TERMS AND CONDITIONS

Last Updated: October 7, 2026

These Terms and Conditions (“Terms”) govern your access to and use of getmelory.com and your purchase of products and services offered under the Melory brand.

By placing an order through our website, you agree to these Terms.

1. ABOUT MELORY

Melory creates personalized digital songs and related digital or physical products based on information, stories, memories, preferences, names, messages and other materials submitted by customers.

Our services may involve human creative work as well as digital production software, automated tools, artificial intelligence, music generation technology and third-party production tools.

Unless expressly stated otherwise, all products are made or prepared specifically in connection with an individual customer order.

2. ELIGIBILITY

You must be at least 18 years old or have the consent of a parent or legal guardian to place an order.

By placing an order, you represent that you have the legal capacity to enter into a binding agreement.

If you place an order on behalf of another person, company or organization, you represent that you have authority to do so.

3. OUR PRODUCTS

Melory primarily offers personalized songs created using information submitted by the customer.

Depending on the product purchased, an order may include:

• a personalized song;

• a digital audio file;

• personalized lyrics;

• digital lyric artwork;

• downloadable digital products;

• optional physical products;

• optional video or multimedia products;

• additional services or add-ons displayed on the website.

The exact contents of an order are determined by the product description and options selected at checkout.

Product images, samples, previews, example songs, testimonials and advertisements are intended to demonstrate the general nature and quality of our products. Because personalized products are individually created, the final result will naturally differ from examples shown on our website or in advertising.

4. PERSONALIZED CREATIVE WORK

You acknowledge that music, songwriting, vocal performance, production and other creative work involve subjective artistic decisions.

Melory will make reasonable efforts to reflect the information, preferences and instructions submitted with your order. However, purchasing a personalized song does not guarantee that every submitted detail, sentence, phrase or idea will appear literally in the finished song.

Melory may adapt, shorten, reorganize, paraphrase or omit submitted information where reasonably necessary for musicality, lyrical quality, rhythm, pronunciation, structure, emotional impact or production quality.

References to artists, bands, genres or existing songs are treated as creative direction only.

Melory does not guarantee an exact imitation of any particular artist, singer, band, composition, recording, voice or copyrighted work.

5. CUSTOMER INFORMATION AND ORDER ACCURACY

You are responsible for providing complete and accurate information when placing your order.

This includes, where applicable:

• names;

• spelling;

• pronunciation;

• relationships;

• dates;

• memories;

• stories;

• requested messages;

• music preferences;

• language;

• vocal preferences;

• email address;

• delivery information;

• and other personalization details.

Melory is not responsible for errors contained in the finished product that result directly from incorrect, incomplete or misleading information supplied by the customer.

If additional information is reasonably required to complete an order, Melory may contact you using the email address associated with your order.

Delivery times may be suspended until the required information is received.

6. ORDER ACCEPTANCE

Products displayed on the website constitute an invitation to place an order and not a binding offer by Melory.

By completing checkout, you submit a binding offer to purchase the selected product.

Melory may accept the order by:

• sending an order confirmation;

• beginning production;

• requesting or receiving payment; or

• delivering the product.

Melory reserves the right to reject or cancel an order before delivery where reasonably necessary, including in cases of:

• suspected fraud;

• payment failure;

• abusive behavior;

• unlawful content;

• technical impossibility;

• pricing errors;

• misuse of promotions;

• infringement concerns; or

• orders that violate these Terms.

If Melory cancels an order for reasons not attributable to the customer, amounts paid for the cancelled portion of the order will be refunded.

7. PRICES

Prices are shown in the currency displayed on the website or during checkout.

Depending on the customer's location, applicable taxes may be included in the displayed price or calculated during checkout.

Customers outside Germany may be responsible for taxes, duties, import charges, foreign transaction charges or other charges imposed by governments, financial institutions or payment providers.

Unless otherwise stated, promotional codes and discounts cannot be combined.

