Refund Policy

1. General Provisions

1.1. This Refund Policy (hereinafter referred to as "Policy") governs the terms and conditions for refunding payments made for services provided by the songly.gift service (hereinafter referred to as "Service"), owned by 3 Krolika Limited Liability Partnership (hereinafter referred to as "Service Owner").

1.2. By using the Service and making purchases, the User confirms that they have read this Policy, fully understand its terms, and unconditionally accept them.

1.3. The Service provides AI-powered content generation services, including but not limited to: songs and music, images (portraits, greeting cards, invitations, logos, coats of arms, and other graphic materials), poems, texts (greetings, formal letters, marketing materials, and other text-based content), videos. Due to the specific nature of such services, refunds are made exclusively in cases expressly provided for in this Policy.

1.4. The Service is intended exclusively for persons who have reached the age of 18 (eighteen) years. By making a purchase, the User confirms that they have reached the specified age.

1.5. This Policy is governed by and construed in accordance with the laws of the Republic of Kazakhstan. Any disputes arising out of or in connection with this Policy shall be subject to the exclusive jurisdiction of the courts of Astana, Republic of Kazakhstan.

2. Nature of Services Excluding Refunds

2.1. The User acknowledges and agrees that:

• The Service's offerings are creative in nature and based on artificial intelligence algorithms;
• Each generation result is unique and created individually for each request;
• Quality, artistic value, and conformity to User expectations are subjective categories and cannot serve as grounds for refund;
• AI may generate inaccurate, incorrect, or content that does not meet expectations — this is a technical characteristic of the technology, not a defect in the service;
• The Service does not guarantee the suitability of generated content for any specific purposes;
• All services are provided on an "AS IS" basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

2.2. IMPORTANT DISCLAIMER: Due to the instant and automated nature of AI content generation, the service is considered fully rendered immediately upon initiation of the generation process. The User acknowledges that once generation begins, the computational resources have been consumed and cannot be recovered.

3. Refund Conditions for Energy Points

3.1. Refunds for purchased Energy Points are possible ONLY when ALL of the following conditions are simultaneously met:

• The purchased Energy Points have NOT been used (not a single point has been deducted);
• There was a critical technical malfunction on the Service's side that completely prevented the use of the points;
• The refund request was submitted no later than 14 (fourteen) calendar days from the date of purchase;
• The request is submitted in accordance with the requirements of Section 6 of this Policy.

3.2. Refunds for Energy Points are NOT PROVIDED in the following cases:

• If at least one point was used for any generation attempt, regardless of the result;
• If generation was completed but the result does not meet User expectations;
• If the User is dissatisfied with the quality, artistic value, accuracy, or any other characteristics of the generated content;
• If the generated content accidentally resembles existing works or real people;
• If the User changed their mind about the need to use the Service;
• If the Service was available but the User experienced connection issues on their end;
• If the request is submitted after 14 calendar days from the date of purchase;
• If the User's account was blocked for violating the Terms of Service;
• If the User used the Service to create prohibited content;
• If the User resides in a jurisdiction where the Service is not intended to operate.

4. Refund Conditions for Prime Status

4.1. Prime status is a one-time purchase for a selected period and is NOT automatically renewed.

4.2. Refunds for Prime status are possible ONLY in the following case:

• The Service was completely unavailable for more than 50% (fifty percent) of the paid subscription period due to technical reasons on the Service's side, as documented and confirmed.

4.3. Refunds for Prime status are NOT PROVIDED in the following cases:

• If the Service was partially available during the subscription period;
• If the functionality of Prime status does not meet User expectations;
• If content loss occurred due to any technical reasons;
• If the User was unable to use the Service for reasons beyond the Service's control;
• If the User no longer needs Prime status features;
• If the User's account was blocked for rule violations;
• If the User did not use all Prime status benefits during the paid period.

