Terms and conditions

These terms apply to all contracts between Nautigo GmbH, Schleiderweg 62, 40789 Monheim am Rhein, Germany (provider, we) and consumers (customers, you) through songfy.app. A consumer is any natural person who concludes the contract mainly neither for commercial nor for self-employed professional purposes. The site is available in several languages. The German version of these terms is binding.

If a business buys a song (a business is anyone who concludes the contract in the course of their commercial or self-employed professional activity), these terms apply accordingly. There is no statutory right of withdrawal for a business. The rights of use in section 5 and the liability rules in section 9 apply to it as well.

Contact: hello@songfy.app. Further details are in the legal notice.

Creating a preview is free and does not create a contract. You fill in the form, we create a preview and you can listen to it.

The contract for the full song is concluded when, after listening to the preview, you press the order button "Order with obligation to pay" and the payment at Stripe is completed successfully. Before that we show you the service, production mode and the total price including VAT. We confirm the contract by email with the link to the song.

There is no customer account. The link to the song page is your access to the song. Keep the email and the link safe.

From your details we create a personal song with lyrics, music and vocals. Lyrics, music and vocals are produced with the help of artificial intelligence. Every version goes through an automatic quality check, for example whether the recipient's name can be recognised in the vocals and the lyrics are right. A person may check in case of doubt.

After payment we unlock the full song. Delivery is through the link to the song page: you can listen to the song there and download it as an MP3 file, and in further formats where offered. We make the audio files available for three years from the order. Download the song if you want to keep it longer.

Creation usually takes five to fifteen minutes. Speed mode is faster. These are typical values, not fixed promises. It may take longer when demand is high.

A gift card to print with a QR code that leads to the listening page of the song, and the lyrics as a PDF, are included. You can download both on the song page after payment.

One rewrite per order is also included: you change the style, voice or pronunciation and say what should be different, and we create a new version. Before purchase it is a second free preview. After purchase it is available for 14 days from payment. The first version is kept. If you pay for one of the two versions, both are unlocked. The same rules apply to the rewrite as to the song, in particular section 7.

Extra service delivery on a date of your choice: for the extra price shown, we send an email with the link to the song to the address you give, at the time you set on the song page after purchase. You can change or cancel the date until sending. If the delivery is cancelled before sending or finally fails, we refund the extra price on request at hello@songfy.app. We cannot be responsible for deliverability at the recipient's end, such as spam filters.

A song is an artistic result. Not liking the style, voice or choice of words is not in itself a defect. We cannot guarantee that every pronunciation, especially of foreign names, matches your expectations exactly. A pronunciation hint in the form improves the result. You hear a preview before you buy.

The price shown to you before the order applies, plus the extra price shown for delivery on a date of your choice where applicable. It is a total price in the currency shown and includes the statutory VAT of the respective country (calculated through Stripe Tax). The price depends on the country you order from and on the chosen mode (Studio or Speed).

Payment is made through Stripe with the payment methods offered there. Your payment details go directly to Stripe. You receive a payment receipt. It is a one-time payment, not a subscription.

Upon full payment we grant you a simple, non-transferable right, unlimited in time and territory, to use the song privately (listen, play, give as a gift, pass on to the recipient) and to share it on social media without monetising it (no advertising revenue, no platform payout programmes, no sponsorship).

Commercial use is not permitted, for example in advertising, in products, on streaming services, on the radio or in public performances for a fee, nor is registration with collecting societies or content ID systems. Reselling the song is excluded.

The right is not exclusive. We reserve the right to create similar songs for others. We do not warrant that copyright exists in the song, and you do not acquire copyright. Songs created with artificial intelligence may not be protected by copyright under current law. We therefore give no assurance about protectability or uniqueness.

We may store and process your entries and the song as far as necessary to perform the contract (see privacy policy). We do not use your song publicly for advertising.

You assure that your entries do not infringe third-party rights and are not unlawful, insulting, discriminatory, inciting hatred, harmful to minors or sexually explicit. You need the rights to the names, texts and voice samples that you enter or upload, and you may use the recipient's name and details for a personal gift.

Please do not enter health data or sensitive details about third parties. In the name recording, record only the name.

You must not abuse the service, for example through automated mass requests, and must not use the song in a way that infringes third-party rights or harasses anyone.

We check entries and results automatically for unlawful content. We may refuse or cancel orders and block songs if content violates laws or these terms, a violation is seriously to be feared, or an authority or an affected person points it out to us. We refund amounts already paid if we block a paid song for reasons you are not responsible for.

If a song cannot be created for technical reasons, you pay nothing, because you only pay after the successful preview.

The statutory rules for contracts on digital products apply (sections 327 et seq. German Civil Code). A defect exists, for example, if the recipient's name is sung wrongly, the lyrics differ substantially from your details or the file cannot be played.

In case of a defect we create the song again free of charge (subsequent performance). Write to us at hello@songfy.app with the song link and a short description. If the new creation also fails or we refuse it, we refund the price. Your further statutory rights, in particular to a price reduction or termination of the contract, remain unaffected.

Limitation follows the statutory rules.

We are liable without limit for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, for fraudulently concealed defects and where we have given a guarantee.

For simple negligence we are liable only for breach of essential contractual obligations, that is obligations whose fulfilment you may rely on and whose breach endangers the purpose of the contract. Liability is then limited to the foreseeable damage typical for this type of contract. Otherwise liability for simple negligence is excluded. The statutory rights in case of defects remain unaffected.

Consumers have a statutory right of withdrawal. For digital content it expires early if we have begun performance after you expressly agreed before payment and confirmed that you know you lose your right of withdrawal in doing so. Details, the model withdrawal form and the option to withdraw online are in the withdrawal notice.

At songfy performance begins immediately: we unlock the full song right after your payment. Because you expressly agree to this when ordering and confirm the loss of your right of withdrawal, there is no right of withdrawal after the order. That is why you hear a free preview before you buy. Your statutory rights in the event of defects under section 8 remain unaffected.

You can report unlawful content or violations of these terms to us at hello@songfy.app. This is also our single point of contact under the Digital Services Act for users and authorities. Please give the song link, describe what is objected to and why, and provide an address for queries. We review the report promptly and block content if the report is justified. Communication is possible in German and English.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (section 36 VSBG). If you have problems we are glad to help directly at hello@songfy.app.

The contract language is German. Translations are for understanding; in case of differences the German version applies. We do not store the contract text separately for you. These terms are available on the site at any time. You receive the order details, the withdrawal notice and the full text of these terms by email.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another state, the mandatory consumer protection provisions of that state remain unaffected where they give you greater protection.

For consumers the statutory places of jurisdiction apply. You may sue us where you live, and we may sue you only there.

If individual provisions are invalid, the rest of the contract remains valid. The statutory rule replaces invalid provisions.