Terms of Service

Welcome to MakeCustomSongs ("MakeCustomSongs," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of makecustomsongs.com and any related pages, tools, features, or services we provide (collectively, the "Service").

MakeCustomSongs is operated by Avinuity Web Properties LLC, a company registered and based in New York, United States.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

For clarity in these Terms:

• "Input" means information you provide to create your custom song, including recipient names, messages, occasions, qualities, memories, and style preferences.
• "Output" means the AI-generated lyrics and songs produced by the Service using your Input.
• "Download" means downloading an Output file (MP3) in its full quality. Preview playback does not constitute a Download.
• "Account" means a user account you create or access to use the Service.

2. Service Overview

MakeCustomSongs provides an AI-powered custom song creation service. You provide Input about the song recipient and your desired message, and the Service generates personalized lyrics and music in your chosen style.

You understand that:

• Outputs are generated by AI systems and may vary in quality and style.
• The Service may evolve over time and features may be changed, added, or removed.
• Songs are delivered as MP3 files (256 kbps, 44.1 kHz).

3. Eligibility

You must be at least 18 years old to use the Service.

By using the Service, you represent and warrant that:

• you are at least 18;
• you have not been suspended or banned from the Service; and
• you will comply with these Terms and all applicable laws.

If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

4. Accounts, Access, and Security

You may need an Account to access parts of the Service.

You are responsible for:

• maintaining the confidentiality of your login credentials;
• all activity that occurs under your Account; and
• ensuring the information you provide is accurate and current.

We may suspend or terminate Accounts that are compromised, used abusively, or used in violation of these Terms.

5. Purchases, Billing, and Refunds

5.1 Pricing and Payments

Certain features require payment. Prices are shown at checkout. All fees are in U.S. Dollars (USD) unless otherwise stated. You authorize us (and our payment processors) to charge your chosen payment method for purchases and applicable taxes. Prices are exclusive of any applicable sales, use, value-added, or other taxes; you are responsible for all such taxes based on your billing address. We may refuse or cancel orders where fraud, abuse, or unauthorized activity is suspected.

5.2 Retries

Each song purchase includes retry credits based on the package purchased. Single Song includes 25 retries, and Family Pack includes 100 shared retries pooled across the account. Each retry lets you regenerate a song with updated lyrics, music genre, or other options. If we determine that retry usage is abusive, automated, or otherwise outside normal personal use, we may restrict further retries on that purchase at our discretion.

5.3 Refund Policy Summary

Our full refund policy is available on our Refund Policy page. The key terms are:

• Refund window: You may request a refund within 14 days of purchase.
• Condition: No refunds after any Downloads have occurred for that purchase.
• Auto-refund retry limit: Instant refunds are unavailable after more than 15 retries used on a purchase.
• How to request: Visit your Billing page or contact us.

We may deny refund requests that indicate abuse (for example, repeated refund attempts across multiple Accounts or purchases), except where required by applicable law.

5.4 Chargebacks and Payment Disputes

If you initiate a chargeback or payment dispute, we may suspend your Account and access to the Service while we investigate. We reserve the right to provide relevant information to payment processors to respond to disputes.

6. Acceptable Use and Prohibited Content

You agree to use the Service lawfully and responsibly. You may not use the Service to create, upload, generate, distribute, or promote content or conduct that is unsafe, unlawful, or harmful.

6.1 Prohibited Content (Strictly Forbidden)

You must not attempt to generate content that includes or relates to:

• Illegal content of any kind.
• Child sexual abuse material (CSAM) or any sexual content involving minors.
• Explicit sexual content or pornography.
• Hate or hateful content, including content that promotes violence, hatred, harassment, or discrimination against protected groups.
• Graphic violence or content intended to incite violence.
• Harassment, threats, or abuse, including targeted bullying or intimidation.
• Content that violates privacy rights, publicity rights, or other rights of others.
• Content that infringes on copyrights, trademarks, or other intellectual property rights.

6.2 Deceptive, Harmful, or Fraudulent Uses

You must not use the Service for deceptive or harmful purposes, including:

• Impersonation or identity fraud.
• Creating content that falsely claims endorsements or affiliations.
• Using outputs to facilitate scams, fraud, defamation, stalking, or harassment.

