Terms of Service - Biography Songs

1. Agreement to Terms

By accessing the website at biographysongs.com ("Site") or purchasing any service from Biography Songs ("Company," "we," "us," or "our"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Site or purchase our services.

2. Description of Services

Biography Songs creates custom, original songs based on information you provide about a person, event, or occasion ("Song" or "Songs"). Our services include songwriting, music production, audio mastering, and delivery of finished audio files. Optional add-on services include rush delivery, additional revision rounds, rights transfer, and streaming distribution.

3. Ordering and Payment

3.1 Order Submission

Orders are submitted through the order form on our Site. By submitting an order, you represent that all information provided is accurate and that you have the authority to place the order.

3.2 Payment

Payment is processed securely through Stripe. All prices are listed in United States Dollars (USD). Applicable sales tax will be calculated and added at checkout as required by law. You agree to pay all charges associated with your selected package and any add-ons at the time of purchase.

3.3 Order Acceptance

Submission of an order does not guarantee acceptance. We reserve the right to decline any order at our sole discretion, including but not limited to orders containing content we deem inappropriate, defamatory, hateful, or otherwise objectionable. If we decline your order, you will receive a full refund.

4. Content You Provide

4.1 Customer-Supplied Information

You are solely responsible for all stories, details, names, and other information you provide to us ("Customer Content"). You represent and warrant that:

You have the right to share the Customer Content with us;
The Customer Content does not infringe on any third party's intellectual property, privacy, or other rights;
The Customer Content is not defamatory, libelous, obscene, threatening, or otherwise unlawful;
You have obtained any necessary consent from the individual(s) referenced in the Customer Content, or you accept full responsibility for any consequences arising from the creation and use of the Song.

4.2 Content Restrictions

We will not create Songs that:

Contain hate speech, threats of violence, or discriminatory content;
Are intended to harass, bully, or demean any individual;
Infringe on the copyright or trademark of any third party;
Reproduce or closely imitate the style of a specific named artist, composer, or copyrighted work;
Contain sexually explicit content involving minors.

We reserve the right to refuse or cancel any order that violates these restrictions, with a full refund issued for any payment already made.

5. Intellectual Property and Licensing

5.1 Default License

Unless you purchase the "Own the Rights" add-on, Biography Songs retains all copyright, ownership, and intellectual property rights in and to the Song(s). Upon delivery and payment in full, you are granted a perpetual, non-exclusive, non-transferable license to:

Play the Song for personal, non-commercial use;
Share the Song with family, friends, and at private events;
Make copies of the Song for personal use;
Post the Song on social media or personal websites;

provided that you include reasonable attribution to biographysongs.com whenever the Song is shared publicly (e.g., in a social media post caption, video description, or website credit). This license does not permit commercial use, resale, sublicensing, or distribution for profit.

5.2 Rights Transfer (Own the Rights Add-On)

If you purchase the "Own the Rights" add-on for a Song, upon delivery and full payment, all copyright, ownership, and intellectual property rights in that Song are transferred to you. You may then use, modify, distribute, license, and commercially exploit the Song without restriction and without attribution to Biography Songs. The transfer is irrevocable once completed.

5.3 Portfolio Use

Unless you purchase the "Own the Rights" add-on, we reserve the right to use excerpts or samples of your Song (no longer than 30 seconds) in our portfolio, marketing materials, or social media for promotional purposes. We will not use the full Song publicly without your consent. If you prefer your Song not be used for any promotional purposes, notify us in writing at hello@biographysongs.com and we will honor your request.

6. Delivery and Revisions

6.1 Delivery Timelines

Estimated delivery timelines are provided for each package tier. These timelines are estimates and not guarantees. We make commercially reasonable efforts to deliver within the stated timeframe but are not liable for delays due to high order volume, circumstances beyond our control, or revisions requested by you.

6.2 Revision Policy

Revision rounds are included per your selected package tier as described on the pricing page. Additional revision rounds beyond what is included may be purchased as an add-on. Revisions are limited to adjustments to the existing Song (e.g., lyric changes, tempo adjustments, vocal modifications). A revision does not include a complete rewrite or an entirely new Song.

