These Terms and Conditions (“Terms”) govern your access to and use of the GiftMuzic website, applications, products, content, and services (collectively, the “Services”) provided by Gift Muzic (“GiftMuzic,” “we,” “us,” or “our”).
By accessing or using the Services, creating an account, generating content, purchasing a product, starting a subscription, uploading content, or sending a gift through the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. What GiftMuzic Does
GiftMuzic allows users to create personalized music and gift experiences, including by:
entering prompts, names, stories, preferences, and other information;
using AI-assisted tools to generate lyrics, music, drafts, and variations;
uploading voice samples, audio, images, or other materials;
purchasing one-time products, credits, add-ons, or subscription plans;
saving drafts and managing gifts through account features;
sending gifts to recipients through email, SMS, WhatsApp, private gift links, or other supported delivery methods;
creating or publishing reusable templates, where enabled.
The Services may include experimental, beta, or third-party powered features. Availability may change at any time.
2. Eligibility and Account Use
You must be at least 18 years old, or the age of majority where you live, to use the Services. By using the Services, you represent that:
the information you provide is accurate and complete;
you are authorized to use the payment method you provide;
you will use the Services only for lawful purposes;
you will maintain the confidentiality of your account credentials and are responsible for all activity under your account.
You may not transfer your account to another person without our written consent.
3. User Content and Permissions
“User Content” means any text, prompts, names, stories, notes, voice samples, audio, images, files, recipient details, or other materials you submit, upload, or transmit through the Services.
You represent and warrant that:
you own or control all rights necessary to provide the User Content;
your User Content does not infringe or violate any copyright, trademark, privacy, publicity, contract, or other rights of any person or entity;
where your User Content includes another person’s name, likeness, voice, personal data, or contact details, you have any permissions required to use and share that information;
your User Content is accurate and not misleading.
You grant GiftMuzic a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, transmit, display, and process your User Content as necessary to operate, secure, improve, and provide the Services, including generating outputs and delivering gifts you request.
4. AI-Generated Content
The Services may use AI or automated systems to help generate lyrics, music, recommendations, drafts, and other outputs. You acknowledge that:
outputs may be generated algorithmically and may not be unique;
outputs may contain errors, omissions, or unintended similarities;
results may vary based on prompts, provider behavior, and system limitations;
GiftMuzic does not guarantee any specific creative result, style, emotional response, or commercial outcome.
You are responsible for reviewing generated content before using, purchasing, publishing, or sending it.
5. Ownership and License of Outputs
Subject to your compliance with these Terms and payment of all applicable fees, GiftMuzic grants you a limited, non-exclusive, non-transferable license to use the purchased or generated output for personal or internal lawful use.
Unless we expressly state otherwise in writing:
you may not resell, sublicense, white-label, mass-distribute, or commercially exploit outputs at scale;
you may not claim that AI-generated content was performed by, endorsed by, or created by a real artist, celebrity, or public figure;
you may not use outputs in a way that is deceptive, defamatory, unlawful, or infringing.
GiftMuzic retains all rights in the Services, software, branding, workflows, templates, site content, and any non-user materials used to operate the platform.
6. Reusable Templates and Public Sharing
If the Services allow you to publish or approve content as a reusable template, showcase item, or public example:
you authorize us to display, store, promote, adapt, and reuse that material within the Services;
you agree not to include confidential, sensitive, or private information in any content intended for reuse or public display;
we may edit, decline, remove, or restrict any template or public content at our discretion.
If you do not want content to be reusable or public, do not approve it for those features.
7. Recipient Information and Gift Delivery
To send a gift, you may provide recipient information such as name, email address, phone number, and a message. You are solely responsible for ensuring you have the right to provide that information and to request that we contact the recipient.
By using delivery features, you authorize GiftMuzic and its service providers to send communications and gift content to the recipient using the method you select, which may include:
email;
SMS or MMS;
WhatsApp or similar messaging services;
private gift pages or access links;
other supported delivery channels.
You acknowledge and agree that:
third-party delivery providers may impose their own rules, delays, eligibility checks, message formatting limits, or delivery restrictions;
not all delivery methods are available in all countries, devices, or situations;
delivery timing is not guaranteed;
delivery may fail due to invalid contact information, carrier filtering, provider restrictions, spam controls, recipient settings, network issues, or third-party outages;
a sent gift may be accessible through a private tokenized link or similar mechanism if supported by the Services.
GiftMuzic is not responsible for delays, non-delivery, blocking, or formatting changes caused by third-party messaging or delivery platforms. Meta’s WhatsApp Cloud API is a business-messaging platform tied to a business sender identity and approved template system, rather than a consumer’s personal account.
8. Messaging Consent
If you use a delivery option that sends messages to a phone number, you represent and warrant that you have obtained any consent required by applicable law and carrier/platform rules before submitting that number for messaging.
