Terms of Service & Privacy Policy.

Section 02

Using the Website

Limited Permission to Use the Site

We give you a limited, revocable, nonexclusive, nontransferable license to access the website for lawful personal or business-evaluation purposes.

This permission does not transfer ownership of any website content, music, writing, artwork, characters, designs, code, photographs, videos, trademarks, or other materials.

Accounts and Accurate Information

If the website allows accounts, saved orders, customer profiles, or login access, you are responsible for keeping your credentials confidential and for activity conducted through your account.

Information you provide must be accurate, current, and complete. You may not create an account or purchase using another person’s identity without lawful permission.

Availability and Changes

We may update, redesign, suspend, discontinue, restrict, or change any part of the website at any time. We don’t promise that every page, song, product, feature, link, or service will remain continuously available.

Section 03

Mailing List and Email

Marketing Emails

When you voluntarily subscribe, check a marketing-consent box, or otherwise request promotional communication, you authorize us to send marketing emails relating to music, books, new releases, custom songs, Journal entries, merchandise, events, related brands, and special offers.

Email frequency may vary. Joining the mailing list does not guarantee that every email will reach your inbox.

Unsubscribing

Marketing emails include an unsubscribe method. You may also request removal by emailing hello@eafmagazines.com.

We may retain your email address on a suppression list so that we can honor the request and avoid accidentally adding you back to marketing communication.

Transactional Emails

Unsubscribing from marketing does not prevent us from sending nonmarketing messages that are necessary to complete or administer a transaction. These can include receipts, payment notices, order updates, form confirmations, production questions, delivery notices, security messages, and responses to customer-service requests.

No Sale of the Mailing List

We don’t sell mailing-list addresses for money. We may use an email service provider, such as Brevo or a successor provider, to store the list and deliver messages on our behalf.

Section 04

Orders, Pricing, and Payments

Prices and Product Information

Prices, product descriptions, availability, included services, delivery estimates, licenses, and revision allowances may change before purchase.

The price and terms shown when you complete checkout are the terms that generally apply to that order, unless an obvious error occurred.

Payment Processing

Payments may be processed by Stripe or another third-party payment provider. Payment providers collect and process payment information under their own terms and privacy practices.

We generally receive transaction information such as your name, email, billing details, payment status, order amount, and transaction identifier. We don’t normally receive your complete card number.

Taxes and Currency

Prices are listed in the currency shown at checkout. Applicable taxes, shipping charges, or other disclosed charges may be added before payment.

Order Acceptance

A payment confirmation does not require us to accept an order involving suspected fraud, payment error, unlawful material, rights violations, technical mistakes, or work outside the purchased service.

If we reject an order before performing work or delivering the product, we will cancel or refund the affected purchase as appropriate.

Chargebacks

Contact us before filing a payment dispute so we have an opportunity to investigate and resolve the issue.

A chargeback or reversed payment may pause production, revoke a license, disable download access, or stop delivery while the dispute is reviewed.

Section 05

Books and Written Products

Physical Books

Physical books may be sold directly by Smilefire or through a third-party retailer, printer, distributor, marketplace, or fulfillment company.

Purchases through another retailer are also subject to that retailer’s ordering, shipping, return, privacy, and customer-service policies.

Preorders

A preorder is a purchase of a product expected to become available later. Estimated publication and shipping dates are good-faith estimates and can change because of editing, proofing, printing, manufacturing, shipping, distribution, or events outside our reasonable control.

If a direct physical-book order cannot ship within the promised period, we may request your consent to a delay or provide cancellation and refund options as required by applicable law.

Signed and Personalized Books

Signed, inscribed, personalized, made-to-order, or otherwise customized books are generally final sale unless damaged, defective, materially different from what was ordered, or otherwise refundable under applicable law.

Ebooks and Digital Written Products

Digital books, workbooks, guides, PDFs, and similar products are licensed for the purchaser’s personal use. You may not reproduce, upload, resell, distribute, publish, share publicly, or use them to create competing products without written permission.

