Terms of Service
The rules and guidelines for using myLoveSong
Welcome to myLoveSong. These Terms of Service (the "Terms") govern your access to and use of the myLoveSong website (mylovesong.com), our custom love song production service, and all related products, content, and functionality (together, the "Service").
Please read these Terms carefully before using the Service. By placing an Order or using the Service, you accept these Terms. Links to these Terms and our Privacy Policy are made available to you at checkout and throughout the Service. If you do not agree, do not place an Order or use the Service.
I. Acceptance of Terms
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated here by reference. These Terms constitute a binding legal agreement between you and MLS (as defined below).
If you are placing an Order on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
II. Definitions
For purposes of these Terms:
- "MLS," "myLoveSong," "we," "us," or "our" means myLoveSong, the consumer-facing brand operated by MLS Studio, LLC, a Florida limited liability company. Throughout these Terms, "MLS" refers collectively to the brand and the operating entity. Note on terminology: "MLS Studio, LLC" (the operating entity, identified by the comma and "LLC" suffix) is a separate concept from "MLS Studio" (the proprietary production environment, defined below). The LLC is the legal entity that owns and operates the brand, the website, and all related Service infrastructure; "MLS Studio" without the comma and LLC suffix refers to the production environment that produces each Work.
- "Service" means the myLoveSong website, the custom love song production service, and all related products, content, and functionality we provide.
- "You" or "your" means the individual placing an Order or using the Service. The terms "buyer" and "customer" are also used in these Terms; "buyer" is synonymous with "you" and refers to the individual placing or having placed a specific Order, while "customer" refers to your overall relationship with MLS across all Orders (used specifically where a right or obligation operates at the relationship level, such as the Reaction Satisfaction Guarantee in Section V and the Repeat Abuse Policy in Section XII).
- "Order" means a request you submit through the Service for us to produce a custom love song, including any selected enhancements, upgrades, or add-ons.
- "Intake Content" (or "the details you submit" in everyday reference) means the information, stories, names, details, vibe selections, style preferences, voice preferences, and any other content you submit through our order form or otherwise provide to us in connection with an Order.
- "Work" or "Works" means the custom love song, lyrics, audio file, and any related Enhancements, add-ons, or artwork we produce and deliver to you under your Order.
- "MLS Studio" means our proprietary production environment, operated by the Producer team — the combination of songwriting craft tradition, music psychology research, and modern music production technology we use to produce every Work. Inside MLS Studio, we apply specific methodologies — including the Hidden Thread methodology, the signature loop, and the story-to-song experience — to find the emotional core of each love story and build the song around it. Note on terminology: "MLS Studio" (without comma or LLC suffix) refers to the production environment defined here. It is distinct from "MLS Studio, LLC" (with comma and LLC suffix), which is the operating entity defined above. The production environment is the system that produces Works; the LLC is the legal entity that owns and operates the system.
- "Producer" or "Producer team" means the MLS team responsible for designing, operating, and overseeing the MLS Studio production system that produces each Work. The Producer role is operational and system-level — analogous to a music industry executive producer — and does not constitute per-Work composition, lyric writing, or personal songwriting for any individual Work. Production of any individual Work may be performed wholly or partly through automated components of MLS Studio (see Section V), and the Producer team's responsibility extends to the design, operation, and quality oversight of that system regardless of automation level. Tips received through the customer-facing tip mechanism are paid to the Producer team; MLS retains 0% of tips. Messages submitted through the customer-facing tip mechanism are routed to the Producer team. The Producer team operates as a unit; individuals associated with MLS may appear in marketing materials in brand-representative capacities, but no individual is the songwriter, lyricist, or composer of any specific Work. Plain language: The Producer team designs, runs, and oversees the system that makes your song. They don't sit down and personally write each individual song the way a traditional songwriter would — that's the system's job, with the Producer team responsible for how the system works overall.
- "Preview Page" means the private page on mylovesong.com where you can listen to your delivered Work, review the lyrics, and choose to approve, revise, or request a refund (subject to the conditions in Sections XI and XII).
- "Download Page" means the page accessible after you approve your Work, where you can download the audio file (delivered in WAV format for studio-quality fidelity), lyrics, and any Enhancements.
III. Description of Service
myLoveSong produces custom love songs — songs that capture love between two people. The Service is built around romantic love and is most often used by people creating songs for their partners, but the same craft serves love in its other forms: love between parent and child, between siblings, between close friends, between people in the early stages of dating or courtship.
When you place an Order, you submit an order form describing your relationship, the recipient, and the moments or details you want the song to capture. We process the details you submit through MLS Studio to produce the Work, which is delivered to your Preview Page within the timeframes described in Section VIII.
No account required. You do not need to create an account to use the Service. Access to your Preview Page, your delivered Work, and your Order details is provided through your email address and Order number. Protect these — anyone with both can access your Order.
IV. Eligibility
You must be at least 18 years old to use the Service. By placing an Order, you represent and warrant that you are at least 18 years old and legally able to enter into a binding contract in your jurisdiction of residence.
The Service is not directed to children under 18, and we do not knowingly collect Intake Content from anyone under 18. If we become aware that we have collected information from a person under 18, we will delete it.
If you are placing an Order on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.
OFAC and Sanctions Compliance. By placing an Order, you represent and warrant that (a) you are not located in any country or region subject to comprehensive US sanctions (including, as of the Effective Date, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), (b) you are not listed on any US government sanctions list (including the OFAC Specially Designated Nationals and Blocked Persons list), and (c) you will not use the Service in violation of any applicable export control or sanctions law. We reserve the right to refuse or cancel any Order at our discretion if we have reason to believe these representations are inaccurate.
V. About the Work You Receive
By placing an Order and using the Service, you acknowledge the following about how the Work is produced and what to expect from it.
How Your Work Is Produced
Every Work is produced by MLS Studio — our proprietary production environment built on three foundations: songwriting craft tradition drawn from sources like Jimmy Webb's Tunesmith and Pat Pattison's Berklee songwriting pedagogy, music psychology research on what makes songs emotionally resonant, and modern music production technology. MLS Studio includes artificial intelligence and machine-learning tools as part of its production pipeline. Used in combination with the songwriting craft frameworks and music psychology research described above, designed and overseen by the Producer team, these tools generate elements of the lyrical, melodic, and arrangement output of each Work — applied consistently to every story we receive so the Work is built around the emotional core of what you shared rather than around surface details. MLS Studio is operated by the Producer team — the human team responsible for designing, operating, and overseeing the production system (see Section II for the full definition).
- Lyrics are produced based on the details you submit.
- Music, melodies, vocals, and arrangement are produced around the lyrics, the vibe you selected, and the production parameters set by MLS Studio.
Output Marking and Provenance. MLS complies with Article 50 of the EU AI Act (Regulation (EU) 2024/1689) as it becomes applicable to providers of generative AI systems serving EU consumers. To the extent required by law, audio Works delivered to EU consumers will include marking that identifies them as artificially generated or manipulated.
What to Expect
MLS Studio is designed to capture the emotional truth underneath a love story and build the Work around it. Even with that design, no production method delivers a perfect match to every imagined outcome. You acknowledge that:
- The Work may contain creative choices or interpretations that differ from what you pictured.
- The system cannot perfectly interpret every emotional nuance or piece of personal context.
- Lyrics may not capture every detail of your story exactly as you envisioned.
- Musical style, tempo, and vocal delivery may vary from your expectations.
- Names, specific phrases, or unusual words may occasionally be pronounced or rendered differently than you expected.
Format and Interoperability
Audio Works are delivered in WAV format at high quality, widely supported by consumer audio software on major operating systems. Where an Order includes additional deliverables — such as cover artwork, lyric sheets, music notation, video editions, or other Enhancements — those deliverables are provided in their respective standard file formats.
Reaction Satisfaction Guarantee
Where applicable law requires disclosure of material limitations on guarantees in close proximity to the guarantee, MLS complies with that disclosure obligation.
We stand behind the songs we deliver. If you are not satisfied that your delivered Work achieved the reaction you hoped for, you may request a full refund subject to the conditions described in Section XII (Refund and Cancellation Policy). The reaction satisfaction guarantee is honored on the same terms as any other refund request: by submitting a refund request through your Preview Page or by contacting support@mylovesong.com. We process eligible refund requests within the timeframe described in Section XII and without requiring evidence of the recipient's reaction.
This guarantee is available before you approve your Work or submit a revision request. As described in Section XII, either action closes the refund window on standard terms. The on-time delivery guarantee in Section VIII operates separately — it covers the base song price only and remains available regardless of whether you have approved your Work or used revisions.
The Reaction Satisfaction Guarantee operates within the standard refund window mechanics described in Section XII, including the commitment events that close the refund window.
One Use Per Customer
The Reaction Satisfaction Guarantee is available once per customer in total, even if your Orders include multiple Works (such as a base song and a Duet Edition). If multiple Works in your Order or Orders disappoint, you may invoke the Reaction Satisfaction Guarantee on the Work of your choice. After invocation on any one Work, the guarantee is exhausted for the customer's account. Future Works (including additional Works in the same Order) and future Orders from the same customer remain subject to all other rights provided in these Terms — including the standard refund and revision mechanics in Sections XI and XII — but are not eligible for the special Reaction Satisfaction Guarantee mechanism.
Revisions and Refunds Available
If you are not satisfied with your delivered Work, you may request revisions or a refund, subject to the conditions described in Section XI (Revision Policy) and Section XII (Refund and Cancellation Policy).
VI. Order Process
To place an Order:
- Complete the order form with information about your recipient, your relationship, and the moments or details you want the song to capture. You also select a vibe and (optionally) a style based on that vibe, plus a preference for whether the singer's voice is male or female.
- Land on the Order Confirmation Page, where you review your details and provide your email address. By providing your email, you authorize us to send transactional communications about your Order. You may also be added to our marketing email list — where your jurisdiction permits this on the basis of your existing customer relationship (such as the United States and the United Kingdom under the soft opt-in framework) — and you may unsubscribe at any time using the unsubscribe link in any marketing email or by contacting privacy@mylovesong.com. Where your jurisdiction requires separate opt-in consent before any marketing email is sent (such as most of the European Union and parts of Latin America), we will obtain that opt-in before sending you any marketing email. We'll never make you jump through hoops to leave the list.
- Optional Priority Delivery upgrade is offered on the Order Confirmation Page (see Section VIII).
- Optional Song Enhancements are offered on the pre-purchase upsell page (see Section IX).
- Checkout — review your full Order and submit payment.
