1. About EverSong

EverSong provides personalized digital music and song creation services through eversong.online. References to “EverSong,” “we,” “us,” or “our” mean the operator of the EverSong service. References to “you” or “customer” mean the person visiting the website, placing an order, or using a completed song.

2. Eligibility

You must be legally capable of entering into a binding agreement in your location. If you are under the age of legal majority, a parent or legal guardian must place the order and agree to these Terms on your behalf. You may not use the service for an unlawful or unauthorized purpose.

3. Our personalized services

EverSong creates personalized songs based on the stories, names, memories, preferences, musical direction, and other information you provide. Unless expressly stated otherwise on the product page or order confirmation, all products are digital and no physical item will be shipped.

Music is a creative and subjective service. References to a mood, genre, era, instrumentation, or general musical direction help guide the production but do not guarantee an exact result or an imitation of any particular artist, recording, or protected work.

4. Orders and acceptance

Submitting an order is an offer to purchase the selected service. An automated confirmation means that we received your order, but it does not prevent us from reviewing or rejecting an order for suspected fraud, payment problems, prohibited content, technical limitations, pricing errors, or other reasonable operational reasons. If we reject a paid order before providing the service, we will return the applicable payment.

You are responsible for checking the order details, recipient information, email address, selected delivery option, and personalization instructions before submitting payment.

5. Prices, payment, and taxes

Prices and the transaction currency are displayed at checkout. Payment is due when the order is placed and is processed through the payment methods made available by our commerce and payment providers. Applicable taxes may be calculated and added at checkout. You agree to provide current and accurate billing information and authorize the charge shown before completing the purchase.

6. Customer information and instructions

You agree to provide complete and accurate information. EverSong is not responsible for errors in a completed song that directly result from incorrect spelling, dates, names, facts, pronunciations, or instructions supplied by you.

If important information is missing or unclear, we may contact you. Production and delivery estimates may be paused until we receive the required response. Material changes requested after production has started may require additional time or payment.

7. Customer-submitted content

You retain any rights you already hold in the stories, text, photographs, recordings, names, and other materials you submit. You grant EverSong and the service providers involved in fulfilling your order a limited, worldwide, royalty-free license to store, reproduce, adapt, and use those materials only as reasonably necessary to create, review, deliver, support, and secure your order.

You confirm that you have the rights and permissions necessary to submit the materials and that our authorized use of them will not violate another person’s privacy, publicity, copyright, trademark, contractual, or other rights. We will not publicly feature your personalized song or private story in advertising or a portfolio without permission.

8. Prohibited content and requests

You must not submit or request content that is unlawful, threatening, abusive, defamatory, discriminatory, sexually exploitative, fraudulent, invasive of privacy, or that infringes another person’s rights. You must not use EverSong to impersonate, harass, deceive, or harm another person.

We may refuse, pause, modify, or cancel a request that violates these Terms or creates a reasonable legal, safety, or rights concern. When appropriate, we may invite you to provide a different creative direction.

9. Production and delivery

The estimated delivery time for each service is shown on the product page, at checkout, or in the order confirmation. The estimate begins after successful payment and after we have received all information reasonably required to produce the song. Estimates are not guarantees unless expressly stated as guaranteed.

Completed songs are normally delivered to the email address used for the order or through another digital delivery method stated in the order. You are responsible for providing a working email address, checking spam or promotions folders, downloading the file, and keeping a personal backup.

10. Revisions

Any included revisions, revision limits, and request deadlines are described on the applicable product page, offer, or order confirmation. A revision is intended to adjust the delivered song within the original information and creative direction. A new story, recipient, language, genre, concept, or substantial change in direction may be treated as a new order or may require an additional fee. Revision requests must be specific and submitted through the contact method provided by EverSong.

11. Cancellations, refunds, and withdrawal rights

Because each song is personalized and production may begin soon after purchase, cancellation and refund eligibility can depend on whether work has started, whether digital content has been delivered, the reason for the request, and the consumer laws that apply. Our Refund Policy forms part of these Terms and explains the rules applicable to an order.

Nothing in these Terms removes a statutory cancellation, withdrawal, refund, repair, replacement, or other consumer right that cannot legally be waived. Where the law requires separate express consent before personalized work or digital performance begins during a withdrawal period, EverSong may request that consent and the required acknowledgment at checkout or before production starts.

