The Songai Platform Terms of Service

1. Introduction

Welcome to The Songai.

These Terms & Conditions ("Terms") govern your access to and use of The Songai platform, including our website, applications, products, software, artificial intelligence services, digital content, subscriptions, and any related services we make available (collectively, the "Platform").

The Platform is owned and operated by The Songai Media FZ-LLC, a company incorporated in the Emirate of Ras Al Khaimah, United Arab Emirates.

These Terms form a legally binding agreement between you and The Songai Media FZ-LLC.

By creating an account, accessing the Platform, purchasing any products or services, or otherwise using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms.

If you do not agree with these Terms, you must not use the Platform.

These Terms should be read together with our:

• Privacy Policy
• Cookie Policy
• Refund Policy
• Acceptable Use Policy
• AI Transparency Policy

Each forms part of your agreement with The Songai.

2. Our Philosophy

The Songai exists to help people create more meaningful human connections through music and technology.

Everything we build is guided by five fundamental principles:

• Privacy by Default
• Customer Ownership
• Transparency
• Responsible Artificial Intelligence
• Human Connection First

These principles are described in The Songai Constitutional Principles and guide the interpretation of these Terms wherever reasonably applicable.

2.1 Our Customer Commitments

The relationship between The Songai and its users is founded on trust.

Accordingly, The Songai makes the following commitments to every customer:

Privacy by Default

Every song, story and creation is private unless you expressly choose to make it public.

We will never intentionally publish your personal content without your permission.

Your Memories Remain Yours

Your memories, stories, photographs and recordings belong to you.

The Songai does not claim ownership of your life experiences or personal history.

Transparent Artificial Intelligence

We will always be transparent when artificial intelligence is used to help create your content.

We will never represent AI-generated material as entirely human-created.

No Hidden Commercialisation

The Songai will never sell, license or commercially exploit your private content without your explicit consent.

Where opportunities exist to distribute or monetise your Generated Content, participation will always require an active decision by you.

Responsible Innovation

As technology evolves, The Songai will continue to improve its Services while remaining committed to privacy, transparency and responsible use of artificial intelligence.

Nothing in this section limits or replaces the legally binding provisions contained elsewhere in these Terms. Rather, it explains the principles that guide how The Songai seeks to operate its Platform and serve its customers.

3. Definitions

For the purposes of these Terms:

Account means your registered The Songai user account.

AI Services means any artificial intelligence, machine learning or automated technologies used by The Songai to generate, edit, personalise or enhance content.

Content means all text, prompts, stories, photographs, videos, audio recordings, names, messages, artwork, lyrics, metadata and other information submitted to or generated through the Platform.

Generated Content means any music, lyrics, artwork, videos, written content or other creative material produced through the Platform.

Platform means The Songai website, mobile applications, APIs, software, digital services and related technology operated by The Songai.

Recipient means a person who receives a The Songai creation as a gift.

Services means all products and services provided by The Songai, whether free or paid.

User Content means any information, materials or creative content submitted by you to the Platform.

We, Us, Our, and The Songai refer to The Songai Media FZ-LLC.

You and Your refer to any individual or entity using the Platform.

4. Company Information

The Platform is owned and operated by:

The Songai Media FZ-LLC SBAM0117, Compass Building Al Shohada Road Al Hamra Industrial Zone – Free Zone Ras Al Khaimah United Arab Emirates

General enquiries: admin@songaimedia.com

Legal notices: legal@songaimedia.com

Website: thesongai.com

Where these Terms refer to "The Songai", "we", "our", or "us", they refer to The Songai Media FZ-LLC and, where applicable, its affiliates, subsidiaries, successors and authorised service providers.

5. Acceptance Of These Terms

By accessing or using the Platform, you confirm that:

• you have read and understood these Terms;
• you agree to be legally bound by them;
• you have the legal capacity to enter into a binding agreement; and
• you will comply with all applicable laws and regulations when using the Platform.

If you are using the Platform on behalf of a company, organisation or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Platform.

6. Eligibility

To create an account, purchase products or otherwise use the Platform, you must:

• be at least eighteen (18) years of age or the age of legal majority in your jurisdiction;
• have legal capacity to enter into binding contracts;
• provide accurate and complete registration information;
• comply with all applicable laws relating to your use of the Platform.

Individuals under the age of eighteen may only receive The Songai creations as recipients of gifts.

The Songai does not knowingly permit minors to create accounts or submit personal information directly.

If we become aware that an account has been created by a minor without appropriate legal authority, we may suspend or permanently remove that account.

7. Account Registration

Certain features of the Platform require you to create a The Songai account.

When registering an account, you agree to:

• provide accurate, current and complete information;
• keep your information updated;
• maintain the confidentiality of your login credentials;
• notify The Songai immediately of any unauthorised access;
• accept responsibility for activities occurring under your account unless caused by our negligence or a security breach within our systems.