- Optional post-purchase upsells are offered after successful payment, including the Duet Edition, additional Enhancements, and Priority Delivery if not already selected (see Sections VII and IX).
- Order confirmation email is sent to the address you provided.
You are responsible for the accuracy of the details you submit, including the spelling of names. We produce your Work based on what you provide; we do not independently verify names, dates, relationships, or other details.
By placing an Order, you acknowledge that MLS will analyze aggregate patterns across many Orders to improve the Service over time, on the limited terms described in Section XIV. The details you submit are not used to train external generative models, are not sold or shared, and are not published. You may object to the pattern analysis at any time by contacting privacy@mylovesong.com.
VII. Payment Terms
Pricing and Currency
Prices for the Service are displayed in your local currency where supported by our e-commerce platform, with US dollars (USD) as the default. Your Order may include the base song price, optional Priority Delivery, optional Song Enhancements, optional Duet Edition, and applicable taxes — each presented at the relevant point in the Order flow with its price clearly displayed before you commit to it. Pricing for individual Song Enhancements and the Duet Edition is displayed at the point of offer and confirmed at checkout; specific amounts may vary as we test pricing options. The complete total — including the base price, all selected upgrades and enhancements, and all applicable taxes — is shown at checkout before you submit payment. There are no hidden fees, drip-pricing surcharges, or mandatory charges added after the displayed checkout total. You'll always know the exact amount before any charge is processed.
No Subscription, No Auto-Renewal
myLoveSong does not operate on a subscription model. Each Order is a one-time purchase. We do not enroll you in any recurring billing, auto-renewal, or subscription service in connection with your Order, and we do not store your payment method for unauthorized future charges. Any future Order requires a new affirmative purchase from you, including any post-purchase upsell, which is consented to separately as described below.
Payment Methods
We accept payment through Shopify Payments, major credit and debit cards (Visa, Mastercard, American Express, Discover), PayPal, and any other payment methods offered at checkout. Your payment information is processed by our payment processors and is subject to their terms and privacy policies. We do not store full credit card numbers on our servers.
Taxes
Applicable sales taxes, value-added taxes (VAT), goods and services taxes (GST), or other transaction taxes will be calculated and added at checkout based on your billing address and the jurisdictions in which we collect such taxes. You are responsible for any additional taxes imposed by your jurisdiction that we do not collect, and you represent that the tax-residence information you provide at checkout is accurate.
Authorization for Initial Order
By submitting payment, you authorize us (or our payment processor) to charge the full amount of your Order, including any upgrades, enhancements, add-ons, and applicable taxes, to the payment method you provide. If payment fails for any reason, we may cancel your Order or delay production until payment is successfully processed.
Authorization for Post-Purchase Upsells
After completing your initial Order, you may be offered post-purchase upsells (such as the Duet Edition, additional Enhancements, or Priority Delivery if not already selected). If you accept any post-purchase upsell, you authorize us (through our payment processor) to charge the additional amount to the same payment method used for your initial Order. Each upsell requires your explicit consent before any charge is processed — accepting a post-purchase upsell is the consent event; nothing is charged automatically without that step.
Customer-Facing Tip Mechanism
After your Work has been delivered to your Preview Page, approved, and downloaded, the Service may offer you the option to leave a voluntary tip for the Producer. Tipping is entirely optional; tips are not part of the base price, are not required for any feature of the Service, and your decision to tip or not tip does not affect your Work in any way.
Where tips go. Tips received through the customer-facing tip mechanism are paid 100% to the Producer; MLS retains 0% of tip amounts as compensation. MLS handles processing administratively.
Tip messages. If you submit a written message with your tip, the message is routed to the Producer. Tip messages are not part of your Intake Content and are not used to produce or revise your Work; they are recipient-of-tip communications. The privacy treatment of tip messages is described in our Privacy Policy.
Refunds and tips. Because tips are paid voluntarily after your Work has been delivered, approved, and downloaded — by which time the refund eligibility window for the underlying Order has closed — tips paid through this mechanism are non-refundable, except where applicable consumer protection law requires refund of a tip in connection with refund of the underlying transaction.
Tax characterization. Tips paid through the customer-facing tip mechanism are gratuities. MLS does not provide tax advice; how a tip is treated for your tax purposes depends on your jurisdiction and circumstances.
Continuity of the tip mechanism. MLS may modify, suspend, or discontinue the tip mechanism at any time on notice through the Service interface, with no obligation to maintain it. Such changes do not affect tips already paid.
VIII. Delivery
Standard Delivery
Standard delivery is included in the base price. Under Standard Delivery, your Work is produced and delivered to your Preview Page within 6 to 7 calendar days of Order placement and successful payment, with the delivery deadline displayed at checkout governing in case of any displayed-time discrepancy. Production begins after the 6-hour cancellation window described in Section XII; the displayed delivery deadline accounts for that window.
Priority Delivery Upgrade
On the Order Confirmation Page, you may upgrade to Priority Delivery for an additional fee displayed at checkout. Under Priority Delivery, your Work is produced and delivered within 2 to 3 calendar days of Order placement and successful payment.
If you don't elect Priority Delivery before checkout, we offer it again as a post-purchase upsell. Priority Delivery elected post-purchase still results in delivery within 2 to 3 calendar days of the upsell acceptance.
Priority Delivery is non-refundable except where production fails entirely or where required by applicable consumer protection law. If you cancel your Order within the cancellation window (Section XII), the Priority Delivery fee is refunded along with the base price.
Calendar Days
Delivery times are measured in calendar days, including weekends and holidays. We don't pause production over a weekend.
Delivery Notifications
We keep you informed throughout production. You'll receive:
- An Order confirmation email immediately after placing your Order.
- One or more production update emails as your Work moves through the pipeline (typically a "we've started on your song" notification and an "almost ready" notification).
- A delivery notification when your Work is ready, with a link to your Preview Page.
- A post-revision notification when a revised version of your Work is ready (if you requested a revision).
- An approval confirmation email after you approve your Work.
- A revision-allowance reminder if you have used your free revisions and additional revisions would now require a fee.
Access to the Preview Page requires your email address and Order number.
On-Time Delivery Guarantee
The delivery deadline displayed at checkout — including any displayed time of day — is the operative delivery commitment for your Order. If MLS fails to deliver your Work to your Preview Page by the displayed delivery deadline, you are entitled to a refund of the base song price plus any sales tax or VAT paid on it — the price you paid for the core custom song product (and corresponding tax), excluding any optional upsells such as Priority Delivery, Song Enhancements, or the Duet Edition (and any tax paid on those upsells) — upon request to support@mylovesong.com. This guarantee applies to the original Work delivery only, not to revised versions; revisions follow the standard revision policy in Section XI. The on-time refund is honored regardless of whether you have already received and previewed the Work, provided the Work was delivered after the displayed delivery deadline. You retain all other rights — including approval, free revisions, download access, and use of the Work — even if you claim the on-time refund.
Local-Time Display. The delivery deadline is displayed to you in your local time zone, captured automatically when you visit the Service. The deadline you see at checkout is rendered in the time zone associated with your device at that time, in your locale's standard date and time format. This same local-time deadline is preserved across your Order confirmation email, your Order tracking page, and any other Order-related communication, so you see a consistent commitment regardless of where you view it. If you travel to a different time zone after placing your Order, the deadline displayed continues to reflect the time zone in which you placed the Order — the underlying delivery commitment, expressed as a fixed moment in time, does not change.
Where your Order includes multiple Works with separate delivery commitments — such as a base song delivered with your initial Order and a Duet Edition added later through a post-delivery upsell — the On-Time Delivery Guarantee applies independently to each Work based on its own displayed delivery deadline. Each Work's on-time refund covers the price paid for that specific Work (excluding optional upsells purchased alongside that Work, such as Song Enhancements purchased for the Duet Edition), on the same terms as the base song on-time refund described above.
We notify buyers proactively when we know an Order is running late. If your Work has not arrived by the displayed delivery date, contact support@mylovesong.com to request your refund.
If a buyer is eligible for both the On-Time Delivery Guarantee and the Reaction Satisfaction Guarantee on the same Order, the buyer may elect either remedy but not both. Election of the Reaction Satisfaction Guarantee terminates the buyer's license to the Work per Section XII; election of the On-Time Delivery Guarantee preserves the license.
IX. Song Enhancements and Duet Edition
Included with Every Base Order
Every base song Order includes Custom Cover Art at no additional cost — original artwork inspired by your story, delivered alongside your song.
Optional Song Enhancements
During the Order process, on the pre-purchase upsell page (before checkout), you may add one or more of the following Enhancements to your Order. Pricing for each Enhancement is displayed at the point of offer and confirmed at checkout:
- Instrumental Version — the melody of your love story, without vocals. Just the music and feeling behind every note.
- Lyrics Music Video — a video of your song with every lyric on screen — follow along as your story unfolds, word by word.
- Printable Sheet Music — the full music sheet for your song, so it can be played on any instrument. Let it be played live one day.
Enhancements are derived from your delivered song and are subject to the same expectations described in Section V. Enhancements arrive alongside your song and do not affect the song delivery date. Enhancements, like all downloadable deliverables, are subject to the download-gate architecture described in Section XI — they remain locked until the corresponding Work is approved on its Preview Page. Enhancements are non-refundable once the primary Work's commitment events have closed its refund window — see Section XII — except where required by applicable consumer protection law.
Duet Edition
The Duet Edition is a version of your Work featuring two voices (one male, one female) designed to evoke two partners singing to each other. The Duet Edition is produced from the same intake content as your base song and is delivered as a separate Work — meaning it has its own Preview Page, its own approval action, its own revision counter, its own refund eligibility window, and its own on-time delivery commitment. Approval, revision, or refund actions on the Duet Edition do not affect the base song, and vice versa.
The Duet Edition is offered as an optional post-purchase upsell immediately after Order placement and again on the Download Page after you approve your base song.
- If you elect the Duet Edition at the post-purchase upsell: It is produced alongside your base song and delivered to its own Preview Page within the same delivery window as your base song.
- If you elect the Duet Edition on the Download Page after base song approval: It is produced and delivered to a new Preview Page on its own delivery timeline. Because the story context is already established from your base song production, the Duet Edition delivery window is typically shorter than the original Order delivery window. The specific delivery commitment is displayed at the point of post-delivery purchase and is binding when displayed.
Pricing for the Duet Edition is displayed at the point of offer and confirmed at checkout. Post-delivery Duet Edition offers may be time-limited as displayed at the point of offer. The Duet Edition is subject to the same terms, expectations, refund conditions, and download-gate architecture as the base song, applied to its own Preview Page.
