Terms of Service

1. Scope and contracting party

These Terms of Service (hereinafter "Terms") apply to all contracts concluded at a distance between consumers or businesses (hereinafter "Customer") and the provider named below for the creation and delivery of a custom song offered at singablessing.com and for the add-ons that can be booked with it:

Connect Minds GmbH
Ferdinand-Koch-Str. 31, 26133 Oldenburg, Germany
Managing director: Joshua van Vliet
Amtsgericht Oldenburg, HRB 223605
Email: info@customsongstory.com

A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity (§ 13 BGB, German Civil Code). A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity (§ 14 BGB). Deviating terms of the Customer only become part of the contract if the provider has expressly agreed to their validity in writing.

2. Subject matter of the contract

The subject matter of the contract is the one-time creation of a custom song composed individually according to the Customer's information, and its delivery as an audio file (MP3) by email. In this respect, it is the provision of digital content within the meaning of § 327 Abs. 1 BGB in return for a one-time payment. There is no subscription and no continuing obligation; there is no automatic renewal and no recurring charge.

Depending on the options selected, the service includes in particular:

• the creation of a custom song based on the information the Customer provides in the ordering process, including a cover image generated for it, and the delivery of the audio file as an MP3 by email;
• optionally, express creation, which shortens the delivery time of the song;
• optionally, publication of the song on streaming services in accordance with section 7;
• optionally, the acrylic song plaque in accordance with section 6. In this respect, it is a purchase of movable goods and not digital content.

In addition, the provider offers products without a song, such as acrylic glass or posters (for example with a favorite photo, a starry sky, a heart map or a photo collage), which the Customer designs themselves before ordering. These contracts are pure purchase contracts for movable goods; sections 6, 11 and 13 apply to them accordingly, and the provisions on the song do not apply.

Which add-ons are offered at the time of the order, and at what price, is shown on the offer page and in the ordering process. Add-ons can also be booked after the song has been purchased; in that case, these Terms apply in the version valid at the time the add-on is booked.

We use AI-assisted music and lyrics tools for the composition. The song is a unique gift and entertainment product. There is no entitlement to a specific artistic execution beyond the agreed key details (occasion, the person the song is for, general style).

3. Conclusion of the contract

The presentation of the offer on the website does not constitute a binding offer, but a non-binding invitation to the Customer to submit an offer (invitatio ad offerendum). By clicking the button labeled "Pay" in the checkout or a label with the same meaning (§ 312j Abs. 3 BGB), the Customer submits a binding offer. Before the order is placed, the essential contract details, in particular the total price payable once, are shown to the Customer clearly and comprehensibly; entries can be corrected at any time.

The contract is concluded when an order confirmation is sent by email or when performance begins, whichever occurs first. The contract text is sent together with these Terms and the cancellation policy in text form (by email); the current Terms can also be viewed at any time at singablessing.com/agb. The language of the contract is English.

4. Prices and payment

For a custom song, the base price shown on the offer page or in the ordering process at the time of the order applies. Prices are final prices in US dollars and include any applicable taxes. Add-ons booked optionally are shown separately and transparently in the ordering process and added to the base price. This is a one-time payment; there is no recurring charge or automatic renewal.

For the acrylic song plaque and the products without a song, shipping costs are included in the price shown, provided the shipping address is within the delivery area stated in the ordering process. For deliveries outside Germany, a surcharge shown in the ordering process before the order is placed will be charged.

Promotional prices, discounts and discount codes apply only for the period stated and only to the services specified. They cannot be combined with one another unless expressly stated otherwise, and they cannot be paid out in cash. There is no entitlement to a benefit that was not redeemed being granted afterward. If an order is canceled or refunded, any associated benefit lapses; the amount actually paid will be refunded.

Payment is processed by the payment service provider Stripe (Stripe Payments Europe Limited, Dublin). You can pay by credit or debit card, including Apple Pay and Google Pay, or with PayPal. The specific payment methods available are shown to the Customer in the ordering process. If you pay with PayPal, the payment is handled by PayPal. The amount is due for payment upon conclusion of the contract.

5. Provision and delivery time of the song

Once payment has been successfully received, we begin creating the song. The standard delivery time is up to 24 hours from confirmed payment; with the express option, it is reduced to up to 2 hours. The times stated are target delivery times. Minor delays, for example due to high technical load or disruptions at service providers we use, do not give the right to rescind the contract, as long as delivery takes place within a reasonable period.

Delivery is made to the email address provided in the ordering process. The Customer is obliged to provide a working email address and to check their inbox, including the spam folder.

6. Acrylic song plaque

The optional acrylic song plaque shows the cover image generated for your song on acrylic glass, together with a base and a scan code that plays the song. Dimensions, material thickness and scope of delivery are stated in the product description in the ordering process. It is a personalized item made specifically for the Customer.

For delivery, we need a complete shipping address. If it is not yet available when the order is placed, we will request it by email. Production only begins once the song has been completed and the shipping address has been received. If we do not receive a shipping address despite a reminder, we may refund the portion attributable to the plaque; the contract for the song remains unaffected.

After the song has been completed, the plaque is usually shipped within a few business days via a shipping service provider commissioned by us. This is also a target time. If the Customer is a consumer, the risk of accidental loss and accidental deterioration only passes to them when the goods are handed over to them (§ 475 Abs. 2 BGB). The Customer is obliged to provide a deliverable address; we may charge for additional costs caused by repeatedly incorrect address details.

