Santa.Talk Terms and Conditions

1. Who these terms are for

Santa.Talk is designed for children, but these terms are an agreement with the parent or legal guardian who installs and manages the app.

• You must be 18 or over (or the age of majority where you live) to accept these terms, make purchases and manage the app.
• You are responsible for your child's use of the app and for supervising it.
• By setting up the app you confirm that you are the child's parent or legal guardian and that you agree to our Privacy Policy and Children's Privacy (COPPA) Statement.

2. What Santa.Talk is

Santa.Talk lets children talk to AI characters of Santa Claus and his friends by audio call, video call (a one-way animated avatar) and messaging, and lets parents create a Santa Delivery Photo from a photo of their tree.

Santa and his friends are artificial intelligence. They are fictional characters, not real people. Replies are generated automatically and may occasionally be inaccurate, unexpected or not suitable for every child, even though we use safety guardrails. Santa.Talk is for entertainment only. It does not give medical, psychological, safety, legal or any other professional advice, and it is not a substitute for adult supervision. In an emergency, contact your local emergency services.

3. Setting up and parental controls

• A parent or guardian must set up the app, choose the privacy and retention settings and decide whether to allow microphone use and purchases.
• Purchases are protected by a PIN or maths question and can be switched off in parental settings. Please do not share the PIN with your child.
• You are responsible for keeping your device and any PIN secure, and for all purchases made on your device or store account.

4. SantaTokens

5. Santa Delivery Photo

• You must only upload photos that you own or have the right to use, and that are suitable for the feature.
• Please do not upload photos showing people (especially children), faces, house numbers, addresses or other identifying details. Photos of a Christmas tree and room are what the feature is designed for.
• You give us a limited licence to store, process and send your photo to our AI image provider, Google Gemini, solely to create your Santa Delivery Photo and keep a backup for you.
• You can delete your photos and the backups at any time in the app. The generated image is for your private, personal and non-commercial use.
• Because the images are created by AI, results may vary and may not look exactly as you expect. Token costs are charged per attempt. [AMEND: say what happens if a generation fails.]

6. Acceptable use

You agree that you and your child will not:

1. use the app to harm, harass or deceive anyone, or for any unlawful purpose;
2. try to bypass the parental gate, safety guardrails, usage limits or token system;
3. copy, reverse engineer, scrape, interfere with or attack the app or our servers;
4. use automated tools or bots to access the service;
5. use the app or its outputs for commercial purposes, or resell or publicly distribute Santa's voice, avatar or conversations as your own product;
6. record or share conversations in a way that infringes anyone's rights or privacy.

We may suspend or close access if these rules are broken.

7. Privacy and children's data

How we collect and use information is explained in our Privacy Policy and COPPA Statement. Parents choose how long conversations are kept by our service providers (deleted immediately, after 24 hours or after 7 days). Conversations are stored on your device until you or the automatic setting deletes them.

8. Intellectual property

The app, Santa's characters, voices, avatars, artwork, software and text are owned by us or our licensors and are protected by intellectual property law. We give you a personal, non-exclusive, non-transferable, revocable licence to use the app on your own devices for your family's private use, subject to these terms. All other rights are reserved. Santa Claus and related traditional characters are fictional, and Santa.Talk is not affiliated with, endorsed by or sponsored by any other brand or company.

9. Third-party services

The app relies on third-party services, including Apple, Google, RevenueCat, Cloudflare and AI providers for voice, avatars and images. We are not responsible for their services, and their own terms may apply. The service may be interrupted if a provider is unavailable.

10. Availability and changes to the app

We aim to keep Santa.Talk available but do not promise it will be uninterrupted or error-free. We may update, add, remove or change features. If we decide to permanently close the service, we will give at least 90 days' notice in the app and [offer a refund for unused tokens / allow tokens to be used until closure: CHOOSE].

11. Ending your use

You can stop using the app at any time by deleting it, and you can delete your data in the app. We may suspend or end your access if you seriously or repeatedly break these terms, and we will explain why where we can. Unused tokens in an account closed for a serious breach may be lost, but this does not affect your legal rights.

12. Our responsibility to you

We provide the service with reasonable care and skill. We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot legally be excluded, and nothing in these terms affects your statutory consumer rights.

Subject to that, and to the extent the law permits:

• the app and its AI-generated content are provided "as is" and "as available", and we do not promise that AI replies or images will be accurate, complete or suitable for any particular purpose;
• we are not responsible for losses we could not reasonably have predicted, for business or commercial losses, or for problems caused by your device, network, store account or third-party services;
• our total liability to you for any claim related to the app is limited to the amount you paid us in the 12 months before the claim. [CONFIRM with your solicitor.]

13. Apple and Google

These terms are between you and us, not Apple or Google. Apple and Google have no obligation to provide support or maintenance for the app. If you downloaded the app from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. In the event of a claim relating to the app, you should contact us first. Your use of the app must also comply with the applicable store terms. [Your solicitor should check these against Apple's current minimum EULA terms and Google Play's developer terms.]

14. Changes to these terms

We may update these terms from time to time. We will tell you about material changes in the app before they take effect. If you continue to use the app after the effective date, you accept the updated terms. If you do not agree, you can stop using the app and delete your data.

15. Governing law and disputes

These terms are governed by the laws of England and Wales. If you are a consumer, you also keep the protection of the mandatory consumer laws where you live, and you may bring a claim in the courts of England and Wales or, where applicable, your home country. We would like to resolve any problem informally first, so please contact us at [email protected]. [ADD any online dispute resolution or ADR body details required in your target markets.]

16. General

If any part of these terms is found unenforceable, the rest continues to apply. If we do not enforce a right straight away, we can still do so later. You may not transfer your rights under these terms without our written consent. These terms, together with our Privacy Policy and COPPA Statement, are the whole agreement between us about the app.

17. Contact us