OnlyHappyTears
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Terms of Service

Last updated: May 14, 2026

1. Agreement to Terms

Welcome to Only Happy Tears. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Only Happy Tears ("we," "us," "our," or the "Company"), governing your access to and use of the onlyhappytears.com website, all related services, and any content delivered through our platform (collectively, the "Service").

By accessing, browsing, or placing an order through our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must discontinue use of the Service immediately. Your continued use of the Service following any modifications to these Terms constitutes your acceptance of those changes.

2. Description of Service

Only Happy Tears provides a custom personalized song creation service. Using information, stories, and memories you provide, we craft unique songs tailored to your specifications. Our process combines AI-assisted music production technology with professional lyric writing, musical arrangement, production, and quality review to deliver a finished audio product.

Each song is created individually based on your submissions. While our production process leverages advanced technology including artificial intelligence tools, every order is subject to human oversight, creative direction, and quality assurance before delivery. The final product is a digital audio file delivered electronically through the means specified at the time of your order.

3. Eligibility

You must be at least eighteen (18) years of age to use this Service independently. Individuals under the age of 18 may use the Service only with the involvement, supervision, and consent of a parent or legal guardian who agrees to be bound by these Terms on their behalf. By using the Service, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement under the laws of your jurisdiction, and that all information you provide to us is accurate, current, and complete.

4. Use of Service

You agree to use the Service solely for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Service complies with all applicable local, state, national, and international laws and regulations.

The following activities are expressly prohibited when using our Service:

We reserve the right to refuse service, cancel orders, or terminate your access to the Service at our sole discretion if we determine that your use violates these Terms or is otherwise harmful to our business, other users, or third parties.

5. User Content and Submissions

In the course of using our Service, you may submit personal stories, memories, descriptions, names, and other information ("Submissions") that we use to create your personalized song. You retain full ownership of the original content contained in your Submissions.

By providing Submissions to Only Happy Tears, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, and incorporate your Submissions solely for the purpose of creating, producing, and delivering your personalized song and fulfilling your order. This license extends to any necessary intermediate steps in our production process.

You represent and warrant that: (a) you own or have obtained all necessary rights, permissions, and consents to submit the content you provide; (b) your Submissions do not infringe upon or violate the intellectual property rights, privacy rights, or any other rights of any third party; and (c) you have obtained consent from any individuals referenced or identified in your Submissions to the extent required by applicable law.

6. Generated Content Disclaimer

6.1 Nature of Generated Content

Songs created through our Service are produced using a combination of AI-assisted tools and human creative direction. Each song is intended to be unique and tailored to your specific Submissions. However, due to the nature of AI-assisted production, certain musical elements such as chord progressions, melodic fragments, rhythmic patterns, or vocal timbres may bear incidental similarities to other works, whether produced by us or by third parties. Such similarities do not constitute copying or infringement and are an inherent characteristic of music production broadly.

6.2 Limitations of Technology

While we strive to deliver high-quality, personalized songs that faithfully reflect the stories and sentiments you share with us, the output of AI-assisted production tools may vary. Factors such as the specificity and detail of your Submissions, the genre and style you select, and the inherent variability of generative technology can all influence the final product. We continuously work to improve our processes, but variations in output quality and style are possible.

6.3 No Guarantee of Specific Output

Only Happy Tears does not guarantee that any song will match a particular expectation, sound like a specific artist or recording, or achieve any particular emotional response. While we work diligently to incorporate your preferences and Submissions into each song, the creative process inherently involves artistic interpretation. The final product represents our good-faith effort to deliver a personalized musical work based on the information you provide.

6.4 Imperfections and Your Remedy

Because each song is produced with AI-assisted tools and human creative interpretation, minor imperfections, stylistic variation, or a result that does not perfectly capture what you had in mind are an expected part of the process and are not, on their own, considered defects. If a delivered song does not meet your expectations, your remedy is the complimentary remake described in Section 8 (Satisfaction Guarantee), not a refund. Subjective dissatisfaction with the creative outcome — as distinct from a verified technical defect or a failure to deliver — does not entitle you to a refund. Please review Section 10 (Refund Policy) for full details.

7. SMS Messaging

By providing your mobile phone number and opting in to receive text messages from Only Happy Tears, you consent to receive SMS notifications related to your order, including order confirmations, production updates, delivery notifications, and customer service communications. You may also receive occasional promotional messages if you have opted in to marketing communications.

