Terms of Service

The Site cannot and does not contain professional or definitively accurate product/service advice and/or opinions. The product/service information and/or opinions are provided for entertainment and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon your scores, we encourage you to consult with the appropriate professionals. We do not provide any kind of professional or definitively accurate product/service advice. THE USE OF RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

1.1. Thanks for choosing Memory Anthem ("the Provider", "we", "us", "our"). Memory Anthem is a trading name operated by a limited company Herbal Solutions UAB incorporated under Lithuanian laws, address Ukmergės g. 126, LT-08100 Vilnius, Lithuania.

1.2. It is very important that you would take your time to thoroughly read and understand these Terms of Service ("Terms"), as these Terms shall govern the entire relationship between you, (the "User", "you") and us, whenever you will be visiting our site https://memoryanthem.com (the "Website") and/or making any purchase on the Website.

1.3. Please do not proceed with making any purchases on the Website if You have not thoroughly read and understood the provisions of these Terms, as whenever You'll be buying anything from us these Terms shall be considered as a legally binding contract between You and us. We strongly advise not to proceed with making any purchases on the Website if You have not thoroughly read and understood the provisions of these Terms or if You do not agree with the provisions of these Terms.

2.1.1. By using Our services, you will receive a custom-made, professionally performed personalized song delivered digitally to your email. When placing an order, you may specify:

• Who the song is meant for: Husband, Wife, Partner, Girlfriend, Boyfriend, Children, Father, Mother, Sibling, Friend, Myself, Pet, or Other
• Recipient's name
• Occasion: Just Because, Wedding, Anniversary, Baby Lullaby, Memorial Tribute, Pet Celebration, Pet Memorial, Milestone, Birthday, Graduation, Retirement, Mother's Day, Father's Day, Proposal, Friendship, Thank You, or Custom
• Genre: Pop, Country, Rock, R&B, Jazz, Acoustic, Rap/Hip-Hop, Indie, Latin, K-Pop, or EDM/Dance
• Singer gender preference: Male or Female
• A description of what makes that person special
• Favourite memories to be incorporated into the song
• A personal message to be included in the song
• Each song is performed by a professional musician or band selected from our vetted pool of artists. The standard delivery time is 7 days from order confirmation. An express within 24 hours delivery option is available for an additional fee.

2.1.2. All Services are provided in digital form only and are deemed fully and finally delivered once the relevant digital content (song file) becomes available for your use via the email provided at checkout.

2.1.3. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for your personal (or internet business) use.

2.1.4. By requesting immediate access to the Services, you expressly consent to their performance beginning before the end of the statutory withdrawal period and acknowledge that you will lose your 14-day right of withdrawal once the Services have been fully performed.

2.2.1. In addition to our Services, we may offer physical and digital products (the "Goods"), including video clips, postcards, music sheets, vinyls, CDs, and lyric art.

2.2.2. In accordance with Article 16(c) of Directive 2011/83/EU, Personalised Goods are non-returnable and non-refundable once the order is confirmed, except where the Goods are defective or not as described. Returns for other Goods are otherwise governed by Section 8 (Cancellations and Refund Policy).

2.2.3. Songs and other digital content are deemed delivered and fully provided when the download link or email delivery is made available to you. File formats and any device/software requirements will be disclosed at checkout. You are responsible for ensuring compatibility.

2.2.4. Where immediate access to the song is provided, you expressly consent to immediate performance and acknowledge the loss of the 14-day right of withdrawal under Article 16(m) of Directive 2011/83/EU. If you do not consent to immediate performance, access to the song will be withheld until the expiry of the statutory withdrawal period.

2.2.5. If the Goods you receive are defective, corrupted, damaged, or not as described, you must notify us within 14 days of receipt at [email protected]. We may request reasonable evidence and will, where appropriate, provide a replacement file, replacement item, or a refund.

2.2.6. Physical Goods are produced in compliance with applicable EU requirements. Digital goods are provided in compliance with consumer protection and digital content laws.

2.2.7. Accurate characteristics, specifications, and other relevant information about the Goods are provided on the relevant product description page of the Website and/or during the checkout process.

2.2.8. Unless otherwise stated, title to physical Goods passes to you upon delivery; risk of loss passes upon delivery to the carrier if shipping is arranged by you, or upon delivery to your address if arranged by us. For digital content, title transfers; you receive only the limited use licence as described in Clause 7.8.

2.2.9. Delivery timelines and any shipping fees for physical Goods will be displayed at checkout. While we strive to deliver within the indicated timeframes, these are estimates only.

3.1. The currently applicable prices are shown on the Website checkout page. Prices may change from time to time as permitted by these Terms.

