Terms of Service

1. Agreement to Terms

By accessing or using Besong ("the Service"), you agree to be bound by these Terms of Service. These Terms constitute a legally binding agreement between you and Besong. If you do not agree to these terms, please do not use the Service.

2. Description of Service

Besong is an AI-powered custom song creation platform. We use your input — including the recipient's name, occasion, genre preferences, and personal story — to generate a unique, personalised song with original lyrics, melody, and production.

Our Service involves: generating personalised lyrics from the information you provide; creating original music and vocals based on those lyrics; and delivering the completed song digitally via email and a personal preview link.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable law
• Have the authority to share any personal information about third parties mentioned in your song request

By using the Service, you represent and warrant that you meet all eligibility requirements.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Submit content that is defamatory, obscene, threatening, harassing, or that infringes on the rights of others
• Submit false or misleading information about yourself or others
• Use the Service to create content promoting hate, violence, discrimination, or illegal activity
• Attempt to reverse-engineer, decompile, or extract the underlying technology
• Use automated systems or bots to access the Service
• Resell, redistribute, or commercially exploit the Service without our consent
• Attempt to circumvent any security features or access restrictions

We reserve the right to refuse or cancel any order that violates these guidelines, at our sole discretion.

5. User Content and Submissions

When you submit memories, stories, names, or other content ("User Content") to create your custom song, you:

• Retain ownership of your original User Content
• Grant us a worldwide, non-exclusive, royalty-free licence to use and process your User Content solely to create your song
• Represent and warrant that you have the right to share any information about individuals mentioned in your content
• Acknowledge that User Content will be processed by third-party AI services to generate your song
• Understand that generated output may not exactly match your expectations

You are solely responsible for the accuracy and appropriateness of the content you submit.

6. AI-Generated Content — Disclaimer

Besong creates personalised songs using AI technology and proprietary workflows. By using the Service, you acknowledge and agree to the following:

Nature of generated content

• Lyrics are generated from the information you provide and may not capture every detail exactly as you envisioned
• Musical style, tempo, and vocal delivery may vary from your expectations
• Names and specific words may occasionally be interpreted or phrased differently than expected
• Creative choices may differ from what a human songwriter would make
• Content safety filters may modify or reject certain content

We cannot guarantee that the generated song will match your exact expectations. The creative output is inherently subjective, and while we strive for quality, AI-generated content is variable in style and result. Our satisfaction guarantee (Section 7) exists precisely to address this.

7. Satisfaction Guarantee and Revisions

We stand behind every song we create. If you are not satisfied with your song, we will revise it or issue a full refund — your choice. To request a revision or refund, contact us at support@besong.co within 30 days of delivery.

Revision requests should describe specifically what needs to change — such as lyrics, tempo, genre, singer style, or specific details. We aim to complete revisions within 3–5 business days. We do not limit the number of revision rounds; if after multiple attempts you are still not satisfied, we will issue a full refund.

8. Orders and Payment

All orders are processed through Stripe, a third-party payment processor. By placing an order, you authorise us to charge your selected payment method for the total amount shown at checkout. Prices are displayed in USD and are subject to change without notice.

We do not store your payment card information. All payment data is handled directly by Stripe in accordance with PCI-DSS standards. Payment must be completed before song generation begins.

9. Refund Policy

Due to the personalised, digital nature of our songs, all sales are final once song generation begins. The satisfaction guarantee in Section 7 is your primary remedy for dissatisfaction. Refunds outside of that guarantee may be considered only in the following limited circumstances:

• Technical failure: If we are unable to generate or deliver your song due to a technical issue on our end that we cannot resolve
• Duplicate charges: If you were incorrectly charged multiple times for the same order

10. Song Ownership and Licensing

Copyright ownership

Besong owns all rights, title, and interest — including copyright to the extent recognised by applicable law — in all songs, lyrics, musical compositions, audio recordings, and artwork generated through the Service ("Generated Content"). Your purchase grants you a licence to use the Generated Content as described below; it does not transfer ownership.

