Ode To Terms and Conditions

1. General Information

Ode To operates this website and provides its content, questionnaires, samples, digital products, and services. Our store uses the Shopify platform to manage certain functions related to browsing, purchasing, and payments.

These Terms and Conditions govern your access to the website and your purchase and use of our services.

Before placing an order, you should read and accept these Terms and Conditions, our Privacy Policy, and our Refund Policy.

Placing an order creates an obligation to pay the applicable price.

2. Eligibility to Purchase

To make a purchase, you must:

• Be at least 18 years old.

• Have the legal capacity to enter into a binding contract.

• Provide accurate, complete, and up-to-date information.

• Use a valid and authorized payment method.

If you place an order on behalf of another person or business, you confirm that you are authorized to do so.

You are responsible for maintaining the confidentiality of your account credentials if you choose to create an account.

3. Description of the Service

Ode To creates personalized digital musical content based on information provided by the customer.

Depending on the offer selected and the terms displayed on the relevant product page, an order may include:

• Two complete personalized songs.

• A PDF document designed to present the song as a gift.

• For Premium orders, two additional karaoke versions.

• Any other features or services expressly stated on the product page before purchase.

We may also offer a free musical sample before purchase.

The sample allows the customer to hear part of the proposed musical concept. The exact content, duration, and scope of the purchased service will be as described on the product page and in the order confirmation.

Images, audio files, and examples displayed on the website are intended to illustrate the type of service we provide. Each song is created from a different story and set of preferences, so the final result may vary from one order to another.

4. Information Provided by the Customer

The customer is responsible for reviewing and accurately providing the information required to create the songs, including:

• Names.

• Dates.

• Pronunciations.

• Memories and anecdotes.

• Relationship with the intended recipient.

• Language.

• Occasion.

• Dedication or personal message.

• Musical preferences.

• Voice type and musical style.

Ode To will not be responsible for errors that result directly from inaccurate, incomplete, or ambiguous information provided by the customer. However, where reasonably possible, we will attempt to correct such issues through our revision process.

Where the customer provides information, photographs, text, or other materials relating to third parties, the customer confirms that they have the necessary authorization or rights to use and share those materials with Ode To.

Customers should not provide unnecessary or sensitive personal information about other individuals.

5. Prohibited Content

Our services may not be used to create or transmit content that is:

• Illegal, fraudulent, threatening, or defamatory.

• Discriminatory or intended to promote hatred or violence.

• Invasive of another person's privacy, reputation, or rights.

• Exploitative or sexualizing of minors.

• Infringing upon copyrights, trademarks, or other intellectual property rights.

• Based on third-party lyrics, recordings, or other protected materials without appropriate authorization.

• Intended to deceptively impersonate another person or artist.

• Containing malicious software, harmful code, or other damaging elements.

We may reject an order or request that it be modified where it violates these Terms.

If we reject a paid order before production begins, the amount paid for that order will be refunded.

6. Ordering Process and Acceptance

Information displayed on the website constitutes an invitation to place an order.

By completing the checkout process, the customer submits an offer to purchase the selected service.

A contract is formed once payment has been authorized and the customer receives an order confirmation by email.

We may reject or cancel an order for legitimate reasons, including:

• Reasonable suspicion of fraud.

• Technical inability to complete the order.

• Insufficient information to produce the requested content.

• An obvious pricing or description error.

• Illegal content or content that violates these Terms.

• Exceptional unavailability of services or technology required to complete the order.

If we cancel a paid order before production begins, we will refund the applicable amount using the original payment method.

7. Prices, Taxes, and Payments

The prices applicable to your order will be those displayed at the time the order is placed.

Before confirming the purchase, the customer will be shown the total price and any applicable taxes or charges.

Prices, offers, and promotions may change for future orders. Any such changes will not affect an order that has already been confirmed, unless expressly agreed between the parties or where an obvious error must be corrected before production begins.

Payments are processed through Shopify and the payment providers available through our store.

The customer agrees to provide accurate billing and payment information and to use only payment methods that they are authorized to use.

8. Start of Production

Because our services are personalized, production may begin shortly after an order is confirmed.

Depending on applicable consumer protection laws, you may have certain cancellation or withdrawal rights.

Where applicable, if you request or agree that production begins during a statutory cancellation or withdrawal period, you may be required to provide your express consent and acknowledge that beginning production or delivery of personalized digital content may result in the loss of that right.

Where required by applicable law, confirmation of that consent and acknowledgment will be provided in a durable form, such as your order confirmation email.

