Terms of service

Last updated: March 2, 2026

OVERVIEW
Welcome to Poema Songs! The terms “we”, “us” and “our” refer to Poema Songs. These Terms of Service (“Terms”) govern your access to and use of our store and website, including related content, features, tools, products and services (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

By visiting or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

1. ELIGIBILITY & ACCOUNTS
You must be the age of majority in your jurisdiction to use the Services. You are responsible for your account credentials and all activity under your account. Provide accurate, current, and complete information and keep it updated.

2. ORDERS, PRICING & SUBSCRIPTIONS
Placing an order is an offer to buy; we may accept or decline at our discretion. Prices, promotions, and availability may change without notice. Taxes, shipping and fees are shown at checkout unless otherwise stated. If offered, subscription plans renew automatically until cancelled per plan terms; you can cancel anytime in your account (future periods only).

3. SERVICE DESCRIPTION (PERSONALIZED SONGS)
We provide questionnaires designed to capture your instructions, preferences, and creative direction for the purpose of producing a personalized song.

Based on your responses, we generate lyrics, melodies, vocal performances, previews, and final audio files using a combination of artificial intelligence systems and automated production processes.

AI-Generated Content Disclaimer

Our personalized songs are created using artificial intelligence (“AI”) systems together with the information you provide (“User Inputs”).

The AI systems generate lyrics, melodies, vocal performances, arrangements, and previews dynamically based on patterns learned from generalized training data and your questionnaire responses.

AI systems operate probabilistically and do not “understand” content in a human sense.

Because AI is generative in nature:

• Creative results may vary from one generation to another;
• Outputs are influenced by probabilistic systems and may not reflect every specific preference or instruction exactly as envisioned;
• Some outcomes may be unexpected, stylistically subjective, or open to interpretation;
• We do not guarantee that outputs will be unique, exclusive, or free from similarities to other works generated by AI systems.

Any resemblance to existing works or individuals is unintentional and coincidental.

Digital Product Nature & Purchasing Decision

Personalized songs are creative works and inherently subjective in nature. Satisfaction may vary depending on individual taste, artistic interpretation, and personal expectation.

Before any purchase is required, you are provided with a complimentary 60-second preview to assist your purchasing decision.

The preview is intended to demonstrate the overall style, tone, arrangement, vocal direction, and structural composition of the final song.

By purchasing the full-length version, you acknowledge and agree that:

• The preview represents the core musical direction and structure of the final work;
• The final version will expand upon the preview with extended sections consistent in style and arrangement;
• Minor variations in mixing, mastering, vocal delivery, or arrangement may occur;
• You are purchasing a customized digital creative product generated using AI systems based on your provided inputs;
• Your purchase constitutes acceptance of the creative direction demonstrated in the preview.

4. LICENSE TO DELIVERED SONG

Ownership

Unless otherwise stated in writing, all intellectual property rights in the final song — including the composition, lyrics, melodies, vocal performances, master recording, production elements, and underlying creative output — are owned by Poema Songs or its licensors.

No ownership rights are transferred to you.

Personal License

Subject to full payment, you receive a personal, non-exclusive, non-transferable, non-sublicensable, non-commercial license to use the final song for personal purposes only.

Permitted Personal Uses

You may:

• Gift the song to the intended recipient;
• Listen privately;
• Share or post the song on personal, non-monetized social media accounts;
• Use the song in personal events (e.g., weddings, birthdays, anniversaries) where no commercial exploitation occurs.

Prohibited Uses

You may not:

• Resell, redistribute, sublicense, or commercially exploit the song;
• Claim authorship or ownership of the composition, lyrics, vocals, or master recording;
• Register the song with any copyright office, performing rights organization (PRO), or content identification system;
• Upload the song to commercial streaming platforms (e.g., Spotify, Apple Music, YouTube Content ID, Amazon Music) without a commercial license;
• Use the song in advertising, branded content, paid promotions, business activities, or monetized channels;
• Create derivative works for commercial release.

For commercial licensing inquiries, please contact us.

5. ACCEPTABLE CONTENT
You agree not to submit content that is unlawful, harmful, hateful, harassing, pornographic, infringing, or otherwise objectionable; or that violates the rights of others. We may refuse or remove content that breaches these Terms.

