01Personal Use Licence
Unless a Commercial Licence is purchased, each song created by Unsaid Melody is provided under a personal-use licence.
Personal use includes private listening, gifting, family sharing, weddings, birthdays, anniversaries, tribute use, personal memory keeping, and non-commercial personal social media sharing.
Personal use does not include business promotion, advertising, monetised content, paid campaigns, brand videos, public commercial use, resale, sublicensing, use in client work, or use as part of any product, service, campaign, or business activity.
02Commercial Licence
A Commercial Licence is required if the customer intends to use the song for business, promotional, advertising, monetised, public, brand-related, resale, client, or commercial purposes.
Commercial use includes use in paid advertising, business social media, brand videos, YouTube or podcast monetisation, public campaigns, events, product launches, client work, corporate presentations, trade promotions, or any activity connected to revenue generation, promotion, business reputation, or public commercial exposure.
The Commercial Licence gives the customer permission from Unsaid Melody to use the final delivered song for the commercial purposes permitted under these Terms.
The Commercial Licence does not guarantee copyright registration, copyright protection, streaming platform approval, social media platform approval, monetisation approval, advertising approval, or freedom from all third-party claims.
03Rights in the Final Delivered Song
After full payment has been received and the final song has been delivered, Unsaid Melody grants the customer a non-exclusive, perpetual, worldwide licence to use the final delivered song, subject to the usage rights selected at checkout and these Terms.
For personal-use orders, the customer may use the final delivered song for personal and non-commercial purposes only.
For orders with a Commercial Licence, the customer may use the final delivered song for the commercial purposes described in these Terms.
Songs may be created using a combination of customer-provided content, human creative direction, editing, lyrics, arrangement choices, production decisions, and third-party creative or production tools.
Unsaid Melody takes reasonable care to use tools, processes, and account types that permit the intended use of outputs. However, Unsaid Melody does not guarantee that the final delivered song will be registrable as copyright, accepted by any copyright office, accepted by any streaming platform, accepted for monetisation, or free from all third-party claims.
Unless expressly agreed in a separate written agreement, the customer receives usage rights only and does not receive a formal copyright assignment from Unsaid Melody.
Unsaid Melody retains all rights not expressly granted. Unsaid Melody may also retain internal records, drafts, working files, prompts, production notes, system-generated materials, and process materials used to create the song. These materials are not included in the final delivery unless expressly stated.
04Customer-Provided Content
The customer confirms that all names, stories, messages, lyrics, references, images, recordings, instructions, prompts, or other materials submitted to Unsaid Melody are provided lawfully and with all necessary rights, permissions, and consent.
The customer is responsible for ensuring that submitted content does not infringe any third-party copyright, trade mark, privacy, publicity, moral rights, confidentiality, defamation, consumer protection, or other legal rights.
The customer agrees not to submit content that is false, misleading, harmful, abusive, threatening, discriminatory, sexually explicit, defamatory, invasive of privacy, unlawful, or intended to embarrass, harass, manipulate, deceive, distress, or negatively affect another person.
The customer must not submit copyrighted lyrics, melodies, recordings, artist references, celebrity voice requests, brand materials, or third-party content unless the customer has the legal right to use and submit that content.
05Right to Reject, Modify, or Refuse Orders
Unsaid Melody is created for thoughtful, respectful, and meaningful personal expression.
We reserve the right to reject, cancel, refuse, or request changes to any order if we reasonably believe the request, content, lyrics, instructions, references, intended use, or surrounding circumstances may be harmful, offensive, abusive, misleading, defamatory, discriminatory, invasive of privacy, emotionally damaging, unlawful, or inconsistent with the purpose of Unsaid Melody.
We are not required to create content that we reasonably believe may harm, harass, embarrass, manipulate, deceive, or negatively affect another person.
We may edit, soften, rewrite, restructure, remove, or modify submitted wording to improve grammar, rhythm, musical quality, emotional tone, lyric flow, cultural suitability, legal safety, and suitability for the intended receiver.
By placing an order, the customer agrees that the final lyrics may not use the submitted words exactly as provided.
06Third-Party Creative and Production Tools
Unsaid Melody may use third-party creative, production, editing, sound, vocal, arrangement, hosting, delivery, or platform tools to help create and deliver songs.
We take reasonable care to use tools and account types that permit the intended use of outputs. However, the customer acknowledges that copyright protection, platform approval, monetisation approval, advertising approval, and freedom from all third-party claims cannot be guaranteed.
