Terms of Service
Last updated: December 15, 2024
Agreement to Terms
These Terms of Service (“Terms”) govern your use of the Call Santa Now mobile application (“App”) operated by Ilia Safronov (“we,” “us,” or “our”).
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
Description of Service
Call Santa Now is a voice-based entertainment application that allows users to have conversations with a virtual Santa Claus character powered by artificial intelligence. The App is designed for entertainment purposes and to create magical holiday experiences.
The Santa character is generated by AI technology and is not a real person. All conversations are simulated experiences.
Account Registration
To use the App, you must sign in using Sign in with Apple. You are responsible for maintaining the security of your account and for all activities that occur under your account.
You agree to provide accurate information and to keep your account information up to date. You must notify us immediately of any unauthorized use of your account.
Subscriptions and Payments
Call Santa Now is a subscription-based service. Access to the App's features requires an active subscription.
Free Trial
We may offer a free trial period for new users. The duration and availability of free trials may change at our discretion. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription.
Subscription Terms
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can manage and cancel your subscription through your Apple ID account settings.
Payments and Refunds
All payments are processed through the Apple App Store. We do not have access to your payment information. Refund requests are handled by Apple in accordance with their refund policies. To request a refund, please contact Apple Support directly.
Usage Limits
Your subscription includes access to voice conversations with Santa subject to fair use limits. We reserve the right to establish, modify, and enforce reasonable usage limits to ensure service quality for all users.
If you exceed applicable usage limits, we may temporarily restrict your access until the next billing period or contact you regarding your usage.
Acceptable Use
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the App in any way that violates applicable laws or regulations
- Attempt to probe, scan, or test the vulnerability of the App or any related system
- Attempt to interfere with or disrupt the App's operation or the servers and networks connected to it
- Attempt to circumvent, disable, or interfere with security features of the App
- Attempt to manipulate or abuse the AI system through prompt injection, jailbreaking attempts, or similar techniques
- Use the App in a manner that could damage, disable, overburden, or impair our services
- Use automated scripts, bots, or other means to access or interact with the App
- Engage in any conduct that restricts or inhibits other users from enjoying the App
- Use the App to harass, abuse, threaten, or harm others
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
Intellectual Property
Our Content
The App, including its design, features, graphics, and software, is owned by us and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our written permission.
Your Content
You retain ownership of any content you provide during your conversations with Santa. We do not claim any ownership rights to your conversation content. As described in our Privacy Policy, voice data is primarily processed in real-time and not stored.
Disclaimer of Warranties
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee the accuracy, completeness, or usefulness of any AI-generated content.
The Santa character is a fictional AI persona. Any responses generated are for entertainment purposes only and should not be relied upon for advice of any kind.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- Your use or inability to use the App
- Any unauthorized access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from the App
- Any bugs, viruses, or other harmful code that may be transmitted through the App
- Any content or conduct of any third party on the App
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE APP EXCEED THE AMOUNT YOU PAID TO US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Account Termination
We reserve the right to suspend or terminate your account and access to the App at our sole discretion, without notice, for conduct that we believe:
- Violates these Terms
- Is harmful to other users or third parties
- Constitutes fraud or abuse of the App or our systems
- Involves unauthorized use or abuse of our API or services
Upon termination, your right to use the App will immediately cease. If your account is terminated for violation of these Terms, you may not be entitled to a refund of any subscription fees.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts located in the Netherlands.
Changes to Terms
We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on this page and updating the “Last updated” date. Your continued use of the App after such changes constitutes your acceptance of the new Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
Contact Us
If you have any questions about these Terms, please contact us:
Ilia Safronov
Maerten van Heemskerckstraat 65
2021 ZH Haarlem
The Netherlands
Email: support@callsantanow.app