Terms of Service for BecomeSanta.com

Last updated: 10/11/2024

1. Acceptance of Terms

By accessing or using the BecomeSanta.com website (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.

2. Description of Service

BecomeSanta.com ("we", "us", or "our") provides an AI-powered image generation service that transforms user-uploaded images into Santa Claus-themed portraits ("Santa Images").

3. User Accounts

  1. You may be required to create an account to use certain features of the Service.
  2. You are responsible for maintaining the confidentiality of your account and password.
  3. You agree to accept responsibility for all activities that occur under your account.

4. User Content

  1. You retain all rights to any images you upload to the Service ("User Content").
  2. By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and distribute the User Content solely for the purpose of providing the Service.
  3. You represent and warrant that you have the right to upload and use any User Content you submit to the Service.

5. Prohibited Uses

You agree not to use the Service:

  1. In any way that violates any applicable federal, state, local, or international law or regulation.
  2. To upload any content that infringes on intellectual property rights or violates privacy rights of any third party.
  3. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  4. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service.

6. Fees and Payment

  1. The fee for generating a Santa Image is $25 per image.
  2. All fees are non-refundable unless otherwise stated.
  3. We reserve the right to change our fees at any time upon notice.

7. Intellectual Property

  1. The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of BecomeSanta.com and its licensors.
  2. The Santa Images generated by our Service are provided to you under a limited, non-exclusive license for personal, non-commercial use only.

8. Disclaimer of Warranties

  1. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied.
  2. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

9. Limitation of Liability

In no event shall BecomeSanta.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

10. Indemnification

You agree to defend, indemnify, and hold harmless BecomeSanta.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes to these Terms.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of Michigan, without regard to its conflict of law provisions.

13. Contact Us

If you have any questions about these Terms, please contact us at reis@stablesoftware.com.