Terms and Conditions

1. About these terms

These terms govern your use of the Songs Aloud website and any order you place with us for a personalised song or related service.

Please read them carefully before submitting an order. By placing an order, you agree to be bound by these terms.

Songs Aloud is a service supplied by Business Software Group Limited, a company registered in England and Wales under company number 02926171.

Our registered office is: Business Software Group Limited, Nine Hills Road, Cambridge, England, CB2 1GE. Email: sales@songsaloud.com

In these terms:

• “Songs Aloud”, “we”, “us” and “our” mean Business Software Group Limited, which supplies the Songs Aloud service.
• “you” and “your” mean the person or organisation placing the order.
• “recipient” means the person for whom a song is commissioned, where different from the purchaser.
• “brief” means the information, instructions, files and preferences you provide.
• “song” means the recording, lyrics and other materials we agree to create for you.
• “personal customer” means an individual purchasing mainly for purposes outside their trade, business, craft or profession.
• “business customer” means a person or organisation purchasing wholly or mainly for business or commercial purposes.

2. About Songs Aloud

Songs Aloud creates original, personalised songs from customer-supplied stories, memories, people, places and occasions.

Every commission is individually developed, reviewed and refined. Our work may include:

• Creative consultation and interpretation
• Story development
• Lyric writing and editing
• Musical and production direction
• Audio generation and recording
• Arrangement and editing
• Mixing and mastering
• Preparation of lyric sheets, videos or other agreed materials

We may use a combination of human creative direction, original writing, editing, generative artificial intelligence, digital audio software and other modern production technologies.

Our internal methods, prompts, production processes, style libraries and selection procedures are confidential and proprietary to Songs Aloud.

3. Eligibility to order

You must be at least 18 years old and legally capable of entering into a contract to place an order.

Where you place an order for an organisation, you confirm that you have authority to bind that organisation.

4. Placing an order

The information shown on our website is an invitation to place an order and does not constitute an offer by us.

You place an order by:

1. Selecting a service or requesting a quotation;
2. Providing the required brief;
3. Accepting these terms;
4. Providing any required consents; and
5. Paying the stated amount or agreed deposit.

An automated payment receipt or acknowledgement does not necessarily mean that we have accepted your commission.

A binding contract is formed when we send you written confirmation that we have reviewed and accepted your order.

We may decline an order before acceptance. Where we decline an order after payment has been taken, we will refund the amount paid.

5. Your creative brief

You are responsible for providing information that is sufficiently clear, complete and accurate for us to perform the service.

You must check carefully:

• Names and spellings
• Pronunciations
• Dates and ages
• Locations
• Relationships
• Events and anecdotes
• Required words or phrases
• Topics that must not be mentioned
• Musical and emotional preferences
• Delivery dates

We are not responsible for an error in a song that results directly from incorrect, incomplete or ambiguous information supplied by you.

We may ask reasonable follow-up questions before or during production. Delivery may be delayed where you do not provide requested information promptly.

6. Information about other people

Personalised songs often contain information about people other than the purchaser.

You confirm that:

• You are entitled to provide the information included in your brief;
• Your use of that information is lawful;
• You have obtained any consent that is reasonably required;
• The information is not supplied for a dishonest, malicious or unlawful purpose; and
• Creating the requested song will not knowingly infringe another person’s privacy or legal rights.

You should not provide highly sensitive or intimate information unless it is necessary for the commission and you have an appropriate right or permission to do so.

We may remove or decline to use information that we consider unnecessarily intrusive, unsafe or inappropriate.

7. Material supplied by you

You retain ownership of photographs, recordings, text, poems, melodies and other material that you own and supply to us.

You grant us a worldwide, royalty-free licence to use, reproduce, edit, adapt and process that material only as reasonably necessary to:

• Assess your brief;
• Create and revise your commission;
• Deliver the finished materials;
• Provide customer support;
• Maintain appropriate business and legal records; and
• Exercise any separate portfolio permission you expressly grant.

