Terms & Conditions
1. General Overview
Welcome to thedearsong.com (“Website” or “Platform”). These Terms and Conditions (“Terms”) govern your access to and use of the products and services offered by MB Etalona, operating under the brand DearSong (“we,” “us,” “our”), including the ordering and delivery of custom personalized songs (“Services”).
By accessing, browsing, or using the Website, or by placing an order, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Website or purchase any Services.
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to place an order or use the Services. By using the Website, you represent and warrant that you meet these age requirements.
3. Description of Services
DearSong creates custom, personalized songs based on information you provide through our order survey. Each song is a unique, one-time digital product — not a subscription. Our Services include:
- Custom Song Creation: You fill out a survey describing the recipient, your relationship, memories, and preferences (genre, tone, message). Our team crafts original lyrics and produces a fully recorded, studio-quality song based on your responses.
- Digital Delivery: Your completed song is delivered via a private access link sent to the email address you provide.
- Standard Delivery: Songs are delivered within approximately 7 days of order acceptance.
- Fast-Track Delivery: After purchasing, you may select expedited delivery options (from 24 hours) for an additional fee.
Every song is unique — no two songs are ever the same.
4. Orders and Acceptance
When you submit an order and complete payment, you are making an offer to purchase a custom song. Your order is not accepted until we confirm acceptance via email. We reserve the right to accept or decline any order at our sole discretion.
Please review your survey responses and order details carefully before submitting. Because each song is custom-made based on the information you provide, changes may be difficult or impossible to accommodate after production has begun.
5. Pricing and Payment
All prices are displayed on the Website at the time of purchase and are quoted in the currency shown at checkout. Prices are subject to change without prior notice, but any change will not affect orders that have already been accepted.
Unless otherwise stated, prices do not include applicable taxes, which may be added at checkout as required by law.
By placing an order, you represent and warrant that: (a) the payment information you provide is accurate and complete; (b) you are authorized to use the payment method; and (c) you will pay all charges at the posted prices, including any applicable taxes and fees.
6. Delivery
Your completed song is delivered digitally by making a private access link available through the Platform and by sending a notification to the email address you provide.
Your responsibilities:
- Ensure the email address you provide is accurate and capable of receiving messages.
- Check your spam or junk folders if you do not see your delivery notification.
Delivery is considered complete when the access link is made available, regardless of whether you open the email, click the link, or play the song. We are not responsible for delivery issues caused by an incorrect or inaccessible email address, email filtering, or your devices, software, or internet service.
Delivery timeframes (7 days standard, or faster with expedited options) are estimates and not guaranteed. We are not liable for delays caused by events beyond our reasonable control.
Access links may be time-limited. We do not guarantee ongoing hosting, archiving, backup, re-delivery, or continued availability of any song file or link. We recommend that you download and save your song promptly upon delivery.
7. Refunds and Cancellations
Because each song is a custom-made digital product created specifically for you based on the information you provide, all sales are final once production has begun or delivery has occurred. By placing an order, you acknowledge the custom and digital nature of the product and agree that no refunds are available after production has started.
Cancellations before production begins: If you wish to cancel your order before production has started, contact us promptly at support@thedearsong.com. Cancellation requests received before production begins may be approved at our sole discretion.
Add-ons and upgrades: Fees for rush/priority delivery and other add-ons or upgrades are non-refundable once purchased.
Exceptions: We may, at our sole discretion, consider a refund in rare cases involving duplicate charges due to technical error or fraudulent charges not initiated by you. To request a review, contact support@thedearsong.com within 7 days of the transaction.
Chargebacks: If you believe a charge is incorrect, please contact us first at support@thedearsong.com so we can resolve it. Initiating a chargeback without contacting us may delay resolution. We reserve the right to dispute chargebacks and to suspend accounts associated with abusive or fraudulent disputes.
EU consumers: By completing your purchase and consenting to immediate delivery of digital content, you acknowledge that you lose your statutory 14-day right of withdrawal once the digital product has been delivered, in accordance with EU Directive 2011/83/EU, Article 16(m).
8. Your Content and Submissions
When you place an order, you provide us with personal stories, memories, names, messages, and other content through the survey (“Your Content”). By submitting Your Content, you:
- Grant DearSong a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and create derivative works from Your Content solely for the purpose of fulfilling your order, delivering the Services, and for our internal quality improvement.
- Grant DearSong a license to use anonymized or aggregated versions of Your Content, as well as the resulting songs, for marketing and promotional purposes (e.g., sample songs, testimonials), provided we do not identify you or the recipient without your separate consent.
- Represent and warrant that you have all necessary rights and permissions to share the information you provide, including information about other people. If you provide personal information about a third party (such as the song recipient’s name), you confirm that you have their consent or a lawful basis to share that information with us.
9. Intellectual Property
All content on the Website — including text, graphics, logos, audio, video, images, and software — is the property of DearSong or its licensors and is protected by applicable intellectual property laws.
Your song: Upon full payment and delivery, you receive a personal, non-exclusive, non-transferable license to use your custom song for personal, non-commercial purposes (e.g., playing at events, sharing with friends and family). You may not sell, license, distribute commercially, or claim authorship of the song. All copyright and ownership rights in the song remain with DearSong.
The Website: You may not reproduce, distribute, modify, publicly display, or create derivative works from any content on the Website without our prior written consent.
10. Prohibited Uses
You agree not to use the Website or Services: (a) for any unlawful purpose; (b) to infringe upon the rights of others; (c) to harass, abuse, or harm any person; (d) to submit false, misleading, or fraudulent information; (e) to transmit viruses or malicious code; (f) to scrape, crawl, or use automated tools to access the Website; (g) to resell, reproduce, or commercially exploit any part of the Services; or (h) to interfere with the security or functionality of the Website.
We reserve the right to suspend or terminate your access at any time if we determine you have violated these Terms.
11. Third-Party Links and Services
The Website may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of any third-party sites. Your use of third-party services is at your own risk and subject to their own terms and policies.
12. Disclaimer of Warranties
The Services and all content on the Website are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of Liability
To the fullest extent permitted by law, DearSong, its officers, directors, employees, affiliates, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services, including but not limited to lost profits, loss of data, or emotional distress.
Our total liability for any claim arising out of or relating to a purchase shall not exceed the amount actually paid by you for that purchase.
This limitation does not apply where prohibited by applicable law, including EU consumer protection regulations.
14. Indemnification
You agree to indemnify and hold harmless DearSong and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of: (a) your breach of these Terms; (b) your violation of any law or third-party rights; or (c) your use of the Services.
15. Governing Law and Disputes
These Terms are governed by the laws of the Republic of Lithuania, without regard to conflict-of-law principles.
If you are a consumer residing in the European Union, you also benefit from any mandatory provisions of consumer protection law in your country of residence. Nothing in these Terms affects your rights as a consumer under applicable EU law.
For any disputes that cannot be resolved amicably, the competent courts of Lithuania shall have jurisdiction, unless EU consumer protection rules grant you the right to bring proceedings in your country of residence.
16. Severability
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
17. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
18. Changes to These Terms
We reserve the right to update these Terms at any time by posting the revised version on the Website. The “Last updated” date at the top indicates when the latest changes were made. Your continued use of the Services after any changes constitutes acceptance of the updated Terms.
19. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and DearSong regarding your use of the Services.
20. Contact Information
If you have any questions about these Terms, please contact us:
Email: support@thedearsong.com Website: thedearsong.com