6.3 Platform Abuse and Technical Restrictions

You must not:

• Reverse engineer, decompile, disassemble, or attempt to discover source code, models, prompts, or system logic (except where prohibited by law).
• Scrape, crawl, harvest, or automatically collect data from the Service without our written permission.
• Interfere with or disrupt system operation, security, rate limits, or access controls.
• Upload malicious code, viruses, bots, or anything designed to degrade performance or security.
• Use automated access without permission, including scripted bulk requests or high-volume batch processing.

6.4 Enforcement and Reporting

Violations of this Section may result in one or more of the following (at our discretion):

• rejection of song generation requests;
• removal of content;
• temporary suspension or permanent termination of your Account;
• denial of refunds where allowed by law and consistent with our Refund Policy; and/or
• reporting to law enforcement or other authorities, including preservation or disclosure of data where legally permitted or required.

7. Content Moderation and Safety

7.1 Automated Review

To keep the Service safe, your Input may be automatically moderated before processing. Content may be reviewed and filtered to detect prohibited or unsafe content.

7.2 AI Systems and Third-Party Providers

Moderation may use:

• our own automated systems,
• third-party safety vendors,
• and AI-based classification tools.

7.3 Rejection and Logging

If content is flagged as unsafe, we may:

• reject the request and prevent processing,
• block the Account or associated payment method,
• and log or retain limited information for legal compliance, safety enforcement, fraud prevention, and investigations.

7.4 Moderation May Be Incorrect; Appeals

You understand that moderation systems can make mistakes (false positives or false negatives). If you believe your content was incorrectly rejected or your Account was restricted in error, you may appeal by contacting us via our Contact page.

We may request additional information to verify identity or compliance before reinstating access.

8. AI Processing and Output Disclaimers

8.1 AI-Generated Outputs and Limitations

Outputs are generated by AI. You understand and agree that Outputs may contain errors, inaccuracies, or variations from your expectations. AI-generated music and lyrics are probabilistic and may not perfectly match your vision.

8.2 No Guarantee of Quality or Outcome

We do not guarantee that Outputs will be "professional," "studio-quality," or suitable for any particular purpose; that lyrics will be error-free; or that the music will match any specific style exactly.

8.3 Changes to Processing

We may adjust prompts, models, or processing steps at any time without notice.

8.4 Music and Lyrics Disclaimer

You acknowledge that the Service relies on probabilistic AI models. As a result, Outputs may vary in style, tone, and quality. The AI may generate lyrics or melodies that you find unsatisfactory. We make no warranty that the Output will meet your expectations.

For details on how we handle personal data, see our Privacy Policy.

9. Your Content, Ownership, and Permissions

9.1 Your Responsibilities

You are responsible for:

• the Input you provide,
• ensuring you have rights and permissions to use it,
• and ensuring your use complies with these Terms and applicable law.

9.2 Ownership of Input and Output

As between you and us:

• you retain your rights in your Input (to the extent you have such rights), and
• you own the Output generated for you from your Input, to the extent permitted by law.

Commercial Use; No Guarantee of Rights. Subject to these Terms, applicable law, and any terms imposed by third-party model, music, or other providers we use to generate Outputs, you may use your Output for lawful personal or commercial purposes. However, we do not guarantee that any Output is non-infringing, that it is eligible for copyright protection, or that your commercial rights in the Output will be recognized or remain valid over time. You are responsible for how you use the Output, including obtaining any additional clearances that may be required for your intended use.

AI systems may generate similar outputs for other users. Your ownership does not prevent others from receiving similar or even highly similar outputs.

9.3 License You Grant Us to Provide the Service

You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and modify your Input only as necessary to:

• operate and provide the Service,
• generate Outputs,
• prevent abuse and maintain safety,
• comply with legal obligations, and
• enforce these Terms.

9.4 Optional Marketing Use

Unless you explicitly agree (for example, via a separate opt-in), we will not use your Input or Output in public marketing materials. If you do opt in, you grant us a limited license to use the agreed content for promotional purposes.

9.5 Third-Party Providers; Changes in Rights

The Service may use third-party AI models and vendors (for example, music generation providers) to process Input and generate Output. These providers may change their terms, suspend services, or restrict or revoke commercial permissions at any time. Your ability to use an Output may be affected by such third-party changes, legal claims, or regulatory actions. We are not responsible for third-party actions outside our control.

9.6 Claims, Takedowns, and Cooperation

If we receive a complaint, claim, DMCA notice, or other allegation that an Output (or your use of an Output) infringes or violates law, or if a third-party provider notifies us that commercial permissions are restricted or revoked for certain Outputs, then we may (at our discretion):

• notify you and request that you stop using the affected Output;
• remove or disable access to the affected Output within the Service;
• provide a replacement Output, account credit, or refund as described below; and/or
• take other actions we believe are reasonably necessary to reduce legal risk.