For high-risk commercial uses, including paid advertising, broadcast, brand campaigns, political content, public campaigns, major commercial releases, client work, or large-scale distribution, the customer should obtain independent legal advice before using the song.
07Revisions and Delivery
The customer is responsible for reviewing the final delivered song and notifying Unsaid Melody of any issue within the revision period stated at checkout, on the product page, or in the order confirmation.
Revisions are limited to reasonable changes within the scope of the original order.
A revision does not include a completely new song, new story direction, new receiver, new language, new genre, new vocal style, new commercial purpose, or major change to the original brief unless agreed separately.
Delivery times are estimates only unless expressly stated as guaranteed.
Unsaid Melody is not responsible for delays caused by incomplete customer information, unclear instructions, missing approvals, third-party platform issues, technical issues, payment issues, or events outside our reasonable control.
08Use After Delivery
After delivery, the customer is responsible for how the final song is used, shared, published, uploaded, distributed, presented, performed, monetised, or communicated to others.
Unsaid Melody is not responsible for the customer's use or misuse of the song after delivery, including any use that is misleading, offensive, defamatory, invasive of privacy, commercially unauthorised, unlawful, or in breach of any third-party platform rules.
The customer is responsible for checking whether their intended use is allowed by any platform, advertiser, publisher, broadcaster, event organiser, employer, client, copyright office, or third-party service before using the song.
Nothing in this clause excludes, restricts, or modifies any guarantee, right, or remedy under applicable consumer law that cannot be excluded.
09No Guarantee of Emotional, Commercial, or Platform Outcome
Unsaid Melody aims to create meaningful, thoughtful, and emotionally suitable songs based on the information provided by the customer.
However, we do not guarantee how any receiver, listener, audience, platform, family member, partner, friend, business, client, advertiser, publisher, broadcaster, copyright office, or third party will react to, approve, accept, monetise, or respond to the song.
We do not guarantee that the song will achieve any emotional, personal, relationship, social media, commercial, promotional, advertising, audience, or financial result.
The customer is responsible for deciding whether the song is appropriate to send, publish, perform, monetise, or share.
10Refunds, Cancellations, and Digital Delivery
Because each song is custom-made based on the customer's submitted information, refunds are not available once production has started, except where required by applicable consumer law.
If a customer requests cancellation before production has started, Unsaid Melody may provide a refund at its discretion.
If there is a problem with the service, the customer should contact Unsaid Melody within the stated revision or support period so we can assess the issue and, where appropriate, provide a reasonable correction, replacement, revision, or other remedy.
Nothing in this clause excludes, restricts, or modifies any rights, guarantees, remedies, or protections that cannot be excluded under applicable consumer law.
11Limitation of Liability
To the extent permitted by applicable consumer law, Unsaid Melody is not liable for any indirect, incidental, special, consequential, emotional, reputational, commercial, financial, legal, or platform-related loss arising from the customer's submission of content, use of the service, delivery of the song, or use, sharing, publication, distribution, presentation, performance, monetisation, or communication of the final song.
This includes disputes, complaints, emotional reactions, relationship issues, reputational harm, commercial loss, copyright claims, trade mark claims, privacy claims, defamation claims, platform takedowns, account restrictions, monetisation rejection, advertising rejection, or third-party objections arising from the customer's content or use of the final song.
Where liability for a consumer guarantee cannot be excluded, our liability is limited, where permitted by law, to supplying the service again or paying the cost of supplying the service again.
Nothing in these Terms excludes, restricts, or modifies any rights, guarantees, remedies, or protections that cannot be excluded under applicable consumer law.
12Customer Indemnity
The customer agrees to indemnify Unsaid Melody against any claim, loss, damage, cost, liability, or expense arising from:
- customer-submitted content;
- the customer's breach of these Terms;
- the customer's use, sharing, publication, distribution, performance, monetisation, or commercial use of the final song;
- any claim that customer-provided content infringes another person's rights;
- any unlawful, misleading, harmful, defamatory, offensive, privacy-invasive, or unauthorised use of the final song; or
- any use of the song outside the licence purchased by the customer.
The customer's indemnity is capped at the total amount paid for the relevant song, except for claims arising from the customer's infringement of third-party intellectual property rights, breach of confidentiality, privacy breach, unlawful conduct, fraud, intentional misuse, or use outside the licence purchased.
13Changes to Terms
Unsaid Melody may update these Terms from time to time.
The Terms that apply to a customer's order are the Terms available at the time the order is placed, unless a change is required by law or by a third-party platform used to provide the service.
Questions about these Terms?
Use our contact page before placing an order if you are unsure whether your intended use is personal or commercial.