Terms of Use

1. Introduction & Acceptance of Terms

These Terms of Use (“Terms”) govern your access to and use of the Happy Heart Songs website, services, and any related products provided by UpBeats Media, the parent company behind Happy Heart Songs (“Happy Heart Songs,” “we,” “us,” or “our”). By accessing our website or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms.

For purposes of these Terms, “Site” refers to the Happy Heart Songs website and any services, pages, or features we make available through it.

If you do not agree to these Terms, please discontinue use of the Site and do not place an order.

Your use of the Site is subject to these Terms, and we reserve the right to limit or discontinue access if necessary to protect our services or users.

2. Changes to These Terms

We may update or modify these Terms from time to time. Any changes will be posted on this page with an updated “Last Updated” date. Your continued use of the Site after changes have been posted constitutes your acceptance of the revised Terms.

We may also update, modify, or discontinue certain features, services, or content of the Site as needed to improve your experience or maintain the quality of our offerings. If you do not agree to updated Terms, please discontinue use of the Site.

3. Purpose of the Site

The purpose of this Site is to provide a place where you can commission a personalized Happy Heart Song and access the related services, materials, and features offered by Happy Heart Songs. These services may include submitting information to help create your song, communicating with us if clarification is needed, receiving your completed song and personalized page, and accessing additional resources or support related to your purchase.

All songs created through Happy Heart Songs are intended for personal, non-commercial use unless you obtain written permission or a separate commercial license from us.

4. Restrictions on Use of the Site

We grant you a limited, non‑exclusive, revocable license to access and use the Site for lawful purposes and in accordance with these Terms. Your permission to use the Site may be suspended or terminated at our discretion at any time.

To protect the integrity, security, and proper functioning of the Site and services, you agree that you will not:

• submit any information that is false, unlawful, threatening, abusive, discriminatory, defamatory, obscene, or otherwise inappropriate;

• attempt to interfere with or compromise the security, functionality, or performance of the Site in any way;

• attempt to gain unauthorized access to any part of the Site, other users’ information, or any systems or networks connected to the Site;

• copy, reproduce, distribute, publicly display, or create derivative works from the Site’s content except as expressly permitted by these Terms;

• use data‑mining tools, bots, scraping technology, or similar automated methods to access, collect, or use content from the Site;

• reverse‑engineer, decompile, or disassemble any part of the Site;

• use the Site or any Happy Heart Songs materials, audio, lyrics, designs, or other content for commercial purposes unless expressly permitted by us in writing.

Violations may result in suspension or termination of access, and in some cases may require additional action to protect our services or users.

We may take any action we deem necessary, including suspending or terminating access, if we believe your use of the Site violates these Terms or poses a risk to our services, customers, or intellectual property.

5. Submitted Information and CAN‑SPAM

You agree that all information you provide to Happy Heart Songs, whether through forms on the Site, email, or any other method, is accurate, complete, and truthful, and that it reflects your own submissions and intentions. This includes the personal stories, details, and any materials you provide to help us create your custom song.

By providing your email address, you consent to receive communications from us related to your order, your account, or the operation of the Site. These communications may include order updates, delivery notifications, customer support responses, and other necessary service messages permitted under the CAN‑SPAM Act.

You agree that electronic communications from us satisfy any legal requirement that such communications be in writing. You may opt out of non‑essential promotional emails at any time. Please note, service‑related emails will continue as long as your order or account requires them.

6. Submission of Content

To create your custom Happy Heart Song, you may provide personal stories, descriptions, preferences, photos, audio files, or other materials (“Content”). You are solely responsible for the accuracy, originality, and appropriateness of the Content you submit.

By submitting Content, you represent and warrant that:

• you own or have permission to use all Content you provide;

• your Content does not violate any laws or infringe upon the rights of others;

• your Content does not contain harmful, defamatory, obscene, harassing, discriminatory, or otherwise inappropriate material;

• your Content does not contain malware, viruses, or harmful code.