You agree to promptly comply with reasonable requests to stop using or take down the affected Output, and to cooperate with our investigation (including providing basic usage details if relevant).

9.7 Exclusive Remedy

If an Output you purchased becomes subject to a credible infringement claim or a third-party provider revokes or invalidates commercial permissions for that Output, then your sole and exclusive remedy is one of the following, at our option:

• regenerate or replace the Output; or
• issue account credit for the affected purchase; or
• refund the amount you paid for the affected Output.

Any remedy under this Section is limited to the affected purchase and is subject to Section 17 (Limitation of Liability).

10. Intellectual Property

The Service (excluding your Input and your Output), including software, user interface, branding, logos, designs, and underlying systems, is owned by MakeCustomSongs or its licensors and is protected by intellectual property laws.

You receive only the limited rights expressly granted in these Terms. You may not use our trademarks without written permission.

11. Prohibited Conduct

In addition to Section 6, you agree not to:

• violate any law or regulation;
• harass, threaten, or harm others;
• attempt unauthorized access to systems or accounts;
• interfere with security or access controls;
• introduce malware; or
• assist others in violating these Terms.

12. Termination and Suspension

We may suspend or terminate your Account or access to the Service at any time if we believe you have violated these Terms, created risk or legal exposure, or engaged in fraud or abuse.

Upon termination:

• your right to use the Service ends immediately;
• we may delete or disable access to content and data as described in our Privacy Policy;
• Sections intended to survive (including IP, disclaimers, limitation of liability, indemnity, and dispute terms) will survive.

13. Copyright Policy and DMCA Notice Procedure

We respect intellectual property rights and expect you to do the same. It is our policy to respond to valid claims of copyright infringement.

13.1 DMCA Notices

If you believe that material on the Service infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 U.S.C. § 512(c)(3)):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work you claim has been infringed;
3. identification of the URL or specific location on the Service where the allegedly infringing material is located;
4. your address, telephone number, and email address;
5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

You can send DMCA notices to:

Email: [email protected]

13.2 Misrepresentations

You may be liable for damages (including costs and attorneys' fees) if you knowingly materially misrepresent that material is infringing.

13.3 Repeat Infringers

We may terminate accounts of users who are repeat infringers, in appropriate circumstances.

14. Third-Party Services

The Service may integrate with or link to third-party tools, sites, or services. We do not control third parties and are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk.

Third-party providers may change or withdraw permissions (including commercial-use permissions) related to Outputs, and we do not guarantee that any Output will remain eligible for any particular use.

15. Feedback

If you provide ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without compensation or attribution, unless prohibited by law.

16. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• the Service will be uninterrupted, secure, or error-free,
• Outputs will be accurate or meet your needs,
• or defects will be corrected immediately (or at all).

You use the Service and Outputs at your own risk.

Without limiting the foregoing, we disclaim any warranty of non-infringement, title, or quiet enjoyment with respect to any Output.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKECUSTOMSONGS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT, OR
• $100 USD.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

18. Indemnification

You agree to defend, indemnify, and hold harmless MakeCustomSongs and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• your use of the Service,
• your Input or use of Outputs,
• your violation of these Terms,
• or your violation of any law or third-party rights.

19. Governing Law and Venue

These Terms are governed by the laws of New York, United States, without regard to conflict-of-law principles.

You agree that disputes will be brought in the competent courts located in New York, United States, unless mandatory consumer protection laws in your jurisdiction provide otherwise.

19.1 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MAKECUSTOMSONGS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR MAKECUSTOMSONGS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.

You further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of all parties to all such proceedings. If this Class Action Waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this subsection will not apply to those parts.

20. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date above. By continuing to use the Service after changes become effective, you agree to the updated Terms.

21. Severability and Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a merger, acquisition, restructuring, or asset sale.

22. Export Control and Sanctions Compliance

You represent and warrant that you are not:

• located in a country that is subject to a U.S. Government embargo (including, but not limited to, Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions), or that has been designated by the U.S. Government as a "terrorist supporting" country; and
• listed on any U.S. Government list of prohibited or restricted parties.

You agree to comply with all applicable export and re-export control laws and regulations.

23. Contact Us

For support, refunds, appeals, or general questions, contact us at:

[email protected]

For DMCA notices:

[email protected]