12. License for your completed song

After full payment, EverSong grants the customer a worldwide, perpetual, non-exclusive, non-transferable license to download and use the completed song for personal, non-commercial purposes. This includes listening, sharing it privately, playing it at personal celebrations, and posting it on personal social media accounts that are not using the song primarily for advertising, sponsorship, monetization, resale, or another commercial purpose.

Unless a separate written commercial license expressly states otherwise, you may not sell, sublicense, commercially distribute, commercially exploit, register, mint, license to third parties, use in paid advertising, use as business branding, or monetize the completed song or any substantial part of it.

EverSong and its licensors retain the rights not expressly granted under these Terms, including rights in production methods, pre-existing materials, reusable elements, tools, and the underlying service. Generic ideas, genres, themes, chord patterns, moods, and musical conventions may appear in other works. Commercial usage rights are available only when confirmed in writing by EverSong.

13. Website content and EverSong branding

The EverSong name, branding, website design, text, graphics, product presentation, and other website materials are owned by or licensed to EverSong. Except for normal personal browsing, you may not copy, scrape, reproduce, modify, publish, distribute, sell, or commercially use them without prior written permission or another lawful basis.

14. Third-party services

EverSong may rely on third-party providers for storefront hosting, payment processing, email, file delivery, analytics, customer support, security, and production operations. Your use of a third-party website or service may also be governed by that provider’s terms and privacy practices. We are not responsible for external websites or services that we do not control, but this does not limit any responsibility that applicable law places on EverSong.

15. Privacy and communications

Our Privacy Policy explains how we collect, use, disclose, and protect personal information. By placing an order, you agree to receive transactional communications necessary to process, produce, deliver, revise, or support the order. Promotional messages are subject to the consent and unsubscribe options required by applicable law.

16. Disclaimers

To the fullest extent permitted by law, the website and services are provided on an “as available” basis. We do not promise that the website will be uninterrupted or error-free, or that a subjective creative result will match every personal expectation. Any description, sample, or demonstration illustrates the type of service offered but does not guarantee an identical composition, voice, arrangement, length, or emotional response. Statutory warranties and guarantees that cannot lawfully be excluded remain in effect.

17. Limitation of liability

To the fullest extent permitted by law, EverSong will not be liable for indirect, incidental, special, exemplary, or consequential losses, or for lost profits, revenue, data, opportunities, or goodwill arising from use of the website or service. Where liability may lawfully be limited, EverSong’s total liability for a claim related to an order will not exceed the amount paid for that order. These limitations do not apply to fraud, willful misconduct, death or personal injury caused by negligence, or any liability or consumer remedy that cannot legally be limited.

18. Responsibility for claims

To the extent permitted by law, you agree to be responsible for third-party claims, losses, or reasonable costs arising from content you submitted without the required rights or permissions, your unlawful use of a completed song, or your material violation of these Terms. This section does not require a consumer to compensate EverSong for a claim caused by EverSong’s own unlawful conduct.

19. Events outside our reasonable control

EverSong is not responsible for delay or failure caused by events outside our reasonable control, including widespread internet or hosting outages, payment network failures, natural disasters, severe weather, government action, labor disruption, or critical third-party service interruption. We will make reasonable efforts to communicate material delays and resume performance when reasonably possible.

20. Suspension and termination

We may suspend or terminate access to the website or service when reasonably necessary to address fraud, abuse, unlawful conduct, security risks, nonpayment, or a material violation of these Terms. Provisions that by their nature should continue after termination, including payment obligations, intellectual property provisions, license restrictions, disclaimers, and limitations of liability, will continue to apply.

21. Governing rules and disputes

These Terms are governed by the laws applicable to the EverSong operator and the transaction, without removing mandatory consumer protections or dispute rights available in your country or state of residence. Before beginning a formal claim, please contact us so we can try to resolve the concern directly. Nothing in these Terms prevents either party from using a court, regulator, consumer protection body, or another remedy available under applicable law.

22. Changes to these Terms

We may update these Terms to reflect changes in our services, operations, or legal obligations. The updated version will be posted on this page with a revised “Last updated” date. Unless law requires otherwise, changes apply prospectively and do not alter the agreed terms of an order already placed. Continued use of the website after an update means you accept the revised Terms for future use.

23. General provisions

These Terms, together with the policies and order details incorporated by reference, form the agreement between you and EverSong regarding the service. If a provision is found unenforceable, the remaining provisions will continue to apply. A failure to enforce a provision is not a waiver of that provision. Headings are included only for convenience.