Terms of Service

1. General Provisions

1.1. These Terms of Service (hereinafter referred to as "Agreement" or "Terms") govern the relationship between 3 Krolika LLP (BIN 251240001464, address: 010000, Kazakhstan, Astana, Taras Shevchenko Street 4/1, unit 17, hereinafter referred to as "Service Provider," "Service Administration," "we," "us," or "our") and any person using the songly.gift service (hereinafter referred to as "User," "you," or "your").

1.2. The songly.gift service (hereinafter referred to as "Service") is an online platform for content generation using artificial intelligence technologies, 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.

1.3. By using the Service in any form, you fully and unconditionally accept all terms of this Agreement. If you do not agree with any provision of this Agreement, you are not authorized to use the Service.

1.4. This Agreement constitutes a legally binding contract between you and the Service Provider.

1.5. PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, A CLASS ACTION WAIVER, AND A LIMITATION OF LIABILITY.

2. Definitions

2.1. "Service" means the software and hardware complex available at https://songly.gift that provides content generation functionality using artificial intelligence.

2.2. "User" means an individual who is at least 18 years old, who has registered with the Service and/or uses the Service.

2.3. "Content" means any materials created using the Service (songs, music, images, poems, texts, videos, etc.), as well as materials uploaded by the User.

2.4. "Energy Points" means the internal currency of the Service used to pay for content generation.

2.5. "Prime Status" means a premium subscription that provides additional features and extended content storage.

2.6. "AI" (Artificial Intelligence) means machine learning algorithms and neural networks used for content generation.

2.7. "Generated Content" means any content created by the Service's AI based on User input.

2.8. "Uploaded Content" means any content provided by the User to the Service for processing.

3. Age Restrictions

3.1. THE SERVICE IS INTENDED EXCLUSIVELY FOR INDIVIDUALS WHO ARE AT LEAST 18 YEARS OF AGE.

3.2. By registering for or using the Service, you confirm and warrant that you are at least 18 years old.

3.3. If we become aware that a User is under 18 years of age, their account will be immediately terminated without the right to a refund.

3.4. The Service Administration reserves the right to request age verification at any time.

3.5. If you are accessing the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.

4. Service Description and AI Limitations

4.1. The Service is a content generation tool, similar to a musical synthesizer or other creative instruments. The Service creates content based on User input and settings.

4.2. IMPORTANT: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

4.3. The Service Administration does not guarantee:

  • The accuracy, quality, completeness, or fitness of generated content for any specific purposes;
  • The uniqueness of generated content;
  • The absence of errors, inaccuracies, or inappropriate content in generation results;
  • Uninterrupted operation of the Service;
  • Preservation of generated content;
  • That the Service will meet your requirements or expectations.

4.4. AI may generate inaccurate, incorrect, nonsensical, offensive, or inappropriate content. The User is obligated to independently verify generation results before use.

4.5. The User bears full responsibility for formulating queries and configuring generation parameters.

4.6. The Service uses third-party AI models and services, and we do not control or warrant their output.

5. Registration and User Account

5.1. Registration of a user account is required to use the full functionality of the Service.

5.2. When registering, the User is obligated to provide accurate and current information.

5.3. The User bears full responsibility for maintaining the confidentiality of their credentials and for all actions performed under their account.

5.4. The Service Administration reserves the right to block or delete a user account without prior notice in case of violation of the terms of this Agreement.

5.5. You agree to notify us immediately of any unauthorized access to or use of your account.

6. Rights to Content

6.1. Rights to Generated Content:

6.1.1. The Service Administration assigns to the User all rights, title, and interest in the generated content to the extent permitted by applicable law.

6.1.2. IMPORTANT NOTICE: The User acknowledges and agrees that under the laws of many jurisdictions (including but not limited to the United States and the European Union), content fully created by artificial intelligence without substantial human creative contribution may not be eligible for copyright protection. The Service Administration makes no guarantees regarding the copyrightability or legal protectability of generated content.

