Terms of Service

1. Acceptance of Terms

Welcome to Melokio ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Melokio website located at melokio.com (the "Website") and all related services, including the creation and delivery of personalized songs ("Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS OF LIABILITY AND DISPUTE RESOLUTION PROVISIONS.

2. Eligibility

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Description of Services

Melokio provides a platform for creating personalized AI-generated songs — as heartfelt gifts for others, or for your own personal occasions. Our Services include:

• Song Creation: Generation of custom songs based on information you provide, including recipient details, occasion, and personal stories
• Song Delivery: Digital delivery of completed songs via secure download links
• Album Artwork: Custom-generated artwork accompanying each song

3.1 Third-Party Technology

Our song generation Services utilize third-party artificial intelligence music generation technology provided by ElevenLabs, Inc. ("Technology Provider"). Your use of our Services is subject to the terms and restrictions imposed by our Technology Provider, which are incorporated herein by reference.

Songs created through our Services are generated using AI technology and include the attribution "Powered by ElevenLabs" as required by our Technology Provider.

4. License Grant and Ownership

4.1 License to You

Upon successful completion of your purchase and delivery of your personalized song ("Song Output"), we grant you a limited, non-exclusive, non-transferable, perpetual license to:

• Download the Song Output
• Play the Song Output for personal, non-commercial purposes
• Share the Song Output with family, friends, and on personal social media accounts
• Store the Song Output on personal devices

4.2 Restrictions on Use

You may NOT:

• Sell, license, sublicense, rent, lease, or commercially distribute the Song Output
• Use the Song Output in any paid advertising, sponsored content, or commercial media production
• Upload the Song Output to music streaming platforms (Spotify, Apple Music, etc.) for commercial distribution
• Include the Song Output in any commercial music library or catalog
• Use the Song Output for political campaigning, advocacy, or electoral purposes
• Use the Song Output in connection with firearms, tobacco, pharmaceuticals, adult entertainment, or gambling
• Create derivative works from the Song Output for commercial purposes
• Remove, alter, or obscure any attribution or credits included with the Song Output
• Claim copyright ownership of the Song Output

4.3 Nature of AI-Generated Content

4.4 Intellectual Property

All intellectual property rights in the Services, Website, and underlying technology (excluding Song Outputs delivered to you) remain the property of Melokio or our licensors. Nothing in these Terms transfers any intellectual property rights to you except the limited license expressly granted herein.

5. User Content and Representations

5.1 Information You Provide

To create your personalized song, you will provide information including but not limited to:

• Recipient name and relationship
• Occasion details
• Personal stories, memories, or details
• Style and tone preferences

5.2 Your Representations

By submitting information for song creation, you represent and warrant that:

• All information provided is accurate to the best of your knowledge
• You have the right to share any personal information about the recipient
• The information does not infringe any third party's intellectual property rights
• The information does not include content that is defamatory, obscene, or illegal
• You are not attempting to impersonate any real recording artist, celebrity, or public figure
• You are not providing copyrighted lyrics, song titles, or protected content

5.3 Prohibited Content

You may NOT request songs that:

• Impersonate or mimic real recording artists or celebrities
• Contain copyrighted lyrics or substantial portions of existing songs
• Include hate speech, harassment, or violent content
• Promote illegal activities
• Sexualize minors or contain child exploitation material
• Contain political campaign content or election-related advocacy
• Violate any applicable law or regulation

We reserve the right to refuse any order that, in our sole discretion, violates these Terms or is otherwise objectionable.

6. Payment and Refunds

6.1 Pricing

Current pricing is displayed on our Website at the time of purchase. All prices are in United States Dollars (USD) unless otherwise specified.

6.2 Payment Processing

Payments are processed through secure third-party payment processors. By making a purchase, you agree to the terms and privacy policies of our payment processor(s).

6.3 Refund Policy

Due to the personalized nature of our Services:

• Before Song Generation: Full refund available if you cancel before we begin creating your song
• After Song Generation: Refunds are provided at our sole discretion and only in cases where the delivered song contains material errors inconsistent with your order

We are unable to provide refunds based on subjective dissatisfaction with AI-generated musical style, voice quality, or artistic interpretation.

6.4 Taxes

You are responsible for any applicable taxes associated with your purchase.

7. Delivery

7.1 Digital Delivery

Song Outputs are delivered digitally and are available immediately upon completion. Preview generation typically takes 1–2 minutes. Full song downloads are available instantly after purchase. You may also access your songs at any time through your account library.

7.2 Download Availability

Download links remain active for a minimum of 30 days from delivery. We recommend downloading and saving your Song Output promptly.

7.3 File Format

Song Outputs are delivered in high-quality MP3 format (44.1kHz). AIFF (lossless) format is also available for the highest quality experience. Note: download behavior on mobile browsers may vary — on some devices, files may open in a browser tab rather than saving directly to your device.

8. Attribution Requirements

8.1 Technology Attribution

Our Services utilize ElevenLabs technology. As required by our Technology Provider:

• All song playback on our platform displays the attribution "Powered by ElevenLabs" in the audio player
• This attribution is displayed by Melokio automatically in the audio player and does not require any action from users
• When sharing songs via our gift or share links, the attribution remains visible to recipients through our player

8.2 Display of Attribution

Attribution is displayed in a tasteful, non-intrusive manner within the Melokio audio player interface when your song is played or shared.

9. Disclaimers

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless Melokio and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or information you provide to us
• Your use or distribution of any Song Output in violation of these Terms

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

12.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@melokio.com to attempt to resolve the dispute informally.

12.3 Arbitration

Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Phoenix, Arizona, and judgment on the award may be entered in any court of competent jurisdiction.

12.4 Class Action Waiver

YOU AND MELOKIO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

12.5 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court.

13. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

By using chat features, you understand that chat messages and song form progress may be stored in your browser to support continuity. Chat may also be used in guest mode before account creation or sign-in. See the Privacy Policy for details on browser storage, guest chat, and data-clearing options.

14. Termination

14.1 Our Right to Terminate

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice.

14.2 Effect of Termination

Upon termination:

• Your license to use any undelivered Song Outputs is revoked
• Song Outputs already delivered remain subject to the license granted herein
• Provisions of these Terms that by their nature should survive termination shall survive

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our Website with a new "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Melokio regarding the Services.

16.2 Severability

If any provision of these Terms is held to be unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

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

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Contact Information

For questions about these Terms, please contact us at: