1. Agreement and eligibility
These Terms form an agreement between you and the operator of FondMelody (referred to as “FondMelody”, “we”, “us” or “our”). They apply to the FondMelody website, order funnel, private song portal, digital songs and related support services (together, the “Service”). Our Privacy Policy explains how we handle personal information.
By using the Service or placing an order, you accept these Terms. You must be at least 18 years old, or the age of legal majority where you live, and legally able to enter into a contract. If you order for an organisation or another person, you confirm that you have authority to do so.
2. The personalized-song service
FondMelody creates a custom digital song from the names, memories, relationships, musical preferences and other details you choose to provide. Our process combines human direction and review with specialist writing, music-generation and production technology.
A custom song involves creative interpretation. We aim to follow the brief faithfully, but cannot promise that a particular lyric, performance, style or emotional response will match what you first imagined. We also cannot promise that every musical or lyrical element will be unlike every work created for another customer. Your revision and refund rights are described below.
Product descriptions, examples and previews illustrate the type of service we offer; they are not a promise that your song will sound identical. We may improve, replace or discontinue features, provided that doing so does not remove rights that apply to an accepted order.
3. Orders, prices and payment
Submitting checkout is an offer to buy the product shown in your order summary. An order is accepted when payment is successfully processed and we send an order confirmation. We may reject or cancel an order where payment fails, information appears fraudulent, the requested content is unlawful or unsafe, or we cannot reasonably provide the Service. If we cancel an accepted order without having supplied the Service, we will refund the amount paid.
The price and currency shown at checkout are the price and currency that apply to the order. Any applicable tax or processor-calculated charge is shown before payment. Payments are handled by Stripe and its payment partners; FondMelody does not receive your full payment card number. You must provide accurate contact and billing details and be authorised to use the payment method.
Orders are for personal or household use unless we agree otherwise in writing. You may not purchase the Service for resale or as part of a competing custom-song service.
4. Delivery and access
We deliver by making a private song page or access link available and normally send a notice to the email address supplied at checkout. Our advertised delivery window is a target, not a guarantee that can account for every provider outage, unusually complex brief, review issue or event outside our reasonable control. If a delay occurs, we will continue working on the order and provide an update where reasonably possible.
You are responsible for supplying a working email address, checking spam or junk folders and keeping your order link secure. Delivery is complete when the private song page is made available to you, even if an email notice is filtered or unopened. Contact us if you lose access and we will take reasonable steps to verify the order and restore it.
Although we aim to keep delivered songs available, online hosting is not permanent storage. Features, providers and links may change over time. Download and keep a personal copy of the finished version you wish to preserve.
5. Revisions
Where the offer states that revisions or redos are included, there is no numerical cap on good-faith requests that remain reasonably connected to the original recipient, story and intended gift. You should explain requested corrections through the private order portal so that they remain attached to the right version.
A revision can correct facts, pronunciation, tone, lyrics, arrangement or production direction. A request for an unrelated recipient, substantially different story or entirely separate song may require a new order. We may combine repetitive requests, ask for clarification, or stop processing abusive, unlawful, technically impossible or bad-faith requests. These limits do not affect your statutory rights or the 14-day guarantee below.
6. 14-day money-back guarantee
If you are not satisfied, email us within 14 calendar days after the first version of your song is made available and request a refund. You do not need to justify the request. An approved guarantee refund covers the amount paid for that order and is returned to the original payment method. Bank and payment-network processing times vary.
We may reject duplicate, fraudulent or abusive claims. After a full refund, we may disable the private song page and your licence to use the refunded song ends. This guarantee is in addition to, and does not replace, any non-excludable consumer rights available where you live.
7. Your stories and materials
You keep any rights you already have in the story, photographs, messages, feedback and other material you submit (“Customer Material”). You give FondMelody a worldwide, non-exclusive, royalty-free licence to host, copy, adapt and share Customer Material with our service providers only as reasonably needed to create, review, deliver, revise, secure and support your song, comply with law and enforce these Terms.
