Terms of Service

Welcome to Giftwaves. These Terms of Service ("Terms") govern your use of the Giftwaves website at giftwaves.fm and the services we provide (collectively, the "Service"). By using the Service, you agree to these Terms. If you don't agree, please don't use the Service.

1. What Giftwaves does

Giftwaves lets you create personalized, AI-generated songs to give as gifts. You provide details about a recipient and an occasion, and we generate lyrics and audio based on your input.

2. Your account

You may sign in using a supported provider (such as Google). You are responsible for activity that happens under your account and for keeping your sign-in secure. You must be at least 13 years old, and old enough to form a binding contract, to use the Service.

3. Your content and the songs you create

• You are responsible for the details, names, stories, and other information you submit, and you confirm you have the right to share them.
• If what you submit includes information about another person (such as the recipient of the song), you confirm you have the authority to share that information with us and with the AI providers that generate the song, and to receive our communications about the order on their behalf.
• Don't submit content that is unlawful, hateful, infringing, or that violates someone else's privacy or rights.
• Subject to your payment and these Terms, you may use the songs you create for personal, non-commercial gifting. We retain ownership of the underlying models and technology.

4. Payments and refunds

Paid songs and subscriptions are billed through our payment processor, Stripe. Prices are shown at checkout. Because songs are generated to order, sales are final once a song has been produced, except where required by law or at our discretion. You can cancel a subscription at any time; cancellation stops future charges and does not refund the current period.

If you are a consumer in a place that gives you a statutory right to cancel (for example, the European Union or United Kingdom), you may have a limited cooling-off period. Because a song is made for you on demand, when you ask us to start generating it you agree that production begins right away and acknowledge that, once the song has been produced, that cancellation right no longer applies. Nothing in these Terms takes away rights you cannot waive under the consumer-protection law that applies to you.

5. Acceptable use

Don't misuse the Service: no attempts to break, overload, reverse-engineer, or gain unauthorized access to it, and no using it to create content that harasses or impersonates others.

6. AI-generated output

Giftwaves songs, lyrics, and cover art are created by artificial intelligence, using third-party AI models, from the details you provide — not by human composers. Because output is generated automatically, it may not always be perfect or exactly what you expected, and similar inputs can produce similar results for different people. We provide the Service "as is" and don't guarantee that output will be error-free, original, or suitable for any particular purpose.

7. Limitation of liability

To the fullest extent permitted by law, Giftwaves is not liable for any indirect, incidental, or consequential damages arising from your use of the Service. Our total liability for any claim is limited to the amount you paid us in the twelve months before the claim.

8. Your indemnity

You agree to indemnify and hold harmless Giftwaves and its operators from any claims, demands, losses, or costs (including reasonable legal fees) that arise out of the content you submit, your use of the songs you create, your violation of someone else's rights, or your breach of these Terms.

9. Governing law and disputes

Giftwaves is operated from the United States, and these Terms are governed by the laws of the United States and of the state in which Giftwaves is established, without regard to conflict-of-laws rules. If you have a concern, please contact us first at hello@giftwaves.fm so we can try to resolve it informally. Any dispute that can't be resolved that way will be handled in the courts of that jurisdiction, and you and Giftwaves consent to their jurisdiction — except where the mandatory law of your country of residence gives you the right to bring proceedings locally.

10. Changes and termination

We may update these Terms or the Service over time. If we make material changes, we'll update the date above. We may suspend or end access to the Service if these Terms are violated.

11. Contact

Questions about these Terms? Email us at hello@giftwaves.fm.