Terms of service
Overview
Welcome to Tellatune. The terms “we”, “us”, and “our” refer to Tellatune. Tellatune operates this website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated experience (the “Services”).
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
1. Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity.
2. Our Products
While we aim to create something deeply moving and meaningful, the final result may differ from what you initially imagined. As with any creative service, interpretations and emotional responses can vary. We do not warrant that the appearance, quality, or emotional impact of any products or services purchased by you will meet your expectations.
3. Orders
When you place an order, you are making an offer to purchase. Tellatune reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Tellatune confirms acceptance.
4. Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes unless otherwise stated.
5. Order Fulfillment
We create personalized songs based on your quiz responses. The following fulfillment timelines apply:
- 7-Day Custom Song: Your song will be completed within 7 days of order confirmation.
- 24-Hour Express Song: Your song will be completed within 24 hours of order confirmation.
Fulfillment times are estimates and may vary based on order volume or unforeseen circumstances.
6. Digital Delivery
All songs are delivered digitally (MP3 or WAV format) via email to the address you provide. It is your responsibility to ensure that the email address you provide is accurate and capable of receiving our messages.
Delivery is complete when the song file or access link is sent to your email address, whether or not you open the email, download the file, or play the song. Please check your spam or junk folders if you do not see your delivery.
7. Intellectual Property
Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Tellatune, its affiliates, or licensors and are protected by intellectual property laws.
Subject to applicable law and our Privacy Policy, you grant Tellatune a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, transferable, and sublicensable license to use, reproduce, modify, edit, publish, distribute, publicly perform and display, translate, and create derivative works from materials you provide to us, any outputs delivered to you, and your communications with us, including for marketing and promotional purposes.
8. Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.
9. Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy.
10. Errors, Inaccuracies, and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
11. Prohibited Uses
You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to infringe upon intellectual property rights, to harass any person, to transmit false information, to impersonate any other entity, or to spam, phish, or scrape data.
12. Termination
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
13. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED BY TELLATUNE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL TELLATUNE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO ANY GIVEN PURCHASE EXCEED THE AMOUNT ACTUALLY RECEIVED BY TELLATUNE FROM YOU FOR THAT PURCHASE.
15. Indemnification
You agree to indemnify, defend, and hold harmless Tellatune, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims arising out of your breach of these Terms or your violation of any law or the rights of a third party.
16. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
17. Governing Law
These Terms of Service shall be governed and construed in accordance with the laws of Lithuania. For matters not subject to arbitration, the courts located in Lithuania have exclusive jurisdiction and venue.
18. Cancellation Policy
See our Cancellation Policy and Refund Policy for full details on cancellations, refunds, revisions, and errors.
19. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.
20. Contact Information
Our contact information is: hello@tellatune.com