Melory may change its prices at any time. Price changes do not affect orders already accepted.

8. PAYMENT

Payment is due at the time indicated during checkout.

Payments may be processed by third-party payment providers, including providers made available through Shopify or other payment systems.

The payment methods available to you depend on your country, device and checkout configuration.

By providing payment information, you represent that you are authorized to use the selected payment method.

If a payment is reversed, cancelled, disputed or otherwise not successfully received, Melory may suspend production or delivery until payment has been resolved.

9. PRODUCTION AND DELIVERY

Digital products are generally delivered electronically to the email address provided by the customer or made available through another electronic delivery method communicated by Melory.

Current delivery options may include, for example:

Standard Delivery – approximately 4 days

and

Express Delivery – approximately 24 hours

The exact delivery option selected during checkout forms part of your order.

Unless expressly identified as a guaranteed deadline, stated production or delivery periods represent the expected production period under normal circumstances.

Production periods begin once:

1. payment has been successfully received; and

2. all information reasonably required to create the product has been submitted.

If Melory requires clarification or additional customer information, the production period may be paused until the customer responds.

Delivery times may also be affected by circumstances reasonably outside Melory's control, including technical failures, third-party service outages or force majeure events.

If a specific delivery time is expressly sold as a guaranteed service and Melory fails to provide that service, any remedy will be subject to the guarantee or delivery terms presented with that service and any rights required by applicable law.

10. REVISIONS

Unless otherwise stated on the applicable product page, Melory provides revisions to personalized songs in accordance with the satisfaction guarantee advertised at the time of purchase.

Revisions are intended to modify the product originally ordered.

A revision may include reasonable requests relating to matters such as:

• wording;

• pronunciation;

• factual details;

• balance between memories;

• lyrical emphasis;

• musical direction; or

• other reasonable adjustments to the original order.

A revision does not include a fundamentally different product based on new information or an entirely new creative brief.

Examples of requests that may constitute a new order rather than a revision include:

• changing the recipient;

• changing the occasion;

• replacing the original story with a different story;

• requesting an entirely different song concept after production;

• or introducing substantial new information that was not part of the original order.

Melory may nevertheless provide such changes at its discretion.

Customers should submit revision requests within a reasonable period after delivery and provide sufficiently specific feedback to allow Melory to address the issue.

11. SATISFACTION / MONEY-BACK GUARANTEE

Where the Melory website advertises a satisfaction or money-back guarantee for the purchased product, that guarantee forms part of the offer.

Melory's current personalized-song guarantee may allow customers to request revisions until they are satisfied or request a refund in accordance with the applicable guarantee.

The guarantee is intended to protect genuine customers who are reasonably dissatisfied with the personalized product.

It does not cover fraud, misuse or attempts to obtain a product without payment.

To request a refund under the guarantee, the customer may be required to provide reasonable information explaining the issue with the delivered product.

Unless otherwise expressly stated in the offer, a refund under the voluntary satisfaction guarantee must be requested within 14 days after initial delivery.

Where reasonable, Melory may first offer to correct identifiable errors or make requested revisions.

If a full refund is issued, the customer's license to use the refunded personalized product ends.

The customer must stop commercially exploiting the refunded product and, where reasonably possible, delete copies under their control.

Nothing in this section restricts statutory rights that cannot legally be restricted.

12. CANCELLATIONS AFTER PRODUCTION HAS STARTED

Because Melory products are personalized and production may begin shortly after an order is submitted, orders cannot ordinarily be cancelled simply because the customer changes their mind once production has begun, except where required by applicable law or covered by an applicable Melory guarantee.

For customers who have a statutory cancellation or withdrawal right under applicable law, those statutory rights remain unaffected.

Where applicable law permits a customer's withdrawal right relating to digital content to expire after the customer expressly requests immediate performance and acknowledges the resulting loss of that right, Melory may request the legally required consent during checkout.