You may not:

• impersonate another individual;
• create accounts using false identities;
• create multiple accounts for abusive or fraudulent purposes;
• sell or transfer your account without our written consent.

We reserve the right to suspend or terminate accounts that breach these Terms.

8. Account Security

You are responsible for maintaining appropriate security over your account.

This includes:

• using a strong password;
• protecting your authentication credentials;
• enabling multi-factor authentication where available;
• ensuring your contact details remain current.

The Songai employs commercially reasonable administrative, technical and organisational measures to protect user accounts and information.

However, no online service can guarantee absolute security.

If you suspect that your account has been compromised, you must notify us immediately.

9. Your Responsibilities

When using the Platform, you agree to:

• act honestly and in good faith;
• provide lawful content only;
• respect the rights of other individuals;
• comply with applicable intellectual property laws;
• comply with these Terms and all referenced policies.

You are responsible for ensuring that:

• your stories are accurate to the best of your knowledge;
• you have permission to upload any photographs, videos or recordings you submit;
• you have authority to share information relating to third parties where required by applicable law;
• your use of the Platform does not infringe another person's legal rights.

You remain solely responsible for decisions made using Generated Content, including any public sharing, commercial use or publication.

10. Our Services

The Songai provides an AI-assisted creative platform that enables users to generate personalised music and related creative content from their stories, memories and creative direction.

Our Services may include, without limitation:

• personalised songs;
• lyrics;
• musical compositions;
• album artwork;
• video canvases;
• slideshow videos;
• shareable gift pages;
• downloadable media;
• digital gifting experiences;
• streaming distribution (where available);
• subscriptions;
• future AI-powered creative tools and related services.

We continually improve our Platform.

Accordingly, we may introduce, modify, replace or discontinue features from time to time.

Where changes materially reduce functionality already purchased by a customer, we will provide reasonable notice where practicable and comply with any legal obligations that apply.

10.1 Nature Of The Platform

The Songai provides a technology-enabled creative platform that assists users in transforming personal stories, memories and ideas into original creative works.

While we strive to deliver high-quality creative experiences, users acknowledge that The Songai is not:

• a legal adviser;
• a financial adviser;
• a medical provider;
• a mental health professional;
• a counselling service;
• a professional music publisher;
• a copyright registration service; or
• a substitute for independent professional advice.

Generated Content is intended for creative, entertainment and personal expression purposes unless expressly stated otherwise.

10.2 No Professional Advice

Information, recommendations and Generated Content produced through the Platform should not be relied upon as legal, medical, financial, psychological or other professional advice.

Users should obtain independent professional advice where appropriate.

10.3 Creative Interpretation

The Songai uses artificial intelligence and other technologies to interpret user instructions creatively.

Accordingly:

• outputs may differ from user expectations;
• artistic interpretation is subjective;
• generated music, lyrics and artwork are intended to express ideas creatively rather than reproduce factual events with precision.

The Songai makes no representation that any Generated Content is historically, factually or emotionally exact.

10.4 Continuous Product Development

The Songai is an evolving technology platform.

New features, products and services may be introduced from time to time.

Certain functionality may:

• remain in beta;
• vary by jurisdiction;
• depend upon third-party services;
• be available only to particular subscription plans.

We reserve the right to improve, replace or discontinue features where reasonably necessary to continue developing the Platform.

Where such changes materially reduce functionality already purchased by a customer, we will provide reasonable notice where practicable and comply with applicable consumer protection laws.

11. Purchases, Payments & Subscriptions

11.1 Purchasing Services

The Songai offers both one-time purchases and recurring subscription services.

The products and services available may include:

• Individual personalised songs;
• AI-generated lyrics;
• Album artwork;
• Video canvases;
• Slideshow videos;
• Premium gifting experiences;
• Creator subscriptions;
• Storyteller subscriptions;
• Additional creative services made available from time to time.

All purchases are subject to these Terms and any additional product-specific terms presented during checkout.

11.2 Pricing

All prices displayed on the Platform are shown in the currency presented during checkout.

Unless expressly stated otherwise, prices include any taxes that we are legally required to collect.

Where taxes, duties or similar governmental charges apply separately, these will be clearly identified before payment is completed.

The Songai reserves the right to update its pricing at any time.

Price changes will never affect orders that have already been accepted and paid for.

11.3 Payment Processing

Payments are processed securely through authorised third-party payment providers.

The Songai does not store complete payment card details.

By submitting payment information, you represent and warrant that:

• you are authorised to use the payment method;
• the payment information is accurate;
• sufficient funds are available to complete the transaction.

If a payment is declined or subsequently reversed, The Songai may suspend delivery until payment has been successfully received.

11.4 Order Acceptance

Submission of an order does not automatically create a binding contract.

A contract is formed only when:

• payment has been successfully authorised; and
• The Songai accepts the order by beginning production or providing confirmation.

We reserve the right to decline any order where:

• payment cannot be verified;
• fraud is suspected;
• the requested content breaches these Terms;
• we are unable to fulfil the request.

Where an order is declined after payment has been taken, a full refund will be issued.

11.5 Promotional Offers

From time to time, The Songai may offer:

• introductory promotions;
• discount codes;
• referral rewards;
• promotional credits;
• free trials;
• limited-time offers.

Unless expressly stated otherwise:

• promotions cannot be combined;
• promotions have no cash value;
• promotions may be withdrawn at any time;
• misuse of promotional offers may result in cancellation.

11.6 Gift Cards and Promotional Credits

Where The Songai issues promotional credits or gift vouchers:

• they may only be redeemed in accordance with their published terms;
• they are non-transferable unless expressly stated;
• they cannot be exchanged for cash;
• expired credits may not be reinstated unless required by law.

12. Subscriptions

Certain The Songai services are offered on a recurring subscription basis.

Subscription plans may include different features, usage allowances and pricing.

Details of each subscription are displayed on the Platform before purchase.

12.1 Subscription Billing

Subscriptions renew automatically at the end of each billing period unless cancelled beforehand.

By purchasing a subscription, you authorise The Songai (or our payment provider) to automatically charge your selected payment method for each renewal period.

Renewal dates and billing frequency will be displayed before purchase.

12.2 Managing Your Subscription

You may manage, upgrade, downgrade or cancel your subscription at any time through your account settings.

Cancellation prevents future renewals.

Unless required by applicable law, cancellation does not entitle you to a refund for the current billing period.

Your subscription benefits will continue until the end of the paid period.

12.3 Subscription Changes

The Songai may:

• introduce new subscription tiers;
• modify included features;
• change usage allowances;
• discontinue subscription plans.

Where changes materially reduce an active subscription, we will provide reasonable advance notice.

12.4 Price Changes

Subscription prices may change from time to time.

Where a recurring subscription price increases, The Songai will provide at least thirty (30) days' notice before the new price takes effect.

You may cancel your subscription before the renewal date if you do not accept the revised pricing.

12.5 Failed Payments

If a recurring payment cannot be collected:

• we may retry the payment;
• your subscription may be temporarily suspended;
• access to premium features may be restricted until payment is successfully received.

Repeated failed payments may result in cancellation of the subscription.

13. Digital Content

The Songai products are personalised digital goods created specifically for each customer.

Because every song, artwork and associated content is individually generated, production begins shortly after an order has been accepted.

Accordingly, delivery times are estimates only.

Although we aim to generate content promptly, actual delivery times may vary due to:

• system demand;
• moderation;
• technical maintenance;
• AI processing times;

• third-party service availability.

The Songai will use commercially reasonable efforts to complete all orders without unnecessary delay.

14. Order Cancellation

You may cancel an order before production has commenced.

Once personalised generation has begun, cancellation may no longer be possible because the product is being created specifically for you.

Nothing in this section limits any statutory consumer rights that cannot legally be excluded.

15. User Content

15.1 Ownership of User Content

You retain ownership of all content that you submit to the Platform, including without limitation:

• stories;
• prompts;
• photographs;
• videos;
• names;
• voice recordings;
• written material;
• creative instructions; and
• other information you choose to upload.

Nothing in these Terms transfers ownership of your User Content to The Songai.

15.2 Licence to The Songai

In order to provide the Services, you grant The Songai a worldwide, non-exclusive, royalty-free licence to:

• store;
• process;

• reproduce;
• adapt;
• transmit;
• display; and
• otherwise use your User Content, solely to the extent reasonably necessary to:
• operate the Platform;
• generate your requested content;
• provide customer support;
• improve platform performance;
• maintain security;
• comply with legal obligations.

This licence ends when your User Content is permanently deleted, except where:

• retention is required by law;
• retention is reasonably necessary to resolve disputes;
• the content has already been incorporated into a completed purchase.

15.3 Your Responsibilities

You represent and warrant that:

• you own your User Content or have all necessary rights to submit it;
• your User Content does not infringe another person's rights;
• your User Content is lawful;
• you have obtained any necessary permissions from individuals identified in your submissions.

You remain solely responsible for the information you provide.

16. Generated Content

16.1 Nature of Generated Content

The Songai generates creative works using a combination of:

• artificial intelligence;
• proprietary software;
• licensed technologies;

• automated workflows; and
• human quality assurance where applicable.

Generated Content may include:

• songs;
• lyrics;
• album artwork;
• videos;
• visual assets;
• written material;
• other digital media.

16.2 Ownership and Licence of Generated Content

Subject to your payment of all applicable fees and continued compliance with these Terms, The Songai grants you a perpetual, worldwide, irrevocable, royalty-free, transferable licence to use the Generated Content created specifically for you for any lawful personal or commercial purpose.

This includes the right to:

• download;
• copy;
• reproduce;
• perform;
• display;
• publish;
• distribute;
• gift;
• synchronise with visual media;
• monetise; and
• otherwise exploit the Generated Content for lawful purposes.

For the avoidance of doubt:

• The Songai does not claim ownership of your personal stories, memories or User Content.
• The Songai retains ownership of its Platform, software, artificial intelligence systems, models, workflows, algorithms and all related intellectual property.
• Nothing in these Terms transfers ownership of The Songai's proprietary technology to you.
• Where applicable law permits assignment of intellectual property generated through the Platform, The Songai assigns to you any rights it is legally capable of assigning in the

specific Generated Content created for your order. Where such assignment is not legally possible, The Songai grants the broadest licence permitted by applicable law.

Nothing in this section limits any licences granted by you where you expressly choose to make your Generated Content public or participate in optional distribution programmes.

16.3 Creative Nature of AI

You acknowledge that AI-assisted creative systems may:

• produce unexpected results;
• generate similar outputs for different users;
• interpret prompts creatively;
• produce factual inaccuracies.

Generated Content should therefore be reviewed before:

• publication;
• gifting;
• commercial use;
• public distribution.

16.4 No Guarantee of Exclusivity

Because artificial intelligence generates content probabilistically, The Songai cannot guarantee that another user will never receive content that is similar in style, wording, melody, imagery or structure.

Each creation is nevertheless generated independently from your own instructions.

16.5 No Guarantee of Copyright Protection

The Songai cannot guarantee that Generated Content will qualify for copyright protection in every jurisdiction.

Users are responsible for obtaining independent legal advice where copyright ownership is commercially important.

17. Gifting

17.1 The Customer

Where a song is purchased as a gift, the purchaser remains the customer under these Terms.

The purchaser is responsible for:

• payment;
• submitted information;
• recipient details;
• compliance with these Terms.

17.2 Recipient Rights

Recipients may:

• listen to the song;
• download it;
• keep it permanently;
• share it privately;
• enjoy associated artwork and media.

Unless expressly transferred by the purchaser, commercial exploitation rights remain with the purchaser.

17.3 Delivery

Customers are responsible for providing accurate delivery information.

Where delivery fails because of:

• an incorrect email address;
• spam filtering;
• incorrect recipient details;
• recipient device limitations,

The Songai will make commercially reasonable efforts to assist but cannot guarantee successful delivery.

Where delivery fails due to an error within The Songai's systems, we will either:

• resend the gift; or
• provide an appropriate remedy.

17.4 Gift Pages

The Songai may host personalised gift pages to enhance the gifting experience.

While we intend to make these pages available for as long as reasonably practicable, we guarantee availability for a minimum period of twelve (12) months from the date of delivery unless a longer period is expressly stated.

Customers are encouraged to download all purchased content for long-term safekeeping.

18. Private And Public Content

One of The Songai's core principles is that personal memories deserve privacy.

Accordingly, every creation generated through the Platform is Private by Default.

18.1 Private Content

Unless you expressly choose otherwise, The Songai will treat your Generated Content as private.

Private content will not be:

• publicly displayed;
• commercially distributed;
• released to streaming services;
• used in marketing;
• shared with other users, except where reasonably necessary to deliver the Services or where required by law.

18.2 Public Content

You may choose to designate specific Generated Content as Public.

Where you do so, you grant The Songai a non-exclusive, worldwide, royalty-free licence to:

• display;
• distribute;
• promote;
• market;
• stream;
• publish;

that content in connection with the operation and promotion of the Platform.

You may withdraw your Public designation at any time.

Where reasonably practicable, The Songai will cease future promotion or distribution within thirty (30) days.

The Songai cannot guarantee removal of content already distributed by independent third parties.

18.3 Marketing Permission

The Songai will never use your private content for advertising, promotional activity or public demonstration without your separate and explicit consent.

Consent to marketing is optional and may be withdrawn at any time.

19. Streaming Distribution

Where The Songai offers distribution to third-party streaming services, additional Distribution Terms may apply.

Acceptance onto any third-party platform remains entirely at the discretion of that platform.

The Songai cannot guarantee:

• acceptance;
• availability;
• monetisation;
• playlist placement;
• ongoing publication.

Third-party platforms operate independently and remain responsible for their own policies and decisions.

20. Acceptable Use

You agree to use the Platform lawfully, responsibly and in accordance with these Terms.

You must not use the Platform to create, upload, distribute or promote content that:

• infringes the intellectual property rights of another person;
• violates any applicable law or regulation;
• is fraudulent, deceptive or misleading;
• promotes violence, terrorism or criminal activity;
• contains unlawful hate speech or discrimination;

• exploits or endangers children;
• contains malware or malicious code;
• invades another person's privacy;
• impersonates another individual without lawful authority.

