Terms of Service

These terms govern your use of https://barbatana.com and any services you commission from Barbatana Productions, a DBA of OnGuardian Apps LLC ("Barbatana", "we", "our"). By using the site or commissioning a service, you agree to these terms.

1. Inquiries are not contracts

Submitting our contact form is an inquiry only. No binding agreement is formed until both parties sign a written engagement letter or statement of work that identifies the scope, deliverables, timeline, and fees.

2. Ownership and use of work

For artist-development partnerships and commissioned celebration media, ownership terms — including who owns the master recording, the composition, and any video or imagery — are defined in the engagement letter for that specific project. Unless your agreement says otherwise, you receive personal, non-commercial use rights for celebration media (e.g. wedding songs, milestone videos), and Barbatana retains the underlying composition and master.

3. Third-party rights

You represent that any names, likenesses, photographs, lyrics, or other materials you provide are yours to share, or that you have permission to share them. You agree to indemnify Barbatana against claims arising from materials you supplied that infringe a third party's rights.

4. Payment

Fees, deposits, refunds, and revision policies are stated in each engagement letter. Final delivery is contingent on receipt of all amounts due.

5. Delivery timelines

We quote celebration-media delivery in business days (typically 3–14). Artist-development timelines are project-specific. We are not liable for delays caused by events beyond our reasonable control or by late client feedback.

6. Site content

All text, images, logos, and music on https://barbatana.com are © Barbatana Productions or used with permission. You may not reproduce, redistribute, or remix site content without written permission.

7. Disclaimer of warranties

The site and its contents are provided "as is." To the maximum extent permitted by law, Barbatana disclaims all warranties, express or implied.

8. Limitation of liability

To the maximum extent permitted by law, Barbatana's total liability for any claim arising out of or relating to the site or any commissioned service is limited to the amount you actually paid us for that service in the twelve months preceding the claim.

9. Governing law

These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The exclusive venue for any dispute is the state or federal courts located in Harris County, Texas.

10. Changes

We may update these terms from time to time. The "Last updated" date at the top reflects the most recent revision. Continued use of the site after a change constitutes acceptance.

11. Contact

Questions? Email hello@barbatana.com.