Terms of Service

1. Eligibility

You must be 13 years of age or older to create a TailwagTune account. By creating an account, you represent and warrant that you are at least 13 years old.

Children under 13 may access and enjoy TailwagTune only through a parent or guardian's account, with the parent or guardian operating the service on the child's behalf. The parent or guardian - not the child - is the account holder in this scenario.

We screen age during account setup. Before your account can be used, you must enter your date of birth. Users who indicate they are under 13 are blocked and may not use the service.

Purchases require an adult. Creating and listening to your first song is free and needs no payment. If you are between 13 and 17 years old, you may use TailwagTune, but you may purchase credits only while accompanied by a parent or legal guardian who is 18 or older, and only with that adult’s authorization to use their payment card. Before checkout we ask you to confirm that authorization, and we record your answer. See Section 6.

2. Account Responsibility

You are responsible for all activity that occurs under your account, including content submitted, songs created, and photos uploaded.

If you are a parent or guardian who has created an account to use TailwagTune on behalf of a child under 13, you are responsible for all content submitted and songs created through your account.

You must provide accurate information during registration, including a valid email address that you verify. You are responsible for maintaining the confidentiality of your account credentials.

3. Service Description

TailwagTune provides AI-generated personalized songs about your pet. We use artificial intelligence to craft custom lyrics based on the information you provide about your pet, and then generate full musical recordings in your chosen genre.

Lyrics and music are produced by third-party artificial-intelligence models that we license and operate on your behalf. We may change the underlying models or providers at any time without notice.

3a. AI-Generated Content

Outputs may not be unique. Songs are generated by statistical models. Another user who provides similar information may receive a similar result, and we do not promise that any lyric, melody, or recording produced for you is unique to you.

Outputs are not guaranteed to be accurate or suitable. AI systems make mistakes. Generated lyrics may misstate details about your pet, may not match your request, and may occasionally produce results you find odd or unsatisfying. Generation may also fail outright. Your remedy for a failed generation is the automatic credit return described in Section 6.

We do not warrant that outputs are free of third-party rights. While we instruct our providers to generate original material, we cannot guarantee that a generated song does not resemble existing work. You are responsible for how you use and share the songs you receive, within the limits set out in Section 5.

You must have the rights to what you submit. By submitting a photo, a pet name, or any other content, you represent that you own it or have permission to use it, and that it does not infringe anyone else's rights.

4. Acceptable Use

You agree not to use TailwagTune to:

• Generate content that is abusive, hateful, obscene, threatening, or that violates any applicable laws
• Upload photos containing inappropriate, illegal, or harmful content
• Attempt to manipulate, exploit, or inject instructions into our AI systems
• Use automated tools (bots, scrapers) to access the service
• Misrepresent your identity or age

Photo uploads should be of pets. Uploaded photos are screened using automated image analysis, and we recommend uploading photos of your pet rather than photos containing people.

TailwagTune reserves the right to remove content that violates these terms and to suspend or terminate offending accounts.

5. Content Ownership

Your Content: You retain all rights to photos you upload. By uploading content, you grant TailwagTune a non-exclusive, royalty-free license to use it solely for the purpose of generating your song and creating cover art for your song.

Generated Songs: Songs generated by TailwagTune are provided for your personal, non-commercial use. You may share your songs on social media and with friends and family. Commercial use, resale, or redistribution of generated songs is not permitted.

We reserve the right to use anonymized, aggregated data about song creation patterns to improve our service.

5a. Copyright and Content Complaints

If you believe content on TailwagTune infringes your copyright or other rights, email support@tailwagtune.com with the subject line "Content Complaint". Please include enough detail for us to act: what the work is, where the infringing material appears, your contact information, and a statement that you have a good-faith belief the use is unauthorized.

We review complaints promptly and may remove or disable access to content while we do. We terminate the accounts of users who repeatedly infringe the rights of others.