20.1 Voice and Likeness

You must not submit prompts or materials intended to imitate another person's:

• voice;
• image;
• likeness;
• identity;
• personality;
• performance;

unless you have obtained all necessary legal rights and permissions.

The Songai reserves the right to reject or remove content that appears to infringe personality, publicity or similar rights.

20.2 Artificial Intelligence Abuse

You must not use the Platform to:

• generate deceptive deepfakes;
• facilitate fraud;
• impersonate government officials;
• impersonate emergency services;
• create unlawful misinformation;
• interfere with elections;
• circumvent safety controls;
• create harmful or abusive content.

20.3 Automated Access

Except where expressly authorised in writing, you may not:

• scrape the Platform;
• crawl the Platform;
• reverse engineer the Platform;
• extract datasets;

• attempt to discover source code;
• interfere with Platform security;
• bypass usage limitations.

20.4 Platform Integrity

You must not:

• interfere with Platform performance;
• overload our systems;
• attempt unauthorised access;
• test vulnerabilities without permission;
• introduce malicious software.

20.5 Enforcement

Where we reasonably believe these Terms have been breached, The Songai may:

• remove content;
• suspend accounts;
• refuse future orders;
• terminate subscriptions;
• report unlawful conduct to relevant authorities.

Where appropriate, we will notify you before taking action unless doing so would:

• breach the law;
• compromise security;
• expose other users to harm.

21. Artificial Intelligence

21.1 AI-Assisted Services

The Songai uses artificial intelligence to assist in generating creative content.

AI assists with:

• music generation;
• lyric generation;
• artwork;

• video;
• creative enhancement;
• workflow automation.

Artificial intelligence is one component of our Services and may operate alongside proprietary software, licensed technologies and human review.

21.2 No AI Training on Customer Content

Unless you have given separate, explicit and informed consent, The Songai will not use your:

• private stories;
• User Content;
• Generated Content;

to train, fine-tune or develop:

• our own artificial intelligence models;
• third-party artificial intelligence models;
• machine learning systems.

Where third-party providers process content on our behalf, we will seek to contract with those providers on terms that prohibit them from using your content for their own model training.

21.3 AI Limitations

Artificial intelligence is an evolving technology.

Accordingly:

• outputs may contain inaccuracies;
• generated facts may be incorrect;
• names, dates and relationships should be verified;
• creative interpretation may differ from user expectations.

The Songai does not warrant that AI-generated content is factually correct.

21.4 Continuous Improvement

The Songai may improve, replace or upgrade the technologies used to provide the Platform without notice where doing so does not materially reduce the Services purchased by customers.

Nothing in these Terms guarantees continued use of any particular AI model or technology provider.

21.5 Ethical Use Of Artificial Intelligence

Artificial intelligence is central to The Songai Platform. However, we believe technology should always serve people, not replace them.

Accordingly, The Songai is committed to the following principles:

Human Creativity First

Artificial intelligence is used to assist and enhance creativity. Every Generated Content begins with a human story, memory or creative idea.

Transparency

We will be transparent about the role artificial intelligence plays in creating our Services and Generated Content.

Privacy

We will not use private customer content to train our own artificial intelligence models or knowingly permit third-party providers to do so without your explicit consent.

Fairness

We will continually monitor our systems to reduce bias, improve quality and promote fair outcomes across our Platform.

Safety

We maintain safeguards designed to prevent misuse of the Platform, including measures intended to reduce fraud, unlawful impersonation, harmful content and other forms of abuse.

Continuous Improvement

Artificial intelligence evolves rapidly. The Songai reserves the right to improve, replace or enhance the technologies used to provide the Platform, provided that such changes are consistent with the principles set out in these Terms.

Nothing in this section creates any separate contractual rights beyond those expressly provided elsewhere in these Terms. It is intended to explain the principles that guide the responsible development and operation of The Songai Platform.

22. Intellectual Property

22.1 The Songai Intellectual Property

Except as expressly provided in these Terms, all intellectual property rights relating to the Platform remain the exclusive property of The Songai or its licensors.

This includes:

• software;
• source code;
• algorithms;
• workflows;
• user interfaces;
• branding;
• trademarks;
• logos;
• graphics;
• documentation;
• proprietary AI systems.

No ownership of the Platform is transferred to users.

22.2 Limited Platform Licence

Subject to these Terms, The Songai grants you a limited, non-exclusive, non-transferable licence to access and use the Platform for its intended purpose.

This licence may be withdrawn where these Terms are materially breached.

22.3 Trade Marks

"The Songai", associated logos and branding are proprietary trade marks or trade dress of The Songai Media FZ-LLC.

Nothing in these Terms grants permission to use those marks without prior written consent.

22.4 Feedback

If you voluntarily provide suggestions, ideas or feedback regarding the Platform, you agree that The Songai may use that feedback without restriction or compensation, provided such use does not include your confidential or personal information.

