Terms and Conditions for Custom Songs for Kids

​

Effective Date: 4/5/2025

These Terms of Service ("Terms") govern your use of our services, including our website and the custom song creation service provided by Go Kind Go Silly ("Company," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. Please read them carefully.

​

 

1. Eligibility

To use our service, you must be at least 18 years old. If you are under 18, you must have parental or guardian consent to use the service.

​

2. Customization Requests

Users can submit requests for custom songs based on the following parameters:

• Theme (e.g., birthday, learning, celebrations)

• Personalized information (e.g., child's name, interests, favorite activities)

• Preferred musical genre (e.g., pop, folk, rock)

We will do our best to accommodate the requested customization. However, we reserve the right to refuse requests that may be inappropriate, offensive, or otherwise in violation of these Terms, copyright laws or trademark laws. 

​

3. User Responsibilities

You agree to provide accurate and complete information when submitting your request for a custom song. You are responsible for ensuring that all content, including song details and personal information, is correct and appropriate for your intended use. You are also responsible for obtaining all necessary permissions and approvals for any content you provide to us.

​

4. Custom Song Creation Process

Once you place an order for a custom song, you will be asked to complete an online form providing details such as the song's theme, genre, and other specific instructions. Upon receiving the completed form, we will begin work on your custom song. You can expect delivery of the song within 4-6 days. If you have any special timing requests or need expedited service, please let us know.

​

5. Revisions

We strive to ensure you're delighted with your custom song. If you require a revision, we offer one free revision. Please contact us within 2-3 days of receiving your custom song to request this revision. Make sure to include specific details of the changes you would like, so we can make the necessary adjustments to meet your needs. After the free revision, any further changes may incur an additional fee. Please allow up to 7 business days for your revision request to be completed.

​

6. Refund Policy

Due to the customized nature of our products, we are unable to offer refunds once the song has been completed. However, we will work with you to ensure that the final product meets your expectations. If you are dissatisfied with the song after the revision process, please contact us, and we will make reasonable efforts to address your concerns.

 

7. Intellectual Property Rights

Upon full payment, you will receive a non-exclusive, non-transferable license to use the custom song for personal, non-commercial purposes.

 

Any commercial use, distribution, or modification of the song requires express written permission from Go Kind Go Silly.

While you may personalize the content of the song, we retain full ownership of the music composition, lyrics, and any underlying intellectual property. Any original music or lyrics created by us remain the property of Go Kind Go Silly.  Go Kind Go Silly retains ownership of the intellectual property rights to the song, including the right to display, distribute, or reproduce it in part or in whole, for promotional or commercial purposes.

 

8. Use of AI Technology

We blend creativity, AI technology, and human artistry to make every song special and meaningful. Our use of AI technology enhances the creative process, but we ensure that each custom song remains personalized, unique, and crafted to your specifications.

 

9. User Content

Certain aspects of the Site may allow you to submit or contribute materials to Go Kind Go Silly or the Site, including but not limited to certain lyrics, ideas, testimonials, and reviews ("User Content"). By contributing or submitting User Content, directly or indirectly, to Go Kind Go Silly or the Site, including by ways of emailing us and filling in web-forms on the Site regarding information relevant to us creating a musical work for you, you acknowledge that you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content.

You grant Go Kind Go Silly an irrevocable, royalty-free, perpetual, sub-licensable, transferrable, and worldwide right and license, without any obligation or liability to you whatsoever, to use User Content in any and all media in any format now known or hereinafter created, including the right to display, distribute, edit, exploit, modify, publicly perform, publish, reproduce, create derivative works, or otherwise use User Content: (i) as part of offering the Site; (ii) for the purposes of improving the Site and Go Kind Go Silly’s goods and/or services; (iii) for Go Kind Go Silly’s own advertising and promotional purposes, including placing any testimonials on the Site; and (iv) Go Kind Go Silly’s other business activities.

Without limiting the foregoing, the grant of rights includes the right for Go Kind Go Silly to use the name, image, and likeness of any individual embodied in the User Content. You additionally irrevocably waive the benefits of any provision of law known as "droit moral" or "moral rights" which you may have in User Content.