5.1 User Responsibility for Questionnaire Responses (“User Inputs”)
You are solely responsible for the information, descriptions, stories, instructions, and other content you provide through our questionnaires (“User Inputs”).

You represent and warrant that your User Inputs:
• do not infringe intellectual property rights;
• do not violate privacy, publicity, or personality rights;
• do not request or encourage the imitation of any real singer, celebrity, public figure, or identifiable individual;
• relate only to individuals whose information you are permitted to disclose.

5.2 AI Voice-Likeness Restrictions (No Artist Imitation)
To comply with right-of-publicity laws and protect real individuals, you may not use the Services to:

• request vocals that imitate, resemble, or could reasonably be perceived as the voice, style, tone, mannerisms, or unique traits of any real singer, celebrity, public figure, or identifiable person;
• reference artists or vocalists in a way that suggests imitation;
• submit instructions such as “make it sound like [artist name]”;
• attempt to replicate any copyrighted or recognizable musical performance.

We reserve the right to block, modify, or refuse User Inputs or generated outputs that violate these restrictions. Automated and human moderation measures may be used to enforce these rules.

6. PAYMENTS & REFUNDS
You may complete the questionnaire and receive draft lyrics and a 60-second preview at no cost.

Payment is required only to access and download the full-length version of your personalized song.

By placing an order, you represent that you are authorized to use the selected payment method and that all payment information provided is accurate and complete.

Digital Delivery

Delivery of the full song occurs when download access is granted, when the file is made available in your account.

Once digital delivery has occurred, the product is deemed delivered.

No Refunds After Delivery

Because personalized songs are custom digital goods created specifically for you based on your submitted inputs, purchases are non-refundable once digital delivery has occurred, except where required under applicable consumer protection laws.

Change of mind, subjective dissatisfaction, or personal preference does not constitute grounds for a refund.

Preview & Purchasing Decision

You are provided with a complimentary preview prior to purchase to evaluate the overall musical direction, style, and structure.

By completing payment, you acknowledge that you are satisfied with the creative direction demonstrated in the preview.

Fraud & Chargebacks

Initiating a payment dispute or chargeback after receiving digital delivery without valid legal grounds may constitute a breach of these Terms.

We reserve the right to:

• Contest improper chargebacks;
• Suspend or terminate accounts associated with fraudulent activity;
• Revoke licenses granted under Section 4;
• Pursue recovery of funds and related costs to the extent permitted by law.

Consumer Law Rights

Nothing in this section excludes, restricts, or modifies any non-excludable consumer guarantees or rights under applicable law, including the Australian Consumer Law.

Please refer to our Refund Policy for full details.

7. EU/UK DIGITAL CONTENT NOTICE
If you are located in the European Union or the United Kingdom, you have a statutory right to withdraw from certain digital purchases within 14 days.

However, by purchasing a personalized song, you:

• expressly consent to the immediate commencement of creation and digital delivery of the personalized digital content; and
• acknowledge and agree that you lose your statutory right of withdrawal once performance of the digital service has begun.

Accordingly, once creation and digital delivery of your personalized song have commenced, your right of withdrawal no longer applies.

This does not affect your statutory rights if the digital content is defective, not as described, or fails to conform with applicable consumer protection laws.

8. DELIVERY; SHIPPING RISK

Digital Products

For personalized songs and other digital products, delivery occurs when download access is granted or when the file is made available in your account or via email link.

You are responsible for downloading and securely storing your purchased files after delivery. While we may provide access for a limited period, we do not guarantee indefinite storage or permanent hosting unless explicitly stated in your plan.

We are not responsible for loss of access due to:

  • Expired links,

  • Deleted accounts,

  • Email delivery issues outside our control,

  • Failure to download or back up your file after delivery.

Physical Products (If Applicable)

For any physical goods offered (such as printed materials or hardware add-ons), delivery times are estimates and may vary due to factors beyond our reasonable control, including third-party carriers and supply chain delays.

Title and risk of loss pass to you when we hand the physical item to the carrier.