Nothing in this section limits any mandatory consumer rights that apply in your jurisdiction.

9. Delivery

Products are delivered digitally using the email address provided during checkout or through a download link.

Our usual delivery times are:

• Standard Offer: within 24 hours.

• Premium Offer: within 12 hours.

The delivery period begins once:

• Payment has been confirmed.

• The questionnaire has been completed correctly.

• We have received all information necessary to produce the order.

If we require clarification or additional information, the delivery period may be paused until we receive the customer's response.

If a technical issue or exceptional circumstance outside our reasonable control is likely to cause a delay, we will aim to inform the customer as soon as reasonably possible and provide a new estimated delivery date.

The customer is responsible for checking their email inbox and spam or junk folder and for ensuring that the email address provided during the order process is correct.

10. Revisions and Satisfaction Guarantee

Ode To offers unlimited revisions to adapt the result to the original order.

Revisions must relate to:

• The story originally provided.

• The dedication.

• The occasion.

• Preferences included in the questionnaire.

• Errors or adjustments reasonably necessary to reflect the original request accurately.

The following are not considered revisions:

• Completely changing the intended recipient.

• Replacing the original story with a different one.

• Changing the occasion or entire concept after production.

• Requesting a song intended for a completely new order.

• Introducing essential information that was not provided when the original order was placed.

These changes may require a new order.

Our satisfaction guarantee does not limit any statutory rights that you may have where digital content is defective, incorrectly supplied, or does not conform to the contract.

11. Conformity of Digital Content

Ode To will provide digital content that substantially corresponds to the description, characteristics, and services included in the confirmed order.

Depending on where you live, applicable consumer protection laws may provide you with additional rights where digital content is defective, inaccurate, or does not conform to the contract.

Where required by applicable law, you may be entitled to request that the digital content be corrected or otherwise brought into conformity at no additional cost.

Where correction is impossible, disproportionate, is not completed within a reasonable period, or otherwise fails to resolve the issue, you may have additional remedies under applicable law, which may include a price reduction, refund, or termination of the contract.

The exact remedies and time limits available to you depend on the laws applicable in your jurisdiction.

Nothing in these Terms excludes or restricts any mandatory consumer rights that cannot legally be waived or limited.

12. Cancellation, Withdrawal, and Refunds

The conditions relating to cancellations, withdrawal rights, exceptions, and refunds are explained in our Refund Policy.

Nothing in these Terms limits any mandatory consumer rights available to you under applicable law.

To request a cancellation, revision, or refund, contact us at hello@myodeto.com and include your order number.

13. License to Use the Songs

Unless expressly agreed otherwise in writing, purchasing a song grants the customer a personal, non-exclusive, non-commercial license to use the songs and files delivered as part of the order.

The customer may:

• Listen to and download the files.

• Give them to the intended recipient.

• Share them privately with family and friends.

• Play them at private celebrations and personal events.

• Share them through personal social media profiles for non-commercial purposes.

Without prior written authorization from Ode To, you may not:

• Resell the songs or files.

• License them to third parties.

• Use them in advertising, commercial campaigns, or sponsored content.

• Monetize or otherwise commercially exploit them.

• Present them as part of a music catalogue intended for commercial sale.

• Register or claim exclusive rights over elements that cannot legally be exclusively owned or protected by you.

• Remove, bypass, or alter technical protection measures where such measures are used.

Purchasing a song does not constitute an exclusive assignment or transfer of intellectual property rights unless this is expressly agreed in writing.

If you wish to use a song for professional or commercial purposes, you may contact us at hello@myodeto.com to request an appropriate license.

14. Content Provided by the Customer

The customer retains any rights they hold in original text, photographs, stories, and other materials they provide to us.

By submitting these materials, the customer grants Ode To a limited, non-exclusive authorization to use them solely as necessary to:

• Create the sample.

• Produce the songs.

• Prepare the files included in the order.

• Carry out revisions.

• Deliver and manage the order.

• Provide customer support relating to the service.

The customer represents that the materials they provide do not infringe the rights of any third party.

15. Intellectual Property of the Website

The content of this website, including the Ode To name, logo, design, text, illustrations, graphics, promotional audio, videos, and page structure, may be protected by applicable intellectual property, copyright, trademark, and related laws.

You may not copy, reproduce, distribute, modify, or commercially exploit such content without authorization, except where permitted by applicable law.

16. Reviews and Testimonials

If you voluntarily publish or submit a review concerning our services, you authorize us to reproduce and use that review for purposes related to Ode To.