6.3 File Formats

Songs are delivered as digital audio files. The specific formats included vary by tier and are described on the pricing page.

7. Streaming Distribution

7.1 Distribution Service

If you purchase the streaming distribution add-on, we will submit your Song to major streaming platforms including but not limited to Spotify, Apple Music, and Amazon Music. The Song will be released under the "Biography Songs" label or artist profile.

7.2 Platform Availability

We do not guarantee acceptance by any specific streaming platform. Each platform has its own content policies and review processes. Delivery times to streaming platforms are typically 2-7 business days but may vary and are outside our control.

7.3 Streaming Revenue

Any streaming royalties or revenue generated by the Song on streaming platforms are retained by Biography Songs unless you have purchased the "Own the Rights" add-on, in which case streaming revenue arrangements will be discussed separately.

7.4 Takedown

If you wish to have your Song removed from streaming platforms, contact us at hello@biographysongs.com. We will submit a takedown request promptly, though removal timelines are determined by each platform and are outside our control.

8. Refund Policy

8.1 Before Production

If production has not yet begun on your Song, you may request a full refund by contacting us at hello@biographysongs.com.

8.2 During Production

Once production has begun, refunds are not available. We will work with you through the revision process to ensure your satisfaction. If after exhausting all included revision rounds you remain unsatisfied, we will make commercially reasonable efforts to resolve the matter, which may include additional revisions at our discretion.

8.3 Add-On Refunds

Add-on services that have not yet been performed may be refunded. Streaming distribution fees are non-refundable once the Song has been submitted to platforms.

9. Hold Harmless and Indemnification

9.1 Hold Harmless

You agree to hold harmless Biography Songs, its owners, officers, employees, contractors, and agents ("Released Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Song, including but not limited to how it is played, presented, or shared with others;
The emotional, psychological, or other reaction of any person to the Song;
Any claim that the Customer Content you provided infringes on the rights of any third party;
Any claim arising from the stories, names, likenesses, or personal details included in the Song at your direction;
Your breach of these Terms.

9.2 Indemnification

You agree to indemnify and defend the Released Parties from any third-party claims, actions, proceedings, and suits arising from or related to your use of the services, the Customer Content, or your breach of these Terms, and to pay all damages, costs, and attorneys' fees that may be awarded in connection therewith.

10. Limitation of Liability

10.1 No Guarantee of Outcome

Biography Songs creates Songs based on the information you provide. We do not guarantee any specific emotional reaction, outcome, or result from the Song. Songs are creative works and their reception is inherently subjective.

10.2 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BIOGRAPHY SONGS AND ITS RELEASED PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

10.3 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIOGRAPHY SONGS OR ITS RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.4 Exceptions

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law.

11. Assumption of Risk

You acknowledge and agree that:

Songs created about real people may elicit strong emotional reactions, both positive and negative;
You assume all risk associated with playing, sharing, or distributing the Song to any individual or audience;
Biography Songs has no control over how recipients or audiences receive, interpret, or react to the Song;
If the Song is played at a public event, you are solely responsible for any consequences arising from its public performance.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact us at hello@biographysongs.com to attempt to resolve any dispute informally. We will make good-faith efforts to resolve the matter within 30 days.

12.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

12.3 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida. You consent to the personal jurisdiction of such courts.

12.4 Limitation Period

Any claim arising out of or related to these Terms must be brought within one (1) year after the cause of action accrues, or such claim is permanently barred.

13. Acceptable Use

You agree not to use our Site or services to:

Submit false or misleading information;
Attempt to manipulate, exploit, or inject instructions into our creative process through the order form;
Circumvent any security measures or technical limitations;
Use automated tools, bots, or scripts to interact with the Site without our express written consent;
Engage in any activity that is unlawful or prohibited by these Terms.

14. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site with an updated "Last updated" date. Your continued use of the Site or services after any changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy and any order confirmation, constitute the entire agreement between you and Biography Songs regarding the subject matter hereof and supersede all prior agreements, representations, and understandings.

18. Waiver

The failure of Biography Songs to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Biography Songs.

19. Contact

For questions about these Terms, contact us at:

Biography Songs
Email: hello@biographysongs.com
Boca Raton, Florida, United States