13. DIGITAL CONTENT AND IMMEDIATE PERFORMANCE

By requesting personalized digital content with a specified delivery period, the customer requests that Melory begin fulfilling the order without unnecessary delay.

Where required by applicable consumer law, Melory will separately obtain any legally required consent regarding commencement of performance before expiration of a statutory withdrawal period.

For customers subject to European Union or German consumer law, any waiver or expiration of a statutory withdrawal right shall apply only where all legally required conditions have been satisfied.

14. CUSTOMER-PROVIDED CONTENT

You may provide Melory with names, photographs, stories, messages, recordings, text, memories, personal information or other material (“Customer Content”).

You retain any rights you already own in your Customer Content.

You grant Melory a worldwide, royalty-free license to use, reproduce, process, modify and otherwise handle Customer Content only to the extent reasonably necessary to:

• create your order;

• deliver the product;

• process revisions;

• provide customer support;

• operate and secure the service;

• comply with legal obligations; and

• resolve disputes relating to the order.

This license does not automatically give Melory the right to use your personal story, personalized song, photographs or likeness in public advertising.

Separate permission may be requested for testimonials, social media content or promotional use.

15. YOUR RESPONSIBILITY FOR SUBMITTED MATERIAL

You represent that you have the rights or permissions reasonably necessary to submit the Customer Content you provide.

You must not knowingly submit content that:

• infringes copyrights, trademarks or other intellectual property rights;

• violates privacy or publicity rights;

• is unlawful;

• contains fraudulent information;

• is intended to impersonate another person unlawfully;

• contains material that you have no lawful right to provide; or

• is otherwise prohibited by applicable law.

You are responsible for obtaining any consent that is legally required for materials you provide to Melory.

To the extent permitted by applicable law, you are responsible for third-party claims caused by your knowing or negligent submission of unlawful or infringing Customer Content.

16. ARTIFICIAL INTELLIGENCE AND PRODUCTION TECHNOLOGY

You acknowledge that Melory may use a combination of human creativity and technological tools to produce personalized content.

These tools may include:

• artificial intelligence;

• generative music technology;

• synthetic or digitally generated vocals;

• songwriting tools;

• audio production software;

• mastering tools;

• automated processing systems; and

• third-party technology providers.

The specific production workflow used for an individual order is determined by Melory.

By ordering a personalized product, you consent to the use of such tools in producing your order.

Use of these technologies does not change the satisfaction, revision or refund rights expressly offered with your purchase.

17. RIGHTS TO YOUR PERSONALIZED SONG

Subject to full payment, Melory grants you, to the extent Melory is legally entitled to grant such rights, a worldwide, perpetual license to use the personalized final product delivered to you for personal purposes.

Unless the product description states otherwise, this license also permits reasonable commercial use, including use in:

• social media;

• personal videos;

• events;

• websites;

• advertisements;

• presentations; and

• other lawful media.

However, no ownership or exclusive rights are transferred in:

• Melory's production methods;

• software;

• prompts;

• templates;

• workflows;

• systems;

• underlying technology;

• generic musical elements;

• pre-existing material;

• third-party technology; or

• other intellectual property not created exclusively for the individual customer.

Because digital and AI-assisted creative outputs may contain elements that are not legally eligible for copyright protection or exclusive ownership in certain jurisdictions, Melory does not guarantee that copyright or exclusive intellectual property rights exist in every element of a delivered product.

Melory will not intentionally sell another customer the same personalized song as your custom order.

However, Melory may use similar:

• genres;

• musical structures;

• production techniques;

• themes;

• chord progressions;

• instrumentation;

• vocal characteristics;

• songwriting methods; or

• other non-exclusive creative elements

in other works.

18. THIRD-PARTY RIGHTS AND MUSIC REFERENCES

Customers may provide artist names, genres or existing songs as references for musical preferences.

Such references are treated as general creative direction.