You grant Happy Heart Songs permission to use your Content solely for the purpose of creating your song and related materials. This includes revising, adapting, or incorporating portions of your submitted stories, phrases, or descriptions into the lyrics, and using your submitted photos or media on your private, personalized song page. This permission also allows us to deliver your completed song and assist you as needed throughout the process. We will not use your personal stories, photos, or submitted materials for marketing or promotional purposes unless you give explicit written permission.

We reserve the right to decline or remove any Content submitted to the Site that violates these Terms or that we find inappropriate, unsafe, or incompatible with the spirit of Happy Heart Songs.

7. Customer Services and Obligations

You become a Customer of Happy Heart Songs when you complete the online ordering process, submit payment, and your order is accepted by us. Once your order is confirmed, Happy Heart Songs will begin the process of creating your custom song based on the details and materials you provide.

We reserve the right to decline any order or specific content that violates these Terms or that we determine is inappropriate, unsafe, or not aligned with the values of Happy Heart Songs.

As a Customer, you agree to:

• provide accurate, complete, and timely information needed to create your song;

• respond promptly to any clarification requests, since delays in communication may affect your estimated delivery timeframe;

• use your completed song in accordance with the personal-use license described in these Terms.

Upon completion of your song, you will receive a personalized song page that includes access to your digital download. The song and related materials are delivered digitally; no physical products are included at this time.

8. Disclaimer of Warranties

THE SITE, ITS CONTENT, AND ALL SERVICES PROVIDED THROUGH HAPPY HEART SONGS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE, THE ACCURACY OF ITS CONTENT, OR THE PERFORMANCE, RELIABILITY, OR RESULTS OF ANY SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, HAPPY HEART SONGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT THE SITE WILL BE SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY COMMUNICATIONS FROM US WILL BE FREE FROM TECHNICAL ISSUES.

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPY HEART SONGS IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HAPPY HEART SONGS, UPBEATS MEDIA, AND THEIR OWNERS, EMPLOYEES, CONTRACTORS, OR PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, EMOTIONAL DISTRESS, INTERRUPTION OF SERVICE, OR OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE ORDER IN QUESTION.

YOU AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION APPLY EVEN IF THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, MISCONDUCT, ERROR, INTERRUPTION, FAILURE, OR ANY OTHER THEORY OF LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Happy Heart Songs, UpBeats Media, and their respective owners, employees, contractors, and partners from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:

• your use or misuse of the Site or services;

• your breach of any part of these Terms;

• any Content you submit, including claims that such Content infringes upon or violates the rights of a third party;

• your violation of any applicable law.

This indemnification obligation survives the delivery of your song, the completion of services, and any termination of your access to the Site or your personalized song page.

11. Copyrights and Trademarks

All trademarks, logos, service marks, brand elements, designs, and other identifiers associated with Happy Heart Songs™ or UpBeats Media™ are the property of their respective owners and are protected by applicable intellectual property laws.

Except for the Content you submit (which remains yours), all materials on the Site, including text, images, graphics, artwork, audio clips, video, design elements, and the overall layout and appearance, are owned by Happy Heart Songs or licensed to us, and may not be copied, reproduced, distributed, modified, or publicly displayed without our express written permission.

The songs we create, including the music, the lyrics (whether inspired by the Content you provide or written entirely by us), the recordings, arrangements, and all related creative elements, are original works owned by Happy Heart Songs. When you purchase a custom song, you receive a personal use license as described in these Terms, and you do not receive ownership of the song. If you purchase lyric art or any related visual materials, those designs are also owned by Happy Heart Songs and are licensed to you for personal use only, unless otherwise agreed in writing.

12. Copyright Infringement Claims

Happy Heart Songs respects the intellectual property rights of others and complies with applicable laws regarding such rights. If you believe that any material on the Site infringes upon a copyright you own or control, you may submit a notification of claimed infringement.

To be effective, your notification must include the following information:

• your physical or electronic signature;

• identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved;

• identification of the material that is claimed to be infringing, with enough detail for us to locate it on the Site;

• your contact information, including your address, telephone number, and email address;

• a statement that you have a good‑faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

You may send this notification to us at: info[at]upbeatsmedia[dot]com.