3.2. Unless stated otherwise at checkout, prices include applicable VAT where required by law. Shipping fees for Goods and any applicable customs, duties, or similar charges (if applicable) will be shown or calculated at checkout.

3.3. By placing an order, you authorise us (and our payment processors) to charge the total amount due to your selected payment method.

3.4. We may store an encrypted payment token issued by your payment provider to process subsequent transactions. The token itself does not contain payment card details.

3.5. If you enable the One-Click Payment feature, you agree that: (a) We may securely use the encrypted payment information and your stored details to process future transactions without requiring additional confirmation from you; (b) You must not share commercial offers or links intended specifically for you, as these may be linked to your One-Click Payment feature; (c) We will not be liable for any losses or damages arising from your failure to keep your credentials secure or from unauthorised use of such links, except where required by law.

3.6. We may revise pricing, cancellation, and refund policies upon reasonable advance notice on the Website or by other appropriate means. Changes apply to orders placed after the effective date of the change.

3.8. We will make an electronic receipt or invoice available after each successful payment.

4.1. Furthermore, by agreeing to these Terms and making a purchase on Our Website you confirm to us, that:

• (a) You are at least 18 years old or above the legal age applicable in your country for entering into any distance agreement;
• (b) Your provided contact, billing and personal information is true and correct;
• (c) You are paying for the Services with the credit card that belongs to You or the owner of the credit card has authorised You to use the card;
• (d) You are purchasing the Services for personal use only.

4.2. You can contact the Provider's customer support team at any time via email at [email protected]. Support costs are included in the Service price.

4.3. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws. All contents of the Services, including compositions, lyrics, recordings, and design elements, belong to the ownership of the Provider and are protected by copyright laws.

4.4. You acknowledge that the webpage does not have to be accessible all the time, especially with regard to necessary maintenance works performed from time to time.

4.5. By agreeing to these Terms, you confirm that you understand that the Services may not be refused once they are provided to you.

5.1. The Provider shall not be held responsible for any damages resulting from the use of the personalised songs or other content delivered through the Service.

5.2. The Provider is not responsible if information made available on this Website is not accurate, complete or current. Any reliance on the material on this site is at your own risk.

5.3. The Provider made every effort to ensure the quality of the personalized songs delivered. We cannot guarantee that your device's audio playback will be identical across all platforms.

5.4. The Provider does not warrant that the Services will be uninterrupted or error free. The Provider shall not be responsible for any service interruptions, including system failures or other interruptions that may affect the receipt or delivery of songs.

5.5. We reserve the right to cancel your request to purchase our Services and reject any payments if we have reasonable grounds to believe that:

• (a) you are buying our Services for industrial or commercial use (including reselling or leasing);
• (b) you are younger than 18 years of age;
• (c) you have not read these Terms.

6.1. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

6.2. Personal information shared when placing a song order (including names, memories, and messages) may be used to fulfil your order and improve our services. All data is handled in aggregate and anonymously for research purposes. No personally identifiable information will be shared publicly.

6.3. The Provider handles all personal data of the User with utmost care and diligence and does not allow any unauthorized use of any personal data. The Provider ensures that all personal data shall be collected and processed in accordance with all applicable laws. To find out more, please read our Privacy Policy.

6.4. By accepting these Terms you agree that the Provider would use your personal data for the purposes of carrying out its obligations regarding provision of Services.

7.1. All intellectual property that can be found on the Website or received while using our Services or Goods, including but not limited to song compositions, lyrics, recordings, artwork, logos and trademarks, is owned by Us.

7.2. Users of the Website and/or Services are forbidden to reproduce, edit, transmit, publish, sell, or send any materials or intellectual property related to the Services, including but not limited to digital song files supplied by Us, in whole or in part without Our prior written consent.

7.3. No part of these Terms can be interpreted as a transfer of intellectual property rights in addition to the Services, Goods or digital Goods.

7.4. We shall have the right, for the purpose of enforcing intellectual property rights, to impose restrictions on the number of devices or types of devices on which digital content related to the Services or Goods can be used.

7.5. If any User of our Website and/or Services acts in contravention with this section of Terms, We will suspend access to the relevant digital content, notwithstanding Our right to recover from the User the loss suffered as a result of or in connection with the infringement including any expenses incurred (legal costs, etc.).

7.6. We grant you a limited, non-exclusive, non-transferable, and non-sublicensable licence to access and use the Services, including any software or web application, solely for your personal use and in accordance with these Terms.