You confirm that:

• You own the supplied material or have permission to use it;
• You have authority to allow us to process it;
• It does not infringe copyright, privacy, publicity, confidentiality or other rights;
• It does not contain unlawful or malicious material; and
• Any voice or likeness supplied for imitation or transformation is your own or is supplied with the person’s express permission.

You are responsible for claims arising from material you were not entitled to provide, except to the extent that a claim results from our own breach or negligence.

8. Existing songs and performers

You may tell us about musical genres, periods, instruments, moods and recordings that you enjoy. We use such references only to understand your broad preferences.

We do not agree to:

• Copy an existing melody;
• Reproduce protected lyrics;
• Copy a distinctive recording or arrangement;
• Pass off a song as the work of another writer or artist;
• Impersonate a recognisable performer;
• Clone another person’s voice without appropriate consent; or
• Create a deliberately confusing imitation of an existing work.

Where you name a song or performer, we may translate that reference into general characteristics such as tempo, instrumentation, mood, vocal quality, structure or musical period.

We may reject or modify any instruction that we believe creates an unreasonable infringement or impersonation risk.

9. Originality and production technology

We create each commission with the intention of producing an original song.

Music commonly uses recurring genres, themes, structures, chord progressions, instruments and lyrical ideas. Modern generative technologies can also produce elements that resemble material created independently by other people.

We therefore do not guarantee that:

• Every musical or lyrical element is unprecedented;
• No similarity to any existing work will ever be identified;
• Every element will qualify for copyright protection in every country; or
• A generated or synthetic voice represents a real human performer.

Where we identify a material similarity concern during our review, we may alter, replace or regenerate the affected material.

10. Our right to refuse content

We may decline, pause or cancel a commission involving content that we reasonably believe is:

• Unlawful;
• Defamatory;
• Fraudulent or deliberately misleading;
• Threatening, harassing or abusive;
• Discriminatory or hateful;
• Sexually exploitative;
• Harmful to children;
• Intended to impersonate or deceive;
• Infringing of intellectual-property rights;
• Invasive of another person’s privacy;
• Based on a voice, image or recording used without consent; or
• Likely to expose Songs Aloud or another person to legal or reputational harm.

Where the problem can reasonably be resolved, we may invite you to amend the brief.

Where we cancel because the original brief could not lawfully or appropriately be performed, we may deduct the reasonable value of work already completed before refunding any remaining balance.

11. Prices and payment

Prices are those displayed on our website or included in our written quotation at the time of ordering.

Prices include VAT where applicable unless clearly stated otherwise.

We may require:

• Full payment in advance;
• A non-refundable booking payment where lawfully permitted;
• A deposit followed by one or more stage payments; or
• Separate payment for additional work.

We will not normally begin production until the required payment and creative brief have been received.

Additional work outside the agreed service will be quoted separately.

12. Delivery estimates

Any delivery date is an estimate unless we expressly confirm in writing that it is a guaranteed deadline.

Estimated delivery periods begin only after:

• We have accepted the order;
• We have received the required payment;
• The brief is substantially complete; and
• Any essential questions have been answered.

Delivery may be affected by:

• Delayed customer responses;
• Changes to the brief;
• Additional revision requests;
• Technical or supplier interruptions;
• Illness or events outside our reasonable control; or
• Legal or content concerns requiring investigation.

We will notify you if a significant delay becomes apparent.

You must tell us before ordering about any fixed occasion or event date. Acceptance of an order does not make that date guaranteed unless we expressly confirm this in writing.

13. First previews

The first version is a creative interpretation of your brief, not a promise that every possible detail supplied will appear in the finished lyrics.

We decide how to balance:

• Storytelling;
• Musical flow;
• Natural phrasing;
• Song length;
• Emotional impact;
• Repetition;
• Rhyme;
• Structure; and
• Singability.