Melory does not promise and should not be understood as offering an unauthorized reproduction or exact imitation of any copyrighted song, recording, performer or protected artist identity.

Melory may modify or disregard a customer instruction where reasonably necessary to avoid infringement or other legal concerns.

19. INTELLECTUAL PROPERTY OF MELORY

Except for Customer Content and rights expressly granted in personalized deliverables, all rights in the Melory website and business materials remain with Melory or their respective licensors.

This includes, where applicable:

• trademarks;

• logos;

• website design;

• graphics;

• product presentation;

• text;

• software;

• workflows;

• templates;

• production systems;

• advertising materials; and

• other proprietary content.

No rights are granted except as expressly stated in these Terms.

20. CUSTOMER EXPECTATIONS

Melory creates personalized creative products.

We do not guarantee:

• a particular emotional reaction from the recipient;

• that the recipient will like the gift;

• that a song will sound exactly like a particular commercial artist;

• that every subjective preference will be interpreted identically by Melory and the customer;

• that a product will become commercially successful;

• or any particular financial, social or promotional outcome.

This does not affect an expressly offered satisfaction guarantee.

21. TECHNICAL REQUIREMENTS

The customer is responsible for having a device, internet connection and software reasonably capable of receiving and playing standard digital media files.

Melory is not responsible for problems caused solely by incompatible customer hardware, software or third-party platforms where the delivered file itself functions correctly in a commonly used format.

22. EMAIL DELIVERY

The customer is responsible for providing a valid email address and checking relevant inboxes, including spam or junk folders.

A digital product is considered delivered when it has been sent to the email address provided by the customer or otherwise made available to the customer electronically, subject to any mandatory legal rules regarding proof of delivery.

Customers who do not receive an expected delivery should contact Melory customer support.

23. PROMOTIONS AND DISCOUNTS

Melory may offer discounts, promotional codes, limited-time offers or other promotions.

Unless otherwise stated:

• promotions may be modified or discontinued at any time before an order is placed;

• only one promotional discount may be used per order;

• promotional codes have no cash value;

• promotional codes may not be sold or reproduced commercially;

• and discounts cannot be applied retroactively to completed purchases.

Melory may reject or cancel fraudulent or unauthorized use of promotional codes.

24. CHARGEBACKS AND PAYMENT DISPUTES

If you believe there is a problem with your order, you are encouraged to contact Melory before initiating a payment dispute so that we have an opportunity to resolve the issue.

Nothing in these Terms prevents you from exercising legitimate rights provided by your bank, card issuer, payment provider or applicable law.

However, intentionally filing a false or fraudulent chargeback after receiving a conforming product may constitute payment fraud.

Melory reserves the right to provide order records, delivery evidence, customer communications and other relevant information to payment providers when responding to payment disputes.

Where legally permitted, Melory may refuse future orders from customers associated with fraudulent transactions or abusive payment disputes.

25. FRAUD AND ABUSE

Melory may suspend or refuse service where there is reasonable evidence of:

• fraud;

• repeated abusive refund claims;

• payment fraud;

• deliberate misuse of guarantees;

• harassment of staff or service providers;

• unlawful activity;

• attempts to manipulate promotional offers; or

• material violations of these Terms.

Any such action shall remain subject to mandatory consumer rights.

26. LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.

In particular, nothing excludes liability for intentional misconduct, gross negligence or injury to life, body or health where such liability cannot legally be excluded.

To the maximum extent permitted by applicable law, Melory shall not be liable for indirect, incidental, consequential, special or purely economic losses arising from the use of a product where such losses were not reasonably foreseeable when the contract was entered into.

To the maximum extent permitted by applicable law and except where mandatory law provides otherwise, Melory's aggregate contractual liability relating to an individual order shall not exceed the amount paid by the customer for the order giving rise to the claim.

These limitations do not apply where applicable law prohibits such limitation.