Section 06

Music, Streaming, and Downloads

Streaming Platforms

Music accessed through Spotify, Apple Music, YouTube Music, or another platform is also governed by that platform’s terms, subscription rules, availability, regional restrictions, and privacy practices.

Purchased Music and Downloads

Unless a different license is clearly stated, purchasing or downloading music gives you a limited license for personal, noncommercial listening.

You may not resell the file, upload it as your own release, distribute copies, use it in paid advertising, synchronize it with commercial video, register it as your work, claim ownership, mint it as an NFT, use it to train an AI system, or otherwise commercially exploit it without written permission.

Website-Exclusive Music

Music made available exclusively through this website remains protected even when it can be streamed without payment. Free listening does not create a right to copy, download, redistribute, scrape, record, or commercially use the music.

Section 07

Custom Story Songs

When the Project Begins

A custom-song purchase is not ready for production until we receive payment and a sufficiently complete story form.

Creative work begins when we confirm that the order has entered production. We may ask questions or request missing information before starting.

AI-Assisted Production

Custom songs may involve human-written concepts, lyrics, structure, characters, emotional direction, genre instructions, and production choices combined with AI-assisted vocals, instrumentation, arrangement, mixing, or other generated material.

By purchasing a custom song, you understand and accept that AI-assisted tools may be used as part of the creative and production process.

Creative Interpretation

Your submission provides the foundation, but it does not require every detail, sentence, date, or phrase to appear literally in the finished lyrics.

Smilefire may reorganize, condense, paraphrase, omit, repeat, dramatize, or creatively interpret information to produce a coherent song.

Voice, Genre, and Style Requests

We will make reasonable efforts to follow the purchased direction, selected Smilefire voice, requested genre, mood, and musical references.

References to artists or existing songs are used only to understand general qualities such as energy, tempo, instrumentation, mood, or genre. We do not promise an imitation of any living artist, real person, copyrighted recording, protected melody, or distinctive performance.

Delivery and Format

The applicable product page or order confirmation will describe the expected delivery format and estimated turnaround time. The delivery period begins after we receive the complete story form and any required follow-up information, not necessarily on the payment date.

Revisions

The revision allowance stated on the product page or order confirmation controls.

If no revision allowance is stated, the purchase includes one reasonable revision request submitted within seven calendar days after initial delivery.

A revision is intended to address factual corrections, pronunciation issues, omitted required details, or limited creative adjustments. A new recipient, new story, new concept, substantially different genre, complete lyrical rewrite, or entirely new production may require an additional purchase.

Subjective Reactions

Music is subjective. We don’t guarantee that every listener will react in a particular way, that the recipient will like every creative choice, or that the song will create a specific personal, emotional, social, or commercial result.

Section 08

Custom Song Ownership and License

Your Existing Story and Materials

You keep ownership of personal photographs, recordings, writings, stories, and other original materials you owned before submitting them.

You give Smilefire a limited license to access, copy, adapt, summarize, transform, and process those materials as reasonably needed to create, revise, administer, deliver, support, and defend the custom-song order.

Smilefire’s Creative Work

Unless a separate written agreement states otherwise, Smilefire retains all rights it may legally hold in the original lyrics, composition, arrangement, master recording, production, project files, creative direction, characters, fictional voices, branding, designs, and other original elements created for the project.

Rights in AI-assisted material may depend on applicable law, the amount of human authorship, and the terms of the production tools used. Nothing in these Terms promises copyright protection for material that the law does not protect.

Your Personal-Use License

After full payment, you receive a perpetual, nonexclusive, nontransferable license to use the delivered custom song for personal, noncommercial purposes.

Personal use can include private listening, giving the song to its intended recipient, playing it at a personal wedding, anniversary, memorial, birthday, or family event, and sharing it through ordinary noncommercial personal social media.

Commercial Use Requires Permission

A personal-use purchase does not allow paid advertising, business branding, monetized video, commercial film, television, podcast advertising, resale, sublicensing, mass distribution, paid streaming distribution, merchandise, political campaigning, or other revenue-generating use.

Contact us before purchase or use to request a commercial license.

