These Songoven Terms of Use ("Terms") are a legally binding agreement between SONGOVEN LTD., its subsidiaries, and affiliates (collectively, "Songoven") and yourself ("you").
By using this service or browsing this website, whether by creating a User Account or as a guest (including visitors who have not registered), you acknowledge that you have read, understood, accepted, and agreed to be bound by these terms. These Terms apply to every individual accessing the website or using the service in any manner, whether or not a User Account has been created. If you do not agree to these Terms, please refrain from using this service and/or visiting our website.
Songoven reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms for changes periodically. Your continued use of the User Account after such posting of changes will constitute your consent to be bound by the revised Terms.
By accepting these Terms and/or by opening the User Account, you declare that you are of legal age to form a binding contract with Songoven, and in any case, at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18).
Songoven is a platform for creating personalized and customized songs for yourself or your loved-ones. Songoven permits individuals like you to purchase customized musical creations, of different musical genres, by providing specific guidelines, personalization elements and specifications, and selecting the performing artist (the "Affiliated Artists"). Songoven produces the creation, and ensures that each song "baked" in our oven meets the required standards set forth by Songoven's team for excellence. For purposes of these Terms, each song ordered by you shall be referred to as the "Song".
In order to purchase products from Songoven (including Songs, or add-ons), you must provide an email address to register for and maintain an active personal User Account ("User Account").
Registration for a User Account will require that you submit an email address to Songoven. A change in your email may result in your inability to access or use the User Account. You may be required to provide additional personal information and/or provide proof of identity or other method of identity verification to access or use the User Account.
You are responsible for all activity on your User Account, whether or not such actions were taken by you, including actions taken by third parties, and shall accept full responsibility for any unauthorized use of the User Account.
You acknowledge that your User Account may be terminated if it is used to engage in any activity that violates these Terms or is otherwise improper or illegal, fraudulent, abusive, unethical, questionable, suspicious or which, in Songoven's exclusive discretion is undesired.
ALL OF YOUR ACTIVITY ON THE USER ACCOUNT MAY BE LOGGED AND STORED, AND ALL INFORMATION DISCLOSED TO SONGOVEN.
Orders:
Songoven grants you the right to choose the artist of your Song from an array of Affiliated Artists, carefully selected by Songoven. The Songs created are based on specifications given to Songoven by you. You agree that you shall have limited artistic influence on the final Song produced by Songoven.
Cancellations:
You may not cancel your order once it is submitted. You understand that once the order has been submitted, Songoven has begun working on your request. Accordingly, no cancellations will be permitted, for any reason, after the order has been submitted. No refunds will be issued for cancellations made after the order has been submitted.
Revisions:
The rules permitting revisions of a Song after the order has been submitted are listed on our support page.
Rejections:
You may not reject any Song created at your request and the payment becomes non-refundable once the order of the Song is submitted.
Song Delivery:
When placing your order, you will need to select a delivery date ranging between 4-8 days. The delivery will be completed by the end of the chosen date, which is 23:59. You can log in to your account and track the production progress at any time. Once the production process is complete, we will send you an email notification that your song is ready. All of our products are delivered digitally.
As long as you fully comply with these Terms, Songoven grants you a personal (non-commercial), limited, non-exclusive, non-transferable, non-sublicensable, limited scope license to use the Song, solely in connection with your lawful personal use and for no other purpose.
Songoven and the Affiliated Artists retains all rights in the Song(s) and its related materials (including, but not limited to, applications, designs, graphics, lyrics, texts, information, pictures, video, sound, melodies, instrumentals, music, and other files, and their selection and arrangement) (collectively, the "IP"). You may not directly or indirectly modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means the IP without Songoven's explicit, prior written consent.
Fees:
The price of each Song, product or other service is specified on the relevant order page. The full price for a Song shall be charged and paid upon submission of the order, and shall include all transaction, processing fees, and/or sales tax, as applicable. All payments are made in US currency (U.S Dollar). Any payments made with foreign currency will be subject to transaction and conversion fee.
Refund Policy — General Policy:
Due to the personalized nature of our songs, we do not offer refunds or accept cancellations once an order has been placed. As each song is custom-made and delivered digitally, it cannot be returned or revoked for non-use. We begin working on your song immediately after your order is submitted, as our standard delivery time is within 24 hours.
That said, Songoven retains the right to grant refunds at its sole and unreviewable discretion in special circumstances.
Refunds may be granted in the following cases:
In all other cases, we provide two free revision rounds to allow customers to request corrections or improvements to their song.
Gift cards are a great way to give someone you care about the opportunity to purchase the products of Songoven. Gift cards can be purchased exclusively on the Songoven platform and only exist in electronic form. Gift cards can be used only with respect to products and services available on the Songoven platform. Gift cards will remain effective for a period of 2 years from the date of purchase.
Songoven offers you the opportunity to participate in a referral program in exchange for credits to be used on Songoven's platform. If you refer an Eligible Recipient to Songoven, both you and the Eligible Recipient will be entitled to certain benefits. The Eligible Recipient will receive a one-time credit equal to $5 on the date the Eligible Recipient opens a User Account using the referral link provided by you. When the Eligible Recipient makes their first purchase, you will be entitled to a one-time credit equal to $5.
Songoven reserves the right to terminate the referral program or change its terms and conditions at any time, without notice.
You agree to comply with all applicable laws and Songoven's rules of conduct, when accessing or using the Site and/or the User Account, and you may only access or use the Site and/or the User Account for lawful purposes. You represent and warrant that you have full right and authority to use the User Account and to be bound by these Terms.
The services are provided on an "as is" and "as available" basis. Songoven disclaims all representations and warranties of any kind, whether express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
IN NO EVENT WILL SONGOVEN, ITS MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICES PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON BEHALF OF SONGOVEN, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. IN THE EVENT THAT DESPITE THESE PROVISIONS, SONGOVEN IS FOUND LIABLE FOR ANY DAMAGES, SONGOVEN'S MAXIMUM LIABILITY SHALL NOT EXCEED $10 USD.
Indemnity: You agree to indemnify and hold Songoven, and each of its managers, directors, officers, shareholders, partners, affiliates, employees, consultants, services providers harmless from any claim, demand, loss, liability, damage, cost or expense arising out of your use of the Services, breach of these Terms, or violation of any third party right.
You and Songoven agree that any dispute, claim or controversy arising out of or relating to these Terms or your access to or use of the Services will be settled by binding arbitration between you and Songoven, and not in a court of law.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND SONGOVEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules. Unless you and Songoven otherwise agree, the arbitration will be conducted in New York, NY.
Choice of Law: This Agreement shall be deemed to be made, governed by, and construed in accordance with the laws of New York, without giving effect to the conflicts of law principles thereof.
Severability: If any provision or a portion of any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby.
Assignment: You may not assign these Terms without Songoven's prior written approval. Songoven may assign these Terms at its sole discretion without your prior consent.
Need help with your order or song?