We may omit details that are repetitive, difficult to sing, potentially intrusive or inconsistent with the agreed tone.

Unless otherwise agreed, previews are supplied privately and must not be commercially distributed or registered with rights-management or content-identification services.

14. Revisions

Your package description or quotation will state the number of included revision rounds.

A revision round means one consolidated set of reasonable changes to the existing song based on the original agreed brief.

Included revisions may cover:

• Factual corrections;
• Name or pronunciation corrections;
• Removal of an unwanted detail;
• Reasonable lyric amendments;
• Modest changes to emphasis or emotional tone; and
• Minor production or arrangement adjustments.

A revision does not ordinarily include:

• A completely new story;
• A substantially different genre;
• A replacement of most of the lyrics;
• A different central message;
• A new recipient or occasion;
• A complete change of musical direction;
• Repeated alternatives after an approved decision; or
• Work caused by information supplied only after production began.

We may quote an additional fee for changes outside the included revision allowance.

Feedback must be submitted through the requested channel and should be consolidated by the purchaser. We are not responsible for reconciling conflicting instructions from several contributors.

15. Approval and final delivery

You are responsible for reviewing each preview carefully.

Your approval confirms that, to the best of your knowledge:

• The factual content is acceptable;
• Names and pronunciations are acceptable;
• The lyrics and musical direction are approved; and
• The song may proceed to final delivery.

Changes requested after final approval may be treated as additional paid work.

Final files will normally be supplied electronically in the formats included with your package.

You should download and securely store your final files. We do not guarantee indefinite storage, although we may retain an archival copy for a reasonable period.

16. Personal-use licence

Unless your order or quotation expressly states otherwise, a personal commission includes a personal-use licence.

Subject to full payment, we grant the purchaser and the intended recipient a perpetual, worldwide, non-exclusive, non-transferable licence to:

• Listen to the song privately;
• Share it with friends and family;
• Play it at private celebrations and family events;
• Store personal copies;
• Include it in personal, non-commercial family videos; and
• Post it on personal, non-monetised social-media accounts.

This licence does not permit you to:

• Sell or license the song;
• Release it commercially;
• Monetise it;
• Distribute it through commercial music services;
• Use it in advertising or business promotion;
• Claim that it was performed by a named real artist;
• Register it with a content-identification system;
• Register rights belonging to Songs Aloud in your own name;
• Permit another business to exploit it; or
• Create commercial derivative works from it.

A broader licence may be agreed in writing and may require an additional fee.

17. Business and commercial use

Personal-use pricing does not include business, advertising, promotional, broadcast, monetised or other commercial use.

Business customers must tell us how the song will be used, including where relevant:

• Media and platforms;
• Territory;
• Campaign duration;
• Audience;
• Advertising expenditure;
• Broadcast use;
• Monetisation;
• Required edits;
• Exclusivity; and
• Distribution plans.

Commercial rights are limited to those expressly set out in our written quotation or licence.

Unless expressly agreed in writing, commissioning a song does not transfer copyright, production methods, source materials, project files, prompts, stems or other intellectual property to the customer.

18. Ownership and intellectual property

You retain ownership of original material you supplied to us.

Songs Aloud retains all rights that it owns or controls in:

• Original lyrics developed by us;
• Arrangements and edits;
• Sound recordings;
• Visual materials created by us;
• Drafts and unused versions;
• Production methods;
• Prompts and instructions;
• Internal templates and style descriptions;
• Source and project files; and
• The Songs Aloud name, branding and website.

Your rights to use the final deliverables are governed by the licence included with your order.

Because modern production may involve third-party tools and technologies, rights in some elements may depend on applicable law and third-party contractual terms. We grant only rights that we own or are entitled to grant.

Nothing in these terms prevents us from using general skills, musical knowledge, production techniques, ideas, structures or experience developed while performing commissions, provided that we do not publish your confidential personal story or supplied private material without permission.

