🎄 Terms & Conditions
Last Updated: November, 2025
Santa Magic, a product line operated by Smart Way AI ("we," "us," "our"), provides a magical Christmas-themed application and website designed for parents to create personalized Santa and elf interactions for their children. These Terms & Conditions ("Terms") apply to all use of the Santa Magic mobile apps, website, and related services ("Services").
By creating an account, accessing our Services, or purchasing credits, you agree to be bound by these Terms.
1. Eligibility
- You must be 18 years or older to create an account and use the Santa Magic Services.
- Children may interact with the Santa/Elf avatars only under direct supervision of a parent or legal guardian and only through the parent-controlled account.
2. Accounts & Family Profiles
Parents may create multiple child profiles containing only:
- First name
- Age range
- Wishlists
- "Nice deed" notes
- You are responsible for maintaining the confidentiality of your login details and all activity under your account.
- You may delete child profiles or uploaded content at any time.
3. Credits & Purchases
- Certain experiences (e.g., live calls, letters, Nice List videos) require credits.
- Credits are purchased through third-party processors such as Stripe, RevenueCat, Apple In-App Purchases, and Google Play Billing.
- We do not store or process payment card information.
- Credits are non-refundable and do not expire.
- Replacement credits may be issued for failed or incomplete experiences (see Refund Policy).
4. User Content
"User Content" includes photos, videos, letters, wishlist entries, and any other information you upload or provide.
You grant Santa Magic a limited, non-exclusive license to use your User Content solely to:
- Generate the requested experience (e.g., Santa video)
- Store it in your account
- Display it on your device
- Enable sharing features you initiate
- You maintain full ownership of your content and may delete it at any time.
You represent that:
- You have permission to upload any photos/videos that contain people.
- Your uploads will not contain harmful, illegal, or inappropriate content.
- You will not upload adult, hateful, or unsafe material.
- You will not impersonate Santa Magic staff or misuse Santa/Elf avatars.
5. AI-Generated Experiences
Some Santa interactions, replies, videos, and effects use AI technologies, including (but not limited to):
- OpenAI
- HeyGen
You understand that:
- AI-generated content may vary in quality.
- Transcripts may be stored for quality or safety purposes.
- We do not store audio or video recordings of live Santa interactions.
6. Prohibited Use
You agree not to:
- Hack, reverse engineer, or interfere with the platform
- Upload harmful or offensive content
- Use the Services for illegal or abusive purposes
- Attempt unauthorized access to Santa Magic systems
- Use Santa Magic content to mislead, harm, or impersonate others
Failure to comply may result in account suspension or termination.
7. Intellectual Property
- All Santa Magic branding, avatars, software, logos, and digital experiences are our property.
- You may share your generated Santa Magic videos freely, but may not resell or commercially distribute them.
8. Availability & Modifications
- We may update or modify the Services at any time.
- Some features may become unavailable during maintenance or upgrades.
9. Disclaimer of Warranties
Santa Magic is provided on an "as-is" and "as-available" basis.
We do not guarantee:
- Uninterrupted availability
- Error-free experiences
- Accuracy of AI-generated content
You use the Services at your own risk.
10. Limitation of Liability
To the maximum extent permitted by law:
- We are not liable for indirect, incidental, special, or consequential damages.
- Our total liability for any claim will not exceed the amount you paid for credits in the past 6 months.
11. Governing Law
These Terms are governed by the laws of Washington State, without regard to conflicts-of-law principles.
12. Contact Information
Smart Way AI — Santa Magic
1221 103rd Pl SW Unit A
Everett, WA 98204
Email: SantaSupport@SantaMagic.com