Terms of Service

Overview

Welcome to DivineSong! The terms "we", "us" and "our" refer to DivineSong. DivineSong operates this website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated experience (the "Services").

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our website or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our website is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

DivineSong provides personalized custom songs. While we aim to create something deeply moving and meaningful, the final result may differ from what you initially imagined. As with any services, interpretations and emotional responses can vary. We do not warrant that the appearance, quality, or emotional impact of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our website.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Section 3 - Important Disclaimers

Not Professional Advice

The Service does not provide medical, legal, financial, or psychological advice. If you are experiencing a crisis, please contact appropriate professional services immediately.

Section 4 - Orders

When you place an order, you are making an offer to purchase.DivineSong reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted untilDivineSong confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as DivineSongmay be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email provided at the time the order was made.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 5 - Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Section 6 - Delivery

We provide access to purchased services by making an access link available through the Services and may also send a courtesy notification to the email address you provide. It is your responsibility to ensure that the email address you provide is accurate and capable of receiving our messages.

Delivery is complete when the access link is made available, whether or not you open the email, click the link, or play the services, and whether or not any email notification is received (including if the email address provided is incorrect or inaccessible, or messages are filtered or bounce).

Upon delivery, responsibility for access, and the risk of loss or failure to access the product passes to you. This includes circumstances where you do not open the email, misplace it, or where delivery fails due to an incorrect or inaccessible email address provided by you. Please check your spam or junk folders if you do not see your delivery.

Access links may be time-limited, changed, or disabled without notice. We do not promise ongoing hosting, archiving, backup, re-delivery, or continued availability. Delivery times are estimates only and are not guaranteed, and we are not responsible for delays or access issues caused by events outside our control or by your devices, software, internet service, or email settings.

Section 7 - Intellectual Property and Song Ownership

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned byDivineSong, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

Song Ownership

All songs, musical compositions, sound recordings, lyrics, arrangements, and related creative works produced by DivineSong or through the Services ("Songs") are the sole and exclusive property of DivineSong. Songs are considered "works made for hire" under applicable copyright law, and to the extent any Song is not deemed a work made for hire, you hereby irrevocably assign to DivineSong all right, title, and interest in and to such Song, including all copyrights, neighboring rights, and any other intellectual property rights therein, throughout the universe, in perpetuity.

You acknowledge and agree that DivineSong owns all Songs and that you do not acquire any ownership interest in any Song by virtue of your purchase, use of the Services, or any payment made to DivineSong. The purchase price you pay is for a limited license to stream and share the Song as described in Section 8, not for ownership or transfer of any intellectual property rights.

DivineSong's Rights

DivineSong reserves the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, broadcast, stream, license, sublicense, sell, and otherwise exploit any and all Songs, in whole or in part, in any form, media, or technology now known or hereafter developed, including but not limited to:

• Streaming platforms such as Spotify, Apple Music, Amazon Music, YouTube Music, Tidal, Deezer, Pandora, and any other music streaming service
• Video platforms such as YouTube, Vimeo, TikTok, Instagram Reels, and similar services
• Social media platforms including Facebook, Instagram, Twitter/X, LinkedIn, and others
• Television, radio, film, podcasts, and other broadcast media
• Physical media including CDs, vinyl records, and other formats
• Marketing, advertising, and promotional materials for DivineSongor its partners
• Compilations, collections, remixes, samples, and derivative works
• Any other commercial or non-commercial use

These rights extend to the entire universe, including all territories on Earth and any extraterrestrial locations, platforms, or services that may exist now or in the future. DivineSong may exercise these rights without additional notice or compensation to you.

General Intellectual Property

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of DivineSong, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by DivineSong.

Your Grant to DivineSong

Subject to applicable law and our Privacy Policy, you grantDivineSong a perpetual, worldwide, non-exclusive, royalty-free, irrevocable (to the extent permitted by law), transferable, and sublicensable license to use, reproduce, modify, edit for length or clarity, publish, distribute, publicly perform and display, translate, and create derivative works from—including for marketing and promotional purposes—(a) materials you provide to us, whether through the Services or otherwise (including stories, names, and song briefs); (b) any outputs delivered to you; (c) your communications with us; and (d) any reaction videos, testimonials, photos, or other media you upload, send, or otherwise provide to us by any means (including email, social media, website upload, or any other method), in any media now known or later developed, throughout the universe, without further notice or compensation.

For additional details regarding media submissions, please see our Media Release policy, which is incorporated into these Terms by reference.

You represent and warrant that you have all necessary rights and consents for any names, voices, likenesses, or personal data of others you provide, including minors, and that you are the parent or legal guardian of any minor whose information you provide or have verifiable parental consent; to the extent permitted by law, you waive any moral rights in such material.