23. Copyright Complaints

The Songai respects the intellectual property rights of others.

If you believe that content available through the Platform infringes your copyright or other intellectual property rights, you may submit a written notice to:

legal@songaimedia.com

Your notice should include:

• your contact details;
• identification of the work claimed to be infringed;
• identification of the allegedly infringing material;
• an explanation of your rights;
• a statement that the information provided is accurate and made in good faith.

The Songai may investigate complaints and remove or restrict access to content where appropriate.

Where content is removed, affected users may submit a counter-notice if they believe removal occurred in error.

24. Privacy & Data Protection

Your privacy is important to us.

The Songai collects, processes and stores personal information in accordance with our Privacy Policy, which forms part of these Terms.

By using the Platform, you acknowledge that we may process your information for purposes including:

• providing the Services;
• generating requested content;
• customer support;
• account administration;
• fraud prevention;
• security;

• legal compliance;
• service improvement;
• analytics, where permitted by law.

Where consent is required by applicable legislation, The Songai will obtain that consent before processing personal information for those purposes.

Nothing in these Terms overrides any rights you may have under applicable privacy legislation.

24.1 Information Security

The Songai is committed to protecting the confidentiality, integrity and availability of the information entrusted to us.

We maintain administrative, technical and organisational security measures that are designed to protect personal information and User Content against unauthorised access, accidental loss, misuse, alteration and unlawful disclosure.

These measures may include, where appropriate:

• encryption of data in transit and at rest;
• secure authentication and access controls;
• role-based permissions;
• continuous monitoring of critical infrastructure;
• regular security updates and vulnerability management;
• secure cloud hosting environments;
• incident response procedures; and
• regular review of our security practices.

While The Songai continually seeks to improve its security controls, no internet-connected platform can guarantee absolute security. Users acknowledge that the transmission and storage of electronic information always involves some degree of inherent risk.

If The Songai becomes aware of a security incident affecting personal information, we will investigate the incident promptly and, where required by applicable law, notify affected users and relevant regulatory authorities within the applicable legal timeframes.

24.2 Data Retention

We retain personal information only for as long as reasonably necessary to:

• provide the Services;
• comply with legal obligations;
• resolve disputes;

• enforce our agreements;
• improve platform reliability.

Retention periods are described in our Privacy Policy.

24.3 International Transfers

Because The Songai operates internationally, your information may be processed in countries other than your country of residence.

Where required by law, appropriate safeguards will be implemented for international transfers of personal information.

24.4 Data Deletion

You may request deletion of your personal information at any time, subject to our legal and contractual obligations.

Upon receiving a valid deletion request, The Songai will:

• delete or anonymise your personal information where reasonably practicable;
• retain only information required by law, taxation, fraud prevention or legitimate business purposes;
• notify any relevant service providers where deletion is required under applicable data protection legislation.

Deletion of your account does not automatically delete Generated Content that has already been publicly released or lawfully distributed at your request.

25. Third-Party Services

The Platform may integrate with or rely upon third-party services including:

• payment providers;
• cloud infrastructure;
• artificial intelligence providers;
• analytics providers;
• email delivery services;
• streaming platforms;
• authentication providers.

These services operate independently of The Songai.

Their use may be subject to separate terms and privacy policies.

The Songai is not responsible for the products, services or policies of independent third parties.

25.1 Third-Party Availability

Certain Platform functionality depends upon third-party infrastructure.

Accordingly, temporary interruptions beyond The Songai's reasonable control may occasionally affect service availability.

The Songai will use commercially reasonable efforts to minimise disruption.

26. Service Availability

The Songai aims to provide a reliable Platform.

However, continuous uninterrupted availability cannot be guaranteed.

The Platform may occasionally be unavailable due to:

• maintenance;
• upgrades;
• security events;
• infrastructure failures;
• internet outages;
• third-party provider issues;
• force majeure events.

Where reasonably practicable, planned maintenance will be communicated in advance.

26.1 Business Continuity

The Songai recognises that many customers create irreplaceable personal memories using the Platform.

Accordingly, we maintain reasonable business continuity and disaster recovery procedures designed to support the ongoing availability and resilience of our Services.

While no online platform can guarantee uninterrupted operation, The Songai will use commercially reasonable efforts to:

• protect customer data;

• maintain appropriate backups where practicable;
• recover critical systems following major service disruptions;
• minimise data loss;
• restore Services as quickly as reasonably possible following significant incidents.

Nothing in this section guarantees uninterrupted operation or recovery within a specific timeframe.

26.2 Data Portability

Where technically practicable, customers may download or export their purchased Generated Content using the tools made available through the Platform.

The Songai encourages customers to retain their own copies of purchased content.

Nothing in these Terms guarantees perpetual hosting of customer content.

26.3 Beta Features

From time to time The Songai may release:

• experimental features;
• beta functionality;
• early access services;
• preview tools.