Message frequency varies based on your order status and communication preferences. You may opt out of SMS messaging at any time by replying STOP to any message you receive from us. After opting out, you will receive a single confirmation message and no further SMS messages will be sent. You may opt back in at any time by contacting us or re-subscribing through our website.

MESSAGE AND DATA RATES MAY APPLY. Your mobile carrier may charge you for each message sent or received. Only Happy Tears is not responsible for any fees charged by your wireless provider. Please consult your mobile service plan for details regarding messaging rates and data charges.

8. Satisfaction Guarantee

8.1 Eligibility

If you are not satisfied with your delivered song, you may request a remake at no additional charge. To be eligible, your remake request must be submitted within forty-eight (48) hours of the original delivery date. Requests submitted after this window may be considered at our discretion but are not guaranteed.

8.2 Scope of Remake

Each order is entitled to one (1) complimentary remake. To help us deliver a result that better meets your expectations, you must provide specific, actionable feedback detailing what aspects of the original song you would like changed. This may include adjustments to lyrics, tone, tempo, genre, vocal style, or other identifiable elements. Vague or general dissatisfaction without specific direction may limit our ability to make meaningful improvements.

8.3 What This Guarantee Is NOT

Our satisfaction guarantee is a remake policy, not a refund policy. It provides you with an opportunity to receive a revised version of your song. It does not entitle you to a monetary refund, credit, or exchange. The remake guarantee is limited to one revision per order and does not extend to additional rounds of changes beyond the single complimentary remake.

8.4 How to Request a Remake

To request a remake, please email us at support@onlyhappytears.com with your order number and detailed feedback describing the changes you would like. Our team will review your request and begin working on your revised song promptly.

9. Payment Terms

All prices for our Service are listed in United States Dollars (USD) unless otherwise indicated. Payment is processed securely through Stripe, a third-party payment processor. By placing an order, you authorize us to charge the payment method you provide at the time of order submission.

Full payment is collected at the time your order is placed. Production of your song will not commence until payment has been successfully processed. You are responsible for ensuring that your payment information is accurate and that sufficient funds are available. Any applicable taxes, duties, or government-imposed fees are your responsibility and may be added to the total amount at checkout where required by law.

10. Refund Policy

Because our songs are custom-made digital products created specifically for each customer, all sales are final once production of your song has begun. Production is considered to have begun when your order enters our song-generation process, which typically starts shortly after your payment has been successfully processed. Each song requires significant creative effort and resources tailored exclusively to your order, and cannot be resold or repurposed.

Before production has begun, you may request cancellation of your order for a full refund by contacting us at support@onlyhappytears.com. Because production generally begins soon after payment, this pre-production window is typically brief. Once production has begun, the limited exceptions described below are the only circumstances in which a refund may be issued.

10.1 Limited Exceptions

We may, at our sole discretion, issue a partial or full refund in the following circumstances:

Dissatisfaction with the creative direction, style, or interpretation of a delivered song is addressed through the complimentary remake described in Section 8 (Satisfaction Guarantee) and is not, by itself, grounds for a refund.

10.2 EU/UK Right of Withdrawal

If you are located in the European Union or the United Kingdom, you normally have a right to withdraw from a distance contract within 14 days. However, by placing your order and consenting to the immediate performance of the service, you acknowledge and agree that you waive your right of withdrawal once production of your song has begun, in accordance with Article 16(m) of the EU Consumer Rights Directive (2011/83/EU) and equivalent UK regulations. You will be asked to provide this consent expressly during the checkout process.

10.3 Brazil Consumer Defense Code

If you are a consumer in Brazil, you may exercise your right of withdrawal within seven (7) days of delivery in accordance with Article 49 of the Brazilian Consumer Defense Code (Código de Defesa do Consumidor). Nothing in these Terms is intended to limit or override your statutory consumer rights under Brazilian law.

10.4 Australia Consumer Guarantees

If you are a consumer in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). Nothing in these Terms purports to modify or exclude the conditions, warranties, and undertakings implied by the Australian Consumer Law or to limit our liability for any failure to comply with a consumer guarantee.

10.5 Other Jurisdictions

If you reside in a jurisdiction with mandatory consumer protection laws that grant you refund rights that cannot be waived or limited by contract, those rights are preserved in full. Nothing in this refund policy is intended to override any non-waivable statutory right to a refund or remedy available to you under the laws of your country or region.