This authorization is non-exclusive and royalty-free and may apply to our own communication channels and promotional materials, subject to applicable law.

We will not use your photograph, full name, private recordings, or other personally identifiable information for advertising purposes without the appropriate authorization where such authorization is required.

You may request that we stop using a testimonial containing your personal data by contacting us at hello@myodeto.com.

Such a request will not affect any processing or use that was lawful before the request was received.

17. Third-Party Services and Links

Certain features of the website rely on services provided by third parties, including Shopify, payment providers, hosting providers, email services, and technology infrastructure providers.

Use of those third-party services may also be subject to their own terms and privacy policies.

Ode To does not control external websites linked from our store and is not responsible for their content or independent practices.

This provision does not limit our responsibility for third-party service providers that we use in order to perform our own contractual obligations where such responsibility cannot legally be excluded.

18. Availability and Maintenance

We work to keep our website and services available, functional, and secure.

However, we cannot guarantee uninterrupted access at all times because maintenance, updates, technical problems, or other interruptions may occur.

Where reasonably possible, we will attempt to resolve interruptions within an appropriate period.

Website interruptions do not affect the customer's statutory or contractual rights relating to previously confirmed orders.

19. Website Errors

We may correct errors, inaccuracies, or omissions appearing on the website.

If an error materially affects an order that has already been placed, we will inform the customer before continuing production.

The customer may then confirm the order based on the corrected information or cancel the affected order and receive any refund required under these Terms or applicable law.

20. Prohibited Uses of the Website

You may not:

• Use the website for unlawful purposes.

• Attempt to gain unauthorized access to our systems.

• Introduce viruses, malicious code, or abusive automated systems.

• Scrape or extract data or content on a large scale without authorization.

• Interfere with the operation, integrity, or security of the service.

• Fraudulently or abusively use samples or other free features.

• Infringe the rights of Ode To or any third party.

We may restrict or suspend access where these Terms are violated.

Any such restriction or suspension will not affect mandatory rights relating to orders that have already been paid for.

21. Liability

Ode To will be responsible for performing its obligations in accordance with applicable law.

We will not be responsible for a failure or delay caused by events that are unforeseeable, unavoidable, or otherwise outside our reasonable control, provided that we take reasonable steps to minimize the effects of such events and provide any notices required by applicable law.

To the extent permitted by law, we will also not be responsible for losses or issues caused exclusively by:

• Incorrect information provided by the customer.

• Use of delivered files in violation of these Terms.

• The customer's failure to comply with technical requirements that were clearly communicated in advance.

• Illegal acts or infringement of third-party rights arising from materials supplied by the customer.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.

Nothing in these Terms limits mandatory consumer rights available under applicable law.

22. Data Protection and Privacy

Our processing of personal data is governed by our Privacy Policy.

Information provided through the questionnaire may be used to create the sample, produce personalized songs, carry out revisions, deliver the content, and manage the order.

For more information about how we collect, use, store, and share personal information, please refer to our Privacy Policy.

23. Changes to These Terms

We may update these Terms to reflect changes to our services, technology, business practices, or applicable legal requirements.

The version applicable to an order will generally be the version in effect when that order was placed.

Changes made after an order has been confirmed will not alter the terms of that order unless required by law or expressly agreed between the customer and Ode To.

24. Governing Law and Dispute Resolution

These Terms are governed by the laws applicable to the business entity that operates Ode To, subject to any mandatory consumer protection laws that apply to you.

If you are a consumer, nothing in these Terms deprives you of the protection of mandatory laws that apply to you based on your place of residence or otherwise under applicable law.

Before starting formal legal proceedings, you may contact us at hello@myodeto.com so that we can attempt to resolve the matter amicably.

Where applicable, consumers may bring claims before the courts, regulatory authorities, consumer protection bodies, or dispute resolution services that have jurisdiction under applicable law.

Nothing in these Terms requires a consumer to submit to a jurisdiction or dispute resolution procedure that cannot legally be imposed on them.

25. Language

These Terms and Conditions are provided in English.

Where translations are made available in other languages, they are provided for convenience.

To the extent permitted by applicable law, the English version will be used to interpret these Terms in the event of any inconsistency between translated versions.

Where applicable law requires another version or interpretation to prevail, that mandatory legal requirement will apply.

26. Contact

If you have any questions about these Terms and Conditions, you may contact us at:

Ode To
Email: hello@myodeto.com
Registered office: as indicated in the Legal Notice on the website