5. Special Conditions for Generated Content

5.1. Due to the creative nature and subjectivity of perception of AI-generated content:

• Refunds for any completed generation are NOT POSSIBLE, regardless of the result or degree of User satisfaction;
• This rule applies to all types of content: songs and music, images (portraits, greeting cards, invitations, logos, coats of arms, and other graphic materials), poems, texts (greetings, formal letters, marketing materials, and other text-based content), videos, AI assistant responses, audio and image processing results;
• Subjective dissatisfaction with any aspect of generated content is not grounds for a refund;
• Artistic quality, accuracy, usefulness, or aesthetic value of content cannot serve as grounds for refund.

5.2. DEEPFAKE AND LIKENESS DISCLAIMER: The User understands and accepts that:

• Generated content may accidentally resemble real people, existing works, or protected trademarks;
• The Service bears no responsibility for any accidental resemblance;
• Verification of generated content for infringement of third-party rights is the exclusive responsibility of the User;
• The User assumes all liability for any claims arising from the use of generated content that resembles real individuals;
• The Service makes no representations regarding the uniqueness or originality of generated content.

5.3. Content Retention Periods:

• For Users without Prime status: generated content is automatically deleted 2-4 months after creation;
• For Users with Prime status: content is stored until deleted by the User or until Prime status expires.

Automatic deletion of content is not grounds for a refund.

6. Refund Request Procedure

6.1. To have a refund request considered, the User MUST perform the following actions:

1. Prepare a written request on paper containing:
   • User's full legal name (as shown in payment documents);
   • Email address associated with the account;
   • Date and exact amount of the purchase;
   • Type of service purchased (Energy Points / Prime status);
   • Detailed description of the reason for the refund request;
   • Payment method used for the purchase;
   • Banking details for the refund;
   • Date of the request;
   • User's handwritten signature.
2. Attach proof of payment (receipt, bank statement, payment screenshot);
3. Sign the request with a handwritten signature;
4. Scan or photograph all documents in high quality;
5. Send the document package to the email address: support@songly.gift with the subject line "Refund Request — [Your account email]".

6.2. IMPORTANT:

• Requests without a handwritten signature on paper are NOT considered;
• Electronic, facsimile, and digitally-created signatures are NOT accepted — the signature must be made by hand on paper, after which the document is scanned;
• The request must be written legibly;
• Incomplete requests are returned for revision without consideration on the merits;
• Requests are accepted in English only.

7. Request Processing and Refund Timeline

7.1. The request processing period is up to 30 (thirty) business days from the date of receipt of the complete document package.

7.2. The Service Owner reserves the right to request additional documents or information to verify the validity of the request.

7.3. If the refund is approved, funds will be transferred within 30 (thirty) business days to the details specified in the request.

7.4. Refunds are made in US dollars (USD) or Kazakhstani tenge (KZT). If it is not possible to refund using the same method by which the payment was made, the refund will be made by bank transfer to the User's details. The User is responsible for any currency conversion fees or banking charges.

7.5. The Service Owner has the right to refuse a refund if the conditions of this Policy are not met. The refusal decision is final and binding.

7.6. Submitting a refund request does not guarantee its approval.

8. Inactive Accounts

8.1. To implement the right to be forgotten, User accounts that have not been accessed for 1 (one) year are automatically deleted along with all associated data and content.

8.2. Upon deletion of an inactive account:

• All unused Energy Points are forfeited without the right to a refund;
• The remaining Prime status period is forfeited without the right to a refund;
• All generated content is deleted.

8.3. Automatic deletion of an inactive account is not grounds for a refund.

9. Account Blocking and Prohibited Content

9.1. In the event of blocking a User's account for violation of the Terms of Service, including but not limited to creating prohibited content:

• Refunds are NOT provided;
• All unused Energy Points are forfeited;
• The remaining Prime status period is forfeited;
• Account data may be transferred to law enforcement agencies in accordance with applicable law and international cooperation agreements.

