General Terms and Conditions (AGB)

These terms are a courtesy translation of the German original (“Allgemeine Geschäftsbedingungen”). German law governs the contract; the German version is authoritative.

These General Terms and Conditions (GTC, German: AGB) apply to all contracts concluded by consumers within the meaning of § 13 of the German Civil Code (BGB) with M&R Technologies UG (haftungsbeschränkt), An der Strusbek 12, 22926 Ahrensburg, Germany (hereinafter “Songmania”) covering the creation and purchase of personalised songs. If a business (§ 14 BGB) buys a song — for example as a company song for its team — the same purchase process applies; the consumer rights under these terms (in particular the right of withdrawal) only apply if the purchase is not attributable to the buyer’s commercial or self-employed professional activity.

Deviating terms of the buyer are not recognised unless Songmania expressly agrees to their validity in writing.

The contract is concluded exclusively in German or English through the electronic order process. The presentation of the offers on the website is not a legally binding offer but an invitation to start the creation process.

The lyrics are created when the form is filled in and submitted. This is free of charge and non-binding; a contract for payment is only concluded with the purchase in the payment process. By clicking the “Continue to payment” button and completing the payment process (“Pay”), the buyer submits a binding offer to conclude a purchase contract for the musical setting and transfer of the song. The contract is concluded when the payment is confirmed by the payment provider. Only then does the musical production begin; it usually takes a few minutes. Once the recording is finished, the download is unlocked; an email address is requested for this purpose (§ 3 para. 2).

Before submitting, the buyer can correct their input at any time using the back button. The details relevant to the contract (song, genre, price) are displayed again in summary form on the checkout page.

The contract text (these terms, the withdrawal notice and the purchase details) is not sent separately by email after conclusion of the contract; it can be accessed and printed at any time via the addresses given in § 11. The receipt is sent by the payment provider by email.

Based on the buyer’s input (name of the celebrated person, occasion, personal details, singing language, genre), Songmania creates an individual song in two steps: first the lyrics are created, generated by an AI language model. These lyrics are only set to music after the purchase; the result is the finished audio recording as an MP3 file for download.

The lyrics are displayed in full and free of charge before purchase; there is no musical version before the purchase. Only the purchase leads to the musical setting, unlocks playing and downloading of the finished recording (MP3 file) and grants the usage rights under § 5. To download, an email address is requested after the purchase; the notification that the song is ready goes automatically to the address given during checkout.

When buying “Two versions”, the buyer receives two recordings of the same lyrics in different genres. The same usage right applies to both versions.

Songs are individual, computer-generated one-offs. Sound, arrangement and design vary even with identical input; there is no entitlement to a specific musical outcome. The lyrics are shown to the buyer in full before purchase.

All prices are final prices and include statutory value-added tax (VAT), currently 19 %. There are no additional charges.

Payment is processed via the payment provider Stripe; the available payment methods are shown in the checkout. Your payment method is charged when the payment process is completed.

Upon full payment, Songmania grants the buyer a simple (non-exclusive) right of use to the purchased song (lyrics and recording), unlimited in territory and time, for the buyer’s own purposes. The right expressly covers private and business use — the song may be played, shown, shared and passed on free of charge in your own environment, club, company and on your own channels, and in particular given as a gift. That is the purpose of the product.

Not granted are in particular: selling the song or copies of it, granting sub-licences, marketing the song as a standalone product (for example on streaming or download platforms) and any commercial use beyond use for your own purposes. Such use requires a separate agreement (email to moin@songmania.me).

The songs are computer-generated (AI). Copyright protection of the result in favour of the buyer or of Songmania cannot be assumed; the contractual right of use is granted regardless.

Songmania reserves the right to use generated songs and lyrics in anonymised form as examples, as long as the song cannot be attributed to an identifiable real person. No attribution to names takes place.

The buyer confirms that the input provided is accurate and that they are entitled to provide the details about the persons named in the forms, in particular the celebrated person. Entering details that infringe the rights of third parties (personality rights, copyright, other rights) or violate the law is prohibited.

The buyer undertakes not to use songs for defamation, harassment, threats or other unlawful purposes.

Consumers have a fourteen-day right of withdrawal pursuant to §§ 355, 312g BGB (German Civil Code). The withdrawal notice (Widerrufsbelehrung) including the model withdrawal form is available at https://songmania.me/en/widerruf.

The purchase concerns digital content not supplied on a physical medium. For such contracts the right of withdrawal expires when Songmania has begun performance (making the download available), the buyer has expressly consented to performance beginning before the end of the withdrawal period and has confirmed knowledge of the fact that the right of withdrawal expires once performance has begun (§ 356 (6) BGB). This consent is obtained in the payment process before the payment is completed.

Independently of this, the voluntary money-back promise under § 8 applies.

In addition to the statutory right of withdrawal, Songmania gives the following voluntary promise: if the buyer does not like the purchased song, an email to moin@songmania.me within 14 days of purchase is sufficient; Songmania will refund the full purchase price. No explanation is required; the link to the song is helpful.

This promise is a voluntary commitment; it neither replaces nor restricts the statutory right of withdrawal or the statutory rights for defects. It cannot be invoked if the song has already been commercially exploited beyond the rights granted in § 5. Refunds are processed through the payment provider; no fees are charged to the buyer.

The statutory rights regarding defective digital products apply (§§ 327 ff. BGB). The song conforms to the contract if it matches the details shown in the order process: the complete lyrics for the chosen occasion, a recording in the selected genre and singing language of the stated length, playable as an MP3.

The lyrics are shown in full before purchase; deviations of the lyrics from the purchased input can be recognised by the buyer before purchase. Musical design, arrangement, voice and expression are computer-generated and naturally vary; they do not constitute a defect (see § 3 para. 4).

In the case of a defect, Songmania is first entitled to provide a remedy (Nacherfüllung): recreating the song with corrected input. If the remedy fails, the purchase price is reduced or the buyer may rescind the contract; instead of rescission the buyer may invoke the voluntary money-back promise under § 8.

Songmania is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and within the scope of guarantee liability.

In the event of a slightly negligent breach of a material contractual obligation (an obligation whose fulfilment enables the proper performance of the contract in the first place and on whose compliance the buyer may rely), Songmania is only liable for the foreseeable damage typical of this type of contract. All other cases of slightly negligent breach of duty are excluded.

Liability for outages of third parties (payment provider, language model provider, music service, email service) leading to temporary unavailability is excluded insofar as Songmania is not responsible for the outage.

German law applies to these terms and the contractual relationship. This choice of law does not affect the mandatory consumer protection provisions of the country in which the buyer has their habitual residence (Art. 6 (2) of Regulation (EC) No 593/2008).

The place of jurisdiction is the buyer’s place of residence insofar as the action is brought against the buyer; Songmania may also take legal action against the buyer at the buyer’s place of residence.

Should a provision of these terms be invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the provision that comes closest to its economic purpose.

These terms are available at https://songmania.me/en/agb; the withdrawal notice at https://songmania.me/en/widerruf. Contact: moin@songmania.me.