X. Preview and Approval Process
When your Work is ready, you will receive access to your Preview Page — a private page where you can:
- Listen to the full Work (audio playback).
- Read the complete lyrics.
- Read a note describing the thematic direction and emotional intent the Work was built around.
From the Preview Page, you have four options — three active and one passive:
- (a) Approve and Download. Click "Download My Song" to open an approval confirmation pop-up. The pop-up explicitly confirms that approving the song closes your refund window. Once you confirm approval through the pop-up, you are taken to the Download Page where you can download the audio file (in WAV format) and any Enhancements. Approval is a commitment event — see Sections XI and XII.
- (b) Request a Revision. Click "Request Revision" to open a revision-request confirmation pop-up. After confirming the pop-up, you are taken to the revision form. Your revision request is only active once you complete and submit the revision form. If you click Request Revision but do not submit the revision form, no revision has been requested and your 30-day clock continues running. Submitting the revision form is the commitment event — it signals that you want the Work in a modified form rather than rejecting it entirely, and the refund window closes at that point. When your revised version is delivered to your Preview Page, a new 30-day clock begins for that version (see Sections XI and XII).
- (c) Request a Refund. Request a refund directly through your Preview Page or by contacting support@mylovesong.com. Submitting a refund request is a commitment event — it is mutually exclusive with approval and revision, and once submitted, the license to the Work terminates as described in Section XII. Refund requests are processed under Section XII.
- (d) Take No Action. If you do nothing within 30 calendar days of first delivery to your Preview Page, your Work will be automatically approved (see Section XII). Auto-approval is a passive option — it occurs without any further action by you and closes the refund window on the same terms as manual approval.
The 30-day clock starts when your Work is first delivered to your Preview Page, not when you first visit it. Visiting the Preview Page, listening to the Work, or reading the lyrics does not count as taking action. The clock runs based on whether you complete the approval pop-up or submit the revision form, not on whether you log in or listen.
Multiple Versions on Your Preview Page
When you request a revision, the revised version is delivered to your Preview Page alongside the previous version(s). You may approve any version of the song delivered to your Preview Page — the original, the first revision, the second revision, and so on. Once you approve a specific version, all other versions are no longer available for download. Only the approved version is delivered to your Download Page. If you've made revisions and then decide you preferred an earlier version, you can approve that earlier version directly.
Timer Reset on Revisions
Each time a new version of your Work is delivered to your Preview Page (whether the original delivery or any revised version), a fresh 30-day clock begins for that delivery. If you take no action on a revised version within 30 calendar days, the most recently delivered version is automatically approved.
XI. Revision Policy
Your First Two Revisions Are Free
If you are not fully satisfied with your delivered Work, you may request a revision from your Preview Page. Your first two revisions on any given Order are free.
To request a revision, use the revision request feature on your Preview Page and describe what you'd like changed — a specific line, a pronunciation, the mood of a section, the pacing, or anything else you'd like adjusted.
The current free-revision allowance may change for new Orders in the future. Any change applies only to Orders placed after the change takes effect, and the current allowance is always disclosed before checkout.
Additional Revisions — Small Fee Per Revision
After the first two free revisions, additional revisions are offered at a small fee displayed on your Preview Page at the time of the revision request. This fee helps us continue producing high-quality revisions while keeping our base price accessible. The current revision fee is shown clearly before you commit to any additional revision; you'll always know the exact amount before any charge is processed.
The two-free-revisions allowance resets per Order. If you place a second Order for a different Work in the future, your two free revisions begin fresh for that new Order.
What Revisions Cover
Revisions address adjustments, corrections, or improvements to your existing Work within the creative parameters you originally set. Revisions do not include:
- A completely different Work on a different topic.
- A change of recipient or relationship.
- A change from Standard Delivery to Priority Delivery.
- A change of core vibe or singer's voice selected at Order.
For changes outside the scope of revisions, please place a new Order.
Commitment Events at the Preview Page
Section X describes the four options available at the Preview Page (approve, request revision, request refund, or take no action). Three of those options are commitment events: approval, revision-form submission, and refund request. Auto-approval (after 30 days of inaction) is also a commitment event. Each commitment event closes the others — they are mutually exclusive.
- Approval path: Click "Download My Song" and complete the approval pop-up. Approval triggers download access.
- Revision path: Submit a revision form to receive a revised version of your Work. Your first two revisions are free as described above.
- Refund path: Request a refund directly through your Preview Page or by contacting support@mylovesong.com. Refund requests are processed under Section XII.
Submitting the revision form is a commitment event. Once you submit your first revision form, you are signaling that you want the Work in a modified form rather than rejecting it entirely. Except where mandatory consumer protection law provides otherwise, the refund window permanently closes when you submit your first revision form (see Section XII). Subsequent revisions do not reopen the refund window.
Approving any version of the Work — whether the original delivery or any revised version — is also a commitment event that closes the refund window. Auto-approval (Section XII) closes the refund window on the same terms as manual approval.
Multi-Work Orders. Where your Order includes more than one Work — for example, both a base song and a Duet Edition, or any additional Works added through post-purchase or post-delivery upsells — the Preview Page options apply independently to each Work. You may approve, request revisions on, or refund each Work on its own timeline. Approving one Work does not approve another, submitting a revision form for one Work does not affect another, and refunding one Work does not affect another. Each Work has its own commitment events and its own refund eligibility window.
This satisfaction guarantee, combined with the Refund and Cancellation Policy in Section XII, describes your complete remedy for dissatisfaction with your Work. Except as required by applicable consumer protection law, you are not entitled to any other remedy.
Download Access on the Preview Page
When a Work is delivered to its Preview Page, you may listen to the song and review the lyrics immediately upon delivery. All downloadable deliverables for that Work — including the studio-quality audio file, Custom Cover Art, any purchased Song Enhancements (Instrumental Version, Lyrics Music Video, Printable Sheet Music), and any other downloadable files included with the Work — remain locked until you approve the Work using the approval action on its Preview Page.
Where your Order includes multiple Works, this download-gate architecture applies independently to each Work. Listening and lyrics review are available for each Work upon delivery; downloadable files for each Work remain locked until that Work is individually approved. Approving one Work does not unlock another Work's downloads.
Approval is a commitment event as described above and closes the refund eligibility window for the corresponding Work per Section XII. Approval is required only to access downloadable files. You retain full rights to request revisions or a refund on any Work before approving it. If you choose not to approve a Work, its downloads remain unavailable, but your refund and revision rights for that Work are not affected by the download gate alone — they remain subject only to the eligibility windows in this Section and Section XII.
XII. Refund and Cancellation Policy
How Refunds Work — Plain-Language Summary
This section explains when you can get your money back. The short version:
- Within 6 hours of placing your Order: Cancel for any reason, full refund.
- Within 12 hours of placing your Order: You can modify Order details (story, recipient, vibe). Full cancellation is no longer available, but you can still adjust.
- After delivery to your Preview Page, before you act on it: You can request a refund any time before you (a) approve the Work, (b) submit a revision form, or (c) let 30 days pass without action. Any of those three is a "commitment event" that closes the refund window.
- If your Work is delivered late: You're entitled to a refund of the base song price (plus tax). You keep the Work and your usage rights. See On-Time Delivery Guarantee in Section VIII.
- If you're not satisfied with your Work: Once per customer (across all your Orders), you can claim the Reaction Satisfaction Guarantee for a full refund. Using this terminates your license to that Work. See Section V.
- In specific situations: Refunds are also available if MLS can't deliver due to technical failure, if a payment dispute pauses your Order, if you exercise the right to erasure during production, if you couldn't access your Preview Page through no fault of your own, if MLS ceases operations, or if a parent reports an unauthorized minor purchase. Each is described in this section or our Privacy Policy.
- Mandatory consumer protection laws prevail: If your jurisdiction's law gives you stronger refund rights than these Terms, that law applies. See Section XXIII.
The detailed rules are below.
Cancellation Window — First 6 Hours
You may cancel your Order for any reason and receive a full refund within 6 hours of Order placement. To cancel, email support@mylovesong.com with your Order number.
After the 6-hour cancellation window, production resources begin to be allocated to your Order. You may still modify certain Order details within the 12-hour modification window (below), but full cancellation for a full refund is no longer available.
Order Modification Window — First 12 Hours
Within 12 hours of Order placement, you may modify certain details of your Order — including story details, recipient name, vibe selection, and Enhancement selections — by emailing support@mylovesong.com with your Order number and the changes you want to make.
After 12 hours, production is in progress and modifications are at MLS's discretion. We will review reasonable late modification requests and accommodate them where production stage allows, but we make no commitment to do so. If a late modification cannot be accommodated, your Order will be produced based on the details you originally submitted.
Refund Eligibility After Delivery — Pre-Action Only
After your Work is delivered to your Preview Page, you are eligible for a refund only before you take action on the Preview Page. "Taking action" means completing the approval pop-up (after clicking "Download My Song") or submitting the revision form (after clicking "Request Revision" and confirming the pop-up). Either action is a commitment event that closes the refund window.
- Before taking action: You may request a refund by using the refund request feature on your Preview Page or by emailing support@mylovesong.com.
- After completing the approval pop-up: Approval triggers download access and is a commitment event. Except where mandatory consumer protection law provides otherwise, the refund window is permanently closed. Subsequent dissatisfaction does not re-open it.
- After submitting the revision form: Submitting a revision request signals that you want the Work in a modified form rather than rejecting it entirely, and is also a commitment event. Except where mandatory consumer protection law provides otherwise, the refund window is permanently closed. Subsequent revisions do not re-open it.
- After auto-approval: If 30 calendar days pass without action (see "30-Day Auto-Approval" below), auto-approval closes the refund window on the same terms as manual approval.
Clicking "Download My Song" without completing the approval pop-up, or clicking "Request Revision" without submitting the revision form, does not count as taking action.
Per-Work Refund Eligibility. Where your Order includes multiple Works, refund eligibility windows operate independently for each Work. The events that close the refund window for one Work — approval of that Work, submission of a revision form for that Work, or expiration of the 30-day auto-approval timer for that Work — do not close the refund windows for other Works in your Order. You may refund one Work while continuing to revise or evaluate another. Each Work tracks its own commitment events and its own refund eligibility independently.
This eligibility framework operates at the individual Order and individual Work level. For MLS's pattern-level rights regarding repeated abuse of refund and guarantee mechanisms across multiple Orders, see "Repeat Abuse Policy" below.
