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Terms of Use

Last updated: December 3, 2025

1. Acceptance of Terms

By accessing and using the Santa Was Here website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Santa Was Here provides personalized Christmas photo and video creation services. We create custom digital content featuring Santa Claus in various scenes using photos you provide. Our services include:

  • Personalized Christmas photos with Santa
  • Custom video content (where applicable)
  • Digital letters and voice messages from Santa (Premium package)
  • High-resolution downloadable content

3. User Responsibilities

3.1 Account Information

You are responsible for:

  • Providing accurate and complete information
  • Maintaining the security of your account
  • All activities that occur under your account

3.2 Content You Provide

By uploading photos and providing information, you represent and warrant that:

  • You own or have the right to use all content you provide
  • You have obtained necessary permissions from all individuals featured in photos
  • Your content does not violate any laws or third-party rights
  • You grant us a license to use your content to create and deliver the requested services

4. Payment Terms

  • All prices are in USD and are subject to change without notice
  • Payment is required before services are rendered
  • We use Stripe for secure payment processing
  • Refunds are handled on a case-by-case basis as outlined in our refund policy
  • All sales are final unless otherwise stated

5. Delivery and Turnaround Time

We aim to deliver your completed content within 24 hours of order confirmation. Delivery times may vary based on:

  • Order volume and complexity
  • Quality of source photos provided
  • Customization requests

While we strive to meet delivery estimates, we do not guarantee specific delivery times and are not liable for delays.

6. Intellectual Property Rights

6.1 Your Content

You retain ownership of photos and information you provide. By using our services, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and display your content solely for the purpose of creating and delivering the requested services.

6.2 Our Content

All content created by Santa Was Here, including but not limited to digital images, videos, and designs, remains the property of Santa Was Here. Upon payment completion, you receive a license to use the final delivered content for personal, non-commercial purposes.

7. Prohibited Uses

You agree not to:

  • Use our services for any illegal or unauthorized purpose
  • Upload content that is offensive, defamatory, or violates any laws
  • Attempt to reverse engineer or copy our services
  • Resell or redistribute our created content for commercial purposes without permission
  • Use automated systems to access our website

8. Limitation of Liability

To the maximum extent permitted by law, Santa Was Here 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 of our services.

9. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, secure, or error-free, or that defects will be corrected.

10. Indemnification

You agree to indemnify and hold harmless Santa Was Here, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or relating to your use of our services, violation of these Terms, or infringement of any rights of another.

11. Modifications to Service

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of our services.

12. Changes to Terms

We reserve the right to modify these Terms of Use at any time. We will notify users of any material changes by posting the updated terms on this page and updating the "Last updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

13. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which Santa Was Here operates, without regard to its conflict of law provisions.

14. Contact Information

If you have any questions about these Terms of Use, please contact us at:

Email: support@santhawashere.co