Section 7.5 - Third-Party Music Distribution Platforms

When DivineSong publishes Songs to Spotify or other music streaming platforms on your behalf, you acknowledge and agree to the following:

a) No Affiliation

DivineSong is not affiliated with, endorsed by, sponsored by, or in any way officially connected with Spotify AB, Spotify USA Inc., or any of their subsidiaries or affiliates. "Spotify" and the Spotify logo are registered trademarks of Spotify AB. DivineSong is an independent service that distributes music to various platforms.

b) Third-Party Terms Apply

Your use of Spotify or any other streaming platform is subject to that platform's own terms of service, privacy policy, and community guidelines. DivineSong has no control over these terms, which may change at any time without notice to us.

c) Platform Fees and Subscriptions

Spotify and other streaming platforms may require users to pay subscription fees, maintain premium memberships, or meet other requirements to access certain features or content. These fees are entirely separate from and in addition to any fees paid to DivineSong.DivineSong does not receive any portion of platform subscription fees, and we have no control over platform pricing.

d) No Guarantee of Availability

DivineSong cannot guarantee:

• That your Song will be accepted by any streaming platform
• That your Song will remain available on any platform indefinitely
• That your Song will be available in all countries or regions
• That your Song will appear in search results or recommendations
• That streaming platforms will not modify, restrict, or remove your Song

e) Content Removal

Streaming platforms may remove, restrict, or modify content at their sole discretion, including for violations of their content policies, copyright claims, or any other reason. DivineSong is not responsible for any such actions and cannot restore removed content.

f) Processing Times

Actual availability of Songs on streaming platforms depends on each platform's review and processing times, which are outside our control. We make no guarantees regarding specific publication dates or times.

g) Limitation of Liability

DivineSong shall not be liable for any damages, losses, or expenses arising from:

• Actions taken by streaming platforms regarding your Song
• Changes to streaming platform terms, policies, or fees
• Technical issues, outages, or errors on streaming platforms
• Your inability to access your Song on any streaming platform

h) Royalties and Revenue

All Songs published to Spotify or other streaming platforms remain the exclusive property of DivineSong as set forth in Section 7. You acknowledge and agree that:

• DivineSong retains all rights, title, and interest in and to any Songs distributed to streaming platforms, including all intellectual property rights
• All royalties, streaming revenue, licensing fees, and any other income or compensation generated from Songs on streaming platforms belong exclusively to DivineSong
• You have no right to receive any royalties, revenue share, or other compensation from the streaming or distribution of your Song on any platform
• The Spotify Publishing fee you pay covers only the one-time service of distributing your Song to the platform, not any ongoing rights to revenue generated by the Song

Section 7.6 - YouTube Video Publishing

When DivineSong publishes Songs as videos to YouTube on your behalf through the YouTube Publishing add-on, the following additional terms apply in addition to Section 7.5 above:

a) No Affiliation with YouTube or Google

DivineSong is not affiliated with, endorsed by, sponsored by, or in any way officially connected with YouTube LLC, Google LLC, Alphabet Inc., or any of their subsidiaries or affiliates. "YouTube" and the YouTube logo are registered trademarks of Google LLC.DivineSong is an independent service that uploads video content to YouTube on behalf of its customers. The YouTube Publishing add-on is a service provided solely by DivineSong and is not a YouTube product or offering.

b) YouTube Terms of Service

All videos published through this service are subject to the YouTube Terms of Service, YouTube Community Guidelines, and Google Privacy Policy, which may change at any time without notice to DivineSong. By purchasing the YouTube Publishing add-on, you acknowledge that you have reviewed and accept these third-party terms.

c) Video Content and Format

DivineSong creates the video using your Song's audio and cover art or, where available, a karaoke-style lyrics video. The video title, description, tags, and thumbnail are generated by DivineSong at our sole discretion. Videos are published to DivineSong's YouTube channel, not to your personal YouTube account. You do not have access to edit, manage, or control the video on YouTube.

d) No Guarantee of Availability or Performance

DivineSong cannot guarantee:

• That your video will be accepted or remain available on YouTube
• That your video will not be removed, restricted, age-gated, or demonetized by YouTube
• That your video will appear in YouTube search results, recommendations, or suggested videos
• That your video will be viewable in all countries or regions
• Any specific number of views, likes, comments, or subscriber engagement
• That YouTube will not change its platform, algorithms, policies, or features in ways that affect your video

e) Copyright Claims and Content ID

YouTube operates an automated copyright detection system (Content ID) and accepts manual copyright claims from third parties.DivineSong is not responsible for any copyright claims, Content ID matches, strikes, or takedown requests issued against your video by YouTube or any third party. If a claim is made, DivineSong may, at its sole discretion, dispute the claim on your behalf but is under no obligation to do so. DivineSong shall not be liable for any consequences of copyright claims, including video removal, channel penalties, or loss of access.