11. Intellectual Property Rights

11.1 Copyright Ownership

Only Happy Tears retains copyright ownership of all musical compositions, sound recordings, arrangements, and associated creative works produced through our Service. When you purchase a song, you receive a personal use license (described below) rather than a transfer of copyright ownership.

11.2 Nature of AI-Generated Content

Songs produced through our Service may incorporate elements generated or assisted by artificial intelligence. The copyright status of AI-generated content may vary by jurisdiction and is subject to evolving legal standards. Only Happy Tears makes no representation regarding the copyrightability of any AI-generated elements in any particular jurisdiction. Our retention of copyright, as stated above, applies to the extent permitted by applicable law.

11.3 Your Personal Use License

Upon delivery and full payment, Only Happy Tears grants you a non-exclusive, non-transferable, perpetual license to use your personalized song for broad personal, non-commercial purposes. This license includes, without limitation, the right to:

11.4 Restrictions

Your personal use license is subject to the following restrictions:

11.5 Third-Party Intellectual Property

You agree not to submit content that infringes upon the intellectual property rights of any third party. If you request that your song reference, imitate, or incorporate elements of copyrighted works, trademarks, or other protected material belonging to third parties, you do so at your own risk. Only Happy Tears is not responsible for any claims arising from your request to include third-party intellectual property in your song.

11.6 Only Happy Tears Retains

All rights, title, and interest in and to the Only Happy Tears platform, website, brand, production processes, technology, proprietary tools, software, and methods of operation remain the exclusive property of Only Happy Tears. Nothing in these Terms grants you any right to use our trademarks, trade names, logos, or other proprietary designations.

11.7 Commercial Licensing

If you wish to use a song created through our Service for commercial purposes — including but not limited to use in advertisements, films, television, podcasts, commercial events, or any revenue-generating activity — please contact us at support@onlyhappytears.com to discuss commercial licensing options and pricing.

12. Rush Delivery

Only Happy Tears offers a rush delivery option with a target delivery window of approximately two (2) hours from the time your order is confirmed. While we make our best efforts to meet this timeline, rush delivery is not a guaranteed delivery time. Actual delivery times may vary depending on current order volume, the complexity of your song request, the specificity of your chosen genre and style, and other production factors. Only Happy Tears shall not be liable for any damages, losses, or inconvenience resulting from a delay in rush delivery.

13. Service Availability

Our Service is provided on an "as available" basis. While we strive to maintain uninterrupted access to our website and production services, we do not guarantee that the Service will be available at all times or without interruption. The Service may be temporarily unavailable due to scheduled maintenance, system upgrades, technical difficulties, or circumstances beyond our reasonable control. We will make reasonable efforts to notify users in advance of any planned downtime, but we are not obligated to do so.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL CONTENT, PRODUCTS, AND FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ONLY HAPPY TEARS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, ONLY HAPPY TEARS DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

14.1 Statutory Consumer Rights

Nothing in this section is intended to exclude or limit any statutory consumer rights that cannot be waived or limited under the laws of your jurisdiction. If you are a consumer in a jurisdiction that provides mandatory warranty protections, those protections apply to you regardless of the disclaimers stated above.

15. Limitation of Liability

15.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONLY HAPPY TEARS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ONLY HAPPY TEARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ONLY HAPPY TEARS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO ONLY HAPPY TEARS FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

15.3 Acknowledgment

You acknowledge and agree that the limitations of liability set forth in this section are fundamental elements of the agreement between you and Only Happy Tears, and that Only Happy Tears would not provide the Service to you without these limitations.

15.4 Jurisdiction-Specific Limitations

Some jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or certain other damages. If you reside in such a jurisdiction, the above limitations may not apply to you to the extent prohibited by applicable law, and our liability will be limited to the greatest extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Only Happy Tears, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your Submissions or any content you provide; (c) your violation of these Terms; (d) your violation of any applicable law, rule, or regulation; or (e) your infringement of any third-party right, including any intellectual property, privacy, or proprietary right. This indemnification obligation shall survive the termination of these Terms and your use of the Service.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@onlyhappytears.com and attempt to resolve the dispute informally. Both parties agree to negotiate in good faith for a period of at least thirty (30) calendar days from the date the dispute is first raised before resorting to arbitration or litigation.

17.2 Binding Arbitration

If we are unable to resolve a dispute through informal negotiation, and you are located in the United States, you and Only Happy Tears agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

17.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ONLY HAPPY TEARS EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY DISPUTE ARISING UNDER THESE TERMS. YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR REPRESENTATIVE ACTION.