If we receive a valid notification, we will take appropriate action, which may include removing or disabling access to the allegedly infringing material.

13. Privacy Policy

Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, store, and protect your personal information. By accessing the Site or submitting any information, you acknowledge that you have reviewed and agree to the Privacy Policy.

The Privacy Policy is available at: happyheartsongs.com/privacy.

14. Third-Party Sites

The Site may contain links to third-party websites or services that are not owned or controlled by Happy Heart Songs. These links are provided for your convenience, and their presence does not imply endorsement, approval, or affiliation.

We are not responsible for examining or evaluating the content, accuracy, policies, practices, or security of any third-party sites. Your interactions with those sites are governed by their own terms and privacy policies, and we encourage you to review them before engaging with those services.

Happy Heart Songs is not liable for any damages or losses arising from your use of, or reliance on, any third-party websites, products, or services.

15. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain fully valid and effective. Each provision of these Terms is intended to stand alone, and the invalidity of one provision does not affect the enforceability of the others.

16. Assignability

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so without consent will be void.

We may assign or transfer our rights and obligations under these Terms, in whole or in part, at any time and without notice, including to a parent company, subsidiary, successor, or third party in connection with a merger, acquisition, or corporate restructuring. Any such assignment will not affect your rights under these Terms.

17. Waiver and Force Majeure

Failure by Happy Heart Songs to enforce any provision of these Terms does not constitute a waiver of that provision or of our rights to enforce it later. Any waiver must be in writing and signed by us to be valid.

Happy Heart Songs is not liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from events or circumstances beyond our reasonable control. These events may include natural disasters, acts of God, fire, flood, storms, war, terrorism, civil unrest, labor disputes, power outages, internet interruptions, equipment failures, governmental actions, or other unforeseen events that make performance impracticable or impossible.

18. Resolution of Disputes

These Terms, and any dispute or claim related to your use of the Site or services, are governed by the laws of the State of California, without regard to its conflict‑of‑law principles.

If a legal action is necessary, you agree that it will take place exclusively in the state or federal courts located in California. By using the Site, you agree to the jurisdiction and venue of these courts.

19. Refund and Revision Policy

Every Happy Heart Song is custom‑made based on the personal details you provide, which means it cannot be resold or reused for another customer. Because of the deeply personalized nature of our work, all sales are final.

Cancellations

Every Happy Heart Song is written with care, polished with professional quality, and made just for you.

If you are unsure whether a Happy Heart Song is the right fit, we encourage you to review the survey questions first. You may request a refund any time before you submit your survey answers.

Once you submit your answers, creation begins. At that point, your order becomes non‑refundable because your custom song is already in progress.

Revisions

Music is highly personal, and each song is crafted with care to reflect your stories and the information you provide. We offer minor revisions under the following guidelines:

• If we make an error (such as incorrect names, misheard details, technical issues, or a delivery that does not match what was outlined in your order), we will correct the issue at no additional charge.

• Since the music is created as a complete, expressive piece, musical elements, such as the melody, arrangement, or overall style, are not revisable.

• If your request involves changes based on personal preference, style, tone, or new information not included in the original submission, a revision fee may apply. Fees depend on the scope of the changes and will be communicated before any work begins.

What We Promise to Deliver

We guarantee that your custom Happy Heart Song will include:

• a fully customized, one‑of‑a‑kind song created from the details you provide,

• professional production with an approximate length of 2–4 minutes,

• delivery as a digital MP3 file accessible anytime through your personalized listening page,

• a dedicated personal page with streaming and download access,

• standard delivery is typically 7–10 days, although timelines may vary based on order volume or the response time needed for clarification.

If you believe any of these elements are missing or incorrect, please notify us within one week of receiving your song so we can address the issue.

20. Contact Information

If you have questions about these Terms or need help with your Happy Heart Song, you can reach us anytime at: info[at]upbeatsmedia[dot]com.