Terms of Service

1. Overview

CustomHeartSong ("we," "us," "our") provides personalized, human-curated songs created from information supplied by the customer ("you," "your"). By purchasing any product or submitting any information through our website or intake process, you agree to these Terms of Service.

These Terms define our delivery commitments, customer responsibilities, and refund policy. They also clarify usage rights for the songs we create.

2. What You Receive

Depending on the package purchased, you will receive:

• A studio-quality MP3 audio file of your custom song delivered via a private secure link.
• For certain tiers, a digital Lyric Art file (PDF or image format).
• Concierge-tier customers may optionally receive additional materials as stated at purchase.

Note: We do not typically provide stems, raw project files, or alternate versions unless explicitly stated in your package.

3. Creative Process & Lyric Approval

3.1 Lyric Review Before Recording

Our standard workflow includes a lyric review step before the song is recorded. After you complete intake, we send you the proposed lyrics for review. You have the opportunity to:

• Confirm factual accuracy.
• Request name pronunciation clarification.
• Adjust specific story details.
• Request small lyrical refinements.

You must review and respond to lyrics within the response window communicated at the time. Failure to respond within the stated window may result in lyrics being approved as-sent and the song proceeding to recording.

3.2 Limits on Lyric Revisions

The lyric review step is not a complete rewrite opportunity. Lyric review does not include changing the central story concept, selecting an entirely new musical direction, or imitating a specific copyrighted artist or style.

3.3 Post-Recording Changes

Once lyrics are approved and the song is recorded, additional changes are not included in the standard package. We do not re-record a song based on subjective dissatisfaction with the creative interpretation. If a factual error is discovered post-recording (such as a mispronunciation of a name we were not previously alerted to), we will use reasonable efforts to correct it.

3.4 Concierge Tier Revision

The Concierge package includes one creative revision after delivery, as stated at purchase. This revision is subject to the same limits described in Section 3.2.

4. Performance Commitments and Refund Policy

CustomHeartSong stands behind specific, measurable performance standards. Refunds are available exclusively where these standards have not been met, as defined below.

4.1 What CustomHeartSong Guarantees

CustomHeartSong guarantees the following:

• On-time delivery. We will deliver a finished MP3 within the timeframe of the package purchased, measured from the time the customer completes and submits the intake questionnaire and approves lyrics (where applicable).
• Original composition. The song is an original work created for your order and is not a pre-existing or recycled track.
• Personalization based on intake submission. The song will incorporate the central subject, occasion, and primary themes you submit at intake. CustomHeartSong does not guarantee inclusion of every detail, fact, name, anecdote, or descriptor submitted. Songwriting requires creative judgment about which elements are most musically and emotionally effective. You acknowledge that a 2-to-4-minute song cannot accommodate every element of an intake submission.
• Format of delivery. The song will be delivered as a complete MP3 audio file via private link.

4.2 What CustomHeartSong Does Not Guarantee

CustomHeartSong does not guarantee:

• Subjective satisfaction with creative interpretation, vocal style, instrumentation, melody, tempo, mood, or musical genre.
• That every fact, name, anecdote, or descriptor submitted at intake will appear in the finished song.
• A specific technical specification of audio (sample rate, bit depth, file size, etc.). The delivered file will be a standard professional MP3 suitable for personal listening, sharing, and playback on consumer devices.
• That subsequent listeners or recipients will react in any particular way.
• That the recipient of the gift will respond positively or with any specific emotion.

4.3 Customer Responsibilities

The customer is responsible for the following. Refunds will not be issued where customer non-fulfillment of these responsibilities contributed to a delivery issue:

• Complete intake. The customer must complete the intake questionnaire fully and accurately. Missing, vague, or contradictory intake responses limit our ability to incorporate details and do not constitute a basis for refund.
• Pronunciation guidance. When prompted at intake, the customer must provide pronunciation guidance for any non-standard or unusual names. Mispronunciations resulting from missing or unclear pronunciation guidance are not grounds for refund.
• Lyric review. When the lyrics are sent for review, the customer must review and respond within the specified window. Failure to respond, or non-substantive response, waives the customer's lyric review opportunity. The song will proceed to recording based on the lyrics as sent.
• Timely communication. The customer must respond to communication requests from CustomHeartSong within the timeframes specified at the time of contact. Delayed customer responses may extend delivery timelines, and such extensions do not trigger the on-time-delivery guarantee.
• Accurate contact information. The customer must provide a valid, monitored email address. Delivery is considered complete when the song link is sent to the email address provided at purchase.

