Terms of Use

1. The service

my-bd-song is an online service that uses artificial intelligence to create a personalized birthday song — lyrics and an audio recording (two variants) — from the details you provide (e.g. the birthday person's name, age, traits, an inside joke, language and music genre).

You first preview a short snippet for free. You unlock the full song (full audio and lyrics) and download by paying. The song is digital content created on demand.

2. Account

No account is required to use the service. For payment you may be redirected to our payment provider.

3. Prices and payment

Prices (in EUR, VAT included):

• one song (one variant): €9.90
• both song variants: €14.90
• change parameters and regenerate the song: €1.90

Payments are processed by Stripe. We do not store or have access to your card details. Once payment succeeds, the corresponding content is unlocked or made available for download.

VAT is included in the price and applied in accordance with applicable rules. We automatically issue an invoice for every purchase and send it to you by email; we retain it in line with tax law. For invoice corrections, contact us at blaz@brainylab.io.

4. Immediate performance and right of withdrawal

The song is digital content not supplied on a tangible medium and is created immediately upon order. Before purchase, by ticking the relevant box, you expressly consent to us beginning performance immediately and acknowledge that you thereby lose your right to the 14-day withdrawal under the Consumer Protection Act and Directive 2011/83/EU.

We confirm this consent and the acknowledgment of losing the withdrawal right in the order confirmation we send you by email (on a durable medium).

5. Refunds

Because the content is digital and created specifically for you on demand, refunds are not available once the song has been generated.

If, due to a technical fault on our side, a song was not delivered or the recording is corrupted or unplayable, we will re-create the song free of charge or refund your payment within a reasonable time. Send your request to blaz@brainylab.io with the song link and a description of the issue.

Regardless of the above, you retain your statutory rights for digital content that does not conform to the contract (e.g. repair, proportionate price reduction or refund) under the Consumer Protection Act. The goodwill remedy for technical faults applies in addition to, not instead of, those rights.

6. Rights to the song (licence)

Upon payment you receive a non-exclusive, perpetual and worldwide right to use the created song (lyrics and recording) for personal AND commercial purposes.

Because the song is generated using generative AI, we make no warranty as to its originality or exclusivity and cannot guarantee that similar or comparable content will not be created for other users. We do not transfer exclusive copyright.

You are responsible for any use of third-party names, trademarks or other protected marks in the song.

7. Your obligations and acceptable use

You agree that:

• you only enter information you are entitled to use; if you enter another person's details (the birthday person), you warrant that you have a proper basis to do so;
• you do not use the service for unlawful, offensive, hateful, misleading or otherwise harmful content;
• you do not infringe third-party rights (copyright, privacy, trademarks);
• you do not abuse the service (e.g. automated or bulk generation, attempts to bypass payment or security).

8. AI and third-party content

We use external AI providers to generate lyrics and music. Outputs are automatically generated, may contain inaccuracies or unexpected elements, and do not represent the provider's views. We do not warrant that the result will meet your expectations in every respect.

9. Availability

The service is provided "as is" and "as available". Temporary interruptions may occur due to maintenance, upgrades or issues at external providers (e.g. the music generation provider) beyond our control.

10. Limitation of liability

To the maximum extent permitted by applicable law, we are not liable for indirect, incidental or consequential damages, or loss of profit or data, arising from use of the service. Nothing in these terms excludes or limits liability that cannot be excluded under mandatory law, including liability for death or personal injury, for intent or gross negligence, and mandatory consumer-protection rights.

11. Changes to these terms

We may update these terms from time to time. The terms in force at the time you place an order apply to that order. Material changes will be clearly marked.

12. Governing law and disputes

These terms and the relationship between you and the provider are governed by the law of the Republic of Slovenia. Disputes fall under the court with subject-matter and territorial jurisdiction in the Republic of Slovenia; mandatory consumer-protection rules remain unaffected.

We try to resolve any disputes amicably; contact us at blaz@brainylab.io. The provider does not recognize any out-of-court consumer dispute resolution body under the Slovenian Out-of-Court Settlement of Consumer Disputes Act (ZIsRPS).