6.1.3. For video content, due to the use of non-unique footage and effects, the User is granted a non-exclusive, worldwide license to use the generated videos for personal and commercial purposes.

6.1.4. The User assumes all risk regarding the legal status of generated content in their jurisdiction.

6.2. Rights to Uploaded Content:

6.2.1. The User warrants that they possess all necessary rights to any content uploaded to the Service (photographs, texts, audio files, etc.).

6.2.2. By uploading content to the Service, the User grants the Service Administration a non-exclusive, royalty-free, worldwide, perpetual license to use such content for the purposes of providing services, improving AI algorithms, testing, and other internal purposes.

6.3. Use for AI Training:

6.3.1. By using the Service, the User agrees that any created or uploaded content may be used to train and improve artificial intelligence models.

6.3.2. If you do not consent to such use, please do not use the Service.

7. Prohibited Content

7.1. THE USER IS STRICTLY PROHIBITED from using the Service to create:

  • Child Sexual Abuse Material (CSAM) — ZERO TOLERANCE. Any attempt to create such content will result in immediate account termination without refund and reporting to law enforcement authorities;
  • Deepfakes without the consent of the depicted person;
  • Political deepfakes and content aimed at manipulating public opinion or elections;
  • Content inciting hatred based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic;
  • Content promoting violence, terrorism, or extremism;
  • Pornographic content;
  • Content infringing on intellectual property rights of third parties;
  • Content defaming or invading the privacy of third parties;
  • Content depicting real individuals without their consent;
  • Content that violates any applicable laws, regulations, or third-party rights;
  • Fraudulent, deceptive, or misleading content;
  • Malware, spam, or other harmful computer code;
  • Any other content that violates applicable laws or these Terms.

7.2. The Service Administration reserves the right to:

  • Immediately remove any content that violates this Agreement without prior notice;
  • Suspend or terminate the User's account without refund;
  • Report User data to law enforcement authorities in accordance with applicable law;
  • Cooperate with law enforcement investigations.

7.3. The User bears full responsibility for any created or uploaded content.

7.4. We reserve the right, but have no obligation, to monitor content created or uploaded through the Service.

8. Deepfake Disclaimer and Similarity Disclaimer

8.1. When generating images, voices, and other content, AI may create results that coincidentally resemble real people (living or deceased), including their appearance, voice, or manner of speech.

8.2. THE SERVICE ADMINISTRATION BEARS NO RESPONSIBILITY FOR ANY COINCIDENTAL RESEMBLANCE OF GENERATED CONTENT TO REAL PEOPLE.

8.3. The User is obligated to independently verify generated content for unintentional resemblance to real people before any use.

8.4. By using facial image or voice generation features, the User warrants:

  • They have legal rights and/or written consent to use the likeness of any depicted person;
  • The use does not violate the rights of third parties regarding their image, likeness, honor, dignity, or privacy;
  • They assume full responsibility for any claims related to resemblance of generated content to real people;
  • They will not use the Service to create non-consensual intimate imagery.

8.5. All responsibility for verifying generated content and obtaining necessary permissions lies exclusively with the User.

8.6. THE USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SERVICE PROVIDER FROM ANY CLAIMS RELATED TO THE USE OF ANY PERSON'S LIKENESS IN GENERATED CONTENT.

9. User Responsibilities

9.1. The User agrees to:

  • Use the Service only for lawful purposes;
  • Not violate the rights of third parties, including intellectual property rights;
  • Not attempt to circumvent technical limitations of the Service;
  • Not use automated means to access the Service without written permission;
  • Not interfere with or disrupt the Service or servers or networks connected to the Service;
  • Independently create backups of important content;
  • Comply with all applicable laws and regulations;
  • Provide accurate information when using the Service;
  • Keep account credentials confidential and secure.

9.2. The User agrees not to file any lawsuits or claims against the Service Administration in connection with generated content.