f) Video Removal and Modification

YouTube may remove, restrict, demonetize, or modify any video at its sole discretion, including for violations of its Community Guidelines, copyright claims, terms of service violations, or any other reason. DivineSong is not responsible for any such actions by YouTube and cannot guarantee the restoration of removed or restricted content. DivineSong also reserves the right to remove videos from its YouTube channel at any time for any reason.

g) No Revenue Sharing

Videos published through the YouTube Publishing add-on may generate advertising revenue or other income on YouTube. You acknowledge and agree that:

• All advertising revenue, Super Chat income, channel memberships, YouTube Premium revenue, and any other income generated by or through your video on YouTube belongs exclusively to DivineSong
• You have no right to any revenue, royalties, or compensation from YouTube or any other source related to your video
• The YouTube Publishing fee covers only the one-time service of creating and uploading the video, not any ongoing rights to revenue generated by the video

h) Refund Limitations

Once a video has been uploaded to YouTube, the YouTube Publishing fee is non-refundable, as the service has been fully rendered.DivineSong is not obligated to issue refunds if YouTube subsequently removes, restricts, or modifies your video for any reason.

i) Limitation of Liability

To the maximum extent permitted by law, DivineSong shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to:

• YouTube's actions regarding your video, including removal, restriction, demonetization, or modification
• Copyright claims, Content ID matches, or strikes on your video
• Changes to YouTube's terms, policies, algorithms, or platform features
• Technical issues, outages, or errors on YouTube's platform
• Your inability to access, view, or share your video on YouTube
• Any third-party actions related to your video on YouTube
• Loss of views, engagement, or expected exposure on YouTube

j) Indemnification

You agree to indemnify and hold harmless DivineSong, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from or related to your use of the YouTube Publishing add-on, including but not limited to claims arising from the content you provided for your Song or any violation of YouTube's terms of service attributable to such content.

Section 8 - Your License to Stream Songs

You retain ownership of the original stories and briefs you submit to us. However, Songs created by DivineSong based on your submissions are owned exclusively by DivineSong as described in Section 7.

Limited License Grant

Subject to your compliance with these Terms and your payment in full,DivineSong grants you a limited, non-exclusive, non-transferable, revocable license to:

• Stream your Song through DivineSong's website for personal, non-commercial purposes
• Share the provided share link with friends and family for personal, non-commercial purposes

License Restrictions

This license does NOT include any right to:

• Download, copy, rip, or otherwise reproduce any Song
• Sell, license, sublicense, rent, lease, or transfer any Song or any rights therein
• Distribute, broadcast, or publicly perform any Song for commercial purposes
• Claim ownership, authorship, or copyright in any Song
• Use any Song in connection with any commercial product or service
• Modify, adapt, remix, or create derivative works from any Song
• Remove or alter any copyright notices, watermarks, or metadata associated with any Song

All Songs remain hosted exclusively on DivineSong's platform. You may not download, rip, record, or otherwise copy any Song by any means, whether manual, automated, or through any third-party service or software. Any attempt to circumvent these restrictions is a violation of these Terms and may result in termination of your license and legal action.

License Termination

DivineSong may terminate or suspend your license to stream any Song at any time, with or without cause, in its sole discretion. Upon termination, you must cease all use of and access to the affected Song(s). DivineSong is not obligated to provide refunds upon license termination.

Section 9 - Privacy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. We may use third-party service providers to operate and improve the Services, as well as third parties that may be located in other countries than where you reside, in order to provide services to you.

Section 10 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but are under no obligation to, monitor, pre-screen, edit, publish, or remove any Feedback. We reserve the right, in our sole discretion, to decline to publish or to remove Feedback at any time for any reason.

Section 11 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

• For any unlawful or malicious purpose
• To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person
• To transmit false or misleading information
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate any other person
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services

In addition, you agree not to:

• Upload or transmit viruses or any other type of malicious code
• Reproduce, duplicate, copy, sell, resell or exploit any portion of the Services
• Collect or track the personal information of others
• Spam, phish, pharm, pretext, spider, crawl, or scrape
• Interfere with or circumvent the security features of the Services

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 12 - Crisis Situations

If your submitted content indicates potential self-harm or immediate danger, we may provide crisis resources. However, we are not able to monitor content in real-time or respond to emergencies. If you are in crisis, please contact emergency services (911) or crisis helplines immediately.

Section 13 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.

