Terms of Service

1. Who we are and agreeing to these terms

Dearest Gifts is run by Dearest Gifts Deepthena, a business licensed by the Abu Dhabi Department of Economic Development (ADDED) in the United Arab Emirates. You can reach us at support@dearestgifts.com.

These Terms of Service are an agreement between you and Dearest Gifts Deepthena ("we", "us"). You accept them when you create an account, ask for a sign-in code, continue with Google, sign in, create a song or buy anything on this website. If you do not agree, please do not use the service.

Our Refund Policy and Privacy Policy are part of these terms. If you use the service for someone else, you confirm you are allowed to accept these terms for that purpose.

2. Who can use the service

You must be at least 18 years old and able to enter into a binding agreement. You are responsible for your account, for keeping access to your email address secure, and for everything done through your account.

3. What we provide

We create personalised songs from the answers you give us, using our songwriting method and music production technology. Results vary: the melody, voice, pronunciation, style, length and wording may differ from what you imagined, and two songs made from the same answers may differ.

Before you buy, you can listen to a preview of the exact recording you are buying. By buying, you confirm that you have listened to the preview and accept the song as it is. Delivery times shown on the website are estimates, not guarantees.

Your song and gift page are kept for 6 months after the last activity on that song (your purchase, a revision or a change to the gift page), and then deleted, as our Privacy Policy explains. Please download your song to keep it.

4. Your content and your responsibility

You are solely responsible for everything you give us or add to the service, including names, stories, memories, messages, lyrics you change, photos and gift messages ("your content"), and for how you use your song and gift page.

You confirm that your content is accurate, that you have every right and permission needed to use it, and that any person named, described or pictured (including the recipient) has agreed, or that you are otherwise legally allowed to use their name, story and image.

You must not submit content that is unlawful, defamatory, harassing, hateful, threatening, sexually explicit, involves minors inappropriately, invades anyone’s privacy, impersonates someone, copies existing songs or lyrics, imitates a real artist, or infringes anyone’s copyright, trade mark or other rights. We may refuse, remove or not deliver any content or song that we reasonably believe breaks these rules, and we are not obliged to check your content before a song is made.

5. Things you must not do

You must not misuse the service, including by: creating several accounts or using other people’s details to get extra free songs or previews; trying to get around limits, codes, payments or security; copying, scraping or recording previews to avoid paying; interfering with the website or its systems; using bots or automated tools; reverse engineering the service; reselling access; or making false payment disputes. We may suspend or close accounts that do this.

6. Gifts, links and codes

You decide who receives a gift link, QR code and four-digit code. Anyone who has both the link and the code can open the gift, so please share them carefully and separately. You are responsible for sharing them, for what your gift page shows, and for any consequences of sharing. You can turn off a gift link at any time from your song page.

7. Your licence to use the song

When your payment is complete, you may play, download and share your song for personal, non-commercial purposes, such as giving it as a gift, playing it at a private event or sharing it with family and friends.

You may not use the song commercially (for example in advertising, paid products or monetised videos), publish it to music streaming or distribution services, register it with content identification systems, claim that you or anyone else wrote or performed it, or use it to train computer models. Rights in your song may be limited by law and by our technology providers’ terms, so we do not promise that your song is exclusive, protected by copyright, or unlike any other song.

We use your content only to provide and improve the service and to meet legal obligations, as described in our Privacy Policy. We keep all rights in the website, our software, designs and brand.

8. Prices and payment

Prices are shown before you pay. Prices are in US dollars and are the full price you pay. Any tax that applies is included. Payments are made securely through our payment provider, Stripe; we never see or store your full card details. Your bank may convert the amount into your own currency and charge its own fees.

A purchase is complete only when the payment provider confirms it. You receive an electronic receipt by email.

9. Refunds and revisions

Because you hear a preview before buying, a change of mind is not a reason for a refund. Refunds are given in the cases set out in our Refund Policy, including a song that is faulty, not delivered, or not the recording you previewed. Each song includes the revisions described on your song page; a revised recording may sound different from the original. Nothing in these terms removes rights that the law gives you and that cannot be excluded.

10. Changes, availability and closing accounts

We may change, pause or stop any part of the service, and we do not promise that it will always be available or error-free. We may suspend or close an account, refuse a song or turn off a gift page if we reasonably believe these terms or the law have been broken; in that case no refund is due, except where the law requires one.

11. No warranties

To the fullest extent the law allows, the service, the songs and the gift pages are provided "as is" and "as available", without promises of any kind, including that a song will suit a purpose, be free of errors, please the recipient, or create any particular emotional result.

12. Limits on our liability

To the fullest extent the law allows, we are not liable for any indirect or consequential loss, loss of data, loss of enjoyment, distress, or loss caused by your content, by how you or others use a song or gift page, by sharing of links or codes, or by events outside our reasonable control. Our total liability for any claim connected with the service is limited to the amount you paid us for the song or purchase the claim relates to.

Nothing in these terms limits liability that cannot be limited by law, such as liability for fraud.

13. Your responsibility to us

You agree to compensate us (and our staff and providers) for claims, losses and reasonable costs, including legal fees, that arise from your content, your breach of these terms, your misuse of the service, or how you use or share a song or gift page.

14. Other services we use

Some parts of the service rely on other companies, including our payment provider, sign-in with Google, hosting and security providers, and music production partners. Their own terms may apply to those parts, and we are not responsible for their services.

15. Changes to these terms

We may update these terms. The date of the current version is shown at the top. If a change is significant, we will tell you on the website or by email. If you keep using the service after a change takes effect, you accept the updated terms.

16. Law and disputes

These terms are governed by the laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi. If you have a problem, please email support@dearestgifts.com first; we reply within 2 business days and will try to resolve it within 30 days. Any dispute that cannot be resolved this way will be decided by the courts of Abu Dhabi, United Arab Emirates, unless the law of your country gives you the right to bring it elsewhere.

17. Contact

Questions or complaints about these terms or a purchase: support@dearestgifts.com. We reply within 2 business days.