No Exclusive Rights Unless Purchased

Custom songs are nonexclusive unless a separate written agreement expressly provides exclusivity. General concepts, themes, genres, chord progressions, production methods, character types, and creative techniques may be used in other work.

Private Stories and Marketing

Purchasing a custom song does not automatically give us permission to publish your private story, identify the recipient, post your photographs, or use the finished song as a public testimonial or advertisement.

We may ask for separate permission to feature a song, excerpt, review, story, or reaction. You may accept or decline without affecting the completed purchase.

Section 09

Refunds, Cancellations, and Delivery

Custom Songs Before Production

You may request cancellation before we confirm that creative production has begun. If no work has begun and no custom deliverable has been provided, we will generally provide a refund.

Custom Songs After Production Begins

Once creative production begins, custom-song payments are generally nonrefundable because time, writing, creative labor, production resources, and third-party services are committed specifically to your project.

This does not remove rights that cannot legally be waived. If we cannot provide the purchased service, we may offer completion, correction, replacement, partial refund, or full refund depending on the circumstances.

Missing Story Forms

You are responsible for completing the story form and responding to reasonable follow-up questions.

An incomplete order may be placed on hold after 90 days. If the required information is not provided within 12 months after purchase, we may close the project and require a new purchase or reactivation fee before scheduling it again, subject to any nonwaivable rights under applicable law.

Digital Products

Digital books, downloadable music, guides, files, and other immediately accessible digital products are generally final sale after access or delivery.

Contact us if you were charged more than once, received the wrong file, cannot reasonably access the product, or believe the product is materially defective.

Direct Physical-Book Returns

Unless a product page states otherwise, an unused, unpersonalized physical book purchased directly from us may be returned within 30 days after delivery.

The customer is responsible for return shipping unless the item was damaged, defective, or incorrect. Original shipping charges are not refundable except where required by law or where the shipment error was ours.

Shipping Delays

We use reasonable efforts to meet stated shipping dates. If a physical product cannot ship within the stated period, we may provide a revised date and the option to accept the delay or cancel, as required by applicable law.

Digital Delivery

You are responsible for providing a working email address, monitoring spam or junk folders, maintaining access to download links, and downloading delivered files within any stated access period.

Section 10

Stories, Forms, and Submitted Materials

Your Responsibility

You represent that you have the right to submit the information and materials you provide and that our requested use of them will not violate another person’s copyright, privacy, publicity, contractual, or other legal rights.

Information About Other People

Custom-song stories often involve spouses, children, relatives, friends, former partners, employees, or other people. Only submit information that is reasonably needed for the project and that you may lawfully provide.

Avoid unnecessary Social Security numbers, financial-account numbers, passwords, medical records, government identifiers, legal documents, private addresses, or other highly sensitive information.

Sensitive Personal Stories

If you voluntarily submit information concerning health, grief, relationships, sexual experiences, beliefs, citizenship, trauma, or other sensitive matters, you consent to our processing that information for the limited purpose of reviewing, creating, revising, and delivering the purchased work.

You may withdraw consent before or during production by contacting us, but withdrawal may prevent us from completing the project and may not create a refund right after work has begun.

Third-Party Production Tools

We may provide all or part of your instructions, lyrics, concepts, or story information to music-production, storage, email, transcription, collaboration, or AI-assisted service providers as reasonably needed to create and deliver the song.

These providers operate under their own terms and privacy practices. We may remove or reduce identifying details where reasonably practical, but we cannot promise that every third-party production system processes information exactly as Smilefire would.

Right to Decline Material

We may reject, pause, edit, or refuse content that appears illegal, threatening, defamatory, exploitative, abusive, deceptive, infringing, hateful, or unsafe.