6. Payment Terms

Credits: Paid features are accessed using credits. One (1) credit is required to unlock a song, to create an additional song, or to edit an existing song. Credits do not expire and have no cash value. Credits are non-transferable between accounts and cannot be redeemed for cash.

Credit Packs: Credits are sold in packs: 1 credit for $10, 3 credits for $20, and 10 credits for $50. Prices are in U.S. dollars and may change; any change applies only to purchases made after the change takes effect.

Who May Purchase: Credits may only be purchased using a payment card held by a person eighteen (18) years of age or older. If you are under 18, you may purchase only while accompanied by a parent or legal guardian who is 18 or older and who has authorized the use of their card. Before checkout we ask you to confirm that authorization and we record your answer; confirming it is a representation that the authorization is genuine. We may reverse a purchase and revoke the credits it granted if the cardholder tells us the purchase was not authorized.

First Song Free: Each new account may create one (1) song at no charge. That song is provided as a preview, which can be played on the song’s page. Unlocking the complete recording — including downloading it and sharing it — requires one (1) credit. Songs you create or edit using credits are unlocked when they are delivered.

One-time purchases. Credit packs are one-time purchases. TailwagTune is not a subscription, we do not bill you on a recurring basis, and we do not store your card for future charges.

Payments and refunds. Payments are processed by Stripe. If a song you paid for fails to generate, the credit used is automatically returned to your account. Beyond that automatic return, purchased credits are non-refundable once bought, except where a refund is required by law or granted at our discretion. Contact support@tailwagtune.com for refund requests. Deleting your account forfeits any unused credits.

7. Termination

TailwagTune reserves the right to suspend or terminate accounts that violate these Terms of Service. This includes, but is not limited to:

• Accounts determined to belong to users under 13 who registered without parental operation
• Accounts used to generate prohibited content
• Accounts engaged in abuse or exploitation of the service
• Accounts with fraudulent registration information

You may delete your account at any time. Upon account deletion, your personal information will be purged within 30 days as described in our Privacy Policy.

8. Data Practices

Your use of TailwagTune is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using TailwagTune, you acknowledge that you have read and understood the Privacy Policy.

8a. Third-Party Services

Sign-in providers. You may create your account using Google or Facebook instead of an email address and password. This is optional. When you sign in with Facebook we request only the email and public_profile permissions; when you sign in with Google we request only basic sign-in scopes. We never receive your password with either provider, and we never post to your account. What we receive and how to disconnect is described in Privacy Policy Section 4a.

Payments. Credit purchases are processed by Stripe. Your card details are handled by Stripe and are never stored on TailwagTune's servers.

Your use of these services is governed by their own terms and privacy policies, which we do not control. We are not responsible for the availability, accuracy, or practices of any third-party service, and a failure or change on their side may interrupt parts of TailwagTune.

TailwagTune is an independent service. It is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc., Google LLC, or Stripe, Inc. All trademarks are the property of their respective owners.

8b. Security Research

We welcome good-faith security research and we would rather hear about a vulnerability from you than from anyone else. Our vulnerability disclosure policy — how to report an issue, what we commit to, and what we ask of you while testing — is published at /.well-known/security.txt.

Research conducted in good faith and in accordance with that policy is authorized under these Terms and will not be treated as a violation of them.

9. Limitation of Liability

TailwagTune is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, 3nLabs LLC, operator of TailwagTune, and its members, managers, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or in connection with your use of the service.

Our total liability for any claim arising from or related to this agreement shall not exceed the amount you paid to TailwagTune in the 12 months preceding the claim.

9a. Indemnification

You agree to defend, indemnify, and hold harmless 3nLabs LLC and its members, managers, officers, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) brought by a third party and arising out of content you submit, your use or misuse of the service, your violation of these Terms, or your violation of any law or the rights of another.

This does not apply to claims arising from our own acts or omissions. We will notify you of any claim to which this section applies and you may participate in its defense.

10. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflict of law provisions.

