Frequently Asked Questions | Your Gift Is a Song

1. About these terms

These terms form an agreement between you and HiGoTec Pty Ltd (HiGoTec, we, us or our) when you use this website, create an account, submit content or purchase a Your Gift Is a Song service.

By placing an order, you confirm that you are at least 18 years old and have authority to enter into the agreement. If you do not agree, do not submit an order or customer content.

Nothing in these terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot legally be excluded under the Australian Consumer Law or another applicable law.

2. The service

Your Gift Is a Song is an AI-assisted digital creation service that uses information supplied by customers to create personalised lyrics, music and related digital files. Unless expressly stated in the selected package, the service does not include an outside singer, musician, band, physical product or commercial music release.

Descriptions, demonstrations and holding media explain the intended service. Holding images and future-media positions are not customer testimonials or examples of completed customer work.

3. Accounts and security

You must provide accurate information, protect your login details and promptly tell us about suspected unauthorised access. You are responsible for activity through your account unless caused by our failure to take reasonable care.

Mission Control may be used across more than one HiGoTec-operated product. Product access remains subject to the terms applying to each product.

4. Customer content

Customer content includes names, stories, transcripts, photographs, recordings, instructions and other material you or a collaborator supplies.

You retain any rights you already hold in customer content. You give us a limited, non-exclusive licence to host, copy, process, adapt and disclose that content only as reasonably needed to supply, secure and support the service, comply with law and exercise our rights under these terms.

You confirm that you have the rights and permissions reasonably required to supply the content and authorise this use. Take particular care before providing private, sensitive or confidential information about another person.

5. Prohibited content and use

You must not use the service to create, upload or distribute material that:

is unlawful, threatening, defamatory, deceptive, abusive or seriously invasive of privacy;
exploits a child or sexualises a person without lawful consent;
infringes copyright, trade mark, publicity, privacy or other rights;
impersonates a person or deceptively presents synthetic material as genuine;
contains malicious code or attempts to interfere with the service; or
requests an unlawful or unsafe outcome.

We may refuse, pause or cancel content or activity reasonably believed to breach these rules. Any refund will depend on work already completed, third-party costs, the reason for refusal and rights that apply by law.

6. Creative and AI limitations

Creative results are subjective. We use the supplied brief and reasonable care, but cannot promise that a first version will match every personal expectation or produce an exact style, voice, artist imitation or emotional response.

AI-assisted outputs may contain unexpected wording, pronunciation or musical artefacts and may share general characteristics with other works. To the extent permitted by law, we do not promise that every element is unique, registrable, copyright-protected or suitable for commercial exploitation.

Correction and remake rights are those included in the selected package and the Delivery, Revisions and Refunds Policy.

7. Packages and prices

Package inclusions and total prices shown before purchase form part of the order. Prices use the same numerical amount in each supported currency rather than converting an Australian base price.

Australian consumer prices include applicable GST and unavoidable charges unless clearly stated otherwise. Optional additions, upgrades or payment-method surcharges will be disclosed before payment.

A promotional or Partner Program code may have eligibility, expiry and package conditions. Unless expressly permitted, codes cannot be combined, exchanged for cash or applied after an order is completed.

8. Delivery

The delivery clock begins when the final prompt confirms that all required information and files have been received. Current targets are up to three days for Standard, within 24 hours for Deluxe and within two hours for Ultimate.

These are targets, not unconditional guarantees. Complexity, customer changes, missing or unusable material, safety review, technical failure, third-party service interruption or events beyond reasonable control may require more time. We will take reasonable steps to communicate a material delay.

Revision and remake time begins after the relevant version is delivered and is separate from the original delivery target.

9. Corrections and remakes

Standard includes one collected round of lyric corrections, Deluxe includes two and Ultimate includes three. A round is one reasonably organised set of requested factual, pronunciation or wording changes submitted within the stated review period.

A new recipient, materially different story, replacement brief or substantially different creative direction is new work rather than a correction.

Ultimate includes one qualifying full-song remake. A qualifying remake must use the same recipient and core story and must be requested within the stated review period. It does not include unlimited versions or repeated changes of direction.

10. Cancellations and refunds

Personalised work may begin quickly. If you request cancellation before production begins, we will ordinarily refund the amount paid. Once production has begun, a change-of-mind refund may be reduced by the reasonable value of work already performed and non-recoverable third-party costs, or may not be available after substantial completion.

This change-of-mind policy does not limit remedies available where the service fails to meet a consumer guarantee. Depending on the circumstances and whether a problem is major or minor, remedies may include correction, replacement service, cancellation, refund or compensation as required by law.

Further details appear in the Delivery, Revisions and Refunds Policy, which forms part of these terms.

11. Rights in finished work

After full payment, you receive a non-exclusive, worldwide, ongoing licence to use and share the supplied final files for personal and non-commercial purposes, including giving the song to its intended recipient and sharing it through personal social accounts.

Commercial advertising, resale, sublicensing, merchandise, paid distribution, monetised media, public performance administration or commercial streaming release requires any additional rights or service expressly stated in writing.

We retain ownership of the website, systems, templates, software, methods, branding and other pre-existing material. We will not use an identifiable customer story, song, photograph or reaction video for marketing without appropriate permission.

12. Third-party services

The service may rely on hosting, AI, payment, email, storage, security and distribution providers. Their availability and technical behaviour may affect the service. We remain responsible for obligations that the law places on us but are not responsible for an independent third party’s separate service or website beyond our reasonable control.

13. Liability

To the extent permitted by law, we are not liable for indirect or consequential loss, loss caused by inaccurate customer instructions, unauthorised customer content, use outside the supplied licence, or events outside our reasonable control.

Where the law permits a consumer guarantee remedy to be limited, our liability may be limited to supplying the service again or paying the reasonable cost of having it supplied again. This limitation does not apply where it would be unlawful, or to liability that cannot legally be excluded or limited.

14. Suspension and termination

We may suspend access where reasonably necessary to protect customers or systems, investigate suspected misuse, comply with law or address non-payment. We may terminate an account for serious or repeated breach after considering the circumstances and any rights that continue by law.

15. Changes to these terms

We may update website terms and policies as the service, technology or law changes. The latest version is effective when published and may be updated without individual notice where the change is not material to an existing paid order.

The terms accepted for a paid order will continue to govern that order unless a change is required by law, benefits you without reducing your rights, or you expressly accept the change. Continued general website use after publication means the current website-use terms apply to that later use.

16. Governing law and contact

These terms are governed by the laws of Queensland, Australia. Courts with jurisdiction under applicable law may hear a dispute.

Questions may be sent to contact@yourgiftisasong.com. Legal correspondence may also be sent to:
HiGoTec Pty Ltd
PO Box 278
Fortitude Valley QLD 4006
Australia

Everything you may want to know before you begin.

You can meet Annie before you have every answer.

Everything you may want to know before you begin.

What makes the song genuinely personalised?

Do I need to write lyrics or know anything about music?

Can the song be made in another language?

When does the delivery clock start?

How fast will my song arrive?

Can I request changes?

What files will I receive?

Can you release the song on Spotify or other streaming platforms?

Is my conversation with Annie private?

Do you use real singers or musicians?

What if I change my mind?

Can someone else help me tell the story?

You can meet Annie before you have every answer.