You agree not to use GiftMuzic to send:
spam;
unsolicited promotional messages;
abusive or deceptive messages;
messages to recipients who have opted out or who you are not authorized to contact.
We may suspend or disable messaging features for abuse, complaints, excessive failure rates, invalid consent, or policy risk.
9. Orders, Payments, and Pricing
Prices, features, credits, subscriptions, and available products may change at any time before purchase. By placing an order, you authorize us and our payment processors to charge the total amount due, including applicable taxes and fees.
We may refuse, cancel, or limit orders where we suspect:
fraud or unauthorized payment activity;
abuse of promotions, credits, trials, or discounts;
technical or pricing errors;
violations of these Terms.
If a payment is canceled, reversed, refunded, charged back, or fails after access or delivery has been granted, we may suspend access, reverse entitlements where possible, cancel delivery attempts, or take other reasonable action to protect the platform.
10. Subscriptions, Credits, and Wallet Features
If you purchase a subscription, membership, credit bundle, or wallet-based plan:
your subscription will continue until canceled, unless otherwise stated;
recurring billing may renew automatically on the schedule shown at checkout unless canceled before renewal;
credits, plan allowances, or feature access may be subject to your active plan status and account standing;
some features may consume credits when a generation or regeneration action is completed;
we may limit, expire, reset, or change credits, allowances, or included features as described at checkout or in product details.
You are responsible for reviewing the billing terms presented at checkout. Recurring plans should be clearly disclosed and straightforward to cancel.
11. Refunds and Cancellations
Except where required by law or expressly stated in a separate posted refund policy, all sales are final.
Because GiftMuzic provides digital, personalized, and/or AI-assisted content, you acknowledge that orders may become non-refundable once:
generation work has started;
content has been delivered or made accessible;
credits have been consumed;
a private gift page or delivery link has been created;
interfere with the Services, scrape the platform, reverse engineer protected components, or use bots in an unauthorized manner;
upload malicious code, harmful files, or content intended to disrupt the Services.
We may investigate, suspend, remove, or report violations as appropriate.
13. Third-Party Services
The Services may integrate with or rely on third-party providers for payments, AI generation, storage, analytics, email, SMS, WhatsApp, hosting, and other functionality. We do not control those third-party services and are not responsible for their actions, availability, security practices, or terms.
Your use of third-party services may also be governed by their separate terms and policies.
14. Availability and Service Changes
We may add, change, suspend, or discontinue any feature, provider, plan, workflow, or integration at any time. We do not guarantee uninterrupted or error-free operation.
We may perform maintenance, modify supported providers, limit feature availability, or change technical requirements without notice.
15. No Warranty
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUIET ENJOYMENT.
WITHOUT LIMITING THE ABOVE, GIFTMUZIC DOES NOT WARRANT THAT:
THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
ANY GENERATED CONTENT WILL BE ACCURATE, UNIQUE, SUITABLE, OR DELIVERABLE;
ANY DELIVERY WILL REACH A RECIPIENT AT A PARTICULAR TIME OR AT ALL;
ANY THIRD-PARTY PROVIDER WILL REMAIN AVAILABLE OR COMPATIBLE.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTMUZIC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTMUZIC’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
THE AMOUNT YOU PAID TO GIFTMUZIC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR
USD $100.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
17. Indemnification
You agree to defend, indemnify, and hold harmless GiftMuzic and its affiliates, officers, employees, contractors, licensors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
your use of the Services;
your User Content;
your gifts, messages, deliveries, or recipient submissions;
your violation of these Terms;
your violation of any law or the rights of any third party.
18. Suspension and Termination
We may suspend, restrict, or terminate your access to all or part of the Services at any time, with or without notice, if we believe:
you violated these Terms;
your use creates legal, security, payment, or reputational risk;
your account is involved in fraud, abuse, or repeated failed payments;
continued access could harm GiftMuzic, recipients, third parties, or the platform.
Termination does not relieve you of obligations incurred before termination.
19. Privacy
Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, store, and share personal information.
If you provide recipient information, you represent that you are permitted to provide it for the purpose of delivering a gift or related communication.
20. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new effective date. Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the revised Terms.
21. Governing Law and Disputes
These Terms are governed by the laws of Torrance, California, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Torrance, California, and you consent to the personal jurisdiction and venue of those courts.
If you want arbitration instead, replace this section with your preferred arbitration clause.
22. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
23. Entire Agreement
These Terms, together with any posted policies, checkout terms, subscription disclosures, refund policy, and Privacy Policy, constitute the entire agreement between you and GiftMuzic regarding the Services.
24. Contact
If you have questions about these Terms, contact:
GIFT MUZIC Email: muzic2gift@gmail.com Address: 444 Alaska Avenue, Suite #BSM206, Torrance, California
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