Terms & Conditions
These Terms & Conditions govern your access to and use of the SongDiggity website and your purchase of personalized songs, music, videos, and related services. By accessing this website, submitting an order, or using our services, you agree to these Terms & Conditions.
1. Description of Services
SongDiggity creates personalized songs and optional videos based on information, stories, memories, names, photographs, videos, musical preferences, and other materials provided by customers.
Our production process may include human-written lyrics, music and melodies, human creative direction, music production, artificial intelligence tools, human and synthetic vocals, and other technology-assisted services.
Results may vary based on the information provided, selected musical style, technical limitations, and creative direction. SongDiggity does not guarantee that a finished product will exactly match a customer's expectations or requested reference.
2. Customer Information and Permissions
You represent and warrant that you have the legal right and necessary permissions to submit all information and materials provided to SongDiggity.
This may include, without limitation:
- Names and nicknames
- Personal stories and memories
- Photographs and video recordings
- Audio recordings
- Written messages and descriptions
- Information about other individuals
You are responsible for obtaining permission from individuals appearing in photographs, videos, recordings, or other submitted materials when such permission is required.
You agree not to submit material that infringes copyright, trademark, privacy, publicity, contractual, or other legal rights.
3. Customer Content License to Songdiggity
By submitting content to SongDiggity, you grant SongDiggity a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual license to host, store, reproduce, modify, adapt, edit, arrange, create derivative works from, display, perform, publish, distribute, and otherwise use the submitted content as reasonably necessary to provide, operate, promote, advertise, and improve SongDiggity and its services.
This permission may include the use of submitted names, stories, photographs, videos, recordings, and completed project materials in SongDiggity's website, social media, advertisements, promotional materials, demonstrations, portfolios, and other marketing channels.
You understand that promotional materials may be viewed by members of the public and may be distributed through third-party advertising platforms and social media services.
You confirm that you have authority to grant the permissions described in this section and that SongDiggity's permitted use of the submitted materials will not violate the rights of another person.
4. Personal Use License for Customers
After full payment, SongDiggity grants the customer a limited, non-exclusive, non-transferable license to use the completed personalized song or video for personal, non-commercial purposes, including private listening, gifting, and sharing with friends and family.
Unless SongDiggity provides prior written authorization, customers may not:
- Resell or sublicense the song or video
- Use the material for commercial purposes
- Monetize the song or video
- Use the material in paid advertisements
- Offer the material as a product or service to others
- Claim to have created the material themselves
- Distribute the material as a stock or reusable product
- Use the material to train or develop competing services
Personal social media sharing is permitted when the material is shared for personal, non-commercial purposes and is not sold, monetized, or used to promote another commercial enterprise.
5. Intellectual Property & Use
SongDiggity retains all rights it owns in original lyrics, creative arrangements, production materials, branding, workflows, templates, and completed songs, recordings, and videos created through its services. This includes works inspired by customer-provided ideas, stories, memories, and creative direction. SongDiggity may reproduce, modify, publish, distribute, publicly perform, license, monetize, and commercially use such works, including through streaming platforms, advertising, promotional materials, and other business channels.
6. Song Previews
SongDiggity may provide a free preview before payment is requested. Preview length, availability, and format may vary.
Previews are provided for evaluation purposes and may not be reproduced, resold, monetized, distributed commercially, or used to create competing products without written permission.
7. Orders and Payment
Prices and package details are presented on the website or during the order process. Payment must be completed according to the instructions provided for the selected service.
An order is not considered accepted until Songdiggity confirms acceptance and payment has been successfully processed.
SongDiggity reserves the right to correct pricing, description, or availability errors and to refuse or cancel an order when reasonably necessary.
8. Revisions and Changes
One free revision is included with all packages.
Requests that substantially change the original instructions, lyrics, musical direction, vocal style, or video concept may require additional time or fees.
Any additional fee will be communicated to the customer before the additional work begins.
9. Delivery Times
SongDiggity will make reasonable efforts to deliver completed materials within the estimated timeframe communicated during the order process.
Delivery times may be affected by project complexity, revisions, customer delays, technical problems, third-party services, and circumstances outside SongDiggity's reasonable control.
10. Refunds and Cancellations
SongDiggity provides customers with an opportunity to review a preview before accepting a personalized song. Once a customer accepts the preview and authorizes SongDiggity to complete the order, all sales are final.
No refunds will be issued after a customer accepts the preview, authorizes completion, or approves the finished project.
SongDiggity may, at its discretion, address technical errors or failure to deliver the agreed-upon service. Nothing in this section limits consumer rights that cannot legally be excluded.
11. Prohibited Requests
SongDiggity may refuse or cancel requests involving unlawful, abusive, threatening, hateful, defamatory, sexually exploitative, fraudulent, or rights-infringing content.
SongDiggity may also refuse requests that it reasonably believes could create legal, safety, technical, or reputational concerns.
12. Third-Party Services
SongDiggity may use third-party providers for payment processing, hosting, file storage, music production, artificial intelligence, communications, scheduling, and delivery.
Third-party services may have their own terms, privacy policies, usage restrictions, and licensing requirements. SongDiggity is not responsible for changes, interruptions, or failures caused by third-party services.
13. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the website and services are provided on an "as available" and "as is" basis.
SongDiggity does not guarantee uninterrupted website access, error-free operation, specific artistic results, or that every project will meet every subjective preference.
Nothing in these Terms limits warranties or rights that cannot legally be excluded under applicable law.
14. Limitation of Liability
To the maximum extent permitted by applicable law, SongDiggity will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the website or services.
To the maximum extent permitted by law, SongDiggity's total liability relating to an order will not exceed the amount paid by the customer for the specific order giving rise to the claim.
This section does not limit liability that cannot legally be limited or excluded.
15. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SongDiggity and its owners, contractors, service providers, and representatives from claims, damages, losses, liabilities, costs, and expenses arising from:
- Your submitted content or materials
- Your failure to obtain required permissions
- Your violation of these Terms
- Your violation of another person's rights
- Your unlawful or unauthorized use of the services
16. Privacy
SongDiggity's collection and use of personal information are described in our Privacy Policy.
Customers should not submit sensitive personal information unless it is necessary for the requested service and they have the appropriate permission to provide it.
17. Changes to These Terms
SongDiggity may revise these Terms & Conditions from time to time. Updated terms will be posted on this page with a revised effective date.
Continued use of the website after updated terms are posted constitutes acceptance of the revised terms to the extent permitted by applicable law.
18. Governing Law
These Terms & Conditions will be governed by the laws of the State of New York, without regard to conflict-of-law principles, unless applicable law requires otherwise.
Any dispute will be handled in a court with appropriate jurisdiction, subject to applicable consumer protection laws and any legally required alternative dispute procedures.
19. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.
20. Entire Agreement
These Terms, together with any applicable order details, policies, and written agreements, constitute the agreement between you and Songdiggity concerning the services.
21. Contact Information
Questions about these Terms & Conditions may be sent to:
Email: support@songdiggity.com