Section 14 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Section 15 - Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

You may delete your account at any time through your account settings. The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, and any other provisions that by their nature should survive termination.

Section 16 - Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services.

Features, files, and links may be unavailable, modified, or removed from time to time due to maintenance, updates, outages, third-party failures, or events beyond our control; we make no promise of continued availability of any particular feature, file, or link.

Except as expressly stated by DivineSong, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you. The Services and any content are for general information only and are not a substitute for professional advice.

Section 17 - Limitation of Liability

To the fullest extent provided by law, in no case shall DivineSong, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

Without limiting the foregoing, DivineSong is not liable for service interruptions, outages, delays, data loss, corrupted files, failed deliveries, or inability to access or retrieve links or content, including where caused by third-party providers or events beyond our reasonable control.

To the maximum extent permitted by law, in no event will our total liability arising out of or relating to any given purchase exceed the amount actually received by DivineSong from you for that purchase (net of any refunds, chargebacks, credits, payment processor fees, and third-party production or fulfillment costs). We may, at our option, satisfy any such liability by re-delivering the digital product or issuing a refund; these are your sole and exclusive remedies, notwithstanding any failure of essential purpose of any limited remedy. This limitation does not apply where prohibited by law.

Section 18 - Indemnification

You agree to indemnify, defend and hold harmless DivineSong, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 19 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 20 - Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 21 - Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 - Governing Law

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. For matters not subject to arbitration, the state and federal courts located in that jurisdiction have exclusive jurisdiction and venue, and you andDivineSong consent to personal jurisdiction in those courts.

To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules and governed by the Federal Arbitration Act; the arbitrator has exclusive authority to resolve disputes regarding arbitrability.

Class, collective, or representative actions are not permitted, and you and DivineSong waive any right to a jury trial.

Either party may bring an individual claim in small claims court, and either party may seek temporary or permanent injunctive relief in court to protect intellectual property or prevent unauthorized access or use of the Services. This section survives termination.

Section 23 - Refunds and Cancellations

Because our products and services are custom and digital in nature, all sales are generally final once work has begun or delivery has occurred. Cancellation requests must be submitted promptly tosupport@divinesong.com, and may be approved or declined at our sole discretion based on the status of your order.

Refunds are considered at our sole discretion. Add-ons, rush/priority delivery, and other upgrades are non-refundable once purchased.

Wall art prints are custom-manufactured physical products made to your specifications. Once you approve your design preview and production begins, the order is final and non-refundable. Please review your preview carefully before approving — we want you to love every detail.

If we are unable to deliver substantially as described in your order due to an error on our part, we may, at our option, re-deliver the digital product or provide a refund. Any approved refund will be issued to the original payment method; processing times vary by provider. Payment processor fees, third-party production, or fulfillment costs may be non-refundable and may be deducted from any refund where permitted by law.

If you believe a charge is incorrect, contact us first atsupport@divinesong.com so we can help resolve it. Initiating a chargeback without contacting us may delay resolution; we reserve the right to dispute chargebacks and to suspend accounts associated with abusive or fraudulent disputes.

Section 24 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 25 - SMS/Text Messaging Consent and Compliance

By providing your mobile phone number and opting in to receive text messages from DivineSong, you expressly consent to receive recurring automated marketing and transactional SMS/MMS text messages fromDivineSong through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive text messages is not a condition of any purchase with DivineSong. Your participation in our text messaging program is completely voluntary.

Types of Messages

You may receive the following types of messages from DivineSong:

• Transactional messages — order confirmations, song delivery notifications, account alerts, and other service-related communications.
• Marketing messages — promotions, special offers, new product announcements, cart reminders, and other marketing communications.

Message Frequency and Costs

Message frequency varies based on your activity and preferences. We do not charge for the text messaging service, but message and data rates may apply. You are responsible for all charges imposed by your wireless carrier related to text messaging. Check your mobile plan or contact your wireless carrier for details.

How to Opt Out

You may revoke your consent and opt out of receiving text messages at any time by replying STOP to any text message you receive from us. You will receive a one-time opt-out confirmation message and no further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other DivineSong mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

Help and Support

For help with our text messaging service, reply HELP to any text message or contact us at support@divinesong.com.

Privacy and Data Sharing

Your mobile phone number and SMS consent information will not be shared with any third party for their own marketing purposes. We may share your phone number with our SMS service provider (Klaviyo) solely for the purpose of delivering messages to you. For more information on how we collect, use, and protect your personal information, please see our Privacy Policy.

Supported Carriers

DivineSong's text messaging service is available on most major U.S. wireless carriers. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

Section 26 - Contact Information

Questions about the Terms of Service should be sent to us atsupport@divinesong.com.