9. FEEDBACK
If you submit feedback, you grant us a perpetual, worldwide, royalty-free, sublicensable license to use it to improve and promote the Services.

10. PROHIBITED USES
You must not misuse the Services (e.g., reverse engineer, interfere with security, spam, scrape, or infringe IP). We may suspend or terminate access for violations.

11. RELATIONSHIP WITH SHOPIFY
Our store is hosted by Shopify. Purchases are made directly with Poema Songs. Shopify is not responsible for our sales or your transactions with us. See Shopify’s privacy information here: Shopify Consumer Privacy Policy.

12. PRIVACY
Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, store, and protect your personal information.

By using the Services, you acknowledge and agree that:

  • We collect and process the information you provide through our questionnaires (“User Inputs”) to generate your personalized song;

  • Your User Inputs may be processed by third-party service providers, including artificial intelligence providers, hosting providers, payment processors, and platform providers, solely for the purpose of delivering the Services;

  • We may store questionnaire responses and generated outputs for operational, legal, quality control, fraud prevention, dispute resolution, and service improvement purposes;

  • We implement reasonable technical and organizational measures to protect your information.

We do not sell your personal information.

For full details about data handling practices, retention periods, international transfers, and your rights, please review our Privacy Policy.

13. ERRORS, INACCURACIES & OMISSIONS
Occasionally information on the Services may contain typographical errors or omissions (e.g., product descriptions, pricing, availability). We may correct or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you submit an order).

14. DISCLAIMER
Except as required under applicable consumer protection laws, the Services and deliverables are provided “as is” and “as available.” We do not guarantee uninterrupted or error-free operation or that every song will meet your exact expectations.

15. LIMITATION OF LIABILITY
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or business opportunity arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.

To the extent permitted by law, our total aggregate liability arising out of or related to any purchase or use of the Services will not exceed the total amount you paid to us for the specific product giving rise to the claim.

Nothing in these Terms excludes, restricts, or modifies any consumer rights or remedies that cannot be excluded under applicable law, including the Australian Consumer Law.

16. INDEMNITY

You agree to indemnify, defend, and hold harmless Poema Songs, its affiliates, directors, officers, employees, contractors, and service providers from and against any claims, demands, actions, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:

  • Your breach of these Terms;

  • Your misuse of the Services;

  • Your User Inputs, including any allegation that your submissions infringe intellectual property, privacy, publicity, or other rights of any third party;

  • Your violation of any applicable law or regulation.

We reserve the right, at our own expense, to assume exclusive control of the defense and settlement of any matter subject to indemnification, and you agree to cooperate with us in defending such claims.

17. TERMINATION
We may suspend or terminate your access to the Services at any time for any reason. Sections that by their nature should survive termination (including IP, license, feedback, disclaimer, limitation of liability, indemnity, severability, waiver/entire agreement, assignment, governing law) will survive.

18. SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force to the maximum extent permitted by law.

19. WAIVER; ENTIRE AGREEMENT
Our failure to enforce a provision is not a waiver. These Terms and the policies referenced herein constitute the entire agreement between you and us for the Services.

20. ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign or transfer them without notice.

21. FORCE MAJEURE
We are not liable for delays or failures caused by events beyond our reasonable control (e.g., outages, labor disputes, acts of God, actions of third-party platforms).

22. CONSUMER RIGHTS
Nothing in these Terms affects any rights you may have under applicable consumer protection laws in your country of residence. In the EU/UK, digital content purchases may come with statutory rights which apply in addition to our policies.

23. GOVERNING LAW
These Terms are governed by the laws of Western Australia, Australia, without regard to conflict-of-laws rules.

You submit to the exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia.

24. CHANGES
We may update these Terms from time to time. If we make material changes, we will provide notice as required by law. The date at the top of these Terms indicates the most recent update. Your continued use after changes take effect constitutes acceptance.

25. CONTACT
Questions about these Terms of Service should be sent to us at support@poemasongs.com.

Operated by:
Kala-X Technology Pty Ltd
ABN: 69 657 707 143 (ACN: 657 707 143)
Registered Office: C/- Carter Shrigley Johnson Pittorini Pty Ltd, Suite 1, 163 Canning Highway, East Fremantle WA 6158, Australia