17.4 Opt-Out

You have the right to opt out of the binding arbitration and class action waiver provisions set forth above. To opt out, you must send written notice to support@onlyhappytears.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full legal name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the courts specified in the Governing Law section of these Terms.

17.5 EU/UK/Switzerland

If you are a consumer in the European Union, the United Kingdom, or Switzerland, the binding arbitration and class action waiver provisions do not apply to you. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of your country of residence, in accordance with applicable consumer protection legislation. You may also have the right to use the European Commission's Online Dispute Resolution (ODR) platform.

17.6 Brazil

If you are a consumer in Brazil, you have the right to bring claims before the local consumer courts (Juizados Especiais de Defesa do Consumidor) in your place of domicile, in accordance with the Brazilian Consumer Defense Code. The arbitration and class action waiver provisions in these Terms do not override your statutory consumer rights under Brazilian law.

17.7 Mexico, Colombia, Argentina, and Chile

If you are a consumer in Mexico, Colombia, Argentina, or Chile, you are entitled to bring claims before the competent consumer protection authorities or courts in your jurisdiction in accordance with applicable local consumer protection laws. The arbitration provisions in these Terms do not apply to the extent they conflict with mandatory consumer protection legislation in your country.

17.8 Australia

If you are a consumer in Australia, nothing in these Terms limits your rights to bring proceedings in any court of competent jurisdiction in Australia, including with respect to any guarantees under the Australian Consumer Law.

18. Termination

Only Happy Tears reserves the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to a breach of these Terms, fraudulent activity, or conduct that we determine to be harmful to other users, third parties, or our business interests.

Upon termination, your right to access and use the Service will cease immediately. However, your personal use license to any songs that have been fully paid for and delivered to you prior to termination shall survive and remain in effect in accordance with the terms of that license. Sections of these Terms that by their nature should survive termination — including Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution — shall continue in full force and effect.

19. International Users

The Service is operated from the United States. If you access the Service from outside the United States, you do so at your own initiative and are solely responsible for compliance with all applicable local laws and regulations. We make no representation that the Service or any content available through it is appropriate or available for use in any particular jurisdiction.

19.1 Your Mandatory Consumer Rights Are Preserved

Nothing in these Terms is intended to exclude, restrict, or modify any mandatory consumer rights that you may have under the laws of your country of residence that cannot be excluded, restricted, or modified by agreement. If any provision of these Terms conflicts with a mandatory consumer protection law in your jurisdiction, that provision will be read down or, if necessary, severed to the extent required to comply with such law, and the remainder of these Terms will continue in full force and effect.

20. Force Majeure

Only Happy Tears shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond our reasonable control. Such events include, but are not limited to, natural disasters, acts of war or terrorism, pandemics, epidemics, government actions or restrictions, power outages, internet or telecommunications failures, cyberattacks, labor disputes, supply chain disruptions, or any other event that could not have been reasonably foreseen or prevented.

21. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

22. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or agreements expressly referenced herein, constitute the entire agreement between you and Only Happy Tears with respect to the subject matter hereof. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the Service.

23. Assignment

Only Happy Tears may assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, to any third party at any time without notice or your consent. You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

24. Waiver

The failure of Only Happy Tears to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term or condition shall not be deemed a further or continuing waiver of that term or condition or any other term or condition. Any waiver must be in writing and signed by an authorized representative of Only Happy Tears to be effective.

25. Changes to Terms

Only Happy Tears reserves the right to modify, amend, or update these Terms at any time at our sole discretion. When we make changes, we will update the "Last updated" date at the top of this page. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms.

For material changes that significantly affect your rights or obligations, we will make reasonable efforts to provide advance notice through the Service, via email, or through other appropriate communication channels. We encourage you to review these Terms periodically to stay informed of any updates.

26. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Subject to the Dispute Resolution provisions above, any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the State of Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

26.1 Mandatory Consumer Protection Laws

Notwithstanding the foregoing, if you are a consumer and mandatory consumer protection laws of your country of residence provide you with the right to bring proceedings in your local courts or require the application of your local laws, those mandatory provisions shall prevail over the choice of law and jurisdiction specified in this section to the extent required by applicable law.

27. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:

Only Happy Tears
Email: support@onlyhappytears.com
Website: onlyhappytears.com

Terms of Service | OnlyHappyTears