Joyla

Terms of Service

For Digital Content and Services – www.getjoyla.com

These Global Terms and Conditions (hereinafter referred to as the “Terms” or “Agreement”) govern the mutual rights, obligations, and legal relationship between the Provider and the Customer arising out of or in connection with the provision of digital services and digital content through the e-commerce platform located at www.getjoyla.com.

Provider Information Business Name: Obsidian Core s. r. o. Registered Office: 9. Mája 44, 977 03 Brezno, Slovak Republic Corporate ID (IČO): 57420343 Tax ID (DIČ): 2122711998 Contact Email: hello@getjoyla.com Lead Supervisory Authority: Slovak Trade Inspection (SOI), Inspectorate for the Banská Bystrica Region, Dolná 46, 974 00 Banská Bystrica, Slovak Republic (applicable within the EU) Hereinafter referred to as the “Provider”, “we”, “us”, or “our”.

Customer Definitions The “Customer” (hereinafter referred to as “you” or “your”) means any natural person or legal entity who places an order for the creation of a personalized song through the online interface at www.getjoyla.com. If you are a natural person who enters into this Agreement entirely or predominantly outside your trade, business, craft, or profession, you shall be classified and treated as a “Consumer” under applicable laws. By accessing our services, creating an account, or submitting an order, you express your explicit, unequivocal, and legally binding consent to be bound by these Terms in their entirety.

  1. General Provisions and Eligibility 1.1. By placing an order, you represent and warrant that you are at least 18 years of age, or have reached the legal age of majority in your jurisdiction of residence, and possess the full legal capacity to enter into a binding contractual agreement. These Terms constitute an integral and inseparable part of any remote contract for the provision of digital content or services concluded between the Provider and the Customer through the internet.

1.2. Prior to the final submission of an order, the Customer is provided with a comprehensive technical summary of the input data and specifications. The Customer is responsible for verifying all entered text, names, and parameters, and retains the technical ability to navigate back to previous steps of the form to correct any typographical mistakes or substantive errors before final execution.

  1. Scope of Services and Generative AI Disclosure 2.1. The subject matter of this Agreement is the custom creation and subsequent electronic delivery of digital content consisting of an audio track — specifically a personalized song (the “Work”) — tailored to the specific text, narratives, names, and emotional themes provided by the Customer via the online input form.

2.2. Generative Technology Disclosure: The Customer explicitly acknowledges and agrees that the audio composition, musical arrangement, vocal synthesis, and instrumentation of the Work are generated primarily using advanced automated digital software, neural networks, and generative artificial intelligence tools (“AI Tech”). Following automated generation, the Work undergoes review, technical refinement, and human editing by the Provider’s team to optimize formatting, alignment, and quality based on the Customer’s configuration.

2.3. Technical Deliverable Standards: The resulting Work is delivered exclusively as a digital asset in standard MP3 format (with a minimum sampling frequency of 44.1 kHz and a minimum constant or variable bitrate of 192 kbps). To access and play the Work, the Customer requires an internet-enabled device with functioning audio output and software capable of decoding and playing standard MP3 files (such as modern smartphones, personal computers, or tablets).

2.4. Artistic Freedom and Text Modification: The Customer acknowledges that any text, stories, or descriptions submitted in the order form serve as baseline material, creative guidance, and inspiration for the Work. In order to accommodate rigid musical conventions, rhythmic meters, rhyming structures, vocal phrasing, and appropriate track length constraints, the Provider explicitly reserves absolute editorial and artistic freedom. The Provider is authorized to modify, truncate, expand, rephrase, or omit portions of the user-submitted text. The selection of specific textual highlights for musical adaptation is at the sole artistic discretion of the Provider and its tools, and such stylistic adjustments shall under no circumstances be deemed a defect or non-conformity of the Work.

  1. Pricing, Financial Terms, and Taxation 3.1. The purchase price for the creation of the Work is clearly displayed during the checkout process and represents the total aggregate price for the selected configuration. Depending on your geographical location and the jurisdiction from which you access the website, the price shown may include or exclude value-added tax (VAT), sales tax, or other localized digital services taxes, as clearly indicated at checkout. The Provider complies with international tax regulations, including the EU VAT One Stop Shop (OSS) and applicable foreign destination-based taxation rules.

3.2. Payment must be executed via the secure electronic payment methods supported on our platform, which include authorized credit/debit card processing gateways or direct bank transfers. The contract is finalized, and the technical and artistic process of creating the Work commences, only after the Provider receives full, unencumbered payment of the total order value. Payment details are fully encrypted and securely handled by our external, PCI-DSS compliant third-party payment processors; the Provider never stores your full financial credentials.

