Terms of Use

Welcome to SingMyWish!

These Terms of Use (the “Terms”) govern your access to and use of the SingMyWish website, web application and related services, including singmywish.com and app.singmywish.com (together, the “Service”). Please read them carefully before using the Service.

By accessing or using the Service, or by clicking to accept these Terms, you agree to be bound by them. If you do not agree, you must not use the Service.

These Terms form a legally binding agreement between you (“you” or “user”) and SigmaMobile OÜ (“we”, “us” or “our”).

Our Privacy Policy explains how we handle your personal data and is incorporated into these Terms by reference. Our Cookie Policy explains how we use cookies and similar technologies.

The Service is provided by SigmaMobile OÜ, a company registered in Estonia.

Contact: hello@singmywish.com

We may revise these Terms from time to time. The revised version will be effective at the time we post it, unless otherwise noted by us. If our changes reduce your rights or increase your responsibilities, we will post a notice. Any use of the Service after such revision will be considered the new operative Terms between us and you, with the new terms included.

1. About the Service

SingMyWish is a digital service that uses artificial intelligence to generate creative content, including greeting messages and digital cards, personalised songs, images, and text greetings in prose and verse (poems), from the prompts and information you provide. This content is generated with the help of third-party AI providers (see Section 5).

The Service is intended for personal, expressive and entertainment purposes only. It is not a substitute for professional advice of any kind (legal, medical, financial or otherwise), and any content it generates must not be relied on as such.

2. Eligibility and age

To enter into a binding contract with us, including buying a paid plan, you must be at least 18 years old and have full legal capacity to contract.

If you are between 13 and 17, you may use the Service only with the consent and involvement of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use. The Service is not intended for children under 13. This reflects the digital age of consent of 13.

By using the Service, you confirm that you meet these requirements and that the information you give us is accurate.

3. Accounts and security

Some features require you to register an account. Registration requires a valid email address and/or phone number, which we use to create and secure your account and to send you service messages. You agree to provide accurate and complete information, keep it up to date, and keep your login credentials confidential. You are responsible for all activity that takes place under your account. Tell us promptly at hello@singmywish.com if you suspect any unauthorised use.

We may suspend or restrict access to protect the Service or its users, or where we reasonably believe these Terms or applicable law have been breached (see Section 15).

4. Acceptable use

You must use the Service lawfully and responsibly. You must not use the Service, or any content generated with it, to:

• do anything unlawful, fraudulent or harmful, or that infringes anyone's rights;
• create or share content that is illegal, defamatory, hateful, harassing, discriminatory, or that incites violence;
• create sexual content involving minors, or any content that sexualises or endangers children — this is strictly prohibited and will be reported where required by law;
• impersonate a real person, or generate a likeness or “deepfake” of an identifiable person, without their consent, or in a misleading, deceptive or defamatory way;
• infringe intellectual-property, privacy, publicity or other rights of third parties;
• attempt to bypass content, safety or usage limits, or generate content designed to mislead or defraud;
• interfere with or compromise the Service, introduce malicious code, or gain unauthorised access to our systems;
• use bots, scrapers or other automated means to access the Service without our written permission (see Section 7); or
• resell, rent or commercially exploit the Service or access to it, except as expressly permitted by us.

5. Your input and generated content

5.1 Your input. You keep ownership of the prompts, text, images and other material you submit (“Input”). You grant us a worldwide, non-exclusive, royalty-free license to host, process and use your Input for the sole purpose of operating, securing and supporting the Service and generating your requested output. We do not use your Input to train AI models except as described in, and permitted by, our Privacy Policy.

5.2 Your responsibility for Input. You confirm that you have all rights and permissions needed for the Input you submit, including for any names, images or personal data of other people it contains, and that your Input does not breach Section 4. You are responsible for your Input and for how you use any output.

5.3 Generated content. “Output” means the content the Service generates from your Input. To the extent we hold any rights in the Output, and to the maximum extent permitted by law, we assign or license those rights to you so you can use the Output for your own purposes, subject to these Terms. Because of how generative AI works, Output may not be unique — similar Output may be generated for other users — and it may not qualify for copyright or other protection. We do not guarantee the accuracy, originality, safety or fitness of any Output.

5.4 How your content is generated; third-party AI providers. To generate your Output, we transmit your Input (including your prompts and any uploaded material) to third-party AI providers acting on our behalf. We currently use SunoAPI (sunoapi.org) to generate songs, the FLUX schnell model accessed via Replicate to generate images, and the Claude (Sonnet) model accessed via Replicate to generate text. These providers may change; the current list is maintained in our Privacy Policy. To operate, support, moderate and secure the Service, and to comply with law, we and these providers can access the prompts you submit and the content that is generated. We handle this data as described in our Privacy Policy.

