Terms of service

Effective Date: 12-22-2025
Last Updated: 12-22-2025

These Terms & Conditions (“Terms”) govern your use of CustomHeartbeat.com (the “Website”) and the purchase of services from NCharlesB LLC (“Company”, “we”, “us”, “our”). By accessing the Website or placing an order, you agree to these Terms.

If you do not agree, do not use the Website or purchase our services.

1. Services Provided

CustomHeartbeat.com provides custom personalized digital song creation services based on information you submit at checkout (“Order Inputs”). 
Deliverables are provided digitally (e.g., download link or email delivery). 
No physical goods are shipped.

2. Eligibility

You must be 18 years or older to place an order. 
By ordering, you represent that you meet this requirement and can enter into a binding contract.

3. Orders & Customer Responsibility

You agree to provide accurate, complete, and clear Order Inputs (names, pronunciation guidance, dates, story details, preferences, etc.).
We are not responsible for issues caused by incorrect, incomplete, ambiguous, or misleading Order Inputs.

4. Production Start, Delivery Timeline, and Delays

4.1 Production Start

“Production” begins when we start creating your song, including drafting lyrics and/or composing/producing audio based on your Order Inputs. 
We typically begin production within 24 hours of successful payment confirmation.

4.2 Delivery Promise

We aim to deliver within 72 hours of payment confirmation.

4.3 Delays Outside Our Control

Delivery may be delayed due to circumstances beyond our reasonable control, including (without limitation) outages of third-party services, hosting failures, internet or power failures, or events described in Section 14 (Force Majeure). If we cannot deliver within the promised timeframe, your remedy may include a refund as described in our Refund Policy.

5. Revisions

We offer up to three (3) revisions per order, provided that:

  • the revision request is submitted within 7 days of delivery, and
  • the request is reasonable and consistent with the original Order Inputs.

Revisions are intended to address issues such as pronunciation, factual inaccuracies relative to the Order Inputs, and reasonable style adjustments. 
We may require clarification before performing revisions. 
Additional time may be needed to complete revisions.

6. Refunds & Cancellations

Refunds, cancellations, and related rules are governed by our Refund Policy, which is incorporated into these Terms by reference: Refund Policy.

In the event of any conflict between these Terms and the Refund Policy regarding refunds, the Refund Policy controls.

7. User Submissions (Your Content) & License to Us

You may submit text, names, stories, and other materials as part of Order Inputs (“User Content”). You represent that you have the right to provide this User Content and that it does not infringe any third-party rights or violate any laws.

You grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, modify, and transform User Content solely to provide the services (create the song, deliver it, and complete revisions/support).

We do not claim ownership of your User Content.

8. Intellectual Property and Your Usage Rights

8.1 Our Intellectual Property

The Website, branding, workflows, and service processes are owned by the Company and protected by applicable intellectual property laws.

8.2 License to You for the Delivered Song

Upon full payment and delivery, you are granted a worldwide, perpetual, non-exclusive license to use the delivered song for personal or commercial purposes, including sharing, posting, and monetizing, subject to the restrictions below.

8.3 Restrictions (What You May Not Do)

Unless we explicitly agree in writing, you may not:

  • claim authorship of the Company’s service or brand,
  • use our trademarks, logos, or brand assets in a way that suggests endorsement,
  • use the delivered song to create, request, or promote unlawful, defamatory, or harmful content,
  • resell the service itself as if you created it (i.e., pass yourself off as CustomHeartbeat.com / NCharlesB LLC).

8.4 Important Disclaimers About Copyright and Platform Claims

Our songs are produced using a combination of creative methods and production tools. Despite our efforts, you acknowledge that:

  • we do not guarantee that the delivered song is eligible for copyright protection in all jurisdictions,
  • we do not guarantee that the song is completely unique or free from similarity to other works,
  • we do not guarantee that platforms (e.g., YouTube, TikTok, Instagram, Spotify, etc.) will not flag, limit, or make claims regarding uploaded audio.

If you plan to distribute or monetize the song broadly, you are responsible for ensuring compliance with platform rules and applicable laws.

9. Prohibited Content & Right to Refuse Service

You may not request content that is unlawful, hateful, harassing, defamatory, threatening, sexually explicit, or otherwise harmful, or that infringes third-party rights (including copyrighted lyrics, protected characters, or trademarks where applicable).

We reserve the right to refuse, cancel, or suspend any order that we believe violates these Terms or is inappropriate. Refund outcomes for canceled orders are handled under the Refund Policy.

10. Pricing, Payments, and Taxes

  • Prices are displayed at checkout in USD.
  • Payment is processed through Stripe (and/or its supported methods as shown at checkout).
  • You authorize us (and our payment processor) to charge the payment method you provide.
  • You are responsible for any taxes or fees required by your jurisdiction, if applicable.

11. Privacy

Your personal information is handled according to our Privacy Policy.

12. Disclaimer of Warranties

To the maximum extent permitted by law, the Website and services are provided “AS IS” and “AS AVAILABLE”. We make no warranties of any kind, express or implied, including fitness for a particular purpose, merchantability, or that a particular creative outcome will meet your subjective expectations.

13. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, loss of data, or reputational harm.
  • Our total liability for any claim relating to an order shall not exceed the amount you paid for that order.

14. Force Majeure

We are not responsible for delays or failure to perform due to events beyond our reasonable control, including natural disasters, outages, acts of government, war, labor disputes, or failures of third-party infrastructure/services.

15. Chargebacks & Disputes

If you have an issue, you agree to contact us first at info@customheartbeat.com so we can attempt to resolve it. We may provide documentation to payment processors in response to disputes (including proof of delivery and these Terms).

16. Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.

17. Changes to These Terms

We may update these Terms at any time by posting a new version on this page and updating the “Last Updated” date. Continued use of the Website after changes are posted constitutes acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

19. Entire Agreement

These Terms, together with the Refund Policy and Privacy Policy, constitute the entire agreement between you and the Company regarding the Website and services.

20. Company Information & Contact

NCharlesB LLC
30 North Gould Street
Sheridan, WY 82801
United States
Email: info@customheartbeat.com