  1. Delivery Conditions, Timeframes, and Support 4.1. Due to the purely intangible nature of the Work, delivery is executed exclusively via electronic transmission (digital download). Physical media (CDs, vinyl, USB drives) are not provided. Delivery is deemed complete at the exact moment the Provider transmits an automated access email containing a unique hypertext link and password to the email address specified by the Customer in the order form, enabling download from our secure servers.

4.2. Delivery Windows:

Standard Delivery: Delivered within 48 hours (calculated as 2 business days) following the verification and receipt of full payment. Express Delivery: Delivered within 24 hours (calculated as 1 business day) following payment verification, subject to an additional rush fee clearly specified in the current pricing tier. 4.3. Given that the Work consists of a one-time, static customized artistic asset, the Provider does not provide ongoing software updates, continuous iterations, or sequential modifications post-delivery, with one exception: each ordered song includes one (1) free revision, which the Customer may request within fourteen (14) days of delivery by replying to the delivery e-mail. A revision covers adjustments to the delivered Work (such as name pronunciation, correction or change of a lyrical detail, or a mood or tempo adjustment within the selected genre); it does not constitute a new Work, a change of genre, or a re-composition. Beyond this single revision, the Customer expressly accepts the static nature of the deliverable asset. A plain-English summary is available at /refund-policy; in case of any conflict, these Terms prevail.

4.4. Post-Delivery Feedback: To monitor and enhance service quality, the Provider may transmit an automated follow-up communication inviting the Customer to rate their purchase and provide a review. This processing is conducted based on our legitimate commercial interest in quality assurance. The Customer retains an absolute right to opt out of future feedback communications at any time by clicking the unsubscribe link embedded in the email or by contacting us at hello@getjoyla.com.

4.5. Download Link Validity and Retention of the Work: The unique download link provided upon delivery remains technically valid for thirty (30) days from the moment of its issuance. The Customer is strongly advised to download and securely back up the Work within this period. Should the link expire, the Customer may request the issuance of a new download link free of charge at any time by contacting hello@getjoyla.com. The Provider retains delivered Works for a minimum of twelve (12) months from the date of delivery and, as a standard operational practice, for the entire duration of the operation of the service; however, the Customer remains solely responsible for maintaining their own permanent backup of the delivered digital asset.

  1. Absolute Waiver of Right of Withdrawal and Cancellation 5.1. IMPORTANT NOTICE FOR EU/UK CONSUMERS: Under European Union and United Kingdom consumer protection frameworks (including Slovak Consumer Protection Act No. 108/2024 Z. z. and EU Directive 2011/83/EU), consumers ordinarily enjoy a statutory 14-day right to withdraw from distance contracts without justification. However, an explicit statutory exemption applies under Article 16 of the EU Consumer Rights Directive for:

The supply of goods or digital assets made to the consumer’s unique specifications or clearly personalized; and The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and acknowledgment that they thereby lose their right of withdrawal. 5.2. GLOBAL POLICY (ALL JURISDICTIONS): By clicking the final submit button and authorizing payment, you grant the Provider your explicit express consent to immediately initiate the performance of the contract and begin the creation of your custom Work prior to the expiration of any statutory cancellation periods. You explicitly recognize, agree, and declare that upon execution of payment and commencement of the creation process, you lose any and all statutory rights to withdraw from the contract, cancel the order, or request a refund. Because each song is uniquely generated based on your proprietary text and personal input, it possesses no residual commercial value to third parties, and all sales are absolute, final, and non-refundable.

  1. Conformity, Limited Warranty, and Rejection of Aesthetic Claims 6.1. The Provider warrants that the delivered digital content will conform in all material respects to the objective technical specifications outlined in Section 2.3 and will be legally free from third-party encumbrances at the moment of delivery.

6.2. Aesthetic and Subjective Exclusion: Because musical compositions, lyric interpretation, vocal timbres, and artistic pacing are fundamentally subjective, creative, and non-quantifiable, subjective dissatisfaction with the artistic style, melody, voice pitch, musical genre, emotional interpretation, or rhythmic pacing shall under no circumstances be interpreted as a lack of conformity, a technical defect, or grounds for a refund or dispute. Claims are strictly restricted to objective, verifiable technical errors (e.g., severe digital audio file corruption, unplayable file format, complete omission of critical mandatory order parameters, or direct, severe contradiction of the input criteria). Subjective concerns of this nature are addressed exclusively through the free revision under clause 4.3.

6.3. Phonetic Variations in AI Synthesis: The Customer acknowledges that AI vocal synthesis tools interpret phonemes based on algorithmic calculations. Minor accent variations, mispronunciations of rare names, or subtle phonetic unnaturalness are inherent characteristics of current technology and do not constitute a defect, provided the overall textual context and core semantic meaning remain discernible.