Section 11

Prohibited Conduct

You may not use the website, services, forms, products, music, or custom-song process to:

• Violate any applicable law or another person’s rights.
• Submit material you don’t have authority to use.
• Defame, threaten, harass, stalk, exploit, or dox another person.
• Create sexual content involving anyone under 18.
• Promote unlawful violence, terrorism, abuse, or criminal activity.
• Generate hateful content targeting a protected group.
• Impersonate a real person or falsely suggest that a real person performed, endorsed, approved, or participated in a song.
• Copy, scrape, record, download, reproduce, or extract website content or music through unauthorized methods.
• Introduce malware, interfere with security, probe vulnerabilities, overload systems, or bypass access controls.
• Resell, sublicense, distribute, or commercially exploit purchased content beyond the license granted.
• Use the services to deceive listeners about authorship, identity, endorsement, affiliation, or source.

We may suspend access, cancel an order, stop production, revoke a license, preserve relevant records, or report conduct when reasonably necessary to protect people, property, rights, or legal obligations.

Section 12

Intellectual Property, Reviews, and Copyright Complaints

Smilefire Content

The website and its original content are owned by Smilefire, its licensors, or the applicable creators and are protected by copyright, trademark, contract, and other laws.

Smilefire Records, FYSFEE, character names, logos, artwork, album branding, website designs, written content, music, and related identifiers may not be used in a way that suggests sponsorship, ownership, or affiliation without permission.

Honest Reviews

You may share honest opinions about your purchase and experience. Nothing in these Terms prevents a truthful customer review or imposes a penalty simply because a review is negative.

Reviews may not disclose private information, make knowingly false factual claims, infringe rights, contain unlawful threats, or include content unrelated to a genuine experience.

Testimonials

We may ask for permission to feature a review, testimonial, photograph, reaction, or excerpt. If you agree, the specific permission or release presented to you will control that use.

Copyright Complaints

If you believe material on the website infringes your copyright, email hello@eafmagazines.com with:

• Your name and contact information.
• Identification of the copyrighted work.
• The exact location of the allegedly infringing material.
• A statement that you have a good-faith belief the use is not authorized.
• A statement that the information is accurate and that you are authorized to act for the rights holder.
• Your physical or electronic signature.

We may remove or restrict material while reviewing a complaint and may request additional information.

Section 13

Third-Party Services and Links

The website may link to or integrate services operated by Stripe, Spotify, Apple Music, YouTube, Google, Meta, Brevo, WordPress providers, printers, publishers, distributors, shipping companies, social networks, or other third parties.

We don’t control every third-party website, service, security practice, availability decision, content rule, subscription requirement, or privacy practice.

A link or integration does not automatically mean we endorse every statement, product, policy, or activity of the third party.

Section 14

Disclaimers and Limits of Liability

Website Provided as Available

To the fullest extent permitted by law, the website and general website content are provided “as is” and “as available.” We don’t guarantee uninterrupted operation, permanent availability, error-free content, or complete compatibility with every device or browser.

Creative and AI-Assisted Output

AI-assisted production can create unexpected wording, pronunciation, instrumentation, artifacts, variations, or other imperfections. We use creative judgment and revision processes, but we don’t promise that generated output will be flawless.

No Professional Advice

Songs, books, articles, Journal entries, opinions, and website content are creative or informational materials. They are not medical, psychological, legal, tax, financial, or other licensed professional advice.

Limitation of Liability

To the fullest extent permitted by law, Smilefire and its owners, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost data, reputational harm, or business interruption arising from the website or services.

To the fullest extent permitted by law, our total liability for a claim relating to a purchase will not exceed the amount you paid us for the specific product or service giving rise to the claim.

If you have not made a purchase related to the claim, our maximum aggregate liability will not exceed $100.

Some jurisdictions don’t allow certain exclusions or limitations. In those jurisdictions, the limitation applies only to the maximum extent legally permitted.

Indemnification

You agree to defend, indemnify, and hold harmless Smilefire and its owners, employees, contractors, and affiliates from third-party claims, damages, liabilities, and reasonable costs arising from your unlawful conduct, your submitted materials, your violation of another person’s rights, or your material breach of these Terms.

Events Outside Our Control

We are not responsible for delay or failure caused by events outside our reasonable control, including internet outages, platform failures, hosting problems, illness, natural disasters, labor disputes, carrier delays, government action, payment-system failures, cyberattacks, or third-party production outages.

