SantaCall Terms and Conditions of Use
Last Updated: December 2024
1. Introduction and Acceptance
Welcome to SantaCall, a personalised Santa call and voicemail service operated by SantaHQ Limited trading as SantaCall (“we”, “us”, “our”). By accessing or using the SantaCall service (“Service”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use the Service.
These Terms constitute a legally binding agreement between you and SantaHQ Limited. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Service following any changes constitutes acceptance of the revised Terms.
2. Service Description
SantaCall provides personalised voice messages from “Santa Claus” delivered to parents and guardians for the purpose of entertaining children. The Service allows users to create customised audio messages by providing personal details such as children’s names, achievements, and other information.
3. Use of Artificial Intelligence Technology
3.1 AI-Generated Content
You acknowledge and agree that the voice messages delivered by this Service are generated using artificial intelligence (AI) technology, specifically AI voice synthesis and text-to-speech systems. The “Santa” voice is not a recording of a human actor but is created using machine learning models.
3.2 No Control Over AI Output
Important: While we take reasonable steps to ensure the quality and appropriateness of AI-generated content, we cannot guarantee or control the exact output of AI systems. AI technology may occasionally produce unexpected, inaccurate, or unsuitable results. We strongly recommend that parents and guardians preview all messages before sharing them with children. We accept no liability for any distress, offence, or harm caused by AI-generated content that does not meet your expectations.
3.3 Third-Party AI Services
We utilise third-party AI services including but not limited to ElevenLabs for voice generation. These services are subject to their own terms and conditions, and their performance is outside our direct control.
4. Data Processing and International Transfers
4.1 Data Processing Location
Important Notice: Your data, including personal information you provide about yourself and your children, may be processed and stored on servers located outside the United Kingdom and European Union. This includes but is not limited to servers in the United States and other jurisdictions where our cloud service providers (including Amazon Web Services, Twilio, and ElevenLabs) operate.
4.2 Your Responsibility for Data
You are solely responsible for the accuracy, legality, and appropriateness of any personal data you submit to the Service. By using the Service, you confirm that you have the legal authority to provide any personal information submitted, including information about children, and that you consent to this information being processed by AI systems and stored internationally.
4.3 Data Retention
We retain user data and generated audio files in accordance with our Privacy Policy. You may request deletion of your data by contacting us, subject to any legal retention requirements.
5. Acceptable Use Policy
5.1 Permitted Use
The Service is intended solely for creating family-friendly, festive entertainment for children. You agree to use the Service only for its intended purpose and in compliance with all applicable laws and regulations.
5.2 Prohibited Content and Conduct
You must not use the Service to create, submit, or generate content that:
- Contains sexually explicit, suggestive, or inappropriate material
- Promotes, depicts, or glorifies violence, self-harm, or harm to others
- Contains extremist views, hate speech, discrimination, or content promoting terrorism
- Is abusive, threatening, harassing, defamatory, or obscene
- Infringes upon intellectual property rights of any third party
- Contains false, misleading, or fraudulent information
- Violates the privacy or data protection rights of any individual
- Is designed to harass, frighten, or psychologically harm children
- Attempts to manipulate or circumvent our content moderation systems
5.3 Immediate Suspension
Violation of Acceptable Use Policy: Any use of the Service that violates this Acceptable Use Policy, including but not limited to the submission of sexual, violent, extremist, or otherwise prohibited content, will result in immediate suspension or termination of your account without prior notice. We reserve the right to report such violations to relevant authorities where appropriate. No refunds will be provided in cases of account termination due to policy violations.
6. Call Logging and Monitoring
You acknowledge and agree that all generated messages, call attempts, and associated metadata are logged and recorded for quality assurance, service improvement, security, and compliance purposes. These logs may include timestamps, phone numbers, message content, and delivery status. Logged data may be retained for a period determined by our operational and legal requirements.
7. Credits, Payments, and Refunds
7.1 Credit System
The Service operates on a credit-based system. Credits are purchased in advance and are consumed when messages are generated or delivered. Credit prices and packages are displayed on our website and may be changed at any time.
7.2 No General Refunds
Due to the digital nature of the Service and the immediate consumption of resources upon message generation, credits are generally non-refundable once purchased. Unused credits do not expire unless otherwise stated.
7.3 System Error Refunds
Where a technical error or system failure on our part prevents the successful delivery or generation of a message for which credits have been deducted, we will provide a credit refund to your account. To request a system error refund, please contact our support team with details of the failed message within 14 days of the incident. We will investigate and, where a system error is confirmed, restore the appropriate credits to your account.
7.4 Statutory Rights
Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection legislation.
8. Service Availability and Limitations
8.1 No Guarantee of Availability
While we endeavour to maintain continuous availability of the Service, we do not guarantee uninterrupted or error-free operation. The Service may be subject to temporary unavailability due to maintenance, updates, technical issues, or circumstances beyond our control.
8.2 Third-Party Service Dependencies
The Service relies on third-party services and platforms including but not limited to Amazon Web Services (AWS), Twilio (for SMS and voice delivery), ElevenLabs (for AI voice generation), and payment processors. We have no control over the availability, performance, or reliability of these third-party services. Outages, delays, or failures in third-party services may impact the functionality of SantaCall, and we accept no liability for such disruptions.
8.3 Scheduled Maintenance
We may perform scheduled maintenance that temporarily affects Service availability. Where possible, we will provide advance notice of planned maintenance periods, but reserve the right to perform emergency maintenance without notice.
9. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control (“Force Majeure Event”). Force Majeure Events include but are not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, government actions or restrictions, power failures, internet or telecommunications failures, cyber attacks, failures of third-party service providers, strikes or industrial action, and any other event beyond our reasonable control.
In the event of a Force Majeure Event, our obligations under these Terms shall be suspended for the duration of such event. We will use reasonable endeavours to mitigate the effects of any Force Majeure Event and resume normal service as soon as reasonably practicable.
10. Intellectual Property
All intellectual property rights in the Service, including but not limited to software, designs, logos, trademarks, and content (excluding user-submitted content), are owned by or licensed to SantaHQ Limited. You are granted a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose only.
You retain ownership of any personal data and content you submit to the Service. By submitting content, you grant us a non-exclusive, worldwide, royalty-free licence to use, process, and store such content for the purpose of providing the Service.
11. Limitation of Liability
11.1 Exclusion of Liability
To the fullest extent permitted by law, we exclude all liability for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Service, including but not limited to loss of profits, data, goodwill, or other intangible losses.
11.2 Maximum Liability
Our total liability to you for any claims arising out of or relating to these Terms or the Service shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.
11.3 No Exclusion of Certain Liabilities
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless SantaHQ Limited, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of another party.
13. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
14. Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.
15. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.
18. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or policies published on the Service, constitute the entire agreement between you and SantaHQ Limited regarding the use of the Service and supersede any prior agreements or understandings.
19. Waiver
No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of such right or remedy. A waiver of any right or remedy under these Terms must be in writing and signed by an authorised representative of SantaHQ Limited.
20. Contact Information
If you have any questions about these Terms or the Service, please contact us at:
SantaHQ Limited
Trading as: SantaCall
SantaHQ, Barn Owl Cottage, Chapel Hill, Ponsanooth, Cornwall, TR3 7ET, United Kingdom
Company Number: 8649718 VAT Number: GB 170 7697 79
Email: [email protected]
Website: www.santacall.co.uk
21. Acknowledgement
By using the SantaCall Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You further acknowledge that you understand the Service uses AI technology, that your data may be processed outside the UK and EU, that all calls are logged, and that violations of our Acceptable Use Policy will result in immediate account suspension without refund.