9.3. The User acknowledges that any use of the Service is at their sole risk.

10. Indemnification

10.1. The User agrees to indemnify, defend, and hold harmless the Service Administration, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all losses, expenses, damages, costs, and liabilities (including reasonable attorneys' fees and court costs) arising from:

  • The User's violation of the terms of this Agreement;
  • The User's violation of the rights of third parties;
  • Content created or uploaded by the User;
  • The User's use of the Service;
  • Any claims by third parties related to the User's actions;
  • Any breach of your representations or warranties;
  • Your negligent or wrongful conduct.

10.2. This obligation survives termination of this Agreement and your use of the Service.

10.3. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

11. Limitation of Liability

11.1. MAXIMUM AGGREGATE LIABILITY: THE SERVICE ADMINISTRATION'S MAXIMUM AGGREGATE LIABILITY TO THE USER FOR ANY CLAIMS, SUITS, OR DEMANDS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO ONE HUNDRED US DOLLARS ($100 USD) OR THE AMOUNT ACTUALLY PAID BY THE USER FOR THE SERVICE DURING THE 6 MONTHS PRECEDING THE CLAIM, WHICHEVER IS LESS.

11.2. THE SERVICE ADMINISTRATION IS NOT LIABLE FOR:

  • Lost profits, lost revenue, loss of data, reputational damage, or loss of business opportunities;
  • Indirect, incidental, special, punitive, exemplary, or consequential damages of any kind;
  • The quality, accuracy, fitness, or usefulness of generated content;
  • Actions of third parties;
  • Technical failures, service unavailability, or interruptions;
  • Loss of content for any reason;
  • Any damages arising from your use of or inability to use the Service;
  • Any damages arising from unauthorized access to your account;
  • Any other damages beyond our direct control.

11.3. THE USER USES THE SERVICE AT THEIR OWN RISK.

11.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11.5. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY.

12. Disclaimer of Warranties

12.1. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

12.2. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • NON-INFRINGEMENT;
  • ACCURACY OR COMPLETENESS OF CONTENT;
  • THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12.3. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

12.4. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

13. Prime Status and Content Storage

13.1. Prime Status is a premium subscription purchased as a one-time payment for a selected period. There is no automatic renewal.

13.2. Prime Status provides additional features, including extended content storage.

13.3. 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 (after which standard retention periods apply).

13.4. AI Assistant Chat History:

  • Only the last 100 (one hundred) messages with each AI assistant are stored;
  • For Users without Prime Status: message history is automatically deleted after 2-4 months;
  • For Users with Prime Status: message history is stored until account deletion or until Prime Status expires.

13.5. The Service Administration does not guarantee permanent storage or preservation of content regardless of subscription status.

13.6. The User is obligated to independently create backups of important content.

13.7. The Service Administration reserves the right to modify, limit, or discontinue Prime Status features at any time with or without notice.

13.8. No refunds will be provided for unused portions of Prime Status subscriptions except as required by applicable law.

14. Inactive Accounts

14.1. 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.

14.2. Upon deletion of an inactive account:

  • All personal data is deleted;
  • All generated content is deleted;
  • AI assistant chat history is deleted;
  • Unused Energy Points are forfeited without the right to a refund.

14.3. Restoration of a deleted account is not possible.

15. Payments

15.1. Payment for services is made in Kazakhstani Tenge (KZT) or US Dollars (USD), depending on your location and payment method.

15.2. Payments are processed through third-party payment services. The Service Administration does not store Users' payment data.

15.3. All prices are indicated inclusive of applicable taxes unless otherwise stated.

15.4. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred.

15.5. Refunds, if applicable, will be processed in the original payment currency or in USD or KZT if the original currency is not available.

16. Copyright Infringement Claims (DMCA)

16.1. If you believe that your copyright has been infringed by content posted on the Service, you may send a written notification to support@songly.gift.

16.2. The notification must contain:

  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the allegedly infringing material with sufficient information for us to locate it;
  • Your contact information (address, telephone number, and email address);
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
  • Your physical or electronic signature.