Your personal use licence

Upon successful payment and delivery, Besong grants you a personal, non-exclusive, non-transferable, worldwide licence to use your custom song for:

• Personal, non-commercial use as a gift or keepsake
• Sharing with family and friends
• Playing at private events (weddings, birthdays, anniversaries, etc.)
• Posting on personal social media accounts (non-monetised)

Restrictions

Unless you have purchased a commercial licence, you may not:

• Sell, licence, or commercially distribute your song
• Use the song in advertising, promotional materials, or monetised content
• Submit the song to streaming platforms for commercial distribution or monetisation
• Register or claim copyright ownership of the Generated Content
• Use the song in any way that competes with Besong

AI-generated content and third-party IP

The copyrightability of AI-assisted works is an evolving area of law that varies by jurisdiction. While Besong strives to produce original content, AI generation may occasionally produce output that unintentionally resembles existing works. You assume sole responsibility for evaluating Generated Content for potential third-party IP concerns before any commercial use.

Commercial licensing

If you wish to use your song commercially (advertising, film, streaming distribution, monetised content), please contact us at support@besong.co to discuss a commercial licence. No commercial rights are granted unless confirmed in a separate written agreement.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that songs will meet any specific artistic standard beyond our satisfaction guarantee.

Nothing in this section excludes or limits any warranty or right that cannot be lawfully excluded under the laws of your jurisdiction, including consumer protections under EU, UK, Australian, or Brazilian law.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Besong and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, or goodwill — arising from your use of the Service. Our total aggregate liability for any claim shall not exceed the amount you paid for the relevant order.

Nothing in this section excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under the applicable law of your jurisdiction.

13. Indemnification

You agree to indemnify, defend, and hold harmless Besong and its officers, directors, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any content you submit, including personal information about third parties, where you did not have the right to share such information.

14. Dispute Resolution

Informal resolution

Before filing any formal legal claim, you agree to contact us at support@besong.co to attempt to resolve the dispute informally. We will work in good faith to resolve disputes within 30 days of being notified.

Governing law

These Terms are governed by applicable law. Any unresolved disputes shall be submitted to binding arbitration. This choice of law does not deprive you of the protection afforded by mandatory consumer protection laws of your country of habitual residence.

EU, UK & international consumers

If you are a consumer in the EEA or United Kingdom, you may bring claims in the courts of your country of residence and retain all rights under applicable consumer protection legislation. EU consumers may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

15. Service Availability

We strive to maintain consistent availability of the Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled or emergency maintenance, technical issues with our systems or third-party providers, or circumstances beyond our reasonable control. We are not liable for any loss or damage resulting from Service unavailability.

16. Force Majeure

Besong shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, government actions, failure of third-party services (including AI generation providers, payment processors, or hosting infrastructure), internet or power outages, or cyberattacks. During such events, our obligations will be suspended for the duration of the event. If a delay exceeds 30 days, either party may cancel the affected order, and Besong will refund any amounts paid for undelivered songs.

17. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, including for violation of these Terms, fraudulent or illegal activity, or abusive behaviour. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination — including IP rights, warranty disclaimers, indemnification, and liability limitations — shall survive.

18. International Users

Besong serves customers worldwide. If you access the Service from outside your country of purchase, you are responsible for compliance with your local laws. Where these Terms conflict with the mandatory consumer protection laws of your country of habitual residence, the mandatory laws of your jurisdiction prevail. We acknowledge that consumers in many jurisdictions have non-waivable rights including under EU/EEA consumer directives, UK consumer legislation, Brazil's Consumer Defense Code, and Australia's Consumer Law.

19. Modifications to the Service and Terms

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms at any time by posting the revised version with an updated date. Continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, please stop using the Service.

20. General Provisions

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Entire agreement: These Terms, together with our Privacy Policy and any separate commercial licence agreements, constitute the entire agreement between you and Besong regarding the Service and supersede all prior communications or agreements.

Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. Besong may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing to be effective.

21. Contact

For questions about these Terms, please contact us at support@besong.co.