Terms of Service

1. Acceptance of the Terms

By accessing or using Heart to Melody ("the Service"), operated at hearttomelody.com, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any of these terms, do not use the Service.

2. Eligibility

You must be at least 18 years old (or the age of majority in your state) to make purchases on the Service. Users between 13 and 18 may use the free features only with the consent and supervision of a parent or legal guardian. The Service is not available to children under 13.

3. Description of the Service

Heart to Melody is a platform that lets users create personalized songs using artificial intelligence. The user provides a story or emotional context, selects a music genre, and the Service generates lyrics and music using third-party AI technology. Optional add-ons (such as lyric videos) are generated from the song and any photos you provide.

The Service is designed for personal use and gifting. Generated songs are meant to be dedicated to and shared with loved ones.

4. Your Content and Warranties

"Your Content" means the stories, names, personal details, dedications, and photos you submit. You keep any rights you have in Your Content, and you grant Heart to Melody a non-exclusive, worldwide, royalty-free license to host, process, and reproduce it solely to operate the Service and create your songs and videos.

By submitting Your Content you represent and warrant that:

• You have the right to share it, including any information about or images of other people it contains.
• Where it includes information about or images of a minor, you are the minor's parent or legal guardian or have their parent's or guardian's permission.
• It does not infringe any third party's rights, including intellectual-property, privacy, or publicity rights.

5. Intellectual Property and AI-Generated Content

This is an important point to understand before using the Service:

• Songs generated by Heart to Melody are created by artificial intelligence systems. Due to the nature of AI-generated content, we do not guarantee that copyright will vest in any generated output.
• Under current law, works generated entirely by AI may not qualify for copyright protection, since the law requires human authorship.
• Heart to Melody grants you a non-exclusive, personal, non-transferable license to use, download, share, and gift the songs you generate through the Service.
• We do not guarantee that generated content does not infringe third-party rights, including copyrights, trademarks, or other intellectual property rights.
• Commercial use of generated songs (sale, for-profit distribution, media synchronization) is subject to the music-generation provider's terms and is not covered by the basic Heart to Melody license.

6. Acceptable Use

By using the Service, you agree NOT to:

• Generate content that is illegal, defamatory, obscene, threatening, or that incites hatred or violence.
• Use the Service to create content that infringes third-party intellectual property rights (for example, asking it to reproduce existing song lyrics).
• Attempt to reverse-engineer, decompile, or extract the AI models used by the Service.
• Use the Service in an automated way (bots, scraping) without prior written authorization.
• Resell, sublicense, or redistribute access to the Service.

7. Accounts and Payments

• You may need an account to use parts of the Service. You are responsible for keeping your credentials confidential.
• Payments are processed by certified third-party payment processors. Heart to Melody does not store credit or debit card numbers or sensitive financial information.
• Prices are shown in US dollars and may change; the price shown at checkout is the one that applies. You are responsible for any applicable sales taxes shown at checkout.
• All sales are final. Because this is a personalized digital product generated on demand, no refunds are given once a song is unlocked or an add-on purchased. See the "No-Refund Policy" at the top of this document.
• Credits do not expire.

8. Content Availability

• Audio URLs generated by third-party AI providers can expire. Heart to Melody does not guarantee permanent availability of generated audio.
• It is the user's responsibility to download and back up their songs. Heart to Melody is not responsible for the loss of content that was not downloaded.
• The Service may experience interruptions, scheduled maintenance, or technical failures. We do not guarantee continuous, uninterrupted availability.

9. Third-Party Services

To provide the Service, Heart to Melody uses external providers for AI content generation, authentication, payment processing, email delivery, analytics, and cloud infrastructure. Heart to Melody may change, replace, or add providers without prior notice, provided the functionality and security of the Service are maintained. Heart to Melody is not responsible for the availability, performance, or policies of these third-party services; your use of them is subject to their respective terms.

10. Copyright Complaints (DMCA)

If you believe content available through the Service infringes your copyright, send a notice to hello@hearttomelody.com with the subject "DMCA Notice", including: (a) identification of the work; (b) the URL of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; (e) a statement, under penalty of perjury, that the notice is accurate and you are the owner or authorized to act; and (f) your physical or electronic signature. We will remove or disable access to infringing material and may terminate repeat infringers' accounts.

Our designated agent ("Copyright Agent") is registered with the U.S. Copyright Office's DMCA Designated Agent Directory under Registration Number DMCA-1075035.

11. Disclaimer of Warranties

THE SERVICE AND ALL GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HEART TO MELODY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT GENERATED CONTENT WILL MEET YOUR EXPECTATIONS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Heart to Melody, its operators, employees, and agents from any claim, damage, loss, or expense (including legal fees) arising from:

• Your use of the Service.
• Your Content, including third-party or minor information it contains.
• Your violation of these Terms.
• Your violation of third-party rights, including intellectual property, privacy, or publicity rights.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEART TO MELODY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF DATA, LOSS OF REVENUE, COPYRIGHT-INFRINGEMENT CLAIMS ARISING FROM AI-GENERATED CONTENT, OR ANY OTHER DAMAGES ARISING FROM USE OF THE SERVICE.

Heart to Melody's total liability to you for any claim will not exceed the greater of $50 or the amount you paid for the Service in the previous 12 months.

14. Dispute Resolution — Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHTS. You and Heart to Melody agree that any dispute arising out of these Terms or the Service will be resolved by binding individual arbitration rather than in court, except that either party may bring an individual claim in small-claims court. YOU AND HEART TO MELODY EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. Arbitration will be conducted in English on an individual basis by a recognized arbitration provider under its consumer rules.

Opt-out: You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing hello@hearttomelody.com with the subject "Arbitration Opt-Out" from the email associated with your account. Opting out does not affect any other part of these Terms.

15. Changes to These Terms

Heart to Melody reserves the right to modify these Terms at any time. Changes will be posted on this page with the updated date. Continued use of the Service after changes are posted constitutes your acceptance of the new terms.

16. Termination

Heart to Melody may suspend or terminate your access to the Service at any time, with or without cause, with or without prior notice. Upon termination, the Intellectual Property, Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, and Governing Law sections survive.

17. Governing Law and Jurisdiction

Heart to Melody is operated from Mexico. These Terms are governed by the laws of Mexico, without regard to conflict-of-law rules. If you are a consumer in the United States, this choice of law does not deprive you of protections granted by mandatory consumer-protection laws of your state of residence.

Subject to the Dispute Resolution section above, any dispute not subject to arbitration will be brought in the courts of Mazatlán, Sinaloa, Mexico — or, where mandatory consumer law requires, in the courts of your state of residence.

18. General

• Severability: If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
• Entire agreement: These Terms and the Privacy Policy are the entire agreement between you and Heart to Melody regarding the Service.
• Assignment: You may not assign these Terms; Heart to Melody may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Electronic communications: You consent to receive notices and agreements electronically at the email associated with your account or guest session.
• California users: Under Cal. Civ. Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

19. Contact

If you have questions about these Terms of Service, contact us at: hello@hearttomelody.com