16.3. Notifications that do not meet the specified requirements may be disregarded.

16.4. We may remove or disable access to allegedly infringing material in our sole discretion.

16.5. Repeat infringers may have their accounts terminated.

17. Procedure for Submitting Inquiries and Claims

17.1. Any inquiries, claims, or requests must be submitted in writing as follows:

  1. Prepare a written request on paper containing:
    • Full name of the applicant;
    • Email address linked to the account;
    • Detailed description of the inquiry;
    • Date of preparation;
    • Handwritten signature of the applicant.
  2. Scan or photograph the signed document;
  3. Send the scan/photo to support@songly.gift.

17.2. Inquiries without a handwritten signature will not be processed.

17.3. Electronic and typed signatures are not accepted for formal claims and disputes.

17.4. Inquiries are accepted only in English or Russian.

17.5. The processing time for inquiries is up to 30 business days from the date of receipt of a properly executed inquiry.

17.6. General support inquiries may be submitted electronically without a handwritten signature.

18. Changes to Agreement

18.1. The Service Administration reserves the right to change the terms of this Agreement at any time.

18.2. Changes take effect from the moment of their publication on the Service website.

18.3. Continued use of the Service after publication of changes constitutes acceptance of the new version of the Agreement.

18.4. The User is obligated to regularly review the current version of the Agreement.

18.5. We will make reasonable efforts to notify users of material changes via email or notice on the Service.

19. Governing Law and Dispute Resolution

19.1. This Agreement is governed by and construed in accordance with the laws of the Republic of Kazakhstan, without regard to its conflict of law provisions.

19.2. All disputes shall be resolved through negotiations where possible. If no agreement is reached, disputes shall be referred to the courts of Astana, Republic of Kazakhstan.

19.3. Before filing a court action, the User is obligated to send the Service Provider a written claim in accordance with Section 17 of this Agreement. The claim review period is 30 days.

19.4. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

20. Class Action Waiver

20.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

20.2. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

20.3. You agree that you may bring claims against the Service Administration only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

21. GDPR Compliance (for EEA Users)

21.1. If you are located in the European Economic Area (EEA), you have certain rights under the General Data Protection Regulation (GDPR):

  • Right to access your personal data;
  • Right to rectification of inaccurate data;
  • Right to erasure ("right to be forgotten");
  • Right to restriction of processing;
  • Right to data portability;
  • Right to object to processing;
  • Right to withdraw consent.

21.2. To exercise these rights, contact us at support@songly.gift.

21.3. You also have the right to lodge a complaint with a supervisory authority.

21.4. The legal basis for processing your data includes: consent, performance of a contract, and our legitimate interests.

22. CCPA Compliance (for California Users)

22.1. If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA):

  • Right to know what personal information is collected, used, shared, or sold;
  • Right to delete personal information held by businesses;
  • Right to opt-out of sale of personal information;
  • Right to non-discrimination for exercising your CCPA rights.

22.2. We do not sell personal information as defined under CCPA.

22.3. To exercise your rights, contact us at support@songly.gift with the subject line "CCPA Request."

22.4. We will verify your identity before processing your request.

23. Severability

23.1. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

23.2. The invalid provision shall be replaced by a provision that most closely approximates the intent of the original provision.

24. Entire Agreement

24.1. This Agreement, together with the Privacy Policy and Refund Policy, constitutes the entire agreement between the User and the Service Administration.

24.2. This Agreement supersedes all prior agreements, understandings, and representations.

24.3. Any failure by us to enforce any provision of this Agreement shall not be deemed a waiver of such provision or the right to enforce it.

25. Assignment

25.1. You may not assign or transfer your rights or obligations under this Agreement without our prior written consent.

25.2. We may assign our rights and obligations under this Agreement without your consent in connection with a merger, acquisition, sale of assets, or by operation of law.

26. Force Majeure

26.1. We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

27. Contact Information

3 Krolika LLP

BIN: 251240001464

Address: 010000, Kazakhstan, Astana, Taras Shevchenko Street 4/1, unit 17

Email: support@songly.gift

28. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

Last updated: December 3, 2025