Terms of Service

Last updated: 26 September 2026

These Terms of Service (“Terms”) apply to personalized songs, lyric videos, photo and video montages, AI-assisted music videos and related creative services supplied by Smiles & Tears Studio (“Studio”, “we”, “us”). They apply to consumers and business clients unless a separate written agreement states otherwise.

1. Service Provider

2. Orders and acceptance

An enquiry through the website is not a paid order. Before payment, we confirm the package, deliverables, total price, currency, delivery arrangements and these Terms with the client. The order is confirmed when the client accepts the order details and these Terms and pays the full agreed price. We send a confirmation that can be saved, such as an email, including any request for immediate performance and acknowledgement about withdrawal rights.

The client must be at least 18 years old. Anyone ordering for a business must be authorised to bind that business. Agreed project-specific terms do not override mandatory consumer rights.

3. Services and creative process

The Studio may provide personalized songs, lyrics, lyric visuals, photo and video montages, AI-generated or AI-assisted music videos, subtitles, audio processing, editing and related creative production. The exact deliverables, format, price and estimated schedule are those shown in the applicable package, quotation or order confirmation.

Creative work is interpretive. References, genres, moods and examples guide the project but do not guarantee an exact copy, identical voice, identical visual result or imitation of a particular artist or copyrighted work. The Studio may use AI-assisted and third-party production tools, with human selection, editing and creative direction.

4. Client information and materials

The client confirms that all information and materials provided are accurate, complete and checked before submission, including names, spelling, dates, relationships, stories, pronunciations, photographs, videos, logos and instructions. The client accepts responsibility for errors, omissions or delays caused by inaccurate, incomplete or late information.

The client confirms that they have all permissions, consents and rights needed to provide and use submitted materials, including permission from identifiable people where required. The client must not submit unlawful, defamatory, discriminatory, harmful, misleading, confidential or infringing content. The Studio may pause or refuse a project where materials appear inappropriate or rights are unclear.

The client grants the Studio a limited permission to store, process, edit and use submitted materials only as reasonably necessary to perform the order and meet legal or accounting obligations.

5. Client cooperation

The client must provide the brief, materials, decisions and feedback reasonably required to complete the project. Delivery estimates may be extended where client information, approval or feedback is delayed. Material changes to the brief after work begins may require a revised price and schedule.

6. Drafts, approval and revisions

Unless the order confirmation states otherwise, the project includes up to two reasonable revision rounds within the approved brief. A revision means an adjustment to the existing direction, not a new concept, replacement brief or complete remake. Additional revisions, changes requested after approval, or work outside the agreed scope may be charged separately after the client approves the additional price.

The client must review drafts carefully. Approval of lyrics, names, visuals, audio or other elements confirms that the client accepts those elements for the next production stage. Corrections requested after approval may affect the price and delivery date.

7. Delivery

Delivery dates are estimates unless expressly agreed as fixed in writing. The Studio will provide final files through the agreed digital delivery method. The client is responsible for downloading and safely storing delivered files. Unless otherwise agreed, editable project files, generation files, unused drafts and source materials are not included.

8. Prices and payment

Full payment is required before work begins. The agreed delivery schedule starts after payment, receipt of the necessary brief and materials, and any required request to begin immediately. Additional work is charged only after the client approves its scope and price.

50% off the Personalized Song package on your first order only. Video packages are excluded.

All displayed package and extra-revision prices are final and include applicable taxes. No additional tax is added at payment.

9. Cancellation and withdrawal rights

For consumer distance contracts covered by EU or Portuguese withdrawal rules, the withdrawal period is normally 14 days from conclusion of the contract for services or digital content supplied without a physical medium. To withdraw, send a clear statement to studio@smilesntears.com identifying your order before the period ends. You do not need to give a reason. The optional form below may be used, but is not required.

We normally begin promptly after full payment. If performance of a service is to begin during the withdrawal period, we first obtain your express request to start immediately and your acknowledgement that you will lose the right of withdrawal once that service has been fully performed. Paying or accepting these Terms alone does not constitute that separate request and acknowledgement. Without the required request, work begins after the applicable withdrawal period.

