Terms of Service

1. About These Terms

These Terms of Service ("Terms") are a binding agreement between you and the operator of Fondly Kept ("Fondly Kept," "we," "us," or "our"). They govern your use of fondlykept.com, your account, and our personalized song and digital gift services (collectively, the "Service"). By using the Service or placing an order, you agree to these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old, or the age of legal majority where you live, and able to enter into a binding contract. If you use the Service for an organization, you confirm that you have authority to bind it.

2. The Service

Fondly Kept uses automated and artificial-intelligence tools to turn the details you provide into personalized songs, artwork, and related digital products. Generated results may contain unexpected, inaccurate, or similar material and may vary between attempts. You are responsible for reviewing a result before sharing or relying on it. We may improve, replace, suspend, or discontinue a feature, but this does not limit any refund or other right that applicable law requires.

3. Accounts

You must provide accurate information and keep your login credentials secure. You are responsible for activity performed through your account unless you promptly report unauthorized access to support@fondlykept.com. You may delete your account from Settings → Security or request assistance from support. Account deletion does not automatically cancel an active subscription or erase records we must retain by law; see our Privacy Policy.

4. Your Content and Generated Results

"Your Content" includes names, stories, prompts, images, files, and other material you submit. You retain your rights in Your Content. You give us a limited, worldwide, non-exclusive license to host, reproduce, modify, transmit, and process Your Content only as needed to operate, secure, support, and improve the Service and to create the result you request.

You confirm that you have the rights and permissions needed to submit Your Content, including personal information about another person. Do not submit highly sensitive information that is unnecessary for the requested gift.

Subject to these Terms and applicable law, you may use the generated result for personal or commercial purposes. We do not promise that a generated result is unique, eligible for intellectual-property protection, or free of third-party rights. Outputs created for different users may be similar.

5. Prices, Payment, and Billing

• The product, price, currency, included credits or deliverables, and billing period shown at checkout form part of your order and control if they conflict with a general price shown elsewhere on the site.
• One-time purchases are charged once when you authorize checkout. A one-time purchase does not renew automatically.
• Monthly and annual plans are subscriptions. They are charged at checkout and automatically renew for the same billing period until canceled. We will show the recurring price and interval before purchase.
• You authorize us and our payment processor to charge the selected payment method for the order, renewal, applicable taxes, and any amount disclosed at checkout. We do not receive or store your complete payment-card number.
• Credits and product access are personal, non-transferable, have no cash value, and expire when the applicable plan or checkout terms say they expire. Unless the checkout expressly says otherwise, unused subscription credits do not roll over.
• We may change prices prospectively. A subscription price change takes effect no earlier than the next renewal after reasonable notice, unless applicable law requires a different process.

You can cancel a subscription before the next renewal from the billing or account controls made available for your payment method, or by emailing support@fondlykept.com. Cancellation stops future renewals and normally takes effect at the end of the paid billing period; it does not by itself refund a completed charge.

6. Refund Policy

Because songs and related gifts are personalized digital products and generation costs are incurred when work begins, purchases are generally final once a paid generation, download, or other paid deliverable has been used or started.

You may request a refund within 7 days of purchase if the associated credit or paid deliverable has not been used. We will also review requests involving a duplicate or unauthorized charge, failure to deliver the purchased service, or a material technical defect that we cannot correct within a reasonable time. Subscription cancellations apply to future billing periods; fees already paid for a current period are not prorated merely because the subscription was canceled.

Send the account email, order identifier, purchase date, and reason to support@fondlykept.com. Do not email full card numbers or account passwords. Approved refunds are returned to the original payment method. Processing time is controlled partly by the payment provider and financial institution. Nothing in this section excludes a refund, cancellation, cooling-off period, or other remedy required by applicable law.

7. Acceptable Use

You must not use the Service to:

• violate law or another person's privacy, publicity, copyright, trademark, or other rights;
• create or distribute unlawful, deceptive, harassing, hateful, exploitative, sexually abusive, or harmful material;
• impersonate another person or falsely suggest their endorsement;
• probe, disrupt, overload, reverse engineer, or bypass the security, usage limits, or payment controls of the Service;
• introduce malware, automate abusive requests, resell accounts or credits, or use generated material to train a competing model without our written consent.

8. Suspension, Termination, and Responsibility for Breach

We may restrict, suspend, or terminate access when we reasonably believe you have materially breached these Terms, created a security or legal risk, failed to pay an amount due, or used the Service fraudulently or abusively. Where reasonable, we will provide notice and an opportunity to correct the issue.

You remain responsible for charges and obligations incurred before termination. If your breach, unlawful content, or misuse causes a third-party claim, loss, or reasonable enforcement cost, you are responsible for that loss to the extent permitted by law. We remain responsible for our own breach and misconduct as required by applicable law.

9. Disclaimers

To the maximum extent permitted by law, the Service and generated results are provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing. We do not guarantee that the Service will always be available, error-free, secure, or that a result will be unique, factually accurate, or suitable for a particular recipient or purpose.

Some jurisdictions do not allow certain warranty exclusions. In that case, these exclusions apply only to the extent allowed by law.

10. Limitation of Liability

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenues, data, goodwill, or business opportunities arising from the Service. Our aggregate liability for claims relating to the Service is limited to the greater of USD 100 or the amount you paid us for the Service during the 12 months before the event giving rise to the claim.

These limits do not apply where liability cannot lawfully be limited, including liability for fraud, willful misconduct, or death or personal injury caused by negligence where applicable. Mandatory consumer rights remain unaffected.

11. Governing Law and Disputes

These Terms are governed by the laws of the country or region in which the operator of Fondly Kept has its principal place of business, without regard to conflict-of-law rules. Subject to any mandatory consumer right to bring a claim elsewhere, the courts with jurisdiction over that principal place of business have exclusive jurisdiction over disputes relating to these Terms or the Service. Before filing a claim, please contact us and allow 30 days for an informal resolution. This section does not prevent either party from seeking urgent injunctive relief.

12. Changes and General Terms

We may update these Terms. We will post the updated date and, for material changes, provide reasonable notice before the changes take effect. Changes do not retroactively alter a completed order. If one provision is unenforceable, the remaining provisions continue in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a merger, reorganization, sale, or transfer of the Service, subject to applicable law.

13. Contact

Questions, complaints, cancellation requests, and refund requests may be sent to support@fondlykept.com or through our contact page.