30-Day Auto-Approval
If you do not complete the approval pop-up or submit the revision form within 30 calendar days of first delivery to your Preview Page, your Order is automatically marked as approved. After auto-approval, the refund window is permanently closed on the same terms as manual approval.
The 30-day clock starts when your Work is first delivered to your Preview Page. Each time a new version is delivered (after a revision), a fresh 30-day clock begins for that version.
Which version is auto-approved. Auto-approval always targets the most recently delivered version of the Work. If you have multiple versions on your Preview Page (the original plus one or more revised versions) and the 30-day clock expires without action, the most recent version is automatically approved on your behalf, and the older versions become unavailable for download. This is different from manual approval, where you may select any delivered version (including an older one) using the version selection on your Preview Page. The distinction matters only if you prefer an older version over the most recent one — in that case, complete the approval pop-up on the older version before the 30-day window expires.
Visiting the Preview Page, listening to the Work, or reading the lyrics does not count as action. Only completing the approval pop-up or submitting the revision form counts.
For consumers in the EU, UK, Australia, and other jurisdictions where statutory consumer protection law applies, auto-approval does not extinguish any non-waivable statutory rights you have under the law of your jurisdiction of habitual residence. In particular: (a) the 2-year guarantee of conformity under the EU Digital Content Directive (2019/770) and equivalent UK and Brazilian provisions remains available regardless of auto-approval; (b) Australian Consumer Law statutory consumer guarantees (acceptable quality, fitness for purpose, due care and skill) remain available regardless of auto-approval; and (c) where auto-approval as a term is held unfair under your jurisdiction's unfair-contract-terms regime, the term is non-binding on you and the standard pre-action refund eligibility window remains open until you take an active commitment event (approval, revision-form submission, or refund request).
Technical access failure exception. If you can demonstrate that you were unable to access your Preview Page during the 30-day window through no fault of your own — for example, due to a confirmed technical failure of MLS's systems, non-delivery of the delivery notification email, or other circumstances reasonably outside your control — you may request that the auto-approval be reversed and the refund and revision eligibility window be reopened. Contact support@mylovesong.com with the subject line "Preview Page Access Issue" within a reasonable time after you regain access. MLS will review the circumstances in good faith and, where the failure is verified, reopen your eligibility window. This exception applies in addition to any non-waivable statutory consumer rights you have under your jurisdiction's consumer protection law.
Refund Processing Time
Where you are eligible for a refund under this Section XII or any other refund mechanism in these Terms (including the Reaction Satisfaction Guarantee in Section V and the On-Time Delivery Guarantee in Section VIII), we process the refund within 14 calendar days of receipt of your eligible request. Refunds are issued to the original payment method.
Payment Disputes During Active Orders
If you initiate a dispute with your payment platform (such as a credit card issuer, PayPal, Klarna, or Affirm) regarding an Order while production is in progress or before you take action on your Preview Page, MLS may pause production pending resolution of the dispute. We will notify you by email at the address associated with your Order. While the dispute is pending: (a) the 30-day auto-approval clock and refund eligibility windows are suspended; (b) the displayed delivery deadline is extended by the duration of the suspension; (c) we will resume production and reset deadlines if the dispute is withdrawn or resolved in MLS's favor; (d) if the dispute results in funds being returned to you, your Order is treated as cancelled and any partial Work in progress is not delivered. Initiating a payment-platform dispute does not waive your standard refund and revision rights under this Section XII for any Work later delivered, except that funds already returned to you through the dispute mechanism reduce any further refund you may be eligible for.
Effect of Refund on Work Access
If you receive a refund, your right to use the Work terminates. You agree to delete any copies of the Work in your possession and must not distribute, share, or use the Work after the refund is processed.
Exception for On-Time Delivery Guarantee refunds. The On-Time Delivery Guarantee in Section VIII is the one exception to the rule above. If we deliver your Work late and you claim that refund, you keep the Work and all your usage rights. The on-time refund compensates you for late delivery — it doesn't take the song away.
Production Issues and Non-Delivery
This section addresses scenarios where MLS is ultimately unable to deliver your Work at all (as distinct from late delivery, which is governed by the On-Time Delivery Guarantee in Section VIII). In the rare event of a technical failure, system outage, or production issue that prevents delivery entirely, we will notify you and work in good faith to resolve the issue. If we are ultimately unable to deliver your Work due to such an issue, we will issue a full refund. Most Orders are delivered without incident; this clause is precautionary.
Erasure-Triggered Cancellation
If you exercise the right to erasure (or equivalent right under your jurisdiction's privacy law) for Intake Content related to an Order that is in production but not yet delivered, MLS treats the request as an instruction to cancel the Order. Production is halted, the Intake Content is deleted as described in our Privacy Policy, and a refund is issued. See our Privacy Policy Section XIII for full details on erasure-during-active-Order mechanics including effects on revision rights for already-delivered Works.
Repeat Abuse Policy
MLS reserves the right to refuse to accept future Orders from a customer who has demonstrated abuse of MLS's satisfaction guarantee or refund policies. Abuse means: (a) two or more refund or guarantee invocations across all Orders placed by the customer, where MLS reasonably determines the pattern reflects systematic invocation rather than genuine dissatisfaction; or (b) conduct on a single Order showing bad-faith use of MLS's guarantee — including (i) statements indicating the buyer intended to invoke the refund regardless of the Work's quality, (ii) attempts to circumvent these Terms through multiple accounts, payment methods, or identifying information, or (iii) submission of Intake Content for the apparent purpose of triggering a refund mechanism rather than producing a Work for genuine personal use.
This right operates at the customer-relationship level and does not affect the processing of any individual refund request, which will continue to be honored under the Reaction Satisfaction Guarantee (Section V), the Refund and Cancellation Policy (Section XII), and applicable consumer protection law.
Where MLS applies this policy, MLS will notify the customer by email at the address associated with their Order history. The notice gives awareness of the determination but is not a precondition to MLS's right to refuse future Orders. Where a flagged customer's new Order is processed through automated checkout before MLS can apply this policy, MLS may cancel the Order and issue a full refund; no Work will be produced.
A customer affected by this provision retains all rights under any Order already accepted by MLS at the time of refusal. This provision applies to future Orders placed after the Effective Date of these Terms; MLS may consider Order and communication history from before that date in making the determination, but the right to refuse future Orders applies prospectively only. This provision is separate from the aggregate pattern license in Section XIII.
Nothing in this provision limits MLS's right to dispute chargebacks under MLS's payment processor terms, or to take action against fraudulent transactions, identity misrepresentation, or unauthorized use of payment methods, which are separate from legitimate consumer transactions and are not protected by MLS's satisfaction guarantee.
Jurisdiction-Specific Rights
EU and UK Consumers — Right of Withdrawal. Under the EU Consumer Rights Directive (Article 16(m), 2011/83/EU) and equivalent UK legislation (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Reg. 36), you have a baseline 14-day right of withdrawal for distance contracts for digital content not supplied on a tangible medium. MLS provides all consumers with a 30-calendar-day post-delivery refund window — a longer window in absolute time than the EU/UK statutory 14-day right of withdrawal (which runs from contract conclusion and is automatically lost once performance begins with the consumer's express consent). MLS's 30-day window runs from delivery to the Preview Page and closes when you take a commitment event on the Preview Page (approval, revision-form submission, refund request, or 30 days of inaction triggering auto-approval). For EU and UK consumers specifically, this 30-day post-delivery window operates in addition to your statutory rights under the Consumer Rights Directive and UK Consumer Contracts Regulations; where mandatory consumer protection law provides a stronger remedy, that mandatory law prevails (see Section XXIII). The right of withdrawal does not apply once performance has begun, provided you have given prior express consent to performance during the withdrawal period and have acknowledged that you will lose the right of withdrawal once performance begins. By placing an Order and agreeing to these Terms, you expressly request that we begin performance of the Service (production of your Work) during the withdrawal period and acknowledge that you will lose your right of withdrawal once performance has begun. If you have not yet received your Work and production has not yet begun, you may withdraw for a full refund; once production has begun, the Refund Policy above applies.
Brazilian Consumers — 7-Day Withdrawal. Under the Brazilian Consumer Defense Code, you have a 7-day right of withdrawal for online purchases. The same express-consent-to-immediate-performance clause above applies.
Australian Consumers — Consumer Guarantees. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. If our Service fails to meet a consumer guarantee, you are entitled to remedies as provided under the ACL, which apply in addition to (and are not limited by) the Refund Policy above.
California, New York, and Other US State Consumers. Nothing in this Refund Policy limits any non-waivable rights you may have under applicable US state consumer protection law.
XIII. Intellectual Property Rights
Ownership of the Works
MLS owns or holds the rights necessary to grant you the licenses described in this Section XIII in all Works produced through the Service, including songs, lyrics, musical compositions, audio recordings, artwork, and any other content we produce and deliver to you. To the extent applicable law recognizes copyright in any Work, that copyright is held by MLS or licensed to MLS through MLS Studio's underlying production technology providers, who in turn authorize MLS to license the Work to you on the terms described below. MLS makes no representation that any specific Work qualifies for copyright protection in any jurisdiction (see "Nature of the Work and Copyright" below).
Nature of the Work and Copyright
You acknowledge that the Works are produced using a proprietary production system — MLS Studio — which combines songwriting craft tradition (drawing on sources like Jimmy Webb's Tunesmith and Pat Pattison's Berklee songwriting pedagogy), music psychology research, and the production technology described in Section V.
The copyrightability of works produced through automated production processes is an evolving area of law that varies by jurisdiction. Regardless of how copyright law may apply to the Works in your jurisdiction, your rights and obligations under these Terms — including the license granted below — are contractual and binding whether or not the Works qualify for copyright protection under applicable law.
License to You — Personal Use Only (Default)
Upon full payment and approval of your Work, MLS grants you a perpetual, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable license to use the Work for personal, non-commercial purposes only.
What this means in plain language: Once you approve your Work and your payment has cleared, you have the right to keep and use your Work forever, anywhere in the world, without paying us anything more. You cannot sell the Work, give the rights to someone else, or use it for business purposes (advertising, paid promotion, monetized social channels) without buying a Commercial Rights License — see below. You can listen to it, share it with the recipient, and play it at private personal events.
Personal use includes:
- Listening to your song privately or with family and friends.
- Sharing your song with the named recipient.
- Playing your song at a private personal event (such as a wedding, anniversary, or proposal).
- Sharing clips on your personal social media accounts, as long as you do not monetize the content and are not a professional content creator.
Personal use does not include:
- Commercial use of any kind, including use in advertising, marketing, or paid promotion.
- Distribution, sale, or licensing of the Work to others.
