Terms Of Service - OurTune

These Terms of Service (“Terms”) are a legally binding agreement between you (“User”, “you”, or “your”) and Blueboard Limited, a company incorporated in Ireland (“Company”, “we”, “us”, or “our”). OurTune.com is a product and service operated by the Company.

• You must be at least 18 years old to use OurTune.
• By using the Service, you represent and warrant that you are at least 18 years of age and have the full legal capacity to enter into these Terms.
• If we have reason to believe a user is under 18, we reserve the right to terminate access and cancel any pending or completed orders without refund.

OurTune is an online service that creates personalized, customized digital songs. Users provide inputs (such as recipient details, occasion, and special memories). Our team, using a combination of human oversight and AI tools (including some provided by third parties), generates lyrics, music, and vocals. The completed song is delivered digitally via email.

• Ownership: You retain ownership of the text, stories, prompts, and other content you submit (“Input”).
• Warranty: You represent and warrant that:
  • you own or have all necessary rights and permissions for your Input;
  • your Input does not infringe any third-party rights; and
  • where your Input includes personal data, you have obtained any necessary consents or have a lawful basis to provide such data.
• Prohibited Content: You may not submit content that is unlawful, defamatory, hateful, infringing, obscene, harmful, or otherwise inappropriate. We reserve the right to refuse, modify, or cancel any order that violates these standards.
• Sensitive Data

  You agree not to submit sensitive personal data (such as health, financial, or highly confidential information), and not to include personal data of others without appropriate authorization.

• Nature of Output: Songs are generated primarily through automated AI systems and are delivered without comprehensive manual pre-publication review.
• No IP Guarantee: Due to the AI-generated nature of the Outputs, we do not guarantee that any copyright will vest in the Output or that it is free from third-party claims.
• License Grant: Upon successful payment, we grant you a limited, non-exclusive, non-transferable, worldwide license to use the Output for personal, non-commercial purposes only (such as sharing with the intended recipient).
• You may not resell, distribute commercially, monetize, upload to streaming platforms, or use the song for business purposes without our prior written consent.

You grant us a worldwide, non-exclusive, royalty-free license to use your Inputs and Outputs for the purpose of:

• providing and delivering the Service;
• operating, maintaining, and improving the Service; and
• developing and enhancing our systems and technologies.

Where reasonably practicable, such use will be based on aggregated or anonymized data.

To the extent that your Inputs or Outputs contain personal data, such data will be processed in accordance with our Privacy Policy and applicable data protection laws, and nothing in these Terms limits your rights under such laws.

• All payments are processed by Stripe Inc. and its subsidiaries, acting as Merchant of Records, acting as the Merchant of Record. We do not store full payment card information.
• Prices are in Great British Pounds (GBP) and are subject to change with notice.

• No Refunds: Due to the personalized and digital nature of the service, all sales are final once the generation process has started.
• Goodwill Rewrite: We offer one (1) free rewrite per song as a gesture of goodwill if you are not satisfied with the initial Output.

• The Service and all Outputs are provided “as is” and “as available” without any warranties of any kind.
• We make no representations or warranties regarding the quality, uniqueness, accuracy, or fitness for any particular purpose of any generated song.
• To the maximum extent permitted by law, our total liability to you for any claim shall not exceed the amount you actually paid for the specific song in dispute.
• We are not liable for any indirect, incidental, consequential, or punitive damages.