Terms of Service

1. General Provisions

1. These Terms of Service ("Terms") govern the use of the Heart Song platform, accessible at nutazserca.pl (the "Service").
2. The Service is owned and operated by IT Consulting Wojciech Olearczyk, a business registered in Poland (the "Provider").
3. By using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
4. The Service enables the creation of personalized AI-generated songs ("Products") based on your specifications, delivered as downloadable digital files (MP3).

2. Definitions

• Customer — any individual who uses the Service and places an Order.
• Order — a request to create a personalized song through the Service.
• Product — a personalized song in digital format (MP3), created using artificial intelligence technology based on the Customer's Order.
• Gift Page — a unique webpage within the Service where the recipient can listen to and download the Product.

3. Eligibility and Acceptable Use

1. You must have access to an internet-connected device and a modern web browser to use the Service.
2. You agree to provide accurate and truthful information when placing an Order.
3. You may not use the Service in any manner that violates applicable laws or the rights of third parties.
4. You may not use the Service to generate content that is obscene, hateful, violent, discriminatory, or that infringes upon the intellectual property rights of others.
5. The Service is available to customers worldwide. You are responsible for complying with the laws of your jurisdiction when using the Service.

4. Orders and Payment

1. Orders are placed by completing the song creation form on the Service and making a payment.
2. Prices are displayed in your local currency at checkout and include all applicable taxes where required by law. The final amount charged to your payment method is the amount shown at checkout.
3. All payments are processed securely through Stripe, Inc. The Provider does not store your payment card details.
4. Once payment is confirmed, your Order is queued for processing. You will receive a unique Order ID to track the status of your Order.
5. Typical delivery time is within 5 minutes of successful payment.

5. Service Delivery

1. The Product is created using artificial intelligence technology based on the information you provide (relationship, occasion, music genre, personal memories, names).
2. The Provider makes reasonable efforts to deliver a Product that meets your expectations as expressed in the order form. Due to the generative nature of AI technology, the Provider cannot guarantee a specific artistic outcome.
3. The primary deliverable is the Product in MP3 format, available for download. The Product is also accessible via a unique Gift Page within the Service.
4. Online playback through the Gift Page is a technical feature provided for previewing and sharing the Product and does not constitute a separate streaming service.
5. You may download the Product (MP3 file) and share it in accordance with the license terms set out in Section 6.

6. Intellectual Property and License

1. Upon delivery, you are granted a non-exclusive, worldwide, perpetual license to use the Product for personal, non-commercial purposes, including playback, storage, and sharing with family and friends.
2. You acknowledge that the Product is generated using artificial intelligence (AI) technology. The Product may not qualify for copyright protection under applicable law in your jurisdiction.
3. The Provider has the rights to commercially use and distribute the Product under agreements with the AI technology provider. The Provider does not transfer ownership of any copyright in the Product to the Customer.
4. The software, source code, visual design, and algorithms that constitute the infrastructure of the Service are the intellectual property of the Provider. You acquire only the Product (MP3 file), not any rights to the underlying technology.
5. You may not use the Product to compete with the Provider, including reselling the Product to third parties.
6. You may not resell, publicly perform for commercial gain, distribute digitally (e.g., on streaming platforms), or use the Product for business purposes without the prior written consent of the Provider.

7. 7-Day Money-Back Guarantee

1. The Provider offers a 7-Day Money-Back Guarantee (the "Guarantee") from the date of payment.
2. Under the Guarantee, you may cancel your Order and receive a full refund for any reason, provided you submit your cancellation request within 7 calendar days of payment.
3. To request a refund, please email kontakt@nutazserca.pl with your Order ID and payment details.
4. Refunds will be issued to the original payment method within 7 business days of confirmation.
5. The Guarantee covers the base order and does not extend to optional add-ons (lyric video, music video, Spotify publication).
6. After the 7-day period, the Guarantee expires and no refund is due, except as provided in Section 8.
7. The Guarantee applies once per Order. Placing a new Order for the same Product does not restart the Guarantee period.

8. Complaints

1. Separately from the Guarantee, you have the right to file a complaint if the Service was not performed properly.
2. Complaints can be submitted by email to kontakt@nutazserca.pl.
3. Your complaint should include: your Order ID, a description of the issue, and the resolution you are seeking.
4. Complaints will be reviewed and resolved within 14 business days of receipt.
5. If your complaint is justified (e.g., a technical error preventing playback, or the Product does not match the Order specifications), the Provider may offer: re-creation of the Product, lyric corrections, or a refund.

9. Limitation of Liability

1. The Provider makes reasonable efforts to ensure the Service operates correctly but does not guarantee uninterrupted or error-free operation.
2. The Provider is not liable for interruptions caused by technical issues, maintenance, or force majeure events.
3. The Provider is not responsible for the content of the information you provide in the order form.
4. The Provider's total liability for any claim arising out of or in connection with the Service is limited to the amount you paid for the relevant Order.
5. Nothing in these Terms excludes or limits the Provider's liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited by applicable law.

10. Data Protection

1. The data controller for your personal data is IT Consulting Wojciech Olearczyk.
2. For detailed information on how your personal data is collected, used, and protected, please see our Privacy Policy.
3. Personal data is processed in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and other applicable data protection laws.

11. Governing Law and Disputes

1. The Provider reserves the right to modify these Terms. Changes will be communicated through the Service.
2. These Terms are governed by and construed in accordance with the laws of Poland.
3. If you are a consumer in the European Union, you also benefit from any mandatory provisions of the consumer protection laws in your country of residence. Nothing in these Terms affects your rights as a consumer under applicable local law.
4. If you are an EU consumer, you may also make use of the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
5. Any disputes that cannot be resolved amicably shall be submitted to the courts of competent jurisdiction in Poland, subject to any overriding mandatory consumer protection provisions in your jurisdiction.
6. These Terms take effect upon publication on the Service.