- Use on monetized social media channels (such as ad-enabled YouTube channels or paid TikTok partnerships).
- Use in any for-profit production (films, television, podcasts, or other monetized media).
- Synchronization with other content for commercial purposes.
- Use of the Work as a performing artist's original composition.
Commercial Rights License (Available Post-Approval)
If you wish to use your Work for commercial purposes, a Commercial Rights License is available for purchase on your Download Page after you approve your Work. The Commercial Rights License is sold separately and grants additional usage rights as specified in the license agreement presented at purchase.
Unless you have purchased the Commercial Rights License, all commercial use of the Work is prohibited.
Copyright Registration
We do not register your Work with the US Copyright Office or any other copyright registry on your behalf. The license we grant gives you the contractual right to use your Work as described in this Agreement. If you wish to register any rights you may have for additional legal protections (such as US Copyright Office registration, which is optional and separate from the license), you are responsible for that process and any associated registration fees. Most personal-use buyers never need to do this; the license alone covers personal use fully.
Trademarks
"myLoveSong," "MLS," "MLS Studio," and "The Hidden Thread" are trademarks or common-law trademarks of MLS. Nothing in these Terms grants you any right to use our trademarks without our prior written consent.
XIV. User-Submitted Content License to MLS
License for Producing Your Work
When you submit details through the order form, you grant MLS a worldwide, royalty-free, non-exclusive license to use, process, analyze, modify, adapt, reproduce, and create derivative works from the details you submit for the purpose of producing, delivering, and (if requested) revising your Work through MLS Studio.
License for System Improvement (Aggregate Patterns Only)
Your individual stories stay yours. You additionally grant MLS a worldwide, royalty-free, non-exclusive, perpetual license (subject to your objection right described below) to review aggregate patterns across many Orders — such as overall approval rates, the kinds of reasons revisions tend to be requested, and similar structural signals — to continue refining MLS Studio over time. This license is limited to pattern-level analysis across many Orders and does not include:
- Publication of your individual story.
- Sale, sharing, or licensing of the details you submit to any third party.
- Use of the details you submit to train any external or public generative model.
The specific details of your story are not training data for any generative model outside our own production system. We use your individual stories solely to produce and deliver your Order; patterns across many Orders are what help us continue improving the quality of what we deliver to future buyers.
You may object to MLS's aggregate-pattern analysis at any time by contacting privacy@mylovesong.com. Upon objection, MLS will exclude your future Orders from aggregate analysis. See our Privacy Policy Section VI for the full description of how this analysis works and the legal basis for it under applicable privacy law.
Warranty Regarding Intake Content. When you submit Intake Content (your story details, lyrics, references, audio, images, or other materials you provide to inform production of your Work), you represent and warrant that (a) the Intake Content is your own original material or material you have the right to submit, (b) the Intake Content does not contain, copy, or substantially incorporate any third-party copyrighted material — including but not limited to song lyrics, poems, prose, recorded audio, photographs, artwork, or other works — that you do not own or have a license to submit, (c) the Intake Content does not infringe any trademark, trade dress, publicity right, voice right, or other intellectual property right of any third party, and (d) any references to recognizable third-party works (for example, "in the style of [artist]" or "the feeling of [song]") are submitted solely as stylistic descriptions and are not requests for MLS to reproduce, copy, or substantially imitate any specific copyrighted work.
You acknowledge that MLS's production process is designed to produce original Works inspired by your story, not to reproduce existing copyrighted works. MLS may decline to produce, may modify, or may discontinue production of any Order whose Intake Content MLS believes in good faith may result in a Work that infringes third-party intellectual property — and exercising this right does not constitute a breach of any agreement between MLS and you, although where production is discontinued for this reason MLS will refund the Order in accordance with Section XII.
You agree to indemnify and hold harmless MLS from any claim, demand, takedown notice, lawsuit, or legal action brought by any third party arising from Intake Content you submitted, on the same terms as the indemnification in Section XXI.
Third-Party Service Providers
Producing your Work requires us to transmit the details you submit to third-party service providers that operate components of MLS Studio's production pipeline. We contractually require these providers to process the details you submit solely to produce your Work, to maintain appropriate safeguards, and to handle your information consistent with our Privacy Policy. Your stories are not used to train their public generative models.
User-Submitted Reaction Content
If you share with us a reaction video, testimonial, photo, or other content showing the recipient's reaction to your Work — whether through a review, a direct message, a social media post tagging us, our reaction-video reward program, or any other channel of communication with our brand — you grant MLS a worldwide, royalty-free, non-exclusive, perpetual license to use, display, reproduce, distribute, and modify that content for marketing, advertising, social media, and brand-storytelling purposes across all media now known or later developed.
Warranty Regarding Individuals Captured in the Content. When you submit reaction content under this subsection, you represent and warrant that (a) you have obtained any consent required under applicable law from any individual whose voice, image, or likeness is captured in the content — most commonly the recipient of your Work — to MLS's use of the content for the purposes described above, and (b) the content does not violate the privacy rights, publicity rights, voice rights (including under the Tennessee Ensuring Likeness, Voice, and Image Security Act), or any other legal rights of any individual captured in it.
Warranty Regarding Third-Party Intellectual Property in the Content. When you submit reaction content under this subsection, you additionally represent and warrant that the content does not contain, incorporate, display, or reproduce any third-party copyrighted material, trademark, trade dress, or other intellectual property that you do not own or have the right to use, including but not limited to:
- (a) Music, sound recordings, or audio other than the Work delivered to you by MLS — for example, background music from television, radio, streaming services, or other audio sources audible during recording.
- (b) Television programs, films, video clips, or other audiovisual content visible or audible in the recording environment.
- (c) Album covers, posters, photographs, artwork, books, or other visual works visible in the recording environment.
- (d) Brand logos, product packaging, signage, or other trademarked indicia visible in the recording environment.
- (e) Lyrics, poems, or other written works visible or audible in the content.
- (f) Voices, images, or likenesses of public figures, celebrities, fictional characters, or other identifiable third parties not present and consenting in the recording.
You are solely responsible for ensuring that any reaction content you submit is free of third-party intellectual property that you do not have the right to include. You are encouraged to record reaction content in a controlled environment — with no music other than your MLS Work playing, with televisions and other audio sources turned off, and without copyrighted artwork or branded items in the camera frame.
MLS Pre-Display Review Right. MLS may, but is not obligated to, review reaction content prior to public display and may decline to display, request modification of, or remove from display any reaction content that MLS believes in good faith may contain third-party intellectual property, may violate any law, or may otherwise expose MLS to legal claims. MLS's exercise or non-exercise of this review right does not transfer responsibility for the content from you to MLS, and does not limit your warranties or indemnification obligations under this Section.
Removal Without Breach. If MLS receives any complaint, takedown notice, demand, or claim from any third party regarding reaction content you submitted — whether through the Digital Millennium Copyright Act notice procedure described in Section XV, through a platform on which the content is displayed, through direct communication, or through any other means — MLS may immediately remove, hide, disable, or take down the content from public display without prior notice to you, and such removal does not constitute a breach of any agreement between MLS and you, does not entitle you to any refund of any reward issued under the Reaction-Video Reward Program, and does not waive any rights or defenses MLS may have.
Cooperation. You agree to cooperate fully and promptly with any reasonable request from MLS related to a third-party complaint or claim about reaction content you submitted, including providing MLS with documentation of your ownership or authorization for the content, providing sworn statements supporting MLS's defense or counter-notice, and refraining from publicly disputing or undermining MLS's response to the claim while it is being adjudicated.
Indemnification for Reaction Content. You agree to indemnify and hold harmless MLS, its officers, employees, and agents from any claim, demand, takedown notice, lawsuit, or legal action brought by any third party — including any individual captured in the content, any copyright owner, any trademark owner, any rightsholder, or any other party — arising from your submission of the content or your breach of any warranty in this Section, on the same terms as the indemnification in Section XXI.
You may withdraw this license for future uses at any time by contacting privacy@mylovesong.com; uses already in market at the time of withdrawal may continue.
Customer Reviews and Testimonials
When you submit a customer review, rating, testimonial, or similar evaluation about your Work or your experience with the Service — whether through our product pages, our review platform (Judge.me or any successor review system), email, or any other channel through which we collect reviews — you grant MLS a worldwide, royalty-free, non-exclusive, perpetual license to use, display, reproduce, distribute, and modify your review for marketing, advertising, social media, brand-storytelling, and similar purposes across all media now known or later developed. The same warranties and indemnification framework applicable to reaction content above (regarding individuals captured, third-party intellectual property, and your representations of authorship) apply to customer reviews you submit.
Pre-Display Review and Moderation. All customer reviews submitted to MLS are subject to operator review before public display. MLS reserves the right, at its sole discretion and without obligation, to:
- (a) Decline to publicly display any review that, in MLS's good-faith judgment, contains hateful, defamatory, harassing, threatening, obscene, sexually explicit, discriminatory, or otherwise inappropriate content.
- (b) Decline to publicly display any review that contains personally identifying information about third parties (other than the reviewer's own information voluntarily included), confidential information, or content that may infringe the rights of any third party.
- (c) Decline to publicly display any review that, in MLS's good-faith judgment, is fraudulent, fake, automated, submitted in bad faith, or not based on a genuine experience with the Service.
- (d) Decline to publicly display any review that contains links, promotional content, spam, or content unrelated to the reviewer's experience with the Service.
- (e) Edit a review for length, formatting, typographical errors, or to redact personally identifying information about third parties, while preserving the substantive content and rating of the review.
- (f) Remove from public display any previously published review at any time, in MLS's sole discretion.
No Suppression of Negative Reviews. Consistent with the FTC Trade Regulation Rule on Consumer Reviews and Testimonials (16 CFR Part 465), MLS does not suppress, edit, or decline to display reviews based solely on the rating given or because the review is critical or unfavorable. Reviews are screened only for the categories listed in (a) through (f) above. Critical, negative, or unfavorable reviews that meet those substantive standards are displayed alongside positive reviews. MLS does not condition any incentive, refund, discount, or service on the content or rating of a review.
Display of Reviews. When MLS publicly displays customer reviews — including the reviewer's name (or chosen display name), location (if voluntarily provided), and review content — that display constitutes the public face of the review. By submitting a review, you consent to such display, including the display of any name, location, photograph, or other identifying information you voluntarily included with your submission.
Removal of Your Own Review. If you wish to have your own review removed from public display after publication, contact privacy@mylovesong.com. MLS will remove the review from public display within a reasonable time after receipt of a verified request from the original reviewer.