6.4. Post-Delivery Client Modifications: If, following delivery, the Customer discovers that they provided incorrect input data, omitted vital details, or desire changes that deviate from the original order submission, this does not represent a service defect. The Provider may, entirely at its own option and discretion, offer a subsequent manual or technical adjustment of the Work subject to an additional service fee calculated based on technical complexity.

6.5. Remedy Process: Valid technical complaints must be filed via email to hello@getjoyla.com within a reasonable time from discovery. The Provider will review the technical validity of the claim within 30 days. If a technical defect is verified, the Provider will, at its own option, either (i) provide a corrected or re-generated digital version of the Work free of charge, or (ii) grant a proportional price reduction or full refund. The Customer explicitly understands that due to the random parameters inherent in AI neural networks, re-generation to correct a text error will result in an entirely new musical composition, vocal arrangement, and melody; the Provider cannot guarantee the retention of the original melody when applying text revisions.

  1. Intellectual Property Rights and User License Grant 7.1. Limited Non-Commercial License: Upon full payment and successful delivery of the Work, the Provider grants the Customer a non-exclusive, perpetual, worldwide, irrevocable, non-transferable, and non-sublicensable license to use, play, store, and share the Work. This license is strictly confined to personal, private, and non-commercial purposes. Permitted uses include sharing the Work as a personal gift, playing it at private social gatherings, or embedding it on your personal, non-monetized social media profiles (e.g., Instagram, TikTok, Facebook) for purely personal expression where no commercial revenue is derived.

7.2. Commercial Prohibition: The Customer is strictly prohibited from exploiting the Work, or any part thereof, for any commercial, revenue-generating, or institutional purposes. Prohibited actions include, but are not limited to: reselling or licensing the audio track to third parties; utilizing the Work in paid advertising campaigns, corporate promotions, or brand sponsorships; uploading the track to commercial audio streaming networks (e.g., Spotify, Apple Music, YouTube Music, Amazon Music) for monetization, royalty distribution, or public content ID registration; or publicly broadcasting the Work without a prior separate commercial agreement executed in writing by an authorized representative of the Provider.

7.3. AI Authorship and Similarity Disclaimer: The music, arrangements, and vocal tracks are synthesized using computational algorithms. International copyright laws regarding ownership, copyrightability, and authorship of AI-generated content remain highly variable and subject to change. The Provider does not warrant or represent that the Work will qualify for federal or national copyright registration in the Customer’s country. Furthermore, due to the automated patterns used by generative algorithms, the Provider cannot guarantee absolute, unique exclusivity of the musical composition. The Provider disclaims any liability for coincidental, accidental similarity between the AI-generated melody/vocal structure and existing copyrighted musical works owned by third parties.

7.4. Marketing Allowance: The Provider retains the right to utilize anonymized, brief promotional snippets of the generated Work on its digital channels and social media portfolios for marketing and quality showcase purposes, unless the Customer explicitly selects a privacy restriction or requests complete non-disclosure during the checkout phase.

  1. User-Submitted Materials, Indemnification, and Third-Party Rights 8.1. The Customer represents, warrants, and guarantees that any text, poems, biographical details, anecdotes, or other content submitted into the online form are either the original intellectual creation of the Customer, or the Customer possesses all valid, unencumbered global licenses, consents, and clear permissions necessary to submit such text for musical processing.

8.2. Third-Party Privacy Consents: The Customer explicitly warrants that they have obtained the prior, verifiable, informed consent of any living individuals whose personal data, real names, specific memories, or identifiable traits are embedded within the text prompts submitted to the platform. The Provider acts as a mere technical conduit and processor of this text and assumes zero responsibility for unauthorized privacy or publicity intrusions caused by your prompts.

8.3. INDEMNIFICATION: THE CUSTOMER AGREES TO FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS OBSIDIAN CORE S. R. O., ITS DIRECTORS, EMPLOYEES, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE LEGAL FEES) ARISING DIRECTLY OR INDIRECTLY FROM (A) THE CUSTOMER’S BREACH OF THIRD-PARTY COPYRIGHTS, TRADEMARKS, OR INTELLECTUAL PROPERTY RIGHTS TIED TO SUBMITTED TEXTS, OR (B) THE VIOLATION OF PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PARTY NAMED OR DESCRIBED IN THE USER PROMPTS.THE CUSTOMER WILL ASSUME SOLE FINANCIAL RESPONSIBILITY FOR THE LEGAL DEFENSE AND ANY SETTLEMENTS ARISING THEREFROM.