9.2. PROHIBITED CONTENT — ZERO TOLERANCE POLICY:

• Child Sexual Abuse Material (CSAM) — ABSOLUTE ZERO TOLERANCE. Any attempt to generate such content will result in immediate account termination and reporting to relevant authorities;
• Non-consensual deepfake content depicting real individuals without their explicit consent;
• Political deepfakes intended to spread misinformation or manipulate public opinion;
• Content inciting hatred, violence, or discrimination based on race, ethnicity, nationality, religion, gender, sexual orientation, disability, or any other protected characteristic;
• Content infringing on intellectual property rights of third parties;
• Content that violates the laws of the Republic of Kazakhstan or the User's jurisdiction;
• Content promoting terrorism, extremism, or illegal activities;
• Fraudulent content intended to deceive or defraud others.

9.3. The Service reserves the right to immediately terminate service and cooperate with law enforcement without prior notice in cases involving suspected illegal activity.

10. Limitation of Liability

10.1. LIABILITY CAP: THE MAXIMUM AGGREGATE LIABILITY OF THE SERVICE OWNER TO THE USER FOR ANY AND ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS POLICY, SHALL NOT EXCEED THE LESSER OF: (A) ONE HUNDRED UNITED STATES DOLLARS (USD $100); OR (B) THE TOTAL AMOUNT ACTUALLY PAID BY THE USER TO THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.2. IN NO EVENT SHALL THE SERVICE OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THE SERVICE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3. The limitations in this section shall apply to the fullest extent permitted by applicable law.

11. Indemnification

11.1. The User agrees to indemnify, defend, and hold harmless the Service Owner, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees and court costs) arising from:

• The User's use of and access to the Service;
• The User's violation of any term of these Terms of Service or this Policy;
• The User's violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right;
• Any claim that the User's content caused damage to a third party;
• Any claim related to the User's generated content resembling real individuals or existing works.

11.2. This indemnification obligation will survive the termination of the User's account and/or use of the Service.

12. Class Action Waiver (Applicable to Users in the United States)

12.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER AND THE SERVICE OWNER EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

12.2. Any disputes shall be resolved on an individual basis only, and the User shall not consolidate or seek class treatment for any claim.

13. GDPR Compliance (For Users in the European Economic Area)

13.1. If you are located in the European Economic Area (EEA), you have certain rights under the General Data Protection Regulation (GDPR) regarding your personal data.

13.2. These rights do not affect the conditions for refunds set forth in this Policy but relate to how your personal data is processed. For more information, please refer to our Privacy Policy.

13.3. Refund requests involving personal data will be processed in accordance with GDPR requirements where applicable.

14. CCPA Compliance (For California Residents)

14.1. If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA) regarding your personal information.

14.2. These rights do not affect the conditions for refunds set forth in this Policy. For more information about your CCPA rights, please refer to our Privacy Policy.

14.3. California residents may not use the "Do Not Sell My Personal Information" right as a basis for a refund request.

15. DMCA and Copyright Claims

15.1. If you believe that content generated through our Service infringes your copyright, you may submit a DMCA takedown notice to support@songly.gift.

15.2. Copyright infringement claims are handled separately from refund requests and do not automatically entitle the claimant or any User to a refund.

15.3. The submission of fraudulent DMCA notices may result in legal liability.

16. Severability

16.1. If any provision of this Policy is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16.2. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

17. Entire Agreement

17.1. This Policy, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between the User and the Service Owner regarding refunds.

17.2. This Policy supersedes all prior agreements, representations, and understandings between the parties regarding refunds.

18. No Waiver

18.1. The failure of the Service Owner to enforce any right or provision of this Policy shall not constitute a waiver of such right or provision.

18.2. Any waiver of any provision of this Policy will be effective only if in writing and signed by the Service Owner.

19. Final Provisions

19.1. This Policy is an integral part of the Terms of Service.

19.2. The Service Owner reserves the right to change this Policy at any time. Changes take effect from the moment of publication on the Service website.

19.3. Continued use of the Service after the publication of changes means the User's acceptance of the new version of the Policy.

19.4. All disputes shall be resolved in accordance with the laws of the Republic of Kazakhstan in the courts of Astana.

19.5. For all questions, please contact: support@songly.gift