Reaction-Video Reward Program
We currently offer a reward (in-store credit applied at your next checkout) to buyers who submit qualifying reaction videos. Reward eligibility is at our discretion: we may decline to issue the reward if the submission is not a genuine reaction video — for example, if the content is unrelated to your Work, contains no reaction, or appears to be submitted in bad faith. The current reward amount is displayed on our website and may be adjusted from time to time.
MLS complies with applicable FTC Endorsement Guides (16 CFR Part 255) and the Trade Regulation Rule on Consumer Reviews and Testimonials (16 CFR Part 465) regarding material connection disclosure where reaction videos are publicly displayed as endorsements.
XV. Copyright and DMCA Notice and Takedown Policy
Designated Agent
myLoveSong respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). Our designated agent for receiving notifications of claimed copyright infringement is:
- Name: Copyright Manager, MLS Studio, LLC
- Email: legal@mylovesong.com (subject line: "DMCA Notice")
- Phone: (786) 777-9487
- Mailing Address: 1791 Blount Rd, Ste 810, Pompano Beach, FL 33069
- U.S. Copyright Office Registration Number: DMCA-1072182
Our Designated Copyright Agent is registered with the U.S. Copyright Office as required by 17 U.S.C. § 512(c)(2).
Submitting a DMCA Notice
If you believe content available through the Service infringes your copyright (including content that may appear in user-submitted reaction videos or other user-generated content reposted by MLS), you may submit a written notice to our designated agent containing the following information required by 17 U.S.C. § 512(c)(3):
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing, with sufficient detail to enable us to locate it.
- Your contact information (address, telephone number, and email).
- A statement that you have a good-faith belief that the use of the material is not authorized.
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
MLS Response to DMCA Notices
Upon receipt of a DMCA notice that MLS in good faith believes is complete and valid, MLS will act expeditiously to remove or disable access to the material claimed to be infringing, in accordance with 17 U.S.C. § 512(c). MLS reserves the right, in its sole discretion, to (a) decline to act on a notice that MLS believes in good faith is incomplete, materially inaccurate, submitted in bad faith, or otherwise abusive; (b) require additional information from the submitting party before acting; (c) disable access to material on a temporary basis pending further review; and (d) restore access to material if a counter-notification is received and the original complainant does not commence legal action within the period provided by 17 U.S.C. § 512(g).
MLS's response to a DMCA notice does not constitute an admission of infringement, does not waive any defense MLS or any of its users may have to the claim, and does not transfer responsibility for the underlying material from the user who submitted it to MLS.
Counter-Notification
If you believe content you submitted was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent containing the information required by 17 U.S.C. § 512(g)(3), including:
- Your physical or electronic signature.
- Identification of the material that has been removed and the location at which it appeared before removal.
- A statement, under penalty of perjury, that you have a good-faith belief that the material was removed as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if outside the United States, the federal district court for the District of Delaware, and that you will accept service of process from the original complainant.
Reaction Videos and Other Buyer-Submitted Content
When MLS receives a DMCA notice or any other intellectual property complaint regarding reaction content, testimonials, or other content submitted by a buyer under Section XIV, MLS may, in its discretion and in addition to any other right MLS has under these Terms:
- Immediately remove, hide, disable, or take down the content from public display, in accordance with the Removal Without Breach provision in Section XIV.
- Notify the submitting buyer of the complaint and request the buyer's cooperation in MLS's response, in accordance with the Cooperation provision in Section XIV.
- Submit a counter-notification on its own behalf where MLS has a good-faith belief that the content was removed by mistake or misidentification, including counter-notifications based on documentation provided by the submitting buyer.
- Decline to submit a counter-notification, in which case the submitting buyer remains free to pursue the matter directly with the complainant.
- Pursue any rights MLS has against the submitting buyer under Section XIV, including indemnification for costs incurred in responding to the complaint.
The buyer's warranties and indemnification obligations under Section XIV apply fully to any third-party intellectual property claim arising from buyer-submitted content, regardless of whether MLS removes the content, submits a counter-notification, or takes any other action.
Repeat Infringer Policy
It is MLS's policy to terminate, in appropriate circumstances and at MLS's discretion, the access of users who are determined to be repeat copyright infringers, in accordance with 17 U.S.C. § 512(i). For purposes of this policy:
- A "repeat infringer" is a user against whom MLS has received multiple DMCA notices that MLS in good faith believes to be valid, where the user has not successfully counter-notified those notices and the underlying content has not been restored.
- MLS may also terminate a single user's access for any single instance of willful or egregious infringement, as determined by MLS in good faith.
- Termination under this Repeat Infringer Policy may include termination of the user's account, refusal of future Orders under Section XII (Repeat Abuse Policy), removal of all submitted content, and any other remedy available under these Terms.
False or Bad-Faith Notices and Counter-Notices — § 512(f) Reservation
Knowingly submitting a materially false DMCA notice or counter-notification is unlawful under 17 U.S.C. § 512(f) and may subject the submitting party to liability for damages, including costs and attorneys' fees. MLS expressly reserves all rights and remedies available to it under 17 U.S.C. § 512(f) and any other applicable law against any person or entity that submits a notice or counter-notification to MLS in bad faith, including but not limited to notices submitted for anti-competitive purposes, harassment, or material misrepresentation of ownership or infringement.
MLS may pursue these remedies directly or in coordination with affected users, third-party platforms, and other harmed parties. Repeated submission of DMCA notices or counter-notifications that MLS in good faith determines to be abusive may result in MLS reporting the submitting party to relevant platforms (including Shopify and other service providers MLS uses), to law enforcement, to bar associations (where the submitting party is represented by counsel), and to other appropriate authorities.
No Waiver of Defenses
MLS's compliance with the procedures in this Section XV — including removal of content upon receipt of a DMCA notice, restoration of content upon counter-notification, or any other action taken under 17 U.S.C. § 512 — does not constitute an admission, concession, or waiver by MLS of any defense, right, or argument that MLS or any of its users may have regarding the underlying claim, including but not limited to fair use, license, authorization, lack of substantial similarity, lack of access, or any other defense to copyright infringement.
XVI. Third-Party Information Warranty (Recipient Data)
When you submit details through the order form, you likely include information about another person — most commonly the recipient of your Work (your partner, family member, friend, or other loved one). You represent and warrant that:
- You have the right to share this information with us for the purpose of producing your Order.
- You have obtained any consent required under applicable law to share information about third parties.
- The information you share does not violate the privacy rights, publicity rights, voice rights, or likeness rights (including under state laws such as the Tennessee ELVIS Act, Cal. Civ. Code § 3344, N.Y. Civil Rights Law §§ 50-51, and equivalent laws of other jurisdictions), or any other legal rights of the individual(s) described.
- You have the right to authorize the use of any individual's name, voice, likeness, or identifying details in the production of the Work, and you have obtained any consent required by applicable right-of-publicity, voice rights, or anti-deepfake law for that use.
- The information is truthful and accurate to the best of your knowledge.
You agree to indemnify and hold harmless MLS, its officers, employees, and agents from any claim, demand, or legal action brought by any third party (including the recipient of your Work) arising from details you submitted, to the extent such claim is based on your misrepresentation or breach of this warranty.
Third-Party Complaints About Delivered Works
If a third party — most commonly the recipient of a Work or another individual identified in or implicated by a Work — believes that a delivered Work uses their name, voice, image, likeness, or other identifying information without legally required consent, that individual may contact MLS at legal@mylovesong.com with the subject line "Work Complaint" and a description of the concern. MLS will review the complaint in good faith. Where MLS determines that a Work was produced in violation of this Section XVI's warranty or Section XVII's Prohibited Uses, remedies may include: (a) ceasing MLS's own use or display of the Work in any marketing or brand-storytelling context; (b) suspending or terminating the buyer's license to the Work under Section XIII; (c) issuing notices to the buyer under the indemnification provisions in Section XXI. The buyer's representations and warranties under Sections XVI and XIV remain in effect; nothing in this subsection shifts to MLS the buyer's primary responsibility for ensuring the lawfulness of the details submitted.
XVII. Prohibited Uses
You agree not to use the Service to produce Works, submit details, or otherwise engage in any activity that violates these Terms or any applicable law, including without limitation any activity that:
- Is illegal under applicable law or facilitates illegal activity.
- Contains sexually explicit content, content depicting minors in any sexual context, or child sexual abuse material.
- Contains hate speech, incitement to violence, or targeted harassment of any individual or group.
- Infringes on the intellectual property rights of any third party.
- Impersonates any person or falsely claims any affiliation.
- Contains malicious code, viruses, or other harmful programming.
- Is designed to harass, threaten, intimidate, or defame any individual, including the recipient of the Work.
- Violates the privacy, publicity, or other legal rights of any third party.
- Is designed or reasonably foreseeable to manipulate or coerce any individual into harmful action.
- Creates content about non-consenting public figures or celebrities (including songs, lyrics, or voice content depicting an identifiable public figure without their explicit consent), except for clearly factual, satirical, parodic, or critical uses protected under applicable law.
- Produces sound-alike vocals or voice impressions of an identifiable real person (whether a public figure or a private individual) without that person's verifiable consent.
- Evades, attempts to evade, or facilitates evasion of intellectual property restrictions on existing songs, recordings, or musical compositions — including by directing the Service to produce a Work substantially similar to a specific protected work.
- Posts incentivized reviews without disclosing the incentive, posts insider reviews without disclosing the relationship to MLS, submits any review or testimonial that has been generated, in whole or in material part, by artificial intelligence, or otherwise violates the FTC Endorsement Guides (16 CFR Part 255) or the FTC Trade Regulation Rule on Consumer Reviews and Testimonials (16 CFR Part 465).
- Circumvents, interferes with, or attempts to disrupt the Service or its underlying systems.
We reserve the right to refuse or cancel any Order that we determine, in our sole discretion, violates these Prohibited Uses or these Terms more broadly. In such cases, we will issue a full refund.
In addition, MLS reserves the right to decline or cancel any Order for any reason or no reason, in our sole discretion, with full refund — including under the Repeat Abuse Policy in Section XII. This is a precautionary right that exists to protect MLS, our team, our service quality, and the broader buyer community from edge cases that fall outside our intended scope. We don't exercise this right arbitrarily — most Orders proceed without any review at all — but it gives us the flexibility to decline gracefully when something doesn't fit, without forcing us to fit every edge case into a specific prohibited-use category.
XVIII. Service Availability
We strive to keep the Service available at all times, but we do not guarantee uninterrupted availability. The Service may be unavailable from time to time for maintenance, upgrades, technical issues, third-party service outages, or other reasons.
