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

1. Introduction

1.1. This Privacy Policy (hereinafter referred to as "Policy") defines the procedures for collecting, using, storing, protecting, and deleting personal data of users of the songly.gift service (hereinafter referred to as "Service").

1.2. The Data Controller is: 3 Krolika LLP, BIN 251240001464, address: 010000, Kazakhstan, Astana, Taras Shevchenko Street 4/1, unit 17 (hereinafter referred to as "Operator").

1.3. Contact email address: support@songly.gift.

1.4. This Policy has been developed in accordance with the laws of the Republic of Kazakhstan, including the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V "On Personal Data and Their Protection," and is designed to comply with international data protection standards, including the General Data Protection Regulation (GDPR) of the European Union and the California Consumer Privacy Act (CCPA).

1.5. By using the Service, the User confirms that they are at least 18 (eighteen) years of age. Persons under the age of 18 are not permitted to use the Service.

2. Data We Collect

2.1. For the Service to function, we collect and process the following categories of data:

2.1.1. Data Provided by the User:

• Email address — for registration, authorization, and account recovery;
• Username (login) — for identification within the system;
• Password — stored exclusively in encrypted (hashed) form.

2.1.2. Content Uploaded by the User:

• Photographs and images for processing or as references;
• Audio files for processing;
• Video files for processing;
• Text data (descriptions, wishes, generation instructions).

2.1.3. Automatically Generated 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;
• Chat history with AI assistants.

2.1.4. Technical Data:

• IP address;
• Browser and device information;
• User settings and preferences;
• Service usage data (statistics, logs).

2.1.5. Payment Information:

We DO NOT store payment data (card numbers, CVV, etc.). All payments are processed through third-party payment services certified to PCI DSS standards. We receive only confirmation of successful payment and a transaction identifier.

3. Purposes of Data Processing

3.1. The collected data is used exclusively for the following purposes:

• User registration and authentication;
• Ensuring account security;
• Providing Service functions (content generation);
• Processing payments and tracking energy points;
• Content moderation and violation prevention;
• Technical support and communication with Users;
• Improving Service quality and AI algorithms;
• Compliance with legal requirements;
• Protecting the rights and legitimate interests of the Operator.

4. Legal Basis for Processing (GDPR)

4.1. For Users in the European Economic Area (EEA), the United Kingdom, and Switzerland, we process personal data based on the following legal grounds:

• Contract Performance: Processing necessary for the performance of a contract with you (providing Service functions);
• Legitimate Interests: Processing necessary for our legitimate interests, such as improving our services, preventing fraud, and ensuring security;
• Consent: Where you have given explicit consent for specific processing activities;
• Legal Obligation: Processing necessary for compliance with legal obligations.

5. Data Retention Periods

5.1. Account data (email, login, password): stored until the account is deleted by the User or by the Operator in accordance with the terms of use.

5.2. Inactive accounts: 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.

5.3. Uploaded content (photographs, audio, video for processing): stored for 7 (seven) calendar days for moderation and verification purposes, after which it is automatically deleted.

5.4. Generated content:

• 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 the Prime status expires (after which standard retention periods apply).

Upon deletion, content is marked as deleted (for recovery purposes) and completely removed after 7 (seven) calendar days.

5.5. 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 the Prime status expires.

5.6. Technical logs and IP addresses: stored for 12 (twelve) months for security and incident investigation purposes.

5.7. Transaction data: stored for the period required by applicable law (at least 5 years) for accounting and tax purposes.

6. Data Protection

6.1. The Operator takes necessary legal, organizational, and technical measures to protect personal data from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, and other unlawful actions.

6.2. Protection measures include:

• Password encryption using modern cryptographic algorithms;
• Use of secure connections (HTTPS/TLS);
• Restricted access to personal data;
• Regular data backups;
• System security monitoring.

6.3. Important Notice: Despite the protective measures taken, the Operator cannot guarantee absolute data security during transmission over the Internet. The User uses the Service at their own risk.

7. Data Transfer to Third Parties

7.1. The Operator does not sell personal data and does not transfer it to third parties, except in the following cases:

• With the User's consent;
• Upon request of authorized government bodies in accordance with applicable law;
• For payment processing through certified payment systems;
• For providing cloud storage and hosting services;
• When using third-party APIs for content generation (in anonymized form where technically possible).

7.2. All third parties receiving access to data are required to maintain confidentiality and use data exclusively to perform their functions.

7.3. International Data Transfers: Your data may be transferred to and processed in countries outside your country of residence, including countries that may not provide the same level of data protection. Where required, we implement appropriate safeguards such as Standard Contractual Clauses approved by relevant authorities.

8. Use of Data for AI Training

8.1. By using the Service, the User agrees that uploaded and generated content may be used for:

• Training and improving artificial intelligence models;
• Internal Service purposes (testing, debugging, algorithm improvement);
• Statistical analysis in anonymized form.