8.4. Content Screening: The Provider explicitly reserves the right, but does not assume the obligation, to screen orders. The Provider maintains absolute authority to summarily reject any order, cancel the contract, and issue a refund if the submitted text contains hate speech, extreme profanity, incitement to violence, defamatory statements, harassment, child exploitation themes, or prompts that promote illegal conduct.

  1. Prohibited Platform Misuse 9.1. You are strictly forbidden from attempting to breach, circumvent, reverse engineer, or compromise the technical security infrastructure of the website www.getjoyla.com. Furthermore, you may not use automated scripts, scraping tools, or bots to harvest data or interact with our order creation backend without explicit authorization. Any violation of this section results in immediate termination of access to our services, revocation of all issued licenses, and potential referral to relevant cybercrime law enforcement agencies.

  2. Data Protection, Privacy, and Global Transfers 10.1. The Provider processes personal data collected through the platform strictly in accordance with Regulation (EU) 2016/679 (the General Data Protection Regulation “GDPR”) and applicable national privacy statutes. Personal data is processed for the primary legal purposes of contract performance, processing secure payments, executing digital delivery of the Work, and fulfilling statutory tax obligations. Comprehensive details regarding data processing pipelines, retention schedules, and your actionable data rights (including access, rectification, erasure, and restriction) are detailed in our standalone Privacy Policy document accessible on the platform.

  3. Disclaimer of Warranties 11.1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE CONSUMER LAWS, THE SERVICES, PLATFORM, AND ALL DELIVERED WORKS ARE PROVIDED ENTIRELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PROVIDER EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

11.2. THE PROVIDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM OR DIGITAL DELIVERABLES WILL BE COMPLETELY UNINTERRUPTED, SECURE, ACCURATE, TIME-EFFICIENT, OR ERROR-FREE, OR THAT EVERY SPECIFIC AI VOCAL OUTPUT WILL MATCH THE EXACT EXPECTATIONS OF THE CUSTOMER. THE CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE SATISFACTION OF ARTISTIC COMPOSITIONS GENERATED VIA COMPUTATIONAL ALGORITHMS.

  1. Limitation of Liability 12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE JURISDICTIONAL LAW, IN NO EVENT SHALL OBSIDIAN CORE S. R. O., ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR TECH SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATING TO (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS THE SERVICE; (II) ANY ACCIDENTAL SIMILARITY OF AUTOMATED MUSIC TO THIRD-PARTY TRACKS; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR PROMPTS.

12.2. IN NO EVENT SHALL THE PROVIDER’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, DISPUTES, OR CAUSES OF ACTION ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT EXCEED THE EXACT AMOUNT ACTUALLY PAID BY THE CUSTOMER TO THE PROVIDER FOR THE SPECIFIC ORDER GIVING RISE TO THE LIABILITY.

  1. Governing Law, Dispute Resolution, and Class Action Waiver 13.1. Governing Law: This Agreement, along with all contractual and non-contractual obligations arising out of it, shall be governed by, interpreted, and construed exclusively in accordance with the substantive laws of the Slovak Republic, without regard to conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2. Protection of Local Consumer Mandates: If you are a Consumer residing within the European Union, European Economic Area, or the United Kingdom, the choice of Slovak law does not deprive you of the protective provisions afforded to you by the mandatory consumer protection regulations of your country of habitual residence, which cannot be derogated from by agreement.

13.3. Dispute Venue: Any dispute, controversy, or claim arising out of or relating to this contract, including its validity, interpretation, performance, or termination, shall be submitted to the exclusive jurisdiction of the competent courts of the Slovak Republic. Consumers within the EU may alternatively utilize the European Commission’s Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/ or approach competent Alternative Dispute Resolution (ADR) entities.

13.4. GLOBAL CLASS ACTION WAIVER: TO THE EXTENT PERMITTED BY LAW (PARTICULARLY APPLICABLE FOR CUSTOMERS RESIDING IN THE UNITED STATES), YOU AND THE PROVIDER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE PROVIDER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES.

  1. Miscellaneous Provisions 14.1. Severability: If any provision or sub-clause of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable under applicable statutes, such invalidity shall not affect the remaining provisions of these Terms. The remaining clauses shall continue in full force and effect as if the invalid portion had never been drafted.

14.2. Amendments: The Provider reserves the right to modify, amend, or update these Terms at any time to reflect legislative modifications, adjustments in technical operating procedures, or shifting economic realities. The version of the Terms in force at the exact timestamp when the Customer submits their order shall remain the valid contractual text governing that specific transaction.

14.3. Effective Date: These Global Terms and Conditions are effective as of May 1, 2026, and represent the entire agreement between the parties concerning the subject matter herein.

Obsidian Core s. r. o. Contact Email: hello@getjoyla.com