Terms of Service

These Terms of Service ("Terms") govern your access to and use of the HeartMoments website, owned by ScaleNow Brands LLC, custom song services, and any related offerings (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to place an order or use the Services for commercial purposes. By using the Services, you represent that you meet these requirements and have the authority to agree to these Terms.

2. Use of the Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for all information and content you provide, including song survey responses, names, stories, and any other material you submit.

You agree that you will not:

• Use the Services in any way that violates applicable laws or regulations.
• Submit content that is unlawful, defamatory, hateful, harassing, or infringing on the rights of others.
• Attempt to interfere with or disrupt the operation of the Services or our systems.
• Use the Services to send spam, unauthorized commercial communications, or misleading information.

3. Orders and Payments

By placing an order through the Services, you agree to provide accurate and complete billing information and authorize us and our third-party payment processors (such as Stripe) to charge your selected payment method for the total amount of your purchase, including any applicable taxes or fees.

All prices are listed in U.S. dollars (USD) unless stated otherwise. We reserve the right to change prices at any time, but such changes will not affect orders that have already been accepted.

4. Custom Songs and Usage License

When you purchase a custom HeartMoments, we create an original song based in part on the information and story you provide. Except as expressly stated, all rights, title, and interest in and to the underlying composition, lyrics, and recording remain owned by HeartMoments or our licensors.

Subject to your full payment, we grant you a personal, non-exclusive, non-transferable license to:

• Play and enjoy the song privately and with family or friends
• Share the song digitally with the intended recipient and close contacts
• Play the song at personal events such as birthdays, weddings, anniversaries, or memorial services

You may not sell, distribute, or exploit the song commercially, upload it to streaming platforms as your own release, or claim ownership of the underlying composition or recording without our prior written consent.

5. User Content You Provide

You are responsible for the accuracy and lawfulness of all content you submit, including names, stories, memories, and messages. By submitting content, you represent that you have the right to share it and grant us all necessary rights to use it to create and deliver your custom song.

You grant HeartMoments a non-exclusive, worldwide, royalty-free license to use, adapt, edit, and incorporate your submitted content into the custom song and related materials for the purpose of creating, producing, delivering, and supporting your order.

6. Refunds & Guarantees

We aim to deliver high-quality, meaningful songs crafted with care. Any satisfaction guarantee, money-back policy, or delivery time (such as 7-day or 24-hour delivery) will be described on the website or at checkout and forms part of these Terms.

If you believe your order does not meet the stated guarantee, please contact us at hello@heartmoments.com within the specified guarantee period. We will review your request in line with our policies and may, at our discretion, offer a revision, partial refund, or full refund.

7. Intellectual Property

All content on the site and within the Services—including audio, lyrics, text, graphics, logos, branding, and code—is owned by HeartMoments or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Except for the limited license granted to you for personal use of your custom song, nothing in these Terms transfers ownership of any HeartMoments intellectual property rights to you.

8. Third-Party Services

We may use third-party services such as payment processors, analytics providers, and email services. Your use of such third-party services may be subject to their separate terms and privacy policies. We are not responsible for the content, policies, or practices of third-party sites or services.

9. Disclaimers

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Services will be uninterrupted, error-free, secure, or that any particular result will be achieved. Your use of the Services is at your own risk.

10. Limitation of Liability

To the fullest extent permitted by law, HeartMoments and its owners, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenue, whether incurred directly or indirectly, arising out of or in connection with your use of the Services.

Our total liability for any claim arising out of or relating to the Services or these Terms will not exceed the amount you paid for the order giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless HeartMoments and its owners, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services, (b) your violation of these Terms, or (c) your violation of any rights of another person or entity.

12. Governing Law

These Terms and any dispute arising out of or relating to the Services will be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of law principles.

13. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. Your continued use of the Services after any changes means you accept the updated Terms.

14. Contact Us

If you have questions about these Terms or the Services, please contact us at hello@heartmoments.com.