19. Portfolio use and publicity

Your commission is private by default.

We will not knowingly publish your song, story, photographs, testimonial or reaction footage as a portfolio example without separate permission.

Portfolio permission is optional and is not required to purchase a song.

Where you grant permission, the consent form will describe:

• What may be published;
• Whether names may be used;
• Whether photographs or video may be used;
• Whether the whole song or an extract may be used;
• The permitted channels; and
• Any agreed restrictions.

You may withdraw permission for future use by contacting us. Withdrawal will not necessarily affect material already printed, distributed or lawfully used before the withdrawal was received.

20. Confidentiality

We will use reasonable care when handling private customer briefs and materials.

We may share material with employees, contractors and production-service providers where reasonably necessary to provide the service. Those recipients will receive only the access reasonably required for their role and will be subject to appropriate contractual or platform terms.

You should not send information whose disclosure would create disproportionate harm unless you have first agreed suitable arrangements with us.

Our handling of personal information is described further in our Privacy Policy.

21. Cancellation rights for personal customers

This section applies to personal customers purchasing online or otherwise at a distance.

You will usually have 14 days from the date on which we accept your order to cancel the contract without giving a reason.

To cancel, you must send a clear statement to sales@songsaloud.com. You may use the following wording:

I give notice that I wish to cancel my Songs Aloud order. My name is [name], my order number is [number], and my order date was [date].

Starting work during the cancellation period

Personalised creative work may need to begin before the 14-day cancellation period ends.

At checkout, we may ask you expressly to request that we begin work immediately.

Where you make that request and later cancel during the 14-day period, you must pay a reasonable amount for the work performed up to the time you told us that you wished to cancel.

Where the service has been fully performed during the cancellation period, your right to cancel the completed service may be lost where:

• You expressly requested that work begin during the cancellation period; and
• You acknowledged that you would lose the right to cancel once the service had been fully performed.

Where digital content is supplied before the cancellation period ends, your right to cancel that digital supply may be lost when supply begins if you:

• Gave prior express consent to immediate supply; and
• Acknowledged that this would cause you to lose the relevant cancellation right.

We will record and confirm these consents.

Your statutory rights where a service or digital product is faulty, misdescribed or not provided with reasonable care and skill are not affected.

22. Cancellation outside the statutory period

After the statutory cancellation period, or after the relevant cancellation right has been lost, cancellation is subject to the following:

• Before creative work begins, we may offer a full or partial refund, less payment-processing costs where lawful.
• After creative work begins, we may retain or charge an amount reflecting work completed and costs committed.
• After a preview has been delivered, a substantial proportion of the service has been performed and a refund may be limited.
• After final delivery, no change-of-mind refund will normally be available.

We will consider exceptional circumstances fairly.

23. Our cancellation rights

We may cancel or suspend an order where:

• Required payment is not made;
• You do not provide information needed to continue;
• The brief breaches these terms;
• You behave abusively towards our staff or contractors;
• Continuing would expose us or another person to legal risk;
• A required supplier or service becomes unavailable; or
• An event outside our reasonable control prevents performance.

Where cancellation is not caused by your breach, we will refund amounts paid for work that will not be supplied.

24. Problems with the service

We are required to provide services with reasonable care and skill and to supply digital content that conforms to the contract.

Please tell us promptly where you believe:

• The delivered files are technically defective;
• The song materially fails to match the accepted brief;
• An agreed deliverable is missing;
• A factual correction has not been made; or
• The service has otherwise not been supplied as agreed.

Where appropriate, we may:

• Correct the defect;
• Re-perform the affected part of the service;
• Replace a file;
• Provide an appropriate price reduction; or
• Offer another remedy required by law.

A preference for a different genre, melody, voice or creative interpretation does not by itself establish that the service is defective where the work reasonably follows the accepted brief.

Nothing in these terms limits your statutory consumer rights.