Such features are provided for evaluation purposes and may:

• change without notice;
• be discontinued;
• operate differently from production services.

Unless expressly stated otherwise, beta features are provided "as available."

27. Disclaimer Of Warranties

To the fullest extent permitted by applicable law, the Platform and all Services are provided on an "as is" and "as available" basis.

Except where prohibited by law, The Songai disclaims all warranties, whether express, implied or statutory, including warranties relating to:

• merchantability;

• satisfactory quality;
• fitness for a particular purpose;
• uninterrupted availability;
• non-infringement;
• accuracy;
• compatibility.

Nothing in these Terms excludes any statutory rights that cannot legally be excluded.

27.1 AI Outputs

Artificial intelligence may generate:

• unexpected outputs;
• factual inaccuracies;
• creative interpretations;
• similarities with existing works.

The Songai does not guarantee that Generated Content:

• is factually accurate;
• is legally protectable by copyright;
• is unique;
• will meet every creative expectation.

Users remain responsible for reviewing all Generated Content before relying upon or distributing it.

28. Limitation Of Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability arising from:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• wilful misconduct;
• any other liability that applicable law prohibits us from limiting.

Subject to the above, and to the fullest extent permitted by law, The Songai shall not be liable for:

• indirect loss;
• consequential loss;
• loss of profits;

• loss of revenue;
• loss of goodwill;
• business interruption;
• loss of opportunity;
• reputational damage;
• loss of anticipated savings;
• loss of data, arising from or connected with the use of the Platform.

28.1 Liability Cap

Subject to applicable law, The Songai's total aggregate liability arising from any claim shall not exceed the greater of:

• the total amount paid by you to The Songai during the twelve (12) months immediately preceding the event giving rise to the claim; or
• USD $100.

This limitation applies regardless of the legal basis of the claim.

28.2 Consumer Rights

Nothing in this section limits any mandatory consumer rights available under applicable law.

29. Indemnity

You agree to indemnify, defend and hold harmless The Songai Media FZ-LLC, its directors, officers, employees, contractors, affiliates, licensors and authorised service providers from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising directly from:

• your breach of these Terms;
• your unlawful use of the Platform;
• your User Content;
• your infringement of any third-party intellectual property or other legal rights;
• your negligent or fraudulent conduct.

This indemnity does not apply to consumers acting outside the course of a business except where the claim arises from fraud, wilful misconduct or unlawful activity.

30. Suspension And Termination

30.1 Your Right to Close Your Account

You may close your The Songai account at any time.

Closing your account does not affect:

• your ownership of User Content;
• your licence to previously purchased Generated Content;
• any rights or obligations that accrued before termination.

You remain responsible for any outstanding amounts owed before your account is closed.

30.2 The Songai's Right to Suspend

We may temporarily suspend access where reasonably necessary to:

• investigate suspected fraud;
• protect Platform security;
• comply with legal obligations;
• prevent harm to other users;
• investigate breaches of these Terms.

Where reasonably practicable, we will notify you of the reason for suspension.

30.3 The Songai's Right to Terminate

We may terminate your account where:

• you materially breach these Terms;
• you repeatedly violate our policies;
• we are required to do so by law;
• continued access presents a security or legal risk;
• fraudulent activity is identified.

Termination does not affect any legal rights or remedies available to The Songai.

30.4 Platform Discontinuation

If The Songai permanently discontinues the Platform, we will use reasonable efforts to provide advance notice to registered users.

Where reasonably practicable, customers will be given an opportunity to download previously purchased Generated Content before services are withdrawn.

Nothing in this section requires The Songai to continue operating indefinitely.

31. Changes To The Platform

Technology evolves continuously.

Accordingly, The Songai may:

• introduce new features;
• remove outdated functionality;
• improve workflows;
• replace technology providers;
• modify interfaces;
• update artificial intelligence systems.

Where changes materially reduce functionality already purchased by customers, The Songai will provide reasonable notice where practicable and comply with applicable consumer protection laws.

31.1 Platform Evolution

The Songai is a technology company committed to continuous innovation.

As our Platform evolves, we may introduce new products, features, subscription plans, creative tools, artificial intelligence capabilities, integrations and services.

Unless expressly stated otherwise, all new functionality made available through the Platform shall be governed by these Terms.

Where a new service requires additional or separate contractual terms, those terms will be presented before the service is used.

31.2 Future Products

Without limiting the generality of these Terms, The Songai may in the future provide services including:

• mobile applications;

• APIs;
• enterprise solutions;
• business gifting services;
• team and family accounts;
• marketplace functionality;
• creator programmes;
• artist collaborations;
• royalty administration;
• digital asset management;
• educational products;
• artificial intelligence assistants;
• additional creative media formats.

The availability of any future product does not create an obligation for The Songai to continue offering that product indefinitely.