If you validly withdraw before work begins, we refund the payment in full. If you validly withdraw from a service after expressly requesting an early start, and the required information was provided, you pay only an amount proportionate to the service actually supplied up to your withdrawal, based on the agreed total price (or its market value if that price is excessive). We explain the calculation and refund the remaining balance. Starting work does not automatically make the entire prepayment non-refundable. If the legal conditions for charging for early performance are not met, no such charge is made.

For digital content supplied without a physical medium, withdrawal rights are lost only when supply begins and the applicable legal conditions are met: your prior express consent to supply during the withdrawal period, your acknowledgement that you thereby lose the right of withdrawal, and our confirmation of that consent and acknowledgement on a durable medium. Internal production or AI generation alone is not treated as supply to you. Personalisation alone does not remove your statutory rights.

Refunds due following a statutory withdrawal are made without undue delay and within 14 days after we receive your withdrawal notice, using the original payment method unless you expressly agree otherwise, without refund fees. After the applicable withdrawal period, requests to cancel are assessed under the agreed order and applicable law. Rights relating to defects, non-conformity or failure to deliver remain unaffected. Mandatory protections of your country of habitual residence remain applicable where required by law.

10. Intellectual property and permitted use

The client retains rights in materials they provide. Subject to full payment, the client receives the right to use the final delivered work for the purpose and scope agreed in the order. Unless commercial use is expressly included, the default permission is personal, non-commercial use, including private sharing and use at the specified personal event.

Commercial advertising, resale, licensing to third parties, music distribution, monetized release, synchronization, broadcasting, use as a trademark, or use beyond the agreed project requires prior written agreement. The Studio retains its production methods, tools, templates, unused concepts, drafts and pre-existing materials.

AI-assisted elements may be subject to legal or platform-specific limitations. Unless expressly agreed, the Studio does not guarantee copyright registration, complete exclusivity, or that similar independently generated elements will never exist.

11. Portfolio and confidentiality

The Studio will not publish the client’s private story, submitted personal materials or completed project in its public portfolio without the client’s separate permission. If permission is granted, it may be withdrawn for future use by contacting the Studio, without affecting use already lawfully made before withdrawal.

Where confidentiality, embargoes or non-disclosure obligations are required, they must be agreed in writing before sensitive information is supplied.

12. Privacy

Personal data is handled as described in the Privacy Policy. The client should avoid submitting unnecessary sensitive information. Separate consent is required for optional promotional use where applicable.

13. Third-party services

The Studio may use third-party services for payment processing, AI-assisted generation, editing, storage, communication, analytics, hosting and file delivery. Reasonable efforts will be made to manage interruptions, but delivery may be affected by outages, policy changes or technical limitations outside the Studio’s reasonable control.

14. Quality concerns and complaints

If the client believes the delivered work does not match the agreed order, they should contact studio@smilesntears.com promptly with a clear description of the issue. The Studio will review the concern in good faith and, where appropriate, correct the work, repeat delivery, offer a proportionate remedy or provide another remedy required by applicable law.

15. Liability

Nothing in these Terms excludes or limits liability that cannot legally be excluded, including mandatory consumer rights. To the extent permitted by law, the Studio is not responsible for indirect or unforeseeable loss, loss caused by inaccurate client materials, unauthorized client use, third-party platform failures, or changes made to files after delivery.

For business clients only, and to the extent permitted by law, the Studio’s total liability arising from a project is limited to the amount paid for that project. This limitation does not apply to fraud, willful misconduct, gross negligence or any liability that cannot lawfully be limited.

16. Governing law and disputes

These Terms are governed by the laws of Portugal and applicable European Union law. The parties should first attempt to resolve concerns through good-faith communication. Consumers retain any mandatory rights to bring claims in the courts or dispute-resolution bodies available under applicable law.

17. Changes to these Terms

The version accepted when an order is placed applies to that order. Updated Terms apply only to later orders unless a change is required by law or separately agreed with the client. If any provision is found unenforceable, the remaining provisions continue to apply.

18. Contact

Questions, cancellations and complaints may be sent to studio@smilesntears.com.