4.4 Refund Eligibility

A refund will be issued only in the following circumstances:

• Late delivery. If CustomHeartSong fails to deliver the finished MP3 within the package's stated timeframe (measured from the time of completed intake and lyric approval), and the delay was not caused by customer non-fulfillment per Section 4.3, the customer is entitled to a full refund. The customer must request the refund within 7 days of the original delivery deadline.
• Non-original work. If the delivered song is demonstrably not an original composition (i.e., a recycled track sold to multiple customers), the customer is entitled to a full refund.
• Failure to deliver. If no song is delivered at all within 30 days of completed intake, and the delay was not caused by customer non-response per Section 4.3.

4.5 Non-Refundable Circumstances

The following do not qualify for refund:

• The customer does not personally like the creative interpretation of the song.
• The recipient of the gift does not react in the way the customer hoped.
• The song does not include every detail, fact, anecdote, or descriptor submitted at intake.
• The song is in a different musical style than the customer subjectively expected, where the style submitted at intake was honored.
• The customer changes their mind about the gift, recipient, occasion, or theme after the song has been completed or delivered.
• Audio playback issues caused by the customer's device, software, or internet connection.
• Subjective disagreement with creative choices about melody, tempo, instrumentation, or vocal performance.

4.6 Use After Refund Request

A refund request constitutes a return of the work product. Customers who request a refund agree to:

• Cease all use, sharing, distribution, performance, or playback of the song.
• Delete all copies of the song from their devices, accounts, and any platforms where they may have shared it.
• Not present the song to the intended recipient or any third party after a refund has been issued.

Use of the song after a refund request constitutes acceptance of the work and forfeiture of refund eligibility.

4.7 No Refunds Once Creative Work Is Complete

Subject to the specific provisions in Sections 4.4 and 4.5, all sales are final once the song has been delivered to the customer. The customer's recourse for any issue not covered by Section 4.4 is the lyric review process per Section 3.1, or, where applicable, the included Concierge revision per Section 3.4.

4.8 Intake Non-Response (Abandonment)

Your project is considered abandoned if you do not complete the intake questionnaire or stop responding to communication requests. We will attempt contact two times via email (and phone, if provided). If you do not respond within 21 days, the project automatically closes with no refund.

4.9 How to Request a Refund

To initiate a refund request, contact hello@customheartsong.com with the specific commitment from Section 4.4 that was not met and a brief description. Refund requests are reviewed within 5 business days. Approved refunds are processed back to the original payment method within 5-10 business days of approval.

5. Delivery of Files

Songs are delivered through a secure download link. You must download your files within 14 days of delivery. We will retain your files for an additional 14 days (total of 21 days) before deletion.

Redelivery Warning: After the retention period, files may be permanently deleted. If redelivery is possible, it incurs a $20 fee.

6. Licensing & Usage Rights

You receive a perpetual, non-exclusive, royalty-free Personal Use License.

You May: Share with friends and family, use at personal events (weddings, parties, family gatherings), and post on personal social media.

You May Not: Sell the song, upload to streaming services (Spotify, Apple Music, etc.), use it commercially or in advertisements, or use it to train machine learning systems.

All copyright remains with CustomHeartSong.

7. Our Production Process

Our process blends human creative direction with modern music production tools, including generative software systems. Every song is reviewed and curated by a human creative director before delivery. The combination of these tools and human oversight is what allows us to produce studio-quality custom songs at the speeds we offer.

You acknowledge that:

• Modern music production tools may introduce limitations or artifacts that fall within the range of acceptable studio output.
• Outages of third-party cloud systems may temporarily affect delivery timelines (which are addressed under Section 4.4).
• The final emotional and lyrical direction of every song is guided by human oversight.

8. Limitation of Liability

To the maximum extent allowed by law, CustomHeartSong is not liable for emotional dissatisfaction, interpretation of lyrics, recipient reactions, or indirect or consequential damages. Our total liability is limited to the amount you paid for the product.

9. Customer Testimonials

Customer testimonials displayed on this site reflect real quotes from real customers. Quotes may be lightly paraphrased for clarity or length while preserving the original intent of the customer's statement. To protect customer privacy and maintain visual consistency across the site, accompanying portraits and photographs may be representative imagery rather than the actual photograph of the named customer.

10. Changes to These Terms

We may update these Terms periodically. Material changes will be reflected by an updated Effective Date at the top of this page. Continued use of our website or services after changes constitutes acceptance of the updated Terms.

11. Contact

If you have questions about these Terms or wish to initiate a refund request, contact:

hello@customheartsong.com

CustomHeartSong is operated by Integrity First Ventures, LLC, Colorado Springs, Colorado, United States.