Terms and Conditions

Terms and Conditions of Use

Last Updated: October 24, 2024

These Terms and Conditions ("Terms") govern your access to and use of the services provided by Softaware Ltd. ("Company," "we," "our," or "us") through our software product available at izpei.me and rame.ai (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Definitions

  • "User," "you," or "your" means any individual who accesses or uses the Service.
  • "Content" means any text, graphics, audio, video, or other material generated, provided, or otherwise made available through the Service.
  • "Personal Data" means any information relating to an identified or identifiable natural person.
  • "Intellectual Property Rights" means all current and future rights conferred by law in relation to copyrights, trademarks, patents, trade secrets, and other proprietary rights.

2. General Information

2.1 Company Details

Softaware Ltd. is a company registered under the Commercial Act of the Republic of Bulgaria with UIC 206609469, having its registered office and address at:

City of Sofia, Slatina District
Hristo Smirnenski Residential Complex, Block 19, Entrance A, Apartment 20
Email: [email protected]

2.2 Eligibility

By using our Service, you confirm that:

  • You are at least 18 years old or have reached the age of majority in your jurisdiction.
  • You have the legal capacity to enter into binding contracts.

2.3 Acceptance of Terms

By clicking the button to generate a song or by otherwise using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

3. Description of Services

3.1 AI Song Generation Service

Our Service allows Users to generate personalized songs using artificial intelligence ("AI") technology. Users can select an occasion (e.g., birthday, song for a friend) and a genre, and may optionally provide personal information to customize the song's lyrics.

3.2 Song Preview and Purchase

  • Free Preview: Users receive the song with a brief watermark over its audio during the preview, available for a limited time. Due to the unpredictability of AI technology, we do not guarantee the content, quality, or availability of the preview.
  • Purchase: Users can purchase the full version of the song within a specified period. Failure to do so will result in the permanent deletion of the song.
  • Finalization: Upon successful payment, the song is finalized, and Users gain access to the full audio, lyrics, and options to share a lyric video.

3.3 Extended Availability Option

Users have the option to pay an additional fee for unlimited availability of the purchased song. If not selected, the song will be available for a limited period post-purchase, as indicated in the interface.

4. User Information and Privacy

4.1 Optional Personal Information

Users may optionally provide personal information (e.g., names, ages, personal anecdotes) to enhance the song's personalization. Providing this information is entirely voluntary.

4.2 Data Processing and Privacy Compliance

  • Data Use: Personal Data provided will be used solely for the purpose of generating the personalized song.
  • Third-Party Processors: We utilize third-party service providers to generate the AI songs. Your information may be shared with these providers under strict confidentiality and data protection agreements.
  • Privacy Compliance: We comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR). For more information, please refer to our Privacy Policy.

4.3 User Rights Under GDPR

Users have the following rights regarding their Personal Data:

  • Right of Access
  • Right to Rectification
  • Right to Erasure
  • Right to Restrict Processing
  • Right to Data Portability
  • Right to Object

To exercise these rights, please contact us at [email protected].

4.4 Cookies and Tracking Technologies

We use cookies and similar technologies to enhance your user experience. For more information about cookies and your choices regarding them, please visit allaboutcookies.org and youronlinechoices.eu.

5. User Responsibilities

5.1 User-Provided Content

You are responsible for any content you provide and must ensure that:

  • The content is accurate and not misleading.
  • You have the necessary rights and permissions to provide the content.
  • The content does not infringe on any third-party rights, including intellectual property rights and privacy rights.

5.2 Prohibited Activities

You agree not to:

  • Use the Service for any unlawful purpose.
  • Provide false or misleading information.
  • Attempt to interfere with the operation or security of the Service.
  • Use automated systems to access the Service without our permission.
  • Upload or transmit any viruses or malicious code.

6. Intellectual Property Rights

6.1 Ownership of Content

  • Company Content: All Content provided by the Company, including but not limited to AI-generated songs, lyrics, videos, software, and website content, is the intellectual property of Softaware Ltd. and is protected by applicable copyright, trademark, and other intellectual property laws.
  • User Content: Any content you provide to us (excluding Personal Data), such as feedback or suggestions, becomes our property upon submission.

6.2 License to Users

Upon purchase, you are granted a limited, non-exclusive, non-transferable, revocable license to:

  • Use: Download and access the purchased song for personal, non-commercial purposes.
  • Share: Share the provided lyric video on social media platforms for personal enjoyment.

6.3 Restrictions

  • No Commercial Use: You may not use the song or any Content for commercial purposes without obtaining a separate written license from us.
  • No Modification or Derivative Works: You may not modify, reproduce, distribute, or create derivative works from the song or any Content without our express written consent.
  • No Infringement: You must not infringe or violate our Intellectual Property Rights or those of any third party.

