Effective date: October 5, 2025
Welcome to SantaLetterMagic (“SantaLetterMagic,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our mobile applications, backend services, websites, and any content or features provided through them (collectively, the “Services”). By creating an account, downloading our app, or using the Services in any way, you agree to these Terms. If you do not agree, do not use the Services.
1. Eligibility and Accounts
- You must be at least 18 years old or the age of majority in your jurisdiction to create an account. Parents or legal guardians may create accounts on behalf of children.
- You agree to provide accurate, current information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
- We may refuse or cancel accounts when we have reason to believe the information provided is inaccurate, does not comply with these Terms, or creates risk to SantaLetterMagic or other users.
2. Use of the Services
- SantaLetterMagic is intended to help families upload, store, and enhance letters and media related to holiday experiences.
- You may use the Services only for lawful purposes and in accordance with these Terms. You may not:
- Interfere with or disrupt servers, networks, or security features.
- Attempt to access accounts or systems without authorization.
- Upload content that is unlawful, defamatory, obscene, hateful, or infringes upon another person’s rights.
- Reverse engineer, decompile, or otherwise attempt to derive source code except to the extent such activity is expressly permitted by applicable law.
3. User Content and License
- You retain ownership of the letters, images, audio, video, and other materials you upload (“User Content”).
- By submitting User Content, you grant SantaLetterMagic a worldwide, non-exclusive, royalty-free license to host, store, process, modify, reproduce, and display that content solely for operating, improving, and providing the Services to you and your family.
- You represent that you have all necessary rights to upload User Content and that it does not violate any third-party rights or applicable law.
- We may remove or disable User Content that violates these Terms or applicable law.
4. AI-Generated Experiences
Some features use automated processing (including AI models) to enhance letters or provide personalized responses. AI outputs may not be accurate, complete, or appropriate for every situation. You are responsible for reviewing AI-generated content before sharing it with children or others.
5. Payments and Subscriptions
- Certain features may require payment or subscription. Prices and billing terms will be presented to you before purchase.
- Payments are processed by third-party providers (such as Stripe). By submitting payment information, you authorize us and our payment partners to charge the applicable fees.
- Unless otherwise stated, all fees are non-refundable except where required by law. If you have questions about a charge, contact
[email protected]within 14 days of the transaction.
6. Privacy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect and use information. By using the Services, you agree that we can process your information in accordance with the Privacy Policy.
7. Third-Party Services
The Services integrate with third-party platforms, including Google, Apple, Facebook, AWS, and Stripe. When you connect your account or use these integrations, you also agree to the terms provided by those platforms. We are not responsible for third-party services and do not control their practices.
8. Intellectual Property
The Services, including software, graphics, logos, and content (excluding User Content), are owned by or licensed to SantaLetterMagic and are protected by intellectual property laws. You may not use our trademarks or branding without our prior written permission.
9. Termination
We may suspend or terminate your access to the Services at any time if you breach these Terms, create risk for other users, or engage in fraudulent or unlawful behavior. You may stop using the Services and request account deletion at any time by following our User Data Deletion Instructions.
Upon termination, the rights and licenses granted to you in these Terms will end, but sections that by their nature should survive (such as ownership, disclaimers, indemnity, and limitation of liability) will remain in effect.
10. Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, secure, or error-free.
11. Limitation of Liability
To the maximum extent permitted by law, SantaLetterMagic, its affiliates, and their respective officers, directors, employees, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data or goodwill, resulting from (a) your use of or inability to use the Services; (b) any conduct or content of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content. Our total liability for any claim arising from the Services will not exceed the greater of one hundred U.S. dollars ($100) or the amount you paid to SantaLetterMagic in the 12 months preceding the incident.
12. Indemnification
You agree to defend, indemnify, and hold harmless SantaLetterMagic and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Services, your User Content, or your violation of these Terms or applicable law.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law principles. Any dispute that cannot be resolved informally will be submitted to the state or federal courts located in San Francisco County, California, and you consent to their jurisdiction and venue. Nothing prevents either party from seeking injunctive or equitable relief for urgent matters in any competent court.
14. Changes to the Services or Terms
We may modify the Services or these Terms at any time. If changes are material, we will provide notice through the app, email, or our website. The updated Terms will be effective when posted, and your continued use of the Services after the effective date constitutes acceptance of the new Terms.
15. Contact Us
Questions about these Terms? Reach out at [email protected].