10a. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND 3nLabs LLC TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS — SEE PARAGRAPH (h).

(a) Talk to us first. Most problems can be sorted out quickly. Before starting arbitration, you agree to email support@tailwagtune.com with a short description of the dispute and the resolution you want. We will do the same for any claim we have against you, using your account email. Both sides agree to work in good faith for 60 days from that notice before filing anything. This step is a condition of starting arbitration, and the 60 days pauses any deadline that would otherwise run out.

(b) Agreement to arbitrate. If we cannot resolve it, you and 3nLabs LLC agree that any dispute arising out of or relating to these Terms or TailwagTune will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. This agreement is governed by the Federal Arbitration Act.

(c) What is NOT covered. Either of us may bring an individual claim in small claims court instead, as long as it stays there. Either of us may also ask a court for an injunction to stop infringement or misuse of intellectual property. Nothing here stops you from reporting a concern to a government agency.

(d) Individual basis only. Claims may be brought only in your or our individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not preside over any consolidated or class proceeding, and may award relief only to the individual party seeking it.

(e) YOU AND 3nLabs LLC WAIVE ANY RIGHT TO A JURY TRIAL.

(f) Coordinated filings. If 20 or more substantially similar demands for arbitration are filed against us within a 90-day period by or with the assistance of the same law firm or coordinated group, the demands will be administered in batches of no more than 50. One arbitrator will hear each batch, and each batch will be treated as a single case for filing-fee purposes. Both sides will ask the AAA to resolve an initial batch first so its outcome can guide the rest, and will mediate in good faith before further batches proceed. Any filing deadline is paused for demands awaiting their batch.

(g) Fees, location, and format. AAA's Consumer Arbitration Rules set the filing fees; we will pay any portion above the consumer filing fee, and we will pay the arbitrator's fees. If the arbitrator finds your claim was not frivolous, we will also reimburse your consumer filing fee. For claims under $25,000, the arbitration may be decided on documents alone, or by phone or video, at your choice — you should not have to travel to make a small claim. Any in-person hearing will take place in the federal judicial district where you live, or somewhere else we both agree on. The arbitrator may award the same individual relief a court could, and the award may be entered as a judgment in any court with jurisdiction.

(h) How to opt out — you have 30 days. You can reject this arbitration agreement and keep your right to go to court and to participate in class actions. Send us notice within 30 days of first accepting these Terms (or, if you already had an account when this section was added, within 30 days of the date it took effect for you). Email support@tailwagtune.com with the subject line "Arbitration Opt-Out", or write to 3nLabs LLC, 700 Narragansett Park Dr Ste 100, Pawtucket, RI 02861. Include your name and the email address on your account. That is all it takes. Opting out costs you nothing — it does not affect your account, your credits, or anything else in these Terms, and we will not treat you differently for it. If we later change this section, you may reject that change the same way within 30 days of the change taking effect.

(i) If part of this section is unenforceable. If any provision of this Section 10a is found unenforceable, that provision will be severed and the rest will remain in force — except that if the individual-basis requirement in paragraph (d) is found unenforceable as to a particular claim, then this entire Section 10a will not apply to that claim, and that claim will proceed in court under Section 10. Paragraph (d) may not be severed on its own.

(j) Survival. This section survives termination of these Terms and deletion of your account.

11. Changes to Terms

We may update these Terms of Service from time to time. If we make material changes, we will notify you by email and by posting a notice on our website at least 30 days before the changes take effect. Your continued use of TailwagTune after the effective date constitutes acceptance of the updated terms.

12. General Provisions

Severability. If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions stay in full force. Section 10a(i) governs instead for the arbitration section.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms or your account. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, as described in our Privacy Policy.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and 3nLabs LLC regarding TailwagTune and supersede any prior understanding on the subject.

Contact. Questions about these Terms may be sent to support@tailwagtune.com or to 3nLabs LLC, 700 Narragansett Park Dr Ste 100, Pawtucket, RI 02861.