Terms of service

1. Agreement to Terms

By accessing or using the website at winslowband.com or placing an order with The Winslow Family Band ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and The Winslow Family Band. Please read them carefully before placing an order.

2. Description of Service

The Winslow Family Band creates custom, personalized songs written and recorded by real musicians. You provide us with stories, memories, names, and other details, and we craft an original song and deliver it to you as a digital audio file.

Our Service includes:

• Songwriting: Original lyrics written based on the details and stories you provide.
• Recording: A professionally recorded song performed by The Winslow Family Band.
• Digital Delivery: Your completed song delivered via email as a downloadable audio file.

3. Eligibility

To use our Service, you must:

• Be at least 18 years of age.
• Have the legal capacity to enter into a binding contract.
• Not be prohibited from using the Service under applicable law.
• Have the right to share any personal information about third parties mentioned in your song request.

By placing an order, you confirm that you meet all of the above requirements.

4. Acceptable Use

You agree to use our Service only for lawful purposes. You may not:

• Submit content that is defamatory, threatening, obscene, or infringes on the rights of others.
• Submit false or misleading information about yourself or others.
• Use our Service to create content that promotes hate, violence, discrimination, or illegal activity.
• Attempt to interfere with the proper functioning of our website.
• Use automated tools or bots to access or scrape our Service.
• Resell or commercially exploit our Service without our written consent.

We reserve the right to refuse any order that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate.

5. Your Submissions

When you provide us with stories, memories, names, or other details ("Your Content") to create your song, you:

• Retain ownership of Your Content.
• Grant us a non-exclusive, royalty-free license to use Your Content solely for the purpose of writing and recording your custom song.
• Confirm that you have the right to share any information about other individuals mentioned in your submission.
• Understand that the finished song is a creative interpretation and may not match your expectations exactly.

You are solely responsible for the accuracy and appropriateness of the information you submit.

6. Creative Output

Each song is an original, handcrafted creative work. By ordering, you acknowledge that:

• The finished song is a creative interpretation of the details you provide and may not capture every nuance exactly as you envisioned.
• Songwriting is subjective — style, tone, and creative choices may differ from your expectations.
• We cannot guarantee a specific outcome, but we are committed to quality and will work with you if something doesn't feel right (see Section 8 on our remake policy).

7. Payment

All payments are processed securely through our payment processor. By placing an order, you agree that:

• Prices are as shown at the time of checkout and are subject to change.
• Your order price is locked in once payment is successfully completed.
• You authorize us to charge the payment method you provide for the full order amount.
• You are responsible for any applicable taxes.
• Work on your song begins after payment is confirmed.

We do not store your payment card details. All payment data is handled by our payment processor in compliance with PCI-DSS standards.

8. Satisfaction & Remake Policy

We want you to love your song. If you are not happy with what you receive, we offer one (1) complimentary remake under the following conditions:

How to Request a Remake

• You must contact us within 48 hours of receiving your song delivery email.
• You must provide specific feedback explaining what you'd like changed (lyrics, style, tempo, name pronunciation, etc.).
• Email us at info@winslowband.com with your order details and feedback.

What a Remake Covers

• Fixing details that don't match what you requested (wrong name, wrong occasion, wrong style, etc.).
• Adjustments to lyrics, tone, or musical style based on your feedback.

What a Remake Does Not Cover

• Creating an entirely different song for a different recipient, occasion, or story.
• Requests submitted more than 48 hours after delivery.
• A second remake after the first has been delivered.

9. Refunds

Because every song is a custom, handcrafted digital product created specifically for you, all sales are final once work on your song has begun.

Limited Exceptions

A refund may be considered only in the following circumstances:

• We are unable to deliver your song due to a technical failure on our end that we cannot resolve.
• Duplicate charges: You were incorrectly charged more than once for the same order.

To request a refund under these exceptions, contact us at info@winslowband.com with your order details. All refund decisions are at our sole discretion.

10. Intellectual Property

Ownership

The Winslow Family Band retains all copyright and intellectual property rights in the songs, lyrics, recordings, and other content we create ("Delivered Content"). Your purchase grants you a personal license to use your song — it does not transfer ownership or copyright to you.

Your Personal Use License

Upon successful payment, we grant you a personal, non-exclusive, non-transferable license to use your custom song for:

• Personal, non-commercial enjoyment.
• Sharing with family and friends.
• Playing at private events (weddings, birthdays, anniversaries, etc.).
• Posting on personal, non-monetized social media accounts.
• Personal archiving.

What You May Not Do

Unless you have purchased a separate commercial license, you may not:

• Sell, license, or commercially distribute your song.
• Use the song in advertising, promotional materials, or monetized content.
• Submit the song to streaming platforms (Spotify, Apple Music, etc.) for commercial distribution.
• Claim copyright ownership of the Delivered Content.

If you are interested in commercial use of your song, please contact us at info@winslowband.com to discuss a commercial license.

11. Service Availability

We do our best to maintain consistent availability of our website and order processing. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control. We are not liable for any loss resulting from Service unavailability.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Service will be error-free or that the Delivered Content will perfectly match your expectations. Creative output is inherently subjective.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WINSLOW FAMILY BAND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR YOUR ORDER.

Our total liability to you for any claim arising from or related to the Service shall not exceed the amount you paid for the order giving rise to the claim.

14. Indemnification

You agree to indemnify and hold harmless The Winslow Family Band from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any information you submitted about other individuals without authorization.

15. Dispute Resolution

Informal Resolution

Before taking any formal action, please contact us at info@winslowband.com so we can try to resolve the issue directly. We will make every effort to respond within 30 days.

Binding Arbitration (US Users)

If we cannot resolve a dispute informally, you and The Winslow Family Band agree to resolve any disputes through binding individual arbitration rather than in court, except for claims eligible for small claims court. Arbitration will be conducted in accordance with the American Arbitration Association (AAA) Consumer Arbitration Rules.

Class Action Waiver (US Users)

YOU AGREE TO RESOLVE ANY DISPUTES ON AN INDIVIDUAL BASIS ONLY AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

16. Governing Law

These Terms are governed by the laws of the United States. Any disputes not subject to arbitration shall be resolved in the appropriate courts of the United States.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

18. Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and The Winslow Family Band regarding the Service.

20. Contact Us

If you have any questions about these Terms, please reach out: