Terms of Service

These Terms of Service ("Terms") govern access to and use of the website, applications, and services that generate personalized Santa videos using artificial intelligence (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. 1) About These Terms mail-santa.com ("we," "us," or "our") provides the Services described here. A separate Privacy Policy explains how we process personal data. A Cookie Policy explains cookie usage. 2) Eligibility, Accounts, and Parents/Guardians The Services are purchased and administered by adults. Only a parent or legal guardian may submit a child's personal data (e.g., name, photo, voice) and must have authority to do so. You are responsible for maintaining account security and for all activity under your account. 3) Definitions User Inputs: names, text prompts, photos, audio, video, and other materials you provide to produce outputs. Videos: AI-generated outputs delivered to you. Site Materials: the website/app, text, graphics, UI, software, models, prompts, and other proprietary assets (excluding Videos and User Inputs). 4) License to Site Materials We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site Materials solely to use the Services. No title is transferred. 5) User Inputs: Rights, Permissions, and Safety You represent and warrant that you have all necessary rights and permissions for User Inputs, including consent for any identifiable individual (especially minors). You grant us a worldwide, non-exclusive, royalty-free license to host, process, adapt, and create derivative works from User Inputs solely to provide, operate, protect, and improve the Services; to comply with law; and to prevent fraud/abuse. Prohibited Inputs/requests include: illegal content; harassment; doxxing; deepfakes of real people without permission; sexual content; exploitation or endangerment of minors; hateful or discriminatory content; extremist or terrorist content; political campaigning or propaganda; or any content that infringes third-party rights. 6) AI Disclosures and Likeness Videos are AI-generated and may contain artifacts or inaccuracies; they are provided for entertainment. "Santa" is a fictional character. Do not use the Services to impersonate real individuals without clear, lawful permission. Synthetic voice or likeness features may be used where necessary to render the Video. 7) Ownership and License to Videos We and our licensors retain all right, title, and interest in and to the Site Materials, models, software, prompts, templates, and all related intellectual property. Videos are licensed, not sold. Upon full payment, you receive a perpetual, worldwide, non-transferable license to use the Video for personal, non-commercial purposes, including sharing with family and on personal social media. Commercial use, paid advertising, or sublicensing requires our prior written permission. 8) Delivery, Service Levels, and Remedies Target delivery is within 12 hours after order confirmation; actual times may vary, including during peak periods or due to moderation/safety checks. If a Video is not delivered within 48 hours after order confirmation, you may request either (i) a refund or (ii) a no-charge re-render. "Delivered" means the Video is made available via download link, email, or in-app access. 9) Payments, Taxes, and Refunds Payments are processed by Stripe and are subject to Stripe's terms. Local taxes, currency conversion, or bank/FX fees may apply. Refunds: Before production begins: full refund on request. After production begins and after delivery: sales are generally final except where the Video materially fails to match the order description or mandatory consumer rights require otherwise. Approved refunds are returned to the original payment method within a reasonable time after approval. Chargebacks and payment disputes may result in account suspension pending resolution. Local Consumer Rights (Global) Nothing in these Terms limits non-waivable consumer rights under applicable law (e.g., cooling-off or remedies for defective digital content) where such rights apply. Where law requires explicit consent to immediate performance and acknowledgment that withdrawal rights may be lost once performance begins, checkout will capture that consent. 10) Acceptable Use and Moderation We may refuse, edit, blur, or remove content; limit features; or suspend access to protect users and comply with law. Repeated or severe violations may result in termination. 11) IP Complaints (DMCA/Global Takedown) Rights holders may send notices to support@mail-santa.com including: (i) identification of the protected work; (ii) identification and location of the allegedly infringing material; (iii) contact details; (iv) a good-faith statement; and (v) a statement of accuracy and authority under penalty of perjury. Where applicable, a counter-notice process is available. 12) Third-Party Services and Links Third-party services (payments, analytics, hosting, CDN) are governed by their own terms and privacy policies. Responsibilities for such services are limited as required by applicable law. 13) Open-Source and Third-Party Components Some components may be under separate open-source licenses. If there is a conflict, the open-source license controls for that component. 14) Feedback Suggestions or feedback may be used without restriction or compensation and without any obligation to keep such feedback confidential. 15) Beta or Preview Features Beta features may be offered "as is," may change or be discontinued, and may be subject to additional terms. 16) Export Controls and Sanctions Use of the Services must comply with applicable export control and sanctions laws (including those of the US, UK, EU, and UN). The Services may not be used in embargoed or prohibited jurisdictions or by prohibited parties. 17) Safety, Security, and Accessibility Reasonable technical and organizational measures are implemented to protect the Services; however, no service is completely secure. Keep backups of important materials. Accessibility efforts are ongoing. 18) Disclaimers To the maximum extent permitted by law, the Services and Site Materials are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise (including merchantability, fitness for a particular purpose, and non-infringement). Entertainment content may contain artifacts or inaccuracies and is not professional advice. This clause does not limit warranties that cannot be excluded under applicable law. 19) Limitations of Liability To the maximum extent permitted by law: We will not be liable for indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or goodwill). Our aggregate liability for all claims arising out of or relating to the Services is limited to the amount you paid for the order giving rise to the claim. These limits do not apply to liability that cannot be limited by law (e.g., death or personal injury caused by negligence, fraud, or willful misconduct) or to your non-waivable statutory rights. 20) Indemnity (where permitted by law) Where permitted, you agree to indemnify and hold us harmless from third-party claims resulting from your User Inputs or misuse of the Services in violation of these Terms or applicable law. 21) Suspension, Termination, and Preservation We may suspend or terminate access for cause (e.g., fraud, legal risk, rights infringement, repeated policy violations). Upon termination, Sections that by their nature should survive (e.g., ownership, licenses, disclaimers, limitations of liability, dispute resolution) will survive. Limited records may be retained as required by law or for legitimate business purposes. 22) Changes to the Services Features may change over time. Material changes that negatively affect paid orders will be handled fairly (e.g., honoring existing orders or issuing refunds where appropriate). 23) Changes to these Terms We may update these Terms from time to time. Material changes will be notified in advance on the Site or by email where feasible. For one-off purchases, the version in force at purchase governs that order unless changes are required by law. 24) Governing Law and Dispute Resolution Governing Law. These Terms are governed by the laws of Romania, without regard to conflict-of-laws rules. Jurisdiction. The courts of Bucharest, Romania shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Services. Injunctive Relief. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information. 25) Force Majeure No party is liable for failure or delay caused by events beyond reasonable control, including acts of God, labor disputes, internet failures, cyberattacks, or governmental actions. 26) Miscellaneous Entire Agreement: These Terms and incorporated policies are the entire agreement. Severability: If a provision is invalid, the remainder remains effective. No Waiver: Failure to enforce a provision isn't a waiver. Assignment: We may assign these Terms; you may not assign without our consent. Notices: We may provide notices via email, in-product messages, or posting on the Site. Language: The controlling language is English. Translations are for convenience only.