General terms and conditions

Welcome to MyGiftedSong! By using our website and services, you agree to these Terms and Conditions. Please read them carefully before placing an order.

Article 1 – General

1.1 These terms and conditions apply to all agreements between MyGiftedSong (hereinafter: "we" or "us") and a customer (hereinafter: "you" or "the customer") regarding the provision of personalized songs and related services. 1.2 By placing an order or using our services, you agree to these terms and conditions.

Article 2 – Services

2.1 MyGiftedSong creates personalized songs based on the information, stories, and preferences you share with us. Each song is carefully reviewed and finalized by our team of professional songwriters to ensure the highest quality and personalization. 2.2 The final product is a digital audio file (in MP3 format) and, if applicable, a text file or video clip, delivered via email or a secure download link.

Article 3 – Submission and content

3.1 You are solely responsible for the accuracy, completeness, and legality of the information and content you provide for the creation of the song. MyGiftedSong is not liable for any inaccuracy or incompleteness in the information you provide. 3.2 By placing an order, you authorize MyGiftedSong to process and use your story, names, specific details, and any additional information to create the personalized song. 3.3 MyGiftedSong reserves the right to refuse or cancel orders if the content provided is offensive, discriminatory, unlawful, infringes third-party rights, or if the information is insufficient for the creation of a high-quality song.

Article 4 – Delivery time

4.1 The standard delivery time for personalized songs is clearly stated on our website and/or during the ordering process. 4.2 Urgent deliveries incur an additional charge, as specified on our website. 4.3 MyGiftedSong is not liable for delivery delays due to force majeure, technical failures beyond our control, or incomplete/incorrect information provided by the customer.

Article 5 – Prices and payment

5.1 The current prices for our services and products are listed on the MyGiftedSong website. All prices include VAT, unless otherwise stated. 5.2 Payment must be made in advance using the available payment methods on our website. The order will only be processed after successful receipt of full payment. 5.3 MyGiftedSong reserves the right to change prices at any time. However, the price applicable at the time of your order will remain applicable to that specific order.

Article 6 – Cancellation and right of withdrawal

6.1 Because our products are custom-made and delivered digitally, they are excluded from the statutory right of withdrawal (pursuant to Article 6:230p sub f under 1° and 3° of the Dutch Civil Code). This means that orders cannot be canceled, returned, or exchanged after they have been placed and production has begun. 6.2 Order cancellation is exceptionally possible within one hour of placing the order, provided that MyGiftedSong has not yet begun processing your story or producing the song. Cancellation requests must be submitted in writing to [ info@mygiftedsong.com ].

Article 7 – Satisfaction and retouches

7.1 MyGiftedSong strives to create every song with the utmost care and attention, exceeding your expectations. If, despite this, you are not completely satisfied with the song you received, please contact us within 5 days of delivery at [ info@mygiftedsong.com ]. 7.2 We will work with you to find a suitable solution. Depending on the nature of your dissatisfaction, we may offer a limited number of retouches to adjust the song, within reason and within the limits of our service. Further retouches are available for an additional fee.

Article 8 – Intellectual property and use

8.1 All intellectual property rights, including copyrights, to the songs created by MyGiftedSong (compositions, lyrics, arrangements, and productions) remain the property of MyGiftedSong or the performing parties engaged by us at all times. 8.2 As a customer, you acquire a non-exclusive, non-transferable right of use for personal and non-commercial use of the delivered song. This includes the right to listen to the song, share it with family and friends, and publish it on personal social media (e.g., Facebook, Instagram, TikTok, YouTube) provided that MyGiftedSong is credited as the creator where possible. 8.3 Commercial use, including but not limited to sale, licensing, public performance for profit, reproduction for commercial purposes, or distribution to third parties for commercial purposes, is strictly prohibited without prior written consent and a separate license agreement with MyGiftedSong. 8.4 In the event of a full or partial refund of an order, MyGiftedSong retains all intellectual property rights to the creations. These creations may not be used, reproduced, shared, distributed, or disseminated by the customer under any circumstances, including on social media or other platforms, without the prior written consent of MyGiftedSong. Any violation of these provisions constitutes copyright infringement and may result in legal action.

Article 9 – Liability

9.1 MyGiftedSong is not liable for indirect damages, consequential damages, loss of data, lost profits, or damages resulting from the use or misuse of the delivered product, unless there is intent or gross negligence on the part of MyGiftedSong. 9.2 In all cases, MyGiftedSong's liability is limited to the amount the customer paid for the song in question.

Article 10 – Privacy

10.1 MyGiftedSong values ​​your privacy. Your personal information and the story you share will be used exclusively for creating your personalized song and for communication regarding your order. All information is treated confidentially. 10.2 For more information about how we handle your data and how you can exercise your rights, please refer to our separate Privacy Policy, available on our website.

Article 11 – Changes to the General Terms and Conditions

11.1 MyGiftedSong reserves the right to amend these Terms and Conditions at any time. The most current version will always be available on our website. 11.2 Amendments will take effect upon publication. We will notify users of significant changes through a notice on the website or by email. 11.3 Orders placed before the amendment will be subject to the terms and conditions applicable at the time of the order.

Article 12 – Applicable law and disputes

12.1 These Terms and Conditions and all agreements between MyGiftedSong and the customer are exclusively governed by Dutch law. 12.2 Any disputes arising from or related to these Terms and Conditions or the services provided by MyGiftedSong will initially be submitted to the competent court in Amsterdam, the Netherlands, unless mandatory law prescribes otherwise. 12.3 If you are a consumer established in another EU country, the mandatory provisions of consumer law in your own country will continue to apply. These terms and conditions are without prejudice to this.

Contact

For questions, comments or complaints, please contact us via:

Email: [ info@mygiftedsong.com ]

MyGiftedSong – Where your story becomes music. 🎶