If you wish to keep User Content private or proprietary and for Go Kind Go Silly to not use the same, please do not contribute or transmit any User Content to Go Kind Go Silly.

 

10. Similarity to Other Works

While we take great care to ensure the uniqueness of every custom song, due to the nature of AI-generated content, there may be occasional similarities between the song created for you and other pre-existing works. By using our services, you acknowledge that we cannot guarantee absolute originality and agree not to hold Go Kind Go Silly liable for any claims arising from such similarities, including but not limited to copyright or intellectual property disputes.

​

11. Usage Restrictions

The custom song you receive from us is for personal use only, unless otherwise agreed upon in writing. You are not permitted to use the song for commercial purposes—such as selling, licensing, or promoting it—without obtaining a written commercial license from Go Kind Go Silly. Any unauthorized commercial use or modification of the song will result in the immediate termination of your rights and may lead to legal action.

​

12. Force Majeure

Go Kind Go Silly will not be held responsible for delays or failures to deliver services due to causes beyond our reasonable control, including but not limited to natural disasters, technical failures, government actions, strikes, or any other events that disrupt normal business operations.

​

13. Privacy and Data Protection

We are committed to protecting your privacy. Any personal information you provide us with will be used exclusively for the purpose of fulfilling your custom song order and will be handled in accordance with our Privacy Policy. By using our services, you consent to the collection and use of your data as described in our Privacy Policy.

 

14. Termination

You or Go Kind Go Silly may terminate this agreement at any time prior to the completion of the custom song. If you choose to cancel your order after we have already begun work on the song, you will forfeit any payments made. If we terminate the agreement, we will refund any amounts paid for work not yet completed.

​​

​

15. Prohibited Conduct

You agree not to:

• Use the service for any illegal, harmful, or offensive purpose.

• Violate any local, state, or national laws or regulations while using our services.

• Engage in any conduct that could damage, disable, or impair the website or service, or interfere with others’ use.

​

16. Limitation of Liability

To the fullest extent permitted by applicable law, Go Kind Go Silly shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages, including but not limited to lost profits, loss of data, or loss of business, arising from your use of the Site or services, whether based in contract, tort, negligence, or otherwise.

Unless otherwise permitted by applicable law, your sole remedy for dissatisfaction with the Site is to stop using the Site. If any part of this limitation of liability is found to be invalid, Go Kind Go Silly's aggregate liability will not exceed the greater of $1,000 or the total amount paid by you in the twelve (12) months preceding the event giving rise to the claim.

​

17. Indemnification

You agree to indemnify, defend, and hold harmless Go Kind Go Silly, its affiliates, subsidiaries, officers, employees, and partners from any claims, losses, or damages, including legal fees, arising out of or in connection with (i) your breach of these Terms, (ii) any User Content you submit, or (iii) your violation of any laws or third-party rights.

​

18. Dispute Resolution and Governing Law

Any dispute arising from these Terms will be governed by the laws of North Carolina, United States. You agree to attempt to resolve any disputes through informal negotiation, and if that fails, to resolve disputes via binding arbitration. The location of the arbitration will be [Location], and any legal action must take place in the appropriate courts of North Carolina, United States.

​

19. Use in United States

This Site is intended for use within the United States. We do not represent that the Site is appropriate for use in other countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for complying with local laws.

​

20. Amendments to Terms

Go Kind Go Silly reserves the right to update or modify these Terms of Service at any time. We will notify you of any significant changes through email or by posting an update on our website. By continuing to use the services after such changes, you agree to be bound by the revised Terms.

​

21. Compliance with Children’s Content Laws

Our custom songs are designed with children in mind. We comply with all relevant child protection laws, including COPPA (Children’s Online Privacy Protection Act), and do not collect personal information from children under 13 without parental consent. By submitting an order, you confirm that you are either the parent, legal guardian, or an authorized adult (such as a relative) placing the order for the child. If you are ordering on behalf of a child who is not your own, you confirm that you have obtained the necessary consent from the child’s parent or legal guardian.

 

22. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us by visiting the Contact Us section of our website or click here.   

 

 

By using our service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Thank you for taking the time to read our Terms and Conditions for our Custom Song Kids.