Terms of Service

1. Acceptance of Terms

Welcome to Sing Me Happy Birthday Ltd ("we," "us," "our," or the "Company"). By accessing or using our website, mobile applications, and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

By using our Service, you represent that you are at least 18 years old or have parental consent to use the Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Sing Me Happy Birthday provides AI-powered personalized birthday greeting services, including:

• Singing Selfie Cards: Animated videos featuring AI-generated singing performances with face animation technology
• Face Swap Cards: Videos with face-swapping and animation technology applied to pre-existing templates
• Birthday Slideshows: Personalized video slideshows with music
• Free Birthday Cards: Basic greeting card services

All content created through our Service remains the property of Sing Me Happy Birthday Ltd as detailed in Section 5.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Service, you must create an account. You may register using:

• Email and password
• Google Sign-In
• Facebook Login

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and complete information

3.3 Account Restrictions

You may not:

• Create multiple accounts for fraudulent purposes
• Share your account with others
• Use automated systems to create accounts
• Impersonate others or provide false information

4. User Content and Submissions

4.1 Your Submissions

When you upload photos, enter names, messages, or other content ("User Submissions") to our Service, you:

• Retain ownership of the original photos you upload
• Grant us a limited license to process your submissions solely for the purpose of creating your requested video
• Represent that you have the right to upload such content
• Acknowledge that uploaded photos are automatically deleted after 24 hours

4.2 Content Requirements

You agree that your User Submissions will not:

• Violate any third-party rights, including copyright, trademark, or privacy rights
• Contain images of individuals without their consent
• Include inappropriate, offensive, or illegal content
• Be used for commercial purposes without our written consent

4.3 Limited License for Processing

By uploading content, you grant us a limited, non-exclusive license to:

• Process your photos through our AI systems to create the requested video
• Temporarily store your uploads for up to 24 hours
• Transmit your content to our third-party service providers (Hedra, ShotStack) solely for video creation

This license automatically expires when your content is deleted from our systems.

5. Intellectual Property Rights

5.1 Our Ownership

All videos, music, artwork, templates, and final products created through our Service are and remain the exclusive property of Sing Me Happy Birthday Ltd. This includes but is not limited to:

• All singing selfie videos
• All face swap videos
• All birthday slideshow videos
• All music tracks and audio content
• All visual templates and designs
• All AI-generated enhancements and backgrounds
• The compilation and arrangement of User Submissions with our proprietary content

5.2 Limited Personal Use License

Upon successful payment, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• View and share the created videos for personal, non-commercial purposes
• Download the videos for personal backup
• Share the videos on social media for personal celebration purposes

5.3 Restrictions on Use

You may NOT:

• Sell, rent, lease, or commercially exploit any videos created through our Service
• Use the videos for advertising or promotional purposes without our written consent
• Modify, create derivative works, or remove our branding/watermarks
• Claim ownership or copyright over any videos or music
• Extract or use the music tracks separately from the videos
• Reverse engineer or attempt to access the underlying AI models or source code
• Use the videos in any way that violates these Terms or applicable laws

5.4 Artist Royalties

Our Service includes music created by various artists. We have agreements in place to compensate these artists through our royalty system. The music remains the property of Sing Me Happy Birthday Ltd and/or the respective artists.

6. Prohibited Uses

You agree not to use our Service to:

• Create content that is defamatory, harassing, or threatening
• Impersonate others or create deepfakes for malicious purposes
• Upload photos of individuals without their consent
• Create content involving minors without parental consent
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Spread misinformation or engage in fraud
• Attempt to circumvent our security measures or payment systems
• Use automated systems or bots to access our Service
• Resell or commercially exploit our Service without authorization
• Create content for political campaigns or commercial advertising
• Generate content that could damage our reputation or brand

7. Payment Terms and Credits

7.1 Credit System

Our Service operates on a credit-based system:

• Credits are purchased in packages through our pricing plans
• Different products require different amounts of credits
• Credits do not expire but are non-refundable
• Credits have no cash value and cannot be exchanged for money

7.2 Pricing and Payment

All payments are processed securely through Stripe. By making a purchase:

• You agree to pay the fees as displayed at the time of purchase
• All prices are in USD unless otherwise specified
• Prices may change at any time, but changes won't affect existing credit balances
• You are responsible for any applicable taxes

7.3 Refund Policy

Due to the digital nature of our Service:

• All sales are final and non-refundable
• We do not offer refunds for unused credits
• We do not offer refunds if you're dissatisfied with AI-generated results
• Exceptions may be made at our sole discretion for technical failures on our end

8. AI-Generated Content

8.1 Nature of AI Services

Our Service uses artificial intelligence and machine learning technologies. You understand and acknowledge that:

• AI-generated content may not always meet your expectations
• Results can vary based on input quality and AI model limitations
• We do not guarantee specific outcomes or quality levels
• AI models may occasionally produce unexpected or imperfect results

8.2 No Warranty on AI Output

All AI-generated content is provided "AS IS" without any warranties. We do not guarantee that:

• The output will be error-free or meet specific quality standards
• Face swaps will be perfectly realistic
• Face animations will perfectly match mouth movements
• Singing animations will perfectly sync with audio
• AI-generated backgrounds will match your expectations

8.3 Your Responsibility

You are solely responsible for:

• Reviewing all AI-generated content before sharing
• Ensuring the content is appropriate for your intended use
• Any consequences arising from your use of the content

9. Third-Party Services

Our Service integrates with third-party providers including:

• Hedra: For AI animation and singing selfie generation
• ShotStack: For video compilation and editing
• Stripe: For payment processing
• AWS: For storage and infrastructure
• Google/Facebook: For authentication services

Your use of these integrated services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of third-party services.

10. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy and Cookie Policy. By using our Service, you consent to our data practices as described in these policies.

Key privacy commitments include:

• Uploaded photos are automatically deleted after 24 hours
• We do not sell your personal information
• We use encryption and security measures to protect your data
• You can request deletion of your account and associated data

11. Disclaimers and Warranties

11.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We do not guarantee that:

• The Service will be uninterrupted or error-free
• Defects will be corrected in a timely manner
• The Service will meet your specific requirements
• Results will be accurate or reliable

11.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• QUIET ENJOYMENT

12. Limitation of Liability

12.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SING ME HAPPY BIRTHDAY LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, OR GOODWILL
• ANY DAMAGES EXCEEDING THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS

12.2 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the limitations of liability and disclaimers of warranties set forth herein, and that the same form an essential basis of the bargain between us.

13. Indemnification

You agree to indemnify, defend, and hold harmless Sing Me Happy Birthday Ltd, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your violation of these Terms
• Your violation of any third-party rights
• Your use or misuse of the Service
• Your User Submissions
• Any claim that your use caused damage to a third party

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Contacting us at admin@singmehappybirthday.com
• Ceasing to use our Service

Termination does not entitle you to any refunds for unused credits.

14.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, if:

• You breach these Terms
• We suspect fraudulent, abusive, or illegal activity
• We receive legal requests to do so
• We discontinue the Service

14.3 Effects of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your account and associated data
• You remain liable for any outstanding obligations
• Provisions that should survive termination will remain in effect

15. General Provisions

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

15.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through:

• First, good faith negotiations between the parties
• If negotiations fail, through the courts of England and Wales

15.3 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Sing Me Happy Birthday Ltd regarding the use of our Service.

15.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15.5 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15.6 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction.

15.7 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the new Terms on this page
• Updating the "Last Updated" date
• Sending you an email (for material changes)

Your continued use of the Service after changes constitute acceptance of the modified Terms.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at:

These Terms of Service are effective as of January 3, 2025.