1. Who can use Hey Santa

Hey Santa is made for parents and legal guardians. To create an account you must be at least 18 years old, or the age of majority where you live, and be the parent or guardian of any child whose profile you add.

Children may take part only in calls with Santa and in watching videos, set up and supervised by their parent or guardian. Children must not create accounts or make purchases themselves.

2. Your account

You sign up with your name, email address and a password, and confirm your email with a code we send you. Please give accurate details, keep your password to yourself, and tell us through the Support page if you think someone else has used your account. You are responsible for what happens in your account.

You can log out at any time, and delete your account in the app under Settings, Delete account.

3. Calls with Santa

A call with Santa is a live voice conversation with a character. Santa's voice and replies are generated by artificial intelligence (AI). He is not a real person, and no person listens to the call as it happens.

• Santa uses the details you give in your child's profile, such as their nickname, age and interests, to make the call personal. Please add only what you are happy for Santa to mention, and nothing sensitive.
• AI can make mistakes. Santa may misunderstand, say something unexpected or get a detail wrong. Hey Santa is for entertainment only: it is not advice of any kind and must never be relied on in an emergency.
• Please stay with your child during the call. Santa is told to keep every conversation kind and suitable for children, and a call may be ended if it is not.
• A call lasts up to 5 minutes. Santa starts saying goodbye at about 4 minutes, and the call ends shortly after.
• A call needs an internet connection and access to the microphone. Its quality depends on your connection and device.

4. Purchases

Purchases are made through Apple's App Store and charged to your Apple ID. Apple's terms apply to every payment, and the price is the one the App Store shows before you buy.

• A call with Santa is bought one call at a time. One purchase gives one call of up to 5 minutes. It is used when Santa picks up; if a call cannot connect, the purchase stays for the next try. An unused call does not expire. If a call ends before its time is up, you can continue it with "Call Santa again" within 30 minutes of its end without paying again; after that, the remaining time is gone.
• North Pole Stories videos marked as paid are bought once and can then be watched in the app at any time, on any device signed in with the same Apple ID. Use Restore purchases on the Videos page to get them back on a new device. A purchase gives you a personal, non-transferable right to watch the video in the app; it does not let you copy, download or share it.
• Refunds are handled by Apple, under Apple's rules: request one at reportaproblem.apple.com. When Apple refunds a purchase, what it bought may no longer be available in the app.

5. Using the Service fairly

Please do not:

• use the Service in a way that breaks the law or harms anyone, including children;
• try to make Santa say harmful, hateful, sexual or frightening things;
• record, copy, sell or publish calls or videos from the Service, except for your family's own private memories;
• copy, change, take apart or try to get around the protections of the app, the website or our servers;
• overload, disrupt or try to get unauthorised access to the Service, or use bots or automated tools with it;
• add information about a child you are not the parent or guardian of.

We may suspend or close an account that breaks these rules, and end a call that does.

6. Our content

The Hey Santa app, the website, Santa as he appears in them, the videos, pictures, music, texts and software, and the way the Service works, belong to the HeySanta team or our licensors and are protected by law, including copyright, trademark and trade secret law. We give you a personal, limited, non-exclusive, non-transferable and revocable right to use the app on Apple devices you own or control, for your family's private, non-commercial use, under these Terms and the App Store's rules.

7. Changes to the Service

We keep improving Hey Santa, so features, videos and prices may change, and some may be added or removed. We try to keep the Service available, but it may sometimes be interrupted, for example for maintenance or by problems outside our control.

8. Ending your use

You can stop using Hey Santa at any time and delete your account in the app. We may suspend or end your access if you break these Terms, if we must by law, or if we stop offering the Service. If we stop offering the Service, we will tell you in advance where we reasonably can.

9. Disclaimers and liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT ALLOWED BY LAW. We do not promise that the Service will always be available or free of errors, or that every call will go as expected.

TO THE FULLEST EXTENT ALLOWED BY LAW, THE HEYSANTA TEAM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ABOUT THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AND US $50. Some states do not allow some of these limits, so they may not all apply to you; nothing in these Terms limits rights you have that cannot be limited by law.

You agree to indemnify the HeySanta team against claims arising from your breach of these Terms or misuse of the Service, to the extent allowed by law.

10. Apple

These Terms are between you and the HeySanta team, not Apple. Apple is not responsible for the app or its content, has no obligation to provide maintenance or support for it, and is not responsible for any claims about it, including product liability, legal or regulatory claims, or claims that it infringes someone's rights. If the app fails to meet any warranty that applies, you may tell Apple and Apple may refund its purchase price; Apple has no other warranty obligation for the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm that you are not in a country under a U.S. Government embargo and are not on a U.S. Government list of prohibited or restricted parties.

11. Governing law and disputes

Hey Santa is a United States service. These Terms, and any dispute about them or the Service, are governed by the laws of the United States of America and of the state in which the HeySanta team is established, without regard to conflict-of-law rules. Any such dispute will be heard by the state or federal courts located in that state, unless the law where you live gives you the right to bring it elsewhere. Before bringing a claim, please contact us through the Support page so we can try to resolve it informally.

12. Changes to these Terms

We may update these Terms from time to time. When we make an important change, the app will ask you to read and accept the new version before you go on using it. The date at the top of this page shows when they last changed.

13. Contact

Questions about these Terms? Write to the HeySanta team through the form on our Support page.