5.5 Permitted use of Output. You may use Output for personal, non-commercial purposes only. You remain responsible for checking that your use of any Output is lawful and does not infringe third-party rights before you publish or share it.

5.6 Your content, your account and deletion. Your Input and Output are associated with your account. We automatically delete generated content and the associated prompts 100 days after they are generated. You can also delete your content, or ask us to delete it, at any time by contacting hello@singmywish.com. Storage and deletion of personal data are handled as set out in our Privacy Policy.

6. Our intellectual property

6.1 Our rights. The Service, including all software, AI and machine-learning models, source and object code, design, layout and user interfaces, our names, branding and logos, and the text, graphics, button icons, images, audio and any templates or stock assets we make available (together, “our Materials”, and excluding your Input and Output), is owned by or licensed to us and protected by copyright, trade-mark, database, trade-secret and other intellectual-property laws and international treaties. The selection, arrangement and compilation of our Materials is also our exclusive property.

6.2 Limited licence to you. We grant you a personal, limited, non-exclusive, non-transferable and revocable licence to access and use the Service and our Materials in the way the Service is intended to be used, subject to these Terms. This licence transfers no ownership. Except for the rights we expressly grant you, including your rights in your own Output under Section 5, you receive no licence to our Materials, and all rights not expressly granted are reserved.

6.3 Restrictions. Except as these Terms allow, or to the extent a restriction is prohibited by mandatory law (including any non-waivable right you have to decompile software for interoperability), you must not:

• copy, reproduce, republish, distribute, publicly display or commercially exploit our Materials without our prior written permission;
• decompile, reverse-engineer, disassemble or attempt to derive the source code, models or underlying structure of the Service;
• modify, adapt or create derivative works from our Materials, or insert code into or otherwise manipulate the Service in a way that affects other users' experience;
• use any data-mining, scraping, harvesting or automated extraction method on the Service (see also Section 7); or
• remove, obscure or alter any proprietary or attribution notice.

6.4 Your Output. For clarity, this Section does not restrict your use of your own Output, which is governed by Section 5.

6.5 Feedback. If you send us feedback or suggestions about the Service, you grant us a non-exclusive, royalty-free, perpetual licence to use them to operate and improve the Service, with no obligation to you.

6.6 Enforcement. We may suspend or terminate access for breach of this Section in accordance with Section 15.

7. No AI/ML training or scraping

You may not use the Service, or any content obtained from it, to develop, train, fine-tune or improve any machine-learning or AI model, or to build a competing service. You may not scrape, harvest or systematically extract data from the Service by automated means without our prior written permission.

8. Content moderation and reporting

We may review, filter, refuse to generate, or remove content, and suspend accounts, where we reasonably believe these Terms or the law have been breached, or to protect users and third parties. If you believe content on the Service infringes your rights or is otherwise unlawful, please report it to hello@singmywish.com with enough detail for us to act, and we will review it and take appropriate steps.

9. Payments, subscriptions and cancellation

9.1 Paid features. Some features are offered on a paid or subscription basis. The applicable price, billing frequency and key terms are shown at checkout before you buy. All prices include VAT where applicable.

9.2 Renewals. Subscriptions renew automatically for successive periods at the then-current price until cancelled, and your payment method is charged at the start of each period. We will give you notice of any price change in advance, and you may cancel before it takes effect.

Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each cycle to avoid billing of the next period's subscription fees to your payment method. We will bill the subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your account information). Fees are fully earned upon payment.

9.3 How to cancel. You can cancel at any time: open the menu, go to “Manage Subscription”, select your active plan and click “Unsubscribe”. Cancellation stops the next renewal; it does not, by itself, entitle you to a refund for the current period, except as required by consumer law or Section 10. For full details, see our Cancellation Policy.

10. Refunds

Payments for digital content and services generally are non-refundable, except as set out in our Refund Policy or as required by consumer law.

11. Right of withdrawal (EU/EEA consumers only)

If you are a consumer in the EU/EEA, you generally have the right to withdraw from a distance contract within 14 days without giving a reason, under the EU Consumer Rights Directive as implemented by the Estonian Law of Obligations Act.

Because the Service supplies digital content and services that are made available immediately, you expressly request that we begin performance during the 14-day period, and you acknowledge that once performance has begun (for example once we start generating content for you, or you access paid digital content) you lose your right of withdrawal. If performance has not yet begun, you can withdraw by contacting hello@singmywish.com. See also our Cancellation Policy.