6.4 Intellectual Property Infringement

If you believe that any Content on our Service infringes your intellectual property rights, please notify us promptly by sending a written notice to [email protected] with the following information:

  • A description of the intellectual property rights you claim have been infringed.
  • A description of the alleged infringing material and its location on the Service.
  • Your contact information, including full name, address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property rights owner or authorized to act on the owner's behalf.
  • Your electronic or physical signature.

We respect the intellectual property rights of others and will respond promptly to valid notices of alleged infringement. We reserve the right to remove or disable access to any Content alleged to infringe intellectual property rights and to terminate repeat infringers' access to the Service.

7. Payment Terms

7.1 Pricing and Fees

  • Variable Pricing: Prices for our Service vary based on your country and may be displayed in the local currency. Applicable taxes, including VAT, may also vary depending on your location.
  • Price Changes: We reserve the right to change prices at any time without prior notice. However, the price displayed at the time of your purchase is the price you will be charged.

7.2 Payment Processing

Payments are securely processed through Stripe. By making a purchase, you agree to Stripe's Services Agreement and Privacy Policy.

7.3 Refund Policy

  • No Refunds for Dislike of Content: All sales are final. Due to the digital nature of the product and the opportunity provided to preview the song before purchase, we do not offer refunds if you are dissatisfied with the full song after purchase.
  • Refunds for Technical Failures: If the finalization process fails after successful payment and you do not receive the song, you may be eligible for a refund. Please contact us at [email protected] within 14 days of the purchase date with your order details.
  • AI Unpredictability: The AI technology used to generate songs is inherently unpredictable. We do not guarantee the content, quality, or suitability of the generated songs. By using the Service, you acknowledge this unpredictability and agree that dissatisfaction with the song's content is not a valid ground for a refund.

8. Limitation of Liability

8.1 Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that:

  • The Service will meet your specific requirements.
  • The Service will be uninterrupted, timely, secure, or error-free.
  • The results obtained from the use of the Service will be accurate, reliable, or meet your expectations.

8.2 Limitation of Damages

To the maximum extent permitted by law, Softaware Ltd. shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses arising from:

  • The use or inability to use the Service.
  • Unauthorized access to or alteration of your transmissions or data.
  • Statements or conduct of any third party on the Service.
  • Any other matters relating to the Service.

8.3 Maximum Liability

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount paid by you for the Service in the six (6) months preceding the claim.

8.4 Acknowledgment of AI Limitations

You acknowledge and agree that:

  • AI-generated content may not always be accurate, appropriate, or meet your expectations.
  • We are not responsible for errors or omissions in the content generated by AI.
  • You use the AI-generated content at your own risk.

9. Indemnification

You agree to indemnify, defend, and hold harmless Softaware Ltd., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your access to or use of the Service.
  • Your violation of these Terms.
  • Your infringement of any third-party rights, including intellectual property or privacy rights.

10. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, war, acts of terrorism, labor disputes, governmental actions, or internet service disruptions.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the Republic of Bulgaria, without regard to its conflict of law principles.

11.2 Dispute Resolution

  • Negotiation: The parties agree to first attempt to resolve any dispute informally by contacting each other.
  • Jurisdiction: If the dispute cannot be resolved informally, it shall be submitted to the exclusive jurisdiction of the competent courts in Sofia, Bulgaria.

12. Amendments

We reserve the right to modify or update these Terms at any time. Any changes will become effective immediately upon posting the updated Terms on our website. We will indicate the "Last Updated" date at the top of these Terms. Your continued use of the Service after such changes signifies your acceptance of the new Terms.

13. Additional Provisions

13.1 Severability

If any provision of these Terms is found to be invalid or unenforceable by a competent court, the remaining provisions shall remain in full force and effect.

13.2 Waiver

No waiver of any term or condition of these Terms shall be deemed a waiver of any other term or condition.

13.3 Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Softaware Ltd. regarding the Service.

13.4 Assignment

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

13.5 Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Softaware Ltd.

13.6 Electronic Communications

By using our Service and clicking the button to generate a song, you agree to receive electronic communications from us, including notices, agreements, disclosures, and other communications.

13.7 Language

These Terms and all related documents are drafted in English. In the event of any inconsistency between the English version and a translated version, the English version shall prevail.

14. Security Measures

We implement commercially reasonable security measures to protect your Personal Data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure.

15. Acceptance of Terms

By clicking the button to generate a song, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

16. Contact Information

If you have any questions or concerns regarding these Terms or the Service, please contact us at:

Softaware Ltd.
Address: City of Sofia, Slatina District
Hristo Smirnenski Residential Complex, Block 19, Entrance A
Email: [email protected]

Terms & Conditions and Privacy Policy