7.7. Subject to the limited licence rights granted under these Terms, We own all right, title and interest in and to the Website, including all text, graphics, images, audio, video, data compilations and any other content made available via the Services or Goods, and all associated intellectual property rights.

7.8. Purchase of a digital song or other digital Goods provides you with a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download as content for personal, non-commercial use on compatible devices. No title or intellectual property right in the digital file transfers to you.

8.1. Since all Services are in digital form only, by agreeing with these Terms of Service the User confirms that he/she understands that the Services shall be considered as delivered to the User from the moment when the personalized song file becomes available to the User via their registered email address.

8.2. In accordance with the provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, once you have been provided: (a) digital content that has been made available to you (including personalized song files) may not be cancelled or returned once delivered; (b) goods that are made to the consumer's specifications or are clearly personalised for their individual needs, including but not limited to custom songs explicitly prepared for you, are non-refundable once the order has been confirmed.

8.3. The Provider is not obliged to make any refunds for any cancellations of Services that were delivered to you prior to the cancellation, unless otherwise stated in these Terms.

8.4. We are confident in the quality of our services and want to ensure your satisfaction. If, within the first 30 days from the date of purchase of the Services, you are not satisfied with your experience, we will provide a full refund of the amount paid for the Services. To request a refund, please contact our customer support at [email protected]. This money-back guarantee is subject to our verification that the song was not yet delivered or accessed. For clarity, this money-back guarantee does not apply to already delivered personalized songs, which are governed by Clauses 2.2 and 8.2.

8.5. If you wish to cancel your order before the song has been assigned to a musician, you may do so by emailing [email protected]. Please include "Cancellation of Order" in the subject line along with your full name, email address, order number, and a brief reason. Once production has commenced, cancellation may not be possible.

8.6. Defective or non-conforming Goods: If the Goods you receive are defective, corrupted, damaged, or not as described, you must notify us within 14 days of receipt at [email protected]. We may request reasonable evidence and will, where appropriate, provide a replacement or a refund. This clause is without prejudice to your statutory rights under applicable consumer law.

9.1. If you have any complaints regarding the Services you may contact our customer support at any time. We will put our best efforts to deal with complaints as soon as possible.

9.2. We will put our best efforts to the positive settlement of the complaint or claim. We may refuse to process a complaint or claim if it is provided in other form than written.

9.3. If we are unable to reach an amicable settlement with You, you may transmit a request or complaint to your local consumer rights protection authorities. If you are an EU-based resident, you can also fill out a request form on the ODR platform at: http://ec.european/odr. You have the right to appeal to any court of your place of residence or to other institutions considering consumer disputes in the out-of-court procedure.

9.4. These Terms of Service shall be governed by the law of the Republic of Lithuania, except when your local mandatory provisions of law explicitly state that the national (or international) laws of the consumer's place of residence can be applied.

10.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES, OR AN ACT OF GOD.

10.2 AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY APPLY TO YOU IN LESSER EXTENT. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED UNDER SUCH STATE LAW.

10.3. The Website may provide links to other websites maintained by third parties. Any information, products, software or services provided on or through third-party sites are controlled by the operators of such sites and not by us. When you access third-party sites, you do so at your own risk.

10.4. BY AGREEING TO THESE TERMS YOU CONFIRM THAT YOU UNDERSTAND THAT ALL SERVICES PROVIDED BY US ARE FOR PERSONAL AND ENTERTAINMENT PURPOSES ONLY. THE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS WHICH WOULD BE IN RELATION TO USE OF THE SERVICES FOR OTHER PURPOSES THAN STATED IN THESE TERMS OF SERVICE.

10.5. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE ACCESSIBLE AT ALL TIMES, UNINTERRUPTED OR ERROR FREE.

10.6. The Website cannot and does not contain professional advice. The product/service information and/or opinions are provided for entertainment and educational purposes only. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

10.7. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE WEBSITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE WEBSITE OR THIRD-PARTY WEBSITE IS AT THE USER'S OWN RISK.

10.8. On the Website, we may showcase content, including names or pictures of our consumers or other persons. In compliance with GDPR regulations, we have altered the names or pictures of these individuals to safeguard their personal data. Please be informed that the true identity of these individuals is known to the company operating the Website.

11.1. If 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.

11.2. The User may not transfer or assign or sell any rights or obligations under these Terms of Service or otherwise grant any third party a legal or equitable interest without the Provider's prior written consent. The Provider reserves the right to transfer or assign these Terms of Service or any right or obligation under these Terms at any time.

11.3. The User can review the most current version of the Terms of Service at any time on this page. The Provider reserves the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. The Provider shall inform the User about any changes in the Terms within a reasonable timeframe.