12. Disclaimers

The Service and all Output are provided on an “as is” and “as available” basis. To the extent permitted by law, and without affecting your mandatory rights as a consumer, we do not warrant that the Service will be uninterrupted, error-free or secure, or that Output will be accurate, unique or fit for any particular purpose. Output is generated automatically and may contain errors; it is for entertainment and personal use and must not be relied on as legal, medical or other professional advice. Any resemblance in Output to a real person is coincidental unless you supplied that person's details.

13. Limitation of liability

Nothing in these Terms limits or excludes our liability where it cannot lawfully be limited, including for personal injury caused by our negligence, for fraud, or for any liability that cannot be excluded under mandatory law, including consumer-protection law.

Subject to that, we are liable for damage caused intentionally or by gross negligence. For damage caused by ordinary (slight) negligence, we are liable only for breach of an essential obligation under the contract, and our liability is limited to the loss that was foreseeable and typical for this kind of contract. To the extent permitted by law, we are not liable for loss of profits, loss of data, loss of goodwill, or indirect or consequential loss arising from your use of, or inability to use, the Service or any Output.

Regardless of the legal basis of a claim and except for liability that cannot be limited under the first paragraph of this Section, our total aggregate liability to you arising out of or relating to the Service is limited to the amount of EUR 100.

You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the service, without our express written consent.

You may not circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Service without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the Service name or trademarks without our express written consent.

Any unauthorized use of the Service or its contents will terminate the limited license granted by us and will result in the cancellation of your subscription.

14. Indemnification

To the extent permitted by applicable law, you agree to indemnify us and our affiliates, and our respective directors, officers, employees, licensors and agents, against reasonable losses, damages, liabilities and costs (including reasonable legal fees) that we actually incur as a result of: (a) your breach of these Terms; (b) your misuse of the Service; (c) your Input, or your use of any Output; or (d) your infringement of the rights of any third party or of applicable law.

We will notify you of any claim to which this applies, give you a reasonable opportunity to respond, and will not settle it in a way that imposes an obligation on you without your consent (which you will not unreasonably withhold).

15. Suspension and termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access, with notice where reasonably practicable, if you materially breach these Terms or the law, or to protect the Service or others. Where we terminate without cause, we will give you reasonable notice. On termination, your right to use the Service ends; sections that by their nature should survive (such as intellectual property, disclaimers, liability and governing law) continue to apply.

16. Changes to the Service and these Terms

We may update the Service and these Terms from time to time. The current version is always posted on the Website. Where a change is material, we will notify you. If you do not agree to a change, you should stop using the Service; continued use after the change takes effect means you accept the revised Terms.

17. Governing law and disputes

These Terms are governed by the laws of Estonia. If you are a consumer, this does not deprive you of the protection of mandatory rules of the country where you live, and you may bring proceedings in the courts of your country of residence. Otherwise, disputes are subject to the competent courts of Estonia.

If you have a problem, please contact us first at hello@singmywish.com so we can try to resolve it; we will respond within 30 days.

18. Legal compliance and enforcement

Our obligations under these Terms are subject to applicable law and legal process. We may comply with law-enforcement, court or regulatory requests or requirements, and take steps we reasonably believe are legally required, even where this affects the Service.

You agree to comply with all applicable export-control and sanctions laws. You may not use the Service or create an account if you are located in, ordinarily resident in, or acting on behalf of a person in, a country or territory subject to comprehensive EU, UN or other applicable sanctions or export restrictions, or if you are otherwise a restricted or sanctioned party. By using the Service, you confirm that none of these apply to you.

19. General

If any provision of these Terms is found invalid or unenforceable, it will be applied to the maximum extent permissible, and the remaining provisions stay in full force. Our failure to enforce a right is not a waiver of it. You may not transfer your rights or obligations under these Terms without our consent; we may transfer ours to a successor (for example on a merger or sale of business) without reducing your rights. These Terms, together with the Privacy Policy and Cookie Policy, are the entire agreement between us about the Service and supersede any earlier agreements on the same subject. These Terms do not create rights for, and are not enforceable by, anyone other than you and us. These Terms are provided in English; any translation is for convenience only.

By using the Service, you consent to receiving electronic communications from us. These communications will include notices about your account (for example, password change confirmation emails, renewal notices, cancellation confirmations and other transactional information) and information concerning or related to our service. These communications are part of your relationship with us and you receive them as part of the subscription. You agree that any notice, agreement, disclosure, or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

20. Contact

Questions about these Terms or the Service: hello@singmywish.com

SigmaMobile OÜ, Harju maakond, Kesklinna linnaosa, Vesivärava tn 50-201, 10152, Tallinn, Estonia.