8.2. When using data for AI training, User personal data is anonymized where technically possible.

9. User Rights

9.1. The User has the right to:

• Access their personal data and receive a copy;
• Request correction or updating of inaccurate personal data;
• Request deletion of their personal data ("right to be forgotten");
• Restrict the processing of their personal data;
• Object to the processing of their personal data;
• Request data portability (receive data in a structured, commonly used format);
• Withdraw consent to data processing at any time;
• Delete their content through the Service interface;
• Delete their account (all associated content will also be deleted);
• Lodge a complaint with a supervisory authority.

9.2. Additional Rights for California Residents (CCPA):

If you are a California resident, you have the following additional rights:

• Right to Know: You have the right to request disclosure of the categories and specific pieces of personal information we have collected about you;
• Right to Delete: You have the right to request deletion of your personal information, subject to certain exceptions;
• Right to Opt-Out of Sale: We do not sell personal information. However, you have the right to opt out of any future sales;
• Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights.

To exercise your CCPA rights, please contact us at support@songly.gift.

9.3. To exercise your rights, the User may:

• Use the personal account functionality to manage data and content;
• Send a written request to the email address support@songly.gift.

9.4. Requirements for Written Requests:

To protect against unauthorized access to data, the request must contain:

• Full name of the User;
• Email address associated with the account;
• Nature of the request;
• Date of preparation;
• Handwritten signature of the User.

The request must be prepared on paper, signed by hand, scanned, and sent as an electronic copy. Requests without a handwritten signature will not be processed. We may require additional verification of your identity before processing your request.

9.5. Request processing time — 30 (thirty) calendar days from receipt of a properly completed request, or within shorter timeframes where required by applicable law (e.g., 45 days under CCPA).

10. Account and Data Deletion

10.1. The User may delete their account at any time through the personal account settings.

10.2. Upon account deletion:

• Personal data (email, login) is deleted;
• All generated content is deleted;
• AI assistant chat history is deleted;
• Transaction data is retained in accordance with legal requirements.

10.3. Automatic deletion of inactive accounts: Accounts that have not been accessed for 1 (one) year are automatically deleted along with all associated data.

10.4. Account deletion is irreversible. Recovery of deleted data is not possible.

11. Cookies and Similar Technologies

11.1. The Service uses cookies and similar technologies for:

• Ensuring Service functionality;
• Saving User settings;
• Authentication and session maintenance;
• Collecting usage statistics.

11.2. The User may disable cookie usage in browser settings, but this may affect Service functionality.

11.3. Types of Cookies We Use:

• Essential Cookies: Required for the Service to function properly;
• Functional Cookies: Remember your preferences and settings;
• Analytics Cookies: Help us understand how you use the Service.

12. Prohibited Content and Moderation

12.1. The Operator reserves the right to review uploaded content for violations of law and Service rules.

12.2. If prohibited content is discovered (including materials containing child sexual abuse material, hate speech, calls for violence), the Operator has the right to:

• Immediately block the User's account;
• Transfer information to law enforcement authorities;
• Retain necessary data for investigation.

13. Children's Privacy

13.1. The Service is not intended for persons under the age of 18. We do not knowingly collect personal data from children under 18.

13.2. If we become aware that we have collected personal data from a child under 18, we will take steps to delete such information as soon as possible.

13.3. If you believe that a child under 18 has provided us with personal data, please contact us at support@songly.gift.

14. Do Not Track Signals

14.1. Some browsers have a "Do Not Track" feature that signals to websites that you do not want your online activities tracked. The Service does not currently respond to "Do Not Track" signals as there is no industry standard for handling such signals.

15. Changes to the Policy

15.1. The Operator reserves the right to make changes to this Policy at any time.

15.2. Changes take effect from the moment the new version of the Policy is published on the Service website.

15.3. The User undertakes to independently monitor changes in the Policy. Continued use of the Service after changes are made constitutes acceptance of the new version of the Policy.

15.4. For material changes, we will make reasonable efforts to notify you by email or through a prominent notice on the Service.

16. Governing Law and Jurisdiction

16.1. This Policy and any disputes arising from or relating to it shall be governed by the laws of the Republic of Kazakhstan.

16.2. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Astana, Republic of Kazakhstan.

16.3. Notwithstanding the foregoing, if you are located in the European Economic Area, United Kingdom, or Switzerland, nothing in this Policy affects your statutory rights under applicable data protection laws.

17. Additional Disclosures

17.1. Categories of Personal Information Collected (CCPA Disclosure):

In the past 12 months, we have collected the following categories of personal information:

• Identifiers (email address, username, IP address);
• Internet or other electronic network activity information (browsing history, interactions with the Service);
• Audio, electronic, visual, or similar information (uploaded content);
• Inferences drawn from the above (preferences, characteristics).

17.2. Sources of Personal Information:

• Directly from you when you provide it;
• Automatically when you use the Service;
• From third-party payment processors (transaction confirmation only).

17.3. Business or Commercial Purposes for Collection:

As described in Section 3 of this Policy.

17.4. Sale or Sharing of Personal Information:

We do not sell personal information. We do not share personal information for cross-context behavioral advertising.

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.