Products without a song (acrylic glass, posters and more). The Customer designs these products themselves before ordering: they choose the format and, where applicable, the frame and design, upload photos, enter names, text, a place or a date, and confirm the preview, including the spelling, before ordering. The product is printed exactly according to this approval; the Customer is responsible for errors in the information they entered (such as the spelling of names or an incorrect date). The Customer provides the shipping address in the ordering process. Production usually begins immediately after payment is received; orders received by 12 noon on a business day are usually sent to print on the same business day, framed posters usually one business day later. Delivery is made via a shipping service provider commissioned by us and usually takes 2 to 4 business days within Germany and 3 to 6 business days to the rest of the delivery area; these are also target times. If a package cannot be delivered because the address provided was incorrect or incomplete, we will reship it once free of charge as soon as the Customer provides a deliverable address. The transfer of risk is governed by the preceding paragraph. The product only carries a scan code if the Customer links their song with us in the ordering process.

For the right to cancel for the plaque and the products without a song, see the section "Right to cancel" and the cancellation policy.

7. Publication on streaming services

If you book publication, we submit your song to streaming services such as Spotify, Apple Music and other popular platforms via a distribution service provider. You will receive a link from us as soon as the track is available.

The song is submitted as soon as it has been completed. In our experience, it takes a few days for the track to appear in the stores; how long this takes is up to the platforms alone and cannot be influenced by us. We owe proper submission, not acceptance by any particular platform. If a platform rejects the publication or later removes the track for reasons for which we are not responsible, we will refund the portion attributable to this add-on, provided the track does not appear on any of the platforms offered.

By booking, the Customer grants the provider the simple (non-exclusive) rights of use to the content they contributed (in particular the information and names used in the lyrics) that are required for publication, without territorial or time limits, limited to the purpose of publishing and distributing this song. The Customer warrants that they are entitled to grant these rights and that any third person named in the song consents to the publication.

The Customer is aware that the published song is publicly available worldwide and typically contains the first name of the person the song is for as well as content from the story told. The Customer can request removal of the track at any time, informally, by email to info@customsongstory.com; we will then arrange the takedown without delay. We have no influence on how long it takes for cached copies at the individual services to disappear. If the Customer requests the takedown after the cancellation period has expired, there is no entitlement to a refund for the publication already carried out. Within the cancellation period, however, the provision in the section "Right to cancel" applies: in that case, we also refund this portion in full.

8. Customer obligations and content

The Customer provides the information required in the ordering process truthfully and completely. They ensure that the content they submit (in particular names, personal stories and other information) does not infringe the rights of third parties and does not violate statutory provisions or public decency. The provider is entitled to refuse to create songs with unlawful, insulting, discriminatory or otherwise offensive content; in this case, any amount already paid will be refunded, insofar as performance has not yet begun.

9. Rights of use: the song is yours

You receive full rights of use to the delivered song and the matching cover image, without time or territorial limits and without license fees. This expressly includes public and commercial use: you may play the song wherever you like, share it, copy it, give it away, post it on your channels, use it in a public performance or at an event, and exploit it commercially. You do not need separate permission from us, and you do not owe us any fee.

We retain the right to create the song, store it and deliver it to you, and to publish it if you booked the publication in accordance with section 7. Our rights to the other content of the website (text, graphics, logos and images) remain with us; they are not covered by this right of use.

10. Revisions and change requests

Before the song is recorded, the Customer receives the lyrics for review and can submit change requests using the function provided for this on the status page. We correct errors attributable to us free of charge, in particular information the Customer provided in the ordering process that was not taken into account, and misspelled names.

Even if the song matches the agreed key details and you simply don't like the voice, style or execution, we will revise it for you. A reasonable number of such revisions is free of charge; currently, that is five per order. For each additional revision, the price shown in the ordering process applies. Purely technical steps, such as restoring an earlier version or switching to a version that has already been generated, are always free of charge and do not count toward this number.

The statutory rights in the event of defects and the right to cancel remain unaffected and are not restricted by this provision.

11. Right to cancel

For contracts concluded at a distance, consumers have a statutory right to cancel within fourteen days. The details and the conditions for exercising this right are set out in the separately provided cancellation policy, which is also provided to the Customer in text form with the order confirmation.

12. Satisfaction guarantee

Independently of the statutory right to cancel, we voluntarily offer a satisfaction guarantee: if you are not happy with your song, contact us within 30 days of delivery at info@customsongstory.com. We will then work toward a revision or a solution as a goodwill gesture. This voluntary guarantee does not limit the statutory rights in the event of defects.

13. Rights in the event of defects

For the custom song as a digital product, the statutory provisions on consumer contracts for the provision of digital products (§§ 327 ff. BGB) apply, supplemented by the general provisions of the German Civil Code. In the event of defects, the Customer has in particular the rights provided for in §§ 327i ff. BGB. For the acrylic song plaque and the products without a song, the statutory rights in the event of defects under sales law apply (§§ 434 ff. BGB); please notify us of transport damage promptly so that we can assert it against the shipping service provider. For consumers, the statutory limitation period applies; if the Customer is a business, the limitation period for claims based on defects is one year.

14. Liability

The provider is liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health. In cases of simple negligence, apart from the cases mentioned above, the provider is only liable for the breach of an essential contractual obligation (cardinal obligation), the fulfillment of which makes the proper performance of the contract possible in the first place and on whose fulfillment the Customer may regularly rely; in this case, liability is limited to the foreseeable damage typical for this type of contract. The above limitations do not apply in the event of fraudulent concealment of defects, the assumption of a guarantee, or claims under the German Product Liability Act (Produkthaftungsgesetz).

15. Privacy

The provider processes personal data in accordance with the GDPR and other applicable data protection regulations. You can find more information in our Privacy Policy.

16. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers whose habitual residence is in the European Union, the application of mandatory consumer protection provisions of the country of residence remains unaffected. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of the provider. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.