31.3 Platform Improvements

We continually review customer feedback and technological developments.

Accordingly, we may improve, modify or redesign any aspect of the Platform provided such changes are made in good faith and do not unlawfully reduce rights already granted to customers.

Where material changes affect purchased Services, The Songai will comply with applicable consumer protection legislation.

32. Changes To These Terms

We may update these Terms from time to time.

Where changes are minor or administrative, updated Terms may take effect immediately upon publication.

Where changes materially affect your rights or obligations, we will provide reasonable notice through one or more of the following:

• email;
• in-platform notification;
• account dashboard;
• our website.

Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

If you do not agree to the revised Terms, you may stop using the Platform and close your account before the changes take effect.

32a. Good Faith Resolution Of Disputes

The Songai values long-term relationships with its customers and believes that most disputes can be resolved quickly through open communication.

Before commencing formal legal proceedings, both parties agree to use reasonable efforts to resolve any dispute through good faith discussions.

If you have a concern regarding the Platform or these Terms, you are encouraged to contact our Customer Support team in the first instance. Where a matter cannot be resolved through Customer Support, it may be escalated to our Legal team for further review.

Nothing in this section prevents either party from:

• seeking urgent injunctive or equitable relief;
• complying with statutory complaint procedures;
• exercising any mandatory legal rights available under applicable law.

32a.1 Complaints

Customers may submit complaints regarding:

• purchases;
• subscriptions;
• generated content;
• privacy;
• intellectual property;
• accessibility;
• platform functionality;
• customer service.

The Songai will use reasonable efforts to acknowledge complaints promptly and investigate them fairly.

32a.2 Alternative Resolution

Where appropriate and where both parties agree, disputes may be resolved through mediation or another mutually agreed alternative dispute resolution process before litigation.

Participation in alternative dispute resolution is voluntary unless otherwise required by applicable law.

33. Governing Law And Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of the Emirate of Ras Al Khaimah and the applicable federal laws of the United Arab Emirates.

Subject to any mandatory consumer protection laws that apply in your country of residence, the courts of Ras Al Khaimah shall have exclusive jurisdiction to determine any dispute arising out of or relating to these Terms or your use of the Platform.

Nothing in these Terms limits any rights that consumers may have under mandatory laws that cannot lawfully be excluded.

33a. Order Of Precedence

These Terms should be read together with any policies, guidelines or additional terms expressly incorporated by reference.

If there is any inconsistency between these documents, they shall apply in the following order of precedence:

• 1. Any product-specific or service-specific terms presented at the time of purchase.
• 2. These Terms & Conditions.
• 3. The Refund Policy.
• 4. The Privacy Policy.
• 5. The Cookie Policy.
• 6. The Acceptable Use Policy.
• 7. The AI Transparency Policy.
• 8. Any guidance, FAQs or help centre articles.

Nothing in a help article, marketing page or customer communication shall amend these Terms unless expressly stated.

34. General Legal Provisions

34.1 Entire Agreement

These Terms, together with all policies expressly incorporated by reference, constitute the entire agreement between you and The Songai regarding your use of the Platform.

They replace all previous agreements, representations and understandings relating to the same subject matter.

34.2 Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be interpreted to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

34.3 Waiver

Failure by The Songai to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Any waiver must be in writing and signed by an authorised representative of The Songai.

34.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

The Songai may assign or transfer its rights and obligations:

• as part of a corporate restructuring;
• following a merger or acquisition;
• in connection with the sale of all or substantially all of its business or assets.

34.5 Force Majeure

The Songai shall not be liable for any delay or failure to perform its obligations where such delay or failure results from events beyond its reasonable control, including:

• natural disasters;
• war;
• terrorism;
• civil unrest;
• government action;

• labour disputes;
• internet outages;
• cyber attacks;
• failures of utilities;
• failures of cloud infrastructure;
• failures of payment providers;
• failures of artificial intelligence or technology providers.

Performance shall resume as soon as reasonably practicable following the cessation of the relevant event.

34.6 Electronic Communications

You agree that The Songai may communicate with you electronically, including by:

• email;
• in-platform notifications;
• SMS (where you have provided a mobile number);
• push notifications (where enabled).

Electronic communications satisfy any legal requirement that communications be in writing, unless applicable law requires otherwise.

34.7 No Third-Party Rights

Except where expressly stated, these Terms do not create rights enforceable by any third party.

34.8 Language

These Terms are drafted in the English language.

Where translated versions are provided for convenience, the English version shall prevail to the extent permitted by applicable law.

35. Contact Information

For questions regarding these Terms, please contact:

The Songai Media FZ-LLC SBAM0117, Compass Building Al Shohada Road Al Hamra Industrial Zone – Free Zone Ras Al Khaimah United Arab Emirates

General Enquiries: admin@songaimedia.com

Legal & Intellectual Property: legal@songaimedia.com

Website: thesongai.com