Section 15

Disputes and Governing Law

Contact Us First

Before filing a legal claim, please send a written description of the problem, the order number, the requested resolution, and supporting information to hello@eafmagazines.com.

The parties agree to make a good-faith effort to resolve the dispute informally for at least 30 days after receiving the notice.

Colorado Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles, except where federal law or another jurisdiction’s nonwaivable consumer law applies.

Courts and Venue

Unless applicable law requires otherwise, legal proceedings relating to these Terms or the services must be brought in a state or federal court located in El Paso County, Colorado, and each party consents to that jurisdiction and venue.

Either party may pursue an eligible claim in small-claims court.

Severability

If part of these Terms is found unenforceable, that part will be limited or removed only to the extent necessary, and the remaining provisions will continue in effect.

No Waiver

A delay or failure to enforce a provision does not waive the right to enforce it later.

Privacy 02

Information We Collect

Information From Third Parties

We may receive information from payment processors, mailing-list providers, analytics providers, social networks, retailers, shipping providers, referral sources, publishers, and other services you use to interact with us.

Privacy 03

How We Use Information

We may use personal information to:

• Process purchases and payments.
• Connect a completed Stripe payment with a story form.
• Review, write, produce, revise, and deliver custom songs.
• Deliver books, downloads, music, and other products.
• Respond to questions and provide customer support.
• Send receipts, confirmations, delivery notices, and other transactional communication.
• Send marketing where authorized and manage unsubscribe requests.
• Maintain, secure, troubleshoot, analyze, and improve the website.
• Detect fraud, abuse, unauthorized access, security threats, and violations of these Terms.
• Maintain accounting, tax, legal, and business records.
• Exercise or defend legal rights and resolve disputes.
• Comply with legal, regulatory, court, and law-enforcement obligations.

Legal Bases for International Users

Where a legal basis is required, we may process information because it is necessary to perform a contract, because you consented, because we have a legitimate business interest that is not overridden by your rights, or because processing is required by law.

You may withdraw consent where consent is the applicable basis. Withdrawal does not make earlier lawful processing unlawful and may prevent us from continuing a requested service.

Automated Decisions

We don’t intend to make decisions based solely on automated processing that produce legal or similarly significant effects concerning customers.

Privacy 04

How Information May Be Shared

Service Providers

We may share information with providers that help operate the business, including:

• Stripe and other payment processors.
• Website hosting, WordPress, security, backup, and maintenance providers.
• Email and mailing-list providers, such as Brevo.
• Cloud storage, file-transfer, collaboration, and communication providers.
• AI-assisted music, audio-production, transcription, and creative technology providers.
• Printers, publishers, book distributors, fulfillment companies, and shipping carriers.
• Analytics, advertising, and website-performance providers.
• Accountants, attorneys, insurers, consultants, and other professional advisors.

Legal and Safety Reasons

We may disclose information when we reasonably believe it is necessary to comply with law, respond to legal process, investigate fraud, enforce an agreement, protect rights, prevent harm, or address a security issue.

Business Changes

Information may be reviewed or transferred in connection with a merger, acquisition, financing, restructuring, sale of assets, change of control, bankruptcy, or similar business transaction, subject to applicable law.

With Your Direction or Permission

We may share information when you ask us to, when it is necessary to deliver something to a recipient you identify, or when you separately authorize public use.

Privacy 05

Cookies, Analytics, and Advertising

What Cookies Do

Cookies and similar technologies can remember preferences, keep forms and checkout functions working, measure traffic, prevent fraud, understand how visitors use the site, and support advertising or social-media features.

Types of Cookies

• Necessary cookies: Used for security, payments, forms, navigation, and essential operation.
• Preference cookies: Remember settings and choices.
• Analytics cookies: Help us understand visits, performance, and usage.
• Advertising cookies: May help measure campaigns or deliver more relevant advertising.

Your Choices

You can control many cookies through browser settings. Blocking necessary cookies may prevent forms, payments, embedded media, or other website features from working.

Where the website provides a cookie-consent or preference tool, you can use it to change nonessential-cookie choices.

