1. Acceptance and contracting party
By completing checkout or using the service, you agree to these Terms, the Privacy Notice, Refund Policy, and Music Submission Terms. Checkout must require affirmative acceptance and preserve the accepted version, timestamp, order ID, and customer identity. If you do not agree, do not purchase or submit materials.
2. Eligibility
You must be at least 18 and legally able to enter a contract. If purchasing for an artist, band, label, studio, manager, or other organization, you represent that you are authorized to bind it.
3. Service and deliverables
The service is a structured, software-assisted and human-reviewed pre-release song diagnostic. Depending on the purchased package, deliverables may include a readiness profile, timestamped moment map, Fix-First Plan, evidence notes, Budget Gate, comparison, sequencing recommendation, and release/revise/test/reposition recommendation. The order page controls if it conflicts with general marketing copy.
4. No outcome guarantee
We do not guarantee a hit, artistic quality, streams, sales, followers, playlist or radio placement, label attention, sync licensing, chart performance, press coverage, advertising performance, profitability, or any other commercial outcome. Rubric scores are not statistical probabilities. Feedback includes professional judgment, may differ from other opinions, and is one input—not a substitute for legal, financial, investment, medical, or other professional advice.
5. Prices, packages, coupons, and eligibility
The First Diagnostic is $97 and limited to one eligible introductory purchase per customer. The Next Song service is $147 per song and intended for returning customers; each quantity purchased covers one eligible song. The $291 Release Decision Pack covers three eligible songs and comparison/sequencing. Coupons are subject to their stated limits, have no cash value, may not be combined unless stated, and may be withdrawn before purchase. We may reject or refund an ineligible or mispriced order before work begins.
6. When delivery time begins
Delivery time begins only after cleared payment and receipt of complete, accessible, usable materials and required context. Current targets are three business days for a one-song diagnostic and five to seven business days for a three-song pack. Targets are estimates, not guarantees, unless the order page expressly says otherwise.
7. Customer promises
You represent and warrant that submitted materials and instructions are accurate; you own or control all rights needed for the private evaluation; the submission does not violate law, contract, privacy, publicity, copyright, trademark, or other rights; and it contains no malware or harmful code. You are responsible for retaining your own backup.
8. Limited processing license
You grant us and necessary service providers a limited, non-exclusive, worldwide, royalty-free license during the service and retention period to receive, host, copy, convert, analyze, privately display, and otherwise process the submission solely to fulfill the order, secure the service, provide support, enforce these Terms, and comply with law. This does not grant publishing, ownership, royalty, promotional, public-display, listener-testing, or model-training rights.
9. Ownership and intellectual property
You retain ownership of your music, lyrics, recordings, artwork, and other submissions. We retain all rights in our software, systems, rubric, report format, templates, methods, branding, and general know-how. You may use and share your purchased report for your own career and team decisions, but may not resell, scrape, reverse engineer, reproduce as a competing product, or remove proprietary notices except where law permits.
10. Revisions and scope changes
One order covers the audio version and materials submitted when review begins. A later mix, master, rewrite, replacement song, materially changed brief, or additional version is a new review unless needed to correct our error. The seven-day clarification window covers questions about the delivered report, not new analysis.
11. Refunds and payment disputes
The Refund Policy controls cancellations and service remedies. Contact support before initiating a chargeback so we can investigate. Nothing in these Terms restricts a lawful card-network dispute or non-waivable consumer right. Fraudulent or abusive disputes may result in suspension and preservation of relevant transaction and delivery records.
12. Third-party services
Payments, CRM, communications, hosting, and storage may depend on third parties. Their terms and availability also apply to their services. We are not responsible for an outage, rejection, or act outside our reasonable control, but we remain responsible for obligations that law does not permit us to disclaim.
13. Suspension and termination
We may pause or terminate an order for nonpayment, suspected fraud, threats, abuse, infringement risk, illegal content, security risk, or material breach. When practical, we will explain the reason and any refund or remedy required by the Refund Policy or applicable law.
14. Disclaimer of warranties
To the fullest extent permitted by law, the service and reports are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted operation or that every musical, technical, market, or legal issue will be identified. Some jurisdictions do not allow certain exclusions, so they may not apply to you.
15. Limitation of liability
To the fullest extent permitted by law, neither the Company nor its owners, personnel, contractors, or service providers will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; lost profits, opportunities, data, goodwill, or release budget; or decisions made from the report. Our aggregate liability arising from a claim will not exceed the amount you paid for the specific order giving rise to it. This limit does not apply where prohibited or to liability that cannot lawfully be limited.
16. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the Company and its owners, personnel, and contractors from third-party claims, damages, and reasonable costs arising from your submitted materials, your lack of required rights, your unlawful use of the service, or your material breach of these Terms. This does not require indemnification for our own unlawful conduct and may be limited by applicable law.
17. Dispute process and governing law
Before filing a claim, each party will send written notice describing the dispute and requested resolution and allow 30 days for good-faith informal resolution. Unless non-waivable consumer law requires otherwise, Florida law governs and state or federal courts located in Hillsborough County, Florida will have exclusive jurisdiction. No arbitration or class-action waiver is included in this draft; counsel should decide whether either is appropriate before launch.
18. General terms
If a provision is unenforceable, it will be narrowed or severed without affecting the rest. Failure to enforce is not a waiver. You may not assign an order without consent; we may assign these Terms in connection with a merger, financing, sale, or reorganization. Electronic notices and records satisfy written requirements where permitted. These Terms and incorporated policies are the complete agreement for the service and may be updated prospectively; material changes will be dated and will not retroactively alter a completed order unless required by law or agreed.
19. Contact
Planned support and legal-notice address: support@ismysongahit.com. It must be active and monitored, and the legal operator and mailing address must be displayed, before live checkout is enabled.