25. Limits of liability to personal customers

We are responsible for losses that are a foreseeable result of our breach of these terms or our failure to use reasonable care and skill.

We are not responsible for losses that were not foreseeable when the contract was formed.

We provide personal commissions for private and non-commercial use. We are not responsible to a personal customer for business losses, including loss of profit, business, contracts, opportunity or reputation.

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation; or
• Breach of statutory consumer rights that cannot lawfully be excluded.

26. Liability to business customers

This section applies only to business customers.

To the fullest extent permitted by law, we will not be liable for:

• Loss of profit;
• Loss of revenue;
• Loss of business;
• Loss of anticipated savings;
• Loss of goodwill;
• Loss of data;
• Loss of opportunity; or
• Indirect or consequential loss.

Our total liability arising from a business commission will not exceed the total amount paid to us for that commission, except where liability cannot lawfully be limited.

The business customer is responsible for independently reviewing the legal, regulatory and reputational suitability of the song before publication or commercial use.

27. Events outside our control

We are not responsible for delay or failure caused by circumstances outside our reasonable control.

These may include:

• Internet or hosting failure;
• Failure of a production platform or supplier;
• Cyberattack;
• Power failure;
• Fire, flood or severe weather;
• Industrial dispute;
• Illness;
• Government action;
• Changes in law;
• Failure of telecommunications; or
• Other events that could not reasonably have been avoided.

We will take reasonable steps to reduce the effect of the event and resume performance when practical.

28. Website availability

We may alter, suspend or withdraw parts of the website for maintenance, security or operational reasons.

We do not guarantee that the website or customer portal will always be available without interruption.

Website content may change and does not override the package description, quotation or order confirmation applicable to your commission.

29. Links and third-party services

Our website may link to third-party websites and services.

We are not responsible for third-party content, availability or privacy practices.

Payments, file storage, communications and production may involve third-party providers. Their systems may be subject to separate technical and operational limitations.

30. Personal information

We process personal information in accordance with our Privacy Policy.

You should read the Privacy Policy before submitting a brief, particularly where the brief contains information about other people.

Separate consent will be requested before customer material is used publicly for marketing or portfolio purposes.

31. Complaints

Please send complaints to sales@songsaloud.com.

Please include:

• Your name;
• Order number;
• A clear description of the problem;
• The outcome you are seeking; and
• Any relevant supporting material.

We aim to acknowledge a complaint within five working days and to provide a substantive response within 20 working days. Our Complaints Policy sets out the full procedure, including how to request a review.

Making a complaint does not affect your legal rights.

32. Transfer of the contract

You may not transfer your rights under the contract to another person without our written agreement, except that the intended recipient may exercise the personal-use licence granted under section 16.

We may transfer our rights and obligations to another organisation where this does not reduce your rights under the contract.

33. No rights for third parties

Except for an intended recipient who is granted rights under the personal-use licence, no person other than you and Songs Aloud has a right to enforce these terms.

34. If part of these terms is invalid

If a court or other competent authority decides that any provision is unlawful or unenforceable, the remaining provisions will continue in effect.

35. Delay in enforcing these terms

If we do not enforce a right immediately, that does not mean that we have waived it.

36. Governing law and courts

These terms are governed by the law of England and Wales.

If you are a consumer resident elsewhere in the United Kingdom, you retain the benefit of any mandatory protections available under the law of the part of the United Kingdom in which you live and may bring proceedings in the courts available to you under applicable law.

Business customers agree that the courts of England and Wales will have exclusive jurisdiction.

37. Changes to these terms

We may update these terms from time to time.

The terms applying to your commission will normally be those accepted when your order was placed, unless a change is required by law or is expressly agreed with you.

The current version will be published on this page with its effective date.

38. Contact

Questions about these terms may be sent to:

Songs Aloud, Business Software Group Limited, Nine Hills Road, Cambridge, England, CB2 1GE. Email: sales@songsaloud.com