Global Privacy Control

Where legally required and technically supported, we will treat a recognized Global Privacy Control signal as a request to opt out of applicable sale or targeted-advertising processing for that browser or device.

Do Not Track

Because there is no universally accepted response standard for browser “Do Not Track” signals, the website may not respond to every such signal.

Privacy 06

Data Retention and Security

How Long Information Is Kept

We retain information for as long as reasonably necessary for the purpose it was collected, including order fulfillment, production, customer support, tax records, accounting, fraud prevention, legal compliance, and dispute resolution.

Typical retention considerations include:

• Financial and transaction records may be retained for approximately seven years or longer where legally needed.
• Mailing-list information may be retained until you unsubscribe, with limited suppression information kept afterward.
• Customer-service and dispute records may be retained while an issue remains relevant.
• Custom-song stories and production materials may be kept while the project is active and for a reasonable period afterward for support, revisions, documentation, and legal protection.

We aim to delete or de-identify custom-song story submissions within approximately 24 months after final delivery when they are no longer reasonably needed, unless you request continued storage, a dispute remains open, or legal, accounting, contractual, or security reasons require longer retention.

Security

We use reasonable administrative, technical, and organizational safeguards appropriate to the type of information and size of the business.

No website, email system, payment platform, cloud provider, AI service, or transmission method can be guaranteed completely secure. You submit information with that understanding.

Protecting Your Information

Don’t email passwords, complete payment-card numbers, Social Security numbers, or unnecessary highly sensitive documents. Use trusted file-transfer links when requested.

Privacy 07

Your Privacy Rights

Requests Available to Everyone

You may contact us to request:

• Access to personal information associated with you.
• Correction of inaccurate information.
• Deletion of information that is no longer required.
• A copy of information you provided.
• Withdrawal from marketing communication.
• Information about how your data has been used or shared.

Some requests may be limited by identity verification, legal obligations, fraud prevention, freedom of expression, intellectual-property rights, active transactions, accounting rules, disputes, or other lawful exceptions.

Colorado Residents

Where the Colorado Privacy Act applies, Colorado residents may have rights to access, correct, delete, and obtain portable copies of personal data and to opt out of certain sales, targeted advertising, or qualifying profiling.

If we deny a covered Colorado privacy request, you may appeal by replying to the decision and clearly stating “Colorado Privacy Appeal.”

California Residents

Where California privacy law applies, California residents may have rights to know, access, correct, delete, and receive information about categories of personal information collected, used, disclosed, sold, or shared.

California residents may also have the right to opt out of qualifying sale or sharing and to exercise privacy rights without unlawful discrimination.

We don’t knowingly sell personal information for money. Some analytics or advertising technologies may be treated as “sharing” under certain privacy laws, depending on how they are configured and used.

European and United Kingdom Users

Where the GDPR or similar law applies, you may have rights to be informed, access, correct, erase, restrict, object, receive portable data, withdraw consent, and complain to an appropriate data-protection authority.

Making a Request

Email hello@eafmagazines.com with the subject “Privacy Request.”

Include your name, email address, the nature of the request, and enough information for us to locate relevant records. We may request reasonable verification before responding.

You may use an authorized agent where applicable, but we may require proof of the agent’s authority and verification of your identity.

Privacy 08

Children and International Users

Children Under 13

The website and services are not directed to children under 13, and we don’t knowingly collect personal information directly from children under 13 without legally required parental authorization.

If you believe a child under 13 submitted personal information, contact us so we can investigate and take appropriate action.

Information About Children in Custom Songs

A parent, guardian, or adult customer may submit limited information about a child when reasonably necessary for a family song, gift, tribute, or similar project.

Don’t submit unnecessary sensitive information, school schedules, exact locations, government identifiers, financial information, medical records, or other information that could create a safety risk.

International Processing

Smilefire is operated from the United States. Information may be processed in the United States or other countries where our service providers operate.

Those countries may have privacy laws different from the laws where you live. Where required, we use legally recognized safeguards or rely on another lawful basis for international transfers.