27. THIRD-PARTY SERVICES

Melory may rely on third-party providers for functions such as:

• website hosting;

• payment processing;

• email delivery;

• file storage;

• artificial intelligence;

• music production;

• analytics; and

• other technical services.

Temporary interruptions or failures of third-party systems may affect service availability.

Melory will use commercially reasonable efforts to provide its services but cannot guarantee uninterrupted availability of every third-party system.

28. FORCE MAJEURE

Melory will not be responsible for delay or failure caused by circumstances reasonably outside its control, including:

• internet outages;

• major infrastructure failures;

• natural disasters;

• war;

• terrorism;

• governmental action;

• widespread cyber incidents;

• labor disputes;

• epidemics;

• failures of essential third-party service providers; or

• other comparable events.

This provision does not remove any mandatory statutory remedy available to a consumer.

29. PRIVACY

Personal information is handled in accordance with Melory's Privacy Policy and applicable data protection law.

These Terms govern the contractual relationship relating to the purchase. The Privacy Policy governs the processing of personal information.

30. GOVERNING LAW

These Terms and the contractual relationship between Melory and the customer are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent such choice of law is legally permitted.

However, if you are a consumer, this choice of law does not deprive you of mandatory consumer protections that apply to you under the law of your habitual place of residence and which cannot legally be waived by contract.

For customers located in the United States, mandatory federal or state consumer protection laws applicable to the transaction therefore remain unaffected where they cannot lawfully be excluded.

31. JURISDICTION

If the customer is a merchant, legal entity under public law, special fund under public law or otherwise legally permitted to agree to an exclusive jurisdiction clause, the exclusive place of jurisdiction shall be Frankfurt am Main, Germany.

For consumers, the legally applicable jurisdiction rules shall apply.

Nothing in these Terms prevents a consumer from bringing a claim in a court that has mandatory jurisdiction under applicable consumer law.

32. INFORMAL DISPUTE RESOLUTION

Before commencing formal legal proceedings, both the customer and Melory are encouraged to attempt to resolve the dispute directly.

The customer should contact Melory and provide:

• their order number;

• a description of the problem; and

• the resolution requested.

Melory will make reasonable efforts to resolve legitimate complaints.

This section does not prevent either party from seeking urgent legal relief or exercising rights that cannot legally be restricted.

33. NO WAIVER OF MANDATORY CONSUMER RIGHTS

These Terms are intended to operate to the fullest extent permitted by law.

Nothing in these Terms is intended to waive, exclude or restrict a right that applicable law does not permit the parties to waive, exclude or restrict.

If a provision conflicts with mandatory consumer law, the mandatory law shall prevail only to the extent of that conflict.

The remaining provisions shall continue to apply.

34. SEVERABILITY

If any provision of these Terms is found to be invalid, unenforceable or unlawful, that provision shall be applied to the maximum extent permitted by law or, where necessary, severed.

The remaining provisions shall remain in effect to the extent permitted by applicable law.

35. CHANGES TO THESE TERMS

Melory may update these Terms from time to time.

The Terms applicable to an individual purchase are generally those presented or incorporated into the transaction when the order is placed, unless a later change is required by law or expressly agreed by the parties.

Changes to these Terms will not retroactively remove contractual rights already acquired by customers unless legally permitted.

36. ENTIRE AGREEMENT

These Terms, together with:

• the applicable product description;

• the checkout information;

• any guarantee expressly offered with the product;

• the Privacy Policy;

• and any additional terms expressly agreed in connection with the order

form the contractual agreement between the customer and Melory regarding the purchase.

If a specific product offer expressly provides terms more favorable to the customer than these general Terms, the specific product offer shall control with respect to that matter.

37. CONTACT

Questions regarding an order or these Terms may be submitted through the contact methods provided at:

https://getmelory.com
support@getmelory.com

Operator:

Melory
Heinrich-Seliger-Straße 5
60528 Frankfurt am Main
Germany