Terms of Use

1. The Service

melodaki enables you to order personalised digital content created specifically for you based on the information you choose to provide.

Our products currently include personalised songs and may also include lyrics, artwork, gift pages and other related digital content depending on the package you purchase.

Each order is created individually. We do not provide pre-made or standardised digital products.

To create your order, we use artificial intelligence together with automated production tools and human-designed workflows.

Because every order is personalised, the final result will naturally reflect creative interpretation.

The Service is designed to create original works and does not copy or reproduce any specific existing recording, composition or performance.

2. Your Order

You must be at least 18 years old and able to enter into a legally binding contract to place an order.

When placing an order, you choose the package you wish to purchase and provide the information needed to create your personalised content.

We first generate free preview samples for you to listen to at no charge. You choose a package and pay only when you decide to unlock the full content — you are under no obligation to purchase after listening to the previews.

Prices are shown in euro and include VAT where applicable. The price payable is the price displayed at checkout.

Any applicable taxes, duties or bank charges imposed outside the European Union remain your responsibility.

You are responsible for ensuring that the information you submit is accurate and that you have the right to provide it.

A contract between you and HipTech OÜ is formed once your payment for the chosen package has been successfully authorised.

Payments are processed by independent payment providers. melodaki does not receive or store your complete payment card details.

Your completed order will be delivered electronically using the delivery method selected during checkout.

Delivery times shown on the Service are estimates only. While we make reasonable efforts to deliver within those estimates, delivery may occasionally take longer because of technical maintenance, unusually high demand or interruptions affecting third-party providers involved in generating or delivering your order.

Unless expressly agreed otherwise, delivery estimates are provided for convenience only and do not constitute guaranteed delivery deadlines.

3. Your Digital Content

The personalised digital content supplied by melodaki is created specifically for your order and is not intended to be interchangeable with standard digital products.

Before completing your purchase, you will be asked to expressly request the immediate creation and delivery of your personalised digital content.

You will also be asked to acknowledge that, once performance of the Service begins, you lose your statutory right of withdrawal to the extent permitted by applicable consumer protection law.

This does not affect any rights you may have where the digital content does not conform to the contract or where mandatory consumer protection law provides otherwise.

The Service creates original personalised content based on your instructions. As a result, the final output necessarily involves creative interpretation. Differences in melody, lyrics, arrangement, vocal style, pronunciation or other creative elements are an inherent characteristic of personalised AI-assisted content and, by themselves, do not mean that your order fails to conform to the contract.

The Service is intended to create an original personalised work based on your instructions, not to reproduce a specific artistic outcome or guarantee that the generated content will match your subjective expectations.

4. Problems With Your Order

If you believe there is a problem with your order, please contact us as soon as reasonably possible.

Where your order cannot be delivered, contains a technical error or otherwise does not conform to the contract because of a failure for which HipTech OÜ is responsible, we will assess the issue and, where appropriate, provide the remedies available under these Terms and applicable law.

Depending on the circumstances, this may include correcting the issue, regenerating the content or providing another appropriate remedy.

If the issue cannot reasonably be resolved, you may be entitled to any further remedies available under applicable law.

Because the Service creates original personalised content, dissatisfaction based solely on personal taste, artistic preference or creative interpretation does not, by itself, establish that the Service failed to conform to the contract.

Where revisions are included in your purchased package, those revisions form part of the agreed Service and are intended to address reasonable requests for creative adjustments within the scope of your original order.

5. Your Content

To create your order, you may choose to provide text, names, photographs, recordings or other materials ("Your Content").

You retain any rights you already have in Your Content.

You are responsible for ensuring that:

• you have the right to use and share Your Content with us;
• Your Content does not infringe another person's intellectual property, privacy or other legal rights;
• Your Content complies with applicable law.

If Your Content includes information about another person, you are responsible for ensuring that you have an appropriate legal basis to provide that information.

You grant HipTech OÜ a non-exclusive, royalty-free licence to use Your Content solely to:

• create your order;
• deliver your order;
• provide customer support;
• comply with legal obligations;
• establish, exercise or defend legal claims where necessary.