We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you for any modification, suspension, or discontinuation of the Service, except to the extent required by applicable consumer protection law.
Cessation of Operations
If MLS ceases operations entirely — whether due to bankruptcy, business closure, sale of assets, or any other reason — MLS will use commercially reasonable efforts to: (a) complete production and deliver any Order for which production was substantially complete at the time of cessation; (b) refund pre-paid amounts for any undelivered Order to the original payment method, except to the extent prohibited by applicable insolvency law; and (c) provide reasonable notice to customers via the email addresses associated with their most recent Orders. The foregoing applies in addition to any non-waivable rights you have under the consumer protection or insolvency law of your jurisdiction of habitual residence.
XIX. Disclaimers and Warranties
"AS-IS" Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL WORKS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
MLS SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
State-Law Limitations on Warranty Disclaimers
Some US states do not allow the exclusion of certain implied warranties or limitations on certain types of damages. In those states, the disclaimers and limitations in this Section XIX apply only to the maximum extent permitted by applicable state law, and any non-waivable consumer warranty rights you have under your state's consumer protection law remain in full force.
No Guarantee of Specific Outcomes
Subject to the express guarantees provided in these Terms — including the Reaction Satisfaction Guarantee in Section V (refund-bounded remedy for subjective dissatisfaction) and the On-Time Delivery Guarantee in Section VIII (refund-bounded remedy for late delivery) — MLS DOES NOT WARRANT OR GUARANTEE THAT:
- THE WORK WILL MEET YOUR SUBJECTIVE EXPECTATIONS.
- THE RECIPIENT OF YOUR WORK WILL HAVE ANY SPECIFIC EMOTIONAL OR OTHER REACTION.
- THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Statutory Consumer Rights Preserved
Nothing in this Section XIX excludes or limits any non-waivable rights or remedies you may have under the consumer protection laws of your jurisdiction, including without limitation:
- The Australian Consumer Law (statutory consumer guarantees under Schedule 2 of the Competition and Consumer Act 2010), including the guarantees that services be rendered with due care and skill (s 60), that services be reasonably fit for any particular purpose made known to us (s 61), and that any digital content supplied is of acceptable quality (s 54 as applied to digital content).
- The EU Consumer Rights Directive and the Digital Content Directive. Under the EU Digital Content Directive (2019/770), digital content supplied to EU consumers comes with a statutory guarantee of conformity for a minimum of two years from delivery. Where the Work fails to conform, you are entitled to remedies including bringing the Work into conformity, a price reduction, or termination of the contract, in accordance with Articles 13–14 of the Digital Content Directive and your national implementation thereof.
- The UK Consumer Rights Act 2015 (including the statutory quality standards for digital content).
- The Brazilian Consumer Defense Code (Lei nº 8.078/1990).
- The Mexican Federal Consumer Protection Law (Ley Federal de Protección al Consumidor).
- The consumer protection laws of Colombia, Argentina, Chile, and any other jurisdiction in which you are habitually resident.
- The California Consumers Legal Remedies Act, the Song-Beverly Consumer Warranty Act, and any other applicable US state consumer protection law.
Where these Terms conflict with the mandatory consumer protection laws of your country or region of habitual residence, the mandatory laws of your jurisdiction prevail.
XX. Limitation of Liability
What this section means in plain language: If something goes wrong and you have a legitimate claim against us, the most we can be required to pay you is the greater of (a) what you paid us in the 12 months before the problem happened, or (b) $50. Some kinds of damages — lost profits, lost data, indirect harm — are excluded entirely. This cap doesn't apply if the problem involves fraud, gross negligence, willful misconduct, death, personal injury, or non-waivable consumer rights under your jurisdiction's law.
Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MLS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOST OPPORTUNITIES, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall our total liability to you for all claims arising from or related to the Service exceed the amount you paid to MLS in the twelve (12) months preceding the event giving rise to the claim, or fifty US dollars ($50), whichever is greater.
Statutory Exceptions
The limitations above do not apply to the extent such limitation is prohibited by the mandatory consumer protection laws of your jurisdiction, including limitations on liability for fraud, gross negligence, willful misconduct, death, personal injury, or violations of statutory consumer rights.
XXI. Indemnification
What this section means in plain language: If you do something wrong using the Service — break these Terms, violate the law, share information about a third party without their consent — and someone sues us because of it, you agree to defend us against the lawsuit and cover our costs (lawyers, settlements, judgments) related to your wrongdoing. This applies only to lawsuits that arise from your wrongful conduct, not to ordinary use of the Service. EU/UK consumers' indemnification obligations are limited as described below.
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless MLS, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- (a) Your use of the Service.
- (b) Your violation of these Terms.
- (c) Your violation of any applicable law or third-party right.
- (d) Any details you submit to the Service that are unlawful, infringing, or in breach of these Terms — including personal stories and information about third parties shared without authority or consent required under applicable law.
- (e) Any misrepresentation by you that you have the right to share information about individuals mentioned in your Order.
- (f) Any commercial use of a Work without a Commercial Rights License.
- (g) Any third-party intellectual property claim — including but not limited to copyright, trademark, trade dress, publicity right, and voice right claims — arising from any reaction video, testimonial, photo, or other content you submit to MLS under Section XIV, including claims based on third-party copyrighted material captured in the recording (background music, television or film content, copyrighted artwork, brand logos, or any other third-party intellectual property) or based on the absence of required consent from individuals captured in the content.
- (h) Any third-party intellectual property claim arising from Intake Content you submit to MLS, including claims based on copyrighted lyrics, prose, audio, photographs, artwork, or other materials submitted as part of your Order in breach of the warranty in Section XIV.
MLS may assume the exclusive defense and control of any matter subject to indemnification by you. If MLS does so, MLS will (a) provide you with reasonable notice of the claim before assuming control; (b) consult with you in good faith on material decisions affecting the indemnified matter, including any proposed settlement that requires payment from you; and (c) not settle any claim that imposes any non-monetary obligation on you, or any monetary obligation that you are required to indemnify, without your prior written consent (which you will not unreasonably withhold). You agree to cooperate with MLS's defense.
EU and UK Consumer Carve-Out
Where you are an EU or UK consumer, the indemnification obligations in this Section XXI apply only to the extent your conduct constitutes a breach of these Terms or a violation of applicable law, and only to the extent indemnification is enforceable against a consumer under the unfair-contract-terms regime of your jurisdiction.
XXII. Dispute Resolution and Binding Arbitration
Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court.
What this section does, in plain language:
- If you have a complaint, contact us first at legal@mylovesong.com — we have 90 days to try to work it out informally before either of us files anything formal.
- If informal resolution fails, US users agree to settle most disputes through binding arbitration with the American Arbitration Association rather than in court. Arbitration is generally faster and less expensive than court for individual claims.
- US users waive the right to participate in class action lawsuits or class arbitrations. You can still bring an individual claim.
- You have 30 days from your first Order to opt out of arbitration entirely if you want to. Send us written notice — see "30-Day Opt-Out" below.
- Some types of claims are not subject to arbitration: small claims court, intellectual property disputes, and certain California public-injunctive-relief claims.
- Consumers outside the US (EU, UK, Australia, Brazil, and others) keep their access to local courts and consumer-protection bodies — see "International Users" below.
The detailed rules are below.
Informal Resolution First
Before filing any formal legal claim, you agree to first contact us at legal@mylovesong.com with a written description of your claim and your desired resolution. We will attempt to resolve your claim informally within 90 days of receiving your notice. If we cannot resolve it informally within that period, either party may initiate formal proceedings as described below. We've found that most issues can be resolved through a calm conversation; the 90-day window gives both sides space to actually work things out.
Binding Arbitration (US Users)
If you are a resident of the United States and we cannot resolve a dispute informally, you and MLS agree to resolve any dispute, claim, or controversy arising from or related to the Service or these Terms through binding individual arbitration rather than in court, except as otherwise specified in this Section.
- Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and, where applicable, the AAA Mass Arbitration Supplementary Rules (effective January 15, 2024) as in effect at the time the demand is filed. The Mass Arbitration Supplementary Rules govern any situation in which 25 or more substantially similar arbitration demands are filed against MLS within a 90-day period.
- Arbitration will be held in the county of your residence, by telephone, by video, or by written submission, at your election.
- Each party will bear its own costs except as provided under the AAA Consumer Arbitration Rules.
Class Action Waiver (US Users)
YOU AND MLS AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND MLS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Severability of Class Action Waiver. If the Class Action Waiver is held unenforceable as to any claim, that specific claim shall be severed from any arbitration and shall proceed in a court of competent jurisdiction (not in class arbitration), while all other claims subject to this Section XXII shall remain in individual binding arbitration. The unenforceability of the Class Action Waiver as to one claim shall not invalidate the arbitration agreement as to other claims.
California Public Injunctive Relief — McGill Carve-Out
Notwithstanding the class action waiver above, California consumers retain the right to seek public injunctive relief in any forum, including a court of competent jurisdiction. This carve-out is required by McGill v. Citibank, N.A., 393 P.3d 85 (Cal. 2017), which held that contractual waiver of the right to seek public injunctive relief in California is contrary to California public policy and unenforceable. Nothing in this Section XXII limits any right a California consumer may have to seek public injunctive relief. If a court of competent jurisdiction determines that this carve-out is invalid or unenforceable, that determination shall not affect the validity or enforceability of the remainder of this Section XXII except that any claim for public injunctive relief shall be heard in court rather than in arbitration.
30-Day Opt-Out
You may opt out of this arbitration agreement and class action waiver by sending written notice to legal@mylovesong.com within 30 days of your first Order with MLS. Your notice must include your full name, email address, Order number, and a clear statement that you are opting out. Opting out will not affect any other provision of these Terms.
Exceptions — Small Claims and Injunctive Relief
This arbitration agreement does not apply to:
- Claims brought in small claims court, provided the claim remains in that court and is brought on an individual basis.
- Claims for injunctive or other equitable relief related to intellectual property infringement, unauthorized access to the Service, or violations of Section XVII (Prohibited Uses).
International Users — Mandatory Consumer Forums Preserved
Nothing in this Section XXII prevents consumers resident in the EU, UK, Australia, Brazil, Mexico, Colombia, Argentina, Chile, or any other jurisdiction where mandatory consumer forums apply from bringing proceedings in the forums required by those jurisdictions' mandatory consumer protection laws. Where your jurisdiction requires access to a specific court or consumer-protection body, that requirement prevails over this Section.