We will not use a private story or finished song in public marketing without separate permission. If you provide a review, testimonial or reaction video for publication, you give us permission to edit it for length or formatting and display it in connection with FondMelody. You may withdraw future marketing use by contacting us, although we cannot always recall material already printed or lawfully published by others.
You confirm that you are allowed to provide the Customer Material and that our use of it to fulfil the order will not violate another person’s privacy, publicity, copyright or other rights. If your story includes a child or another person’s sensitive information, you must be their parent or guardian, have appropriate permission, or otherwise have a lawful basis to provide it. Do not submit content that you are not comfortable having processed by the production providers named in our Privacy Policy.
8. How you may use your song
Once the order is paid, and subject to these Terms and any rights in Customer Material, we grant you a perpetual, worldwide, non-exclusive licence to download and use the delivered song for personal, non-commercial purposes. This includes listening, sharing it with friends and family, posting it on a personal non-monetised social account, and playing it at private celebrations, weddings, memorials and family gatherings.
The licence does not permit resale, paid distribution, commercial advertising, monetised streaming, synchronisation with a commercial film or game, registration as your independently authored work, or removal of third-party rights notices. Contact us before any commercial use. The FondMelody website, brand, templates, software, design and general content remain ours or our licensors’ property.
9. Acceptable use
You must not use the Service to:
- break the law, encourage harm, threaten or harass another person;
- infringe copyright, privacy, publicity or other third-party rights;
- impersonate someone or misrepresent consent or authority;
- submit malware, interfere with security, scrape the Service or bypass access controls;
- create deceptive political, fraudulent, defamatory, hateful, sexually exploitative or abusive content; or
- reverse engineer, resell or exploit the Service to build a competing product.
We may decline or remove material and suspend access where we reasonably believe these rules have been breached.
10. Third-party services and links
We rely on specialist providers for hosting, databases, payments, email, analytics, writing assistance, music generation and storage. Their systems may be unavailable or may process information in other countries. Our Privacy Policy identifies the principal providers and the information they handle.
Links to third-party websites are provided for convenience. Their content, security and terms are controlled by those third parties, not FondMelody. Your use of a third-party site is subject to its own terms and privacy notice.
11. Disclaimers and limitation of liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence, nor does it limit mandatory consumer rights.
To the fullest extent the law permits, the Service is supplied on an “as available” basis. We do not guarantee uninterrupted access or a particular subjective or emotional result. We are not responsible for losses caused by inaccurate details you supplied, unauthorised sharing of your private link, incompatible devices, internet or email failure, or events outside our reasonable control.
We are not liable for indirect or consequential loss, loss of profit, business, opportunity or data arising from personal use of the Service. Where liability can lawfully be limited, our total liability connected with an order will not exceed the amount you paid for that order. A court may give you additional rights that override this limitation.
12. Suspension and termination
You may stop using the Service at any time. We may restrict or end access if you materially breach these Terms, misuse a private portal, threaten the security of the Service, engage in fraud or fail to pay. Where appropriate, we will provide notice and a reasonable chance to correct the issue.
Provisions concerning payment, content rights, song licences, liability, disputes and any term that by its nature should continue will survive termination. A refund ends the licence for the refunded song as described above.
13. Disputes and governing law
Please contact us first so we can try to resolve a concern informally. Mandatory consumer protections and any right to bring a claim in your home courts remain unaffected. Unless mandatory law requires otherwise, these Terms are governed by the law of the place where the business operating FondMelody has its principal establishment, and disputes are subject to the courts of that place.
14. Changes and general terms
We may update these Terms to reflect changes to the Service, our providers, business practices or law. The updated version applies from the date shown at the top. If a change materially affects an accepted order, the version in effect when you paid will continue to govern that order unless law requires otherwise.
If part of these Terms is unenforceable, the rest remains effective. A delay in enforcing a right is not a waiver. You may not transfer your obligations without our permission; we may transfer the Service and these Terms as part of a genuine business reorganisation or sale, subject to applicable law. These Terms and the policies they link to are the entire agreement about the Service.
15. Contact
Questions, cancellation requests, refund requests and legal notices may be sent to hello@mygiftmelody.com.