Terms Of Service for OurTune.com

a) These Terms of Service for OurTune.com ("OurTune Terms"), along with the OurTune.com Privacy Statement, form a legally-binding contract between you and OurTune.com, as well as its affiliates ("we," "us" and "our"). By using OurTune.com, you are agreeing to be legally bound by these OurTune Terms. If you don't agree with these OurTune Terms, you must discontinue using OurTune.com.

b) As used in these OurTune Terms, the word "Services" applies to online services provided to you by OurTune.com, through its software applications, websites, and APIs, primarily for the creation and delivery of customized digital songs.

c) To use OurTune.com and/or Services, you must be at least 18 years old and/or have full legal capacity. If you are not 18 years old and/or you don't have full legal capacity, you must have your parent or legal guardian's permission to use OurTune.com and/or Services. Please have your parent or legal guardian read these terms with you. If you are a parent or legal guardian, and you allow your charge to use OurTune.com and/or Services, then these terms apply to you and you are responsible for the use of OurTune.com and/or Services by your charge.

a) You agree that you will not use OurTune.com for any purpose that is unlawful, or prohibited by these OurTune Terms. You agree to follow all applicable local, state, national, and international laws and regulations.

b) You are solely responsible for all acts or omissions that occur while using OurTune.com, including the Input that you upload, submit, provide or otherwise make available to OurTune.com (where "Input" is defined as any text, stories, names, prompts, or other materials provided to OurTune.com for the purpose of generating a custom song), as well as any use of the Output received from OurTune.com (where "Output" is defined as any digital audio files, lyrics, music, or other materials returned by OurTune.com as a result of processing the Input).

c) Use of OurTune.com and Song Generation features (as defined below) is at your own risk. Do not use it for any harmful purposes (to third parties or yourself). Carefully review any Output created by OurTune.com and consider it before relying on it or sharing it with others.

d) We expect you to respect the rights of others. By using OurTune.com, you agree that you will not upload, submit, share, provide or otherwise make available any content, including but not limited to Input and/or Output that violates the rights of any third party, including their copyright or intellectual property rights.

e) You also agree not to upload, submit, provide, share or otherwise make available any content, including but not limited to Input and/or Output that is obscene, vulgar, sexually-oriented, hateful, threatening or spam.

f) OurTune.com has a zero-tolerance policy against child sexual abuse content and will terminate the access of any user who attempts to generate or distribute such content. Furthermore, we will report such users to the appropriate authorities.

g) You acknowledge that information of any kind (including but not limited to Output) presented to you via OurTune.com may be protected by copyright, trademark, patent and/or other proprietary rights and laws. You agree not to violate these laws or infringe these rights in any way.

h) OurTune.com does not claim ownership of any Input. However, by submitting Input to OurTune.com or any Service, you consent to OurTune.com's use of it solely for the purpose of generating the requested digital song and providing these services to you.

i) If you upload any content to OurTune.com's sites, you warrant that you have the necessary rights and authority to do so, including the necessary consent to use any names or personal information about third persons in your customized songs.

a) You are not required to manually register or create a profile to use OurTune.com. Instead, an OurTune.com Account will be automatically created for you based on the email address you provide at checkout. You must provide a valid, accurate, and accessible email address. Because we collect no other contact information, this email address is the sole method we will use to deliver your customized digital song, communicate updates, and provide customer support. Failure to provide a correct email address may result in your inability to access your purchased Output, and OurTune.com is not liable for undelivered Services due to incorrect email information.

b) OurTune.com is a paid service. In exchange for the purchase fee, you are granted the ability to generate a customized digital song based on your Input. Once the generation process is complete, a secure link to download and access your customized digital song will be delivered directly to the email address you provided.

c) Upon accepting these OurTune Terms and completing your payment, the customized song generation process begins immediately. Due to the highly personalized and digital nature of the generated songs, you agree for OurTune.com to start providing the Service immediately. You acknowledge that you lose the right to withdraw from the contract, cancel your order, or request a refund once the digital product generation has commenced, even if you have not yet opened or accessed the delivery email.

d) Payments are handled by a secure third-party payment service provider. All purchase confirmations, payment receipts, and subsequent communications regarding your order will be routed exclusively through your provided email address.

OurTune.com is equipped with AI-enhanced functionalities and production tools that allow it to generate customized musical compositions and vocals based on your prompt ("Song Generation features").

a) Song Generation features perform tasks based on your Input to create a personalized digital song.

b) Please note that OurTune.com aims to create a beautiful and accurate song, but like all AI-powered or automated tools, the Song Generation features may make mistakes, misinterpret your Input, or produce unexpected musical and lyrical artifacts (commonly referred to as 'hallucinations').

c) Certain Song Generation features made available in OurTune.com might be provided by third parties ("Third Party AI features"). Third Party AI features might be subject to separate terms and conditions.

d) Once the Song Generation features complete your requested Output, a secure link to your song is dispatched automatically to your provided email address. It is your sole responsibility to ensure that emails from OurTune.com are not blocked or filtered by your email service provider. You agree to actively monitor your spam, junk, and promotions folders. OurTune.com considers the Service successfully delivered upon dispatch from our servers and is not liable for non-receipt claims arising from overly restrictive spam filters, full inboxes, or your failure to locate the delivery email.

OurTune.com does not guarantee that your use of the Services will be problem-free. Although we work hard to provide the highest quality customized songs, we cannot and do not guarantee that they will work perfectly every time or in every respect.

a) OurTune.com and the Services are provided "as is" without warranties of any kind. OurTune.com and/or its respective suppliers hereby disclaim all warranties and conditions with regard to OurTune.com and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

b) OurTune.com does not represent and warrant that the Output will fully and/or correctly execute the task from your Input, nor that the Output will be mistake-free and perfectly adequate to the prompt. Do not use OurTune.com if you are not willing to accept the risks associated with the usage and performance of automated song generation tools.

c) OurTune.com does not represent or warrant that OurTune.com or Services will be uninterrupted or error-free.

d) Subjective Taste and No-Refund Policy: Because music is inherently subjective, we do not offer refunds if you are dissatisfied with the artistic style, genre interpretation, vocal performance, or general musical taste of the generated Output. Due to the custom-made, digital nature of the product, all sales are final once generation begins. However, as a gesture of goodwill, our customer support team may, at our sole discretion, assist you with adapting or modifying the song based on your reasonable requests. Please contact support to discuss potential adjustments, with the understanding that such modifications are provided as a courtesy and do not override our no-refund policy.

a) You are fully responsible and liable for your use of OurTune.com and/or Services, including the Song Generation features.

b) You agree that OurTune.com is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal Output, content, or conduct of any other party, or any infringement of another's rights, including intellectual property rights.

c) In no event shall OurTune.com and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use or performance of OurTune.com, or for any Output obtained through OurTune.com. If you are dissatisfied with any portion of OurTune.com and/or the Services, or with any of these terms, your sole and exclusive remedy is to discontinue using OurTune.com.

d) You agree to indemnify and hold OurTune.com, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on OurTune.com and/or the Services.