This licence ends once it is no longer reasonably necessary for these purposes, subject to any legal retention obligations described in our Privacy Policy.

We do not acquire ownership of Your Content.

6. Ownership and Licence

Generated content. Subject to these Terms, the personalised digital content generated for your order is created specifically for you. Except for the intellectual property rights retained by HipTech OÜ in the Service and its underlying technology, you may use the generated content in accordance with the licence granted below.

The Service. The Service, including the melodaki website, software, branding, trademarks, production workflows, prompts, design, source code and all related intellectual property, belongs to HipTech OÜ or our licensors. Nothing in these Terms transfers ownership of the Service or any underlying intellectual property to you.

Your licence. Once your order has been delivered, you receive a perpetual, worldwide, non-exclusive, non-transferable licence to use your personalised digital content for personal, private and non-commercial purposes (except for the personal gifting and sharing expressly permitted below).

Unless otherwise agreed in writing, this licence allows you to:

• download and store your content;
• give it as a gift;
• share it with family and friends;
• publish it on your personal social media accounts;
• include it in personal, non-commercial videos;
• play it during private celebrations and events.

Unless we expressly agree otherwise, you may not:

• sell or license the generated content to others;
• use it in commercial advertising or promotional campaigns;
• make it available as part of another commercial service;
• present yourself as the owner of the melodaki platform, technology or brand;
• copy, reproduce, reverse engineer or otherwise attempt to extract any part of the Service.

Nothing in these Terms prevents you from enjoying or sharing your purchased personalised content for personal purposes.

7. Acceptable Use

You may not use the Service in a way that:

• violates applicable law;
• infringes another person's rights;
• promotes or facilitates criminal activity;
• contains or promotes child sexual abuse material;
• promotes terrorism, violence or unlawful hatred;
• is intended to harass, threaten or defraud another person.

We may refuse, suspend or cancel an order where we reasonably believe it would violate these Terms, applicable law or the rights of another person.

Where appropriate, we may also remove unlawful content or suspend access to the Service.

8. Service Availability

We work to keep the Service available and operating reliably.

However, the availability of the Service depends in part on third-party providers, including providers of artificial intelligence, hosting, communications and payment services.

From time to time, the Service may be unavailable because of maintenance, technical failures or circumstances outside our reasonable control.

Temporary interruptions or delays do not, by themselves, mean that the Service has failed to conform to the contract.

Where reasonably possible, we will restore the Service as soon as practicable.

9. Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Subject to that, HipTech OÜ is responsible only for losses that are a reasonably foreseeable consequence of our failure to perform our contractual obligations or our breach of applicable law.

We are not responsible for losses arising solely because:

• the information provided by you was inaccurate or incomplete;
• you requested content that infringed another person's rights;
• you were dissatisfied with lawful creative interpretation;
• a third-party service outside our reasonable control experienced an interruption.

To the extent permitted by applicable law, our total liability arising out of a particular order shall not exceed the total amount paid for that order.

Nothing in this section limits any mandatory rights available to consumers under applicable law.

10. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Service, applicable law or our business operations.

The latest version of these Terms will always be available on the Service together with the date they became effective.

Unless required by applicable law, updated Terms apply only to orders placed after the updated version becomes effective.

11. Governing Law

These Terms are governed by the laws of the Republic of Estonia.

If you are a consumer residing in another Member State of the European Union, nothing in these Terms limits any mandatory rights available to you under the consumer protection laws of your country of residence.

If you have a complaint, please contact us first at hello@melodaki.com and we will try to resolve it. As an EU consumer, you may also be entitled to refer the dispute to an alternative dispute resolution (ADR) body or the consumer protection authority in your country of residence.

Nothing in these Terms affects your non-waivable statutory rights as a consumer.

12. Contact

If you have any questions about these Terms or the Service, you can contact us at:

HipTech OÜ · Reg. 16671417 · VAT EE102661826 · Kadaka 72a, 12618 Tallinn, Estonia · hello@melodaki.com

Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use and protect personal data.

These Terms should be read together with our Privacy Policy and Cookie Policy. If there is any inconsistency between these Terms and those policies, these Terms will prevail to the extent permitted by applicable law.