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Terms & Conditions

Last updated: March 2026

01§ 1 Scope

These Terms and Conditions apply to all contracts between Higrate GmbH (hereinafter "Provider") and the user via the SongLove WhatsApp service at whatsapp.songlove.ai. Deviating terms of the user are not recognized unless the Provider expressly agrees to them in writing.

02§ 2 Subject of Contract

SongLove is an AI-based service for creating personalized songs. The user interacts with SongLove entirely via WhatsApp. The user provides an occasion, genre, mood and a personal story (by text, voice message or photo). The AI generates a unique song of approximately 2 minutes length, including AI-generated cover art and a permanent shareable link, and delivers it via WhatsApp. These constitute digital content within the meaning of § 327(1) BGB that is not delivered on a physical data carrier. The user acknowledges that AI-generated output is non-deterministic and that the Provider does not guarantee that any individual song will match the user's subjective expectations; further songs can be created within the user's plan to iterate.

03§ 3 How It Works

The user starts a conversation with SongLove on WhatsApp by sending a message. The user is guided through a step-by-step process to select an occasion, genre, mood, and provide a personal story. Once the song is generated, it is delivered directly via WhatsApp as an audio file along with a shareable link.

04§ 4 Conclusion of Contract

The display of plans on whatsapp.songlove.ai does not constitute a binding offer. The user submits a binding offer by selecting a plan and completing the payment process via the provided checkout link. The contract is concluded upon confirmation of payment by our payment provider Stripe.

05§ 5 Prices and Payment

All prices are inclusive of statutory VAT. Payment is processed exclusively through Stripe. • Starter — €0.79 one-time (regular price €4.90), includes 3 personalized songs over a 3-day trial period • SongLove Unlimited — €9.90/mo, unlimited songs The Starter pack is a one-time charge of €0.79 that grants the user 3 personalized songs, valid for 3 days. After the 3 days have elapsed — or earlier, if all 3 Starter songs have been used and the user proactively confirms — the Starter plan automatically converts into the SongLove Unlimited plan (€9.90/mo, unlimited songs) unless the user cancels before conversion. The user must provide a valid payment method via Stripe to activate the Starter pack. SongLove Unlimited includes unlimited song creation, subject to a fair-use policy. Fair use means personal, non-automated creation for personal gifting and enjoyment. The Provider reserves the right to throttle creation if usage significantly exceeds typical personal use (e.g., more than 20 songs per calendar day). The Provider will notify the user before applying any throttle. This policy exists to ensure a high-quality experience for all users. Subscription cancellations are possible at any time via the Stripe customer portal or by writing 'kündigen' / 'cancel' to SongLove on WhatsApp.

06§ 6 Subscription and Cancellation

After the Starter pack period, the SongLove Unlimited subscription renews automatically on a monthly basis. Subscriptions can be cancelled at any time via the Stripe customer portal or by writing 'cancel' to SongLove on WhatsApp. Cancellation takes effect at the end of the current billing period — the user retains access to the service and can continue creating songs until then. Already created songs and their shareable links remain available permanently, even after cancellation.

07§ 7 Right of Withdrawal (Consumers)

Consumers have a 14-day right of withdrawal for distance contracts. SongLove delivers digital content (a personalized AI-generated song) that is not on a physical data carrier. By starting the song creation flow on WhatsApp after payment of the Starter fee, the consumer (a) expressly consents to the Provider beginning performance before the withdrawal period expires, and (b) acknowledges that the right of withdrawal is lost as soon as the song generation has started, in accordance with § 356(5) BGB / Art. 16(m) Directive 2011/83/EU. This consent is captured during the WhatsApp checkout flow.

08§ 8 Usage Rights

The user receives a simple, perpetual right of use for generated songs for personal, non-commercial purposes. This includes sharing songs via the provided link, sending them as gifts, and playing them privately. Rights to the submitted text prompt remain with the user. Commercial use of songs (e.g., publication on streaming platforms) requires prior written consent from the Provider.

09§ 9 Liability

The Provider is liable without limitation for intent and gross negligence. In cases of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations), limited to foreseeable, contract-typical damages. Liability for damages resulting from injury to life, body, or health remains unaffected. The Provider does not guarantee that generated songs will meet the user's subjective expectations. The user may create additional songs within their plan to achieve the desired result.

10§ 10 Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for disputes with entrepreneurs is the Provider's registered office. For consumers, statutory provisions apply.

11§ 11 Final Provisions

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall take the place of the invalid provision. Higrate GmbH Fünf Morgen 3 14195 Berlin Germany Email: [email protected]

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