EU/UK Out-of-Court Dispute Resolution
EU consumers may access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr (note: MLS, as a US-established trader, is not required to be registered on the ODR platform but supports good-faith use of any out-of-court redress mechanism available to you under the consumer law of your Member State). UK consumers may access the UK ADR services listed by the Chartered Trading Standards Institute at https://www.tradingstandards.uk/.
XXIII. International Users / Consumer Rights Preservation
The Service is operated from the United States and is available globally. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with your local laws.
Mandatory Consumer Rights
Where these Terms conflict with the mandatory consumer protection laws of your country or region of habitual residence, the mandatory laws of your jurisdiction prevail. This includes, without limitation:
- European Union: Consumer Rights Directive (2011/83/EU), Digital Content Directive (2019/770), Unfair Commercial Practices Directive (2005/29/EC), and equivalent national implementations.
- United Kingdom: Consumer Rights Act 2015, Digital Markets Competition and Consumers Act 2024 (DMCC), and Consumer Protection from Unfair Trading Regulations 2008.
- Australia: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010).
- Brazil: Consumer Defense Code (Lei nº 8.078/1990) and the LGPD (Lei nº 13.709/2018).
- Mexico: Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) and LFPDPPP.
- Colombia: Consumer Protection Statute (Ley 1480 de 2011) and Ley 1581/2012.
- Argentina: Consumer Protection Law (Ley 24.240) and Personal Data Protection Law (Ley 25.326).
- Chile: Consumer Protection Law (Ley 19.496) and Ley 19.628.
- Canada: Federal and provincial consumer protection legislation, including the Competition Act.
- Switzerland: Swiss Consumer Information Act and Federal Act on Data Protection (FADP).
- Japan: Act on the Protection of Personal Information (APPI).
- South Korea: Personal Information Protection Act (PIPA).
- India: Digital Personal Data Protection Act 2023 (DPDPA).
We do not attempt to contract around or override any non-waivable statutory consumer right. If a specific provision of these Terms is unenforceable in your jurisdiction due to a mandatory consumer right, that provision will be deemed modified to the minimum extent necessary to comply with the mandatory law, and the rest of these Terms will remain in full force.
XXIV. Force Majeure
MLS will not be liable for any delay or failure to perform under these Terms caused by circumstances beyond our reasonable control, including without limitation:
- Natural disasters, fires, floods, earthquakes, or other acts of God.
- Wars, terrorism, civil unrest, or military actions.
- Government actions, laws, regulations, or court orders.
- Pandemics, epidemics, or public health emergencies.
- Internet, telecommunications, or utility outages.
- Failure of third-party services that MLS Studio relies on, including production technology providers, payment processors, or hosting infrastructure.
- Labor disputes, strikes, or other labor disruptions.
- Cyberattacks, hacking, or other malicious technical interference.
If a force majeure event causes a material delay in delivery of your Order, we will notify you and work in good faith to complete your Order when conditions permit. If we cannot complete your Order due to a force majeure event, or if a force majeure event causes a delay of more than 60 calendar days from the displayed delivery deadline, you may elect either (a) to wait for production to resume on revised timing or (b) to receive a full refund. If we cannot complete your Order at all due to a force majeure event, we will issue a full refund without requiring you to elect.
XXV. Termination
By You
You may stop using the Service at any time. If you have an active Order that has not yet been delivered, your ability to cancel and receive a refund is governed by Section XII.
By Us
We may suspend or terminate your access to the Service at any time, with or without notice, if:
- You violate these Terms.
- You engage in conduct prohibited under Section XVII.
- We are required to do so by applicable law.
- We cease operating the Service.
Upon termination, your right to use any Work you have received continues subject to the license in Section XIII (unless your termination is due to a refund under Section XII, in which case your license terminates).
In addition to MLS's right to terminate these Terms, MLS may decline future Orders under the Repeat Abuse Policy in Section XII. Declining future Orders is not a termination of these Terms; it's a refusal of new business.
Death of the Buyer
If a buyer dies after placing an Order but before delivery, the buyer's executor, administrator, or other legally authorized successor in interest may, on presenting reasonable evidence of authority, elect to: (a) continue the Order and receive delivery on the buyer's behalf (treated as a gift to the intended recipient), in which case Preview Page access and approval/revision/refund mechanics transfer to the successor; or (b) cancel the Order, in which case production is halted, the Intake Content is handled in accordance with applicable law and the retention provisions in our Privacy Policy, and a refund is issued. Contact legal@mylovesong.com with the subject line "Estate Inquiry" and reasonable documentation. Where applicable law gives the deceased buyer's heirs specific rights regarding the Work or the Intake Content, those rights prevail.
Survival
Sections that by their nature should survive termination will survive, including without limitation Sections XIII (Intellectual Property), XIV (User Content License), XV (DMCA), XVI (Third-Party Warranty), XIX (Disclaimers), XX (Limitation of Liability), XXI (Indemnification), XXII (Dispute Resolution), XXIII (International Users), XXVII (Miscellaneous), XXVIII (Governing Law), and XXIX (Contact).
Data Handling Post-Termination
Termination of these Terms does not, by itself, change the retention and deletion schedules described in our Privacy Policy. Your personal information will continue to be handled in accordance with the retention periods set out in Section X of our Privacy Policy, which include (without limitation) the 1-year retention of Intake Content following Order delivery, the 7-year retention of transaction records for tax and legal compliance, and the additional retention periods set out there for support communications, marketing preferences, user-generated content, and aggregate-pattern data.
XXVI. Changes to Terms
We may update these Terms from time to time. When we do, we will post the updated Terms on our website with a new Effective Date at the top.
For material changes — including without limitation changes to your legal rights, the Refund and Cancellation Policy, the Dispute Resolution and Arbitration clause, the Limitation of Liability, the Intellectual Property license, pricing terms, or any other change a reasonable consumer would consider material to their use of the Service — we will also notify you by email at the address associated with your most recent Order and will provide at least 30 days' notice before the changes take effect, except where a faster change is required by law.
For non-material changes (such as typographical corrections, contact-information updates, or clarifications that do not affect your rights or obligations), your continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms. For material changes — those identified in the preceding paragraph and any other change a reasonable consumer would consider material to their use of the Service — MLS will provide notice as described above and a 30-day window before the change takes effect; during that window, you may terminate your relationship with the Service by notice to legal@mylovesong.com without penalty. If you do not affirmatively accept the material change and do not terminate, you may continue to use the Service under the updated Terms beginning on the effective date; for active Orders placed before the effective date, the Terms in effect at the time of your Order placement govern that Order. If you do not agree to updated Terms, stop using the Service and contact us to address any pending Orders.
EU and UK consumers — opt-out right. If you are an EU or UK consumer and a material change to these Terms is unfavorable to you, you have the right to terminate your relationship with the Service without penalty by contacting legal@mylovesong.com. To exercise this right, send notice within 30 days after the change takes effect (or such longer period as required by your jurisdiction's mandatory consumer protection law); termination takes effect upon MLS's receipt of your notice. Where applicable consumer protection law gives you a stronger right (such as automatic termination of an unfair modification), that right prevails.
XXVII. Miscellaneous
Electronic Communications and Disclosures
By placing an Order, you consent to receive all communications, agreements, and disclosures from MLS in electronic form — including these Terms, our Privacy Policy, Order confirmations, delivery notifications, payment receipts, refund confirmations, revisions to these Terms or our Privacy Policy, and any other communications related to your Order or the Service. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
Hardware and software requirements. To access and retain electronic communications from MLS, you need: (a) a device with internet access; (b) a current web browser supporting TLS/HTTPS; (c) a working email account; and (d) sufficient storage to retain electronic records you wish to keep.
Withdrawing consent. You may withdraw consent to electronic communications and disclosures at any time by emailing legal@mylovesong.com. If you withdraw consent, MLS may not be able to continue providing the Service to you electronically and may need to terminate your active Orders. You may at any time request a paper copy of any communication or disclosure that has been delivered to you electronically by emailing legal@mylovesong.com. MLS may charge a reasonable fee for retrieval and printing. Where applicable law requires that paper copies be provided free of charge, that law applies.
Updating your contact information. You are responsible for maintaining a current and functional email address with MLS. If your email address changes, you must update it through your most recent Order's confirmation email or by contacting support@mylovesong.com. MLS is not responsible for failures of electronic communication caused by an out-of-date email address you have not updated.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.
No Third-Party Beneficiaries
These Terms are between you and MLS. Nothing in these Terms creates any rights in any third party, except that the indemnification provisions in Sections XVI and XXI are intended to benefit MLS's officers, directors, employees, agents, and affiliates as third-party beneficiaries with respect to the matters those sections cover.
Entire Agreement
These Terms, together with our Privacy Policy and any order-specific terms presented at checkout, constitute the entire agreement between you and MLS regarding the Service and supersede all prior agreements or understandings, written or oral, regarding the Service.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of MLS to be effective.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void. We may assign our rights and obligations under these Terms to any successor or affiliate without your consent, provided that the successor agrees to be bound by these Terms.
No Agency
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and MLS.
Notices
Notices to you will be sent to the email address associated with your most recent Order. Notices to MLS should be sent to legal@mylovesong.com.
Headings
Section headings are for convenience only and have no legal or contractual effect.
Accessibility
MLS strives to make the Service accessible to all consumers, including those with disabilities. We work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter an accessibility issue or need assistance using the Service in a way that accommodates a disability, please contact support@mylovesong.com with the subject line "Accessibility" and a description of the issue. We will respond and work in good faith to provide an accessible alternative.
XXVIII. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of laws principles. Subject to Section XXII (Dispute Resolution and Binding Arbitration) and Section XXIII (International Users / Consumer Rights Preservation), any legal proceedings not subject to arbitration will be brought exclusively in the state or federal courts located in Florida.
Mandatory consumer protection laws prevail. Nothing in this Section XXVIII deprives a consumer of the benefit of any mandatory consumer protection law of the consumer's country or region of habitual residence. Consumers may bring proceedings in the courts of their jurisdiction of habitual residence where mandatory consumer protection law so requires.
XXIX. Contact Us
For any questions, concerns, or notices related to these Terms or the Service, please contact us:
- General Support: support@mylovesong.com
- Privacy and Data Protection: privacy@mylovesong.com
- Legal and Terms: legal@mylovesong.com
- Phone: (786) 777-9487
- Legal Entity: MLS Studio, LLC (Florida)
- Mailing Address: 1791 Blount Rd, Ste 810, Pompano Beach, FL 33069
We will respond to inquiries at the above addresses in accordance with applicable law and our internal service standards.