Terms of Service

1. Introduction and Acceptance

1.1. These Terms of Service ("Terms") govern your access to and use of the Santa Secret website at https://santa-secret.com and its related services (collectively, the "Service").

1.2. The Service is operated by Santa Secret LLC, a company registered in the United States ("Santa Secret," "we," "us," or "our").

1.3. By accessing the Service, creating an account, organizing a gift exchange, or participating in a game, you agree to these Terms. If you do not agree, please do not use the Service.

1.4. The Service provides both free functionality and optional paid features under the name Santa Secret Premium.

1.5. Additional terms may apply to certain features or promotional offers. If additional terms apply, they will be presented when relevant.

2. Description of the Service

2.1. Santa Secret is an online platform that helps individuals, families, friends, communities, and organizations arrange Secret Santa gift exchanges.

2.2. The Service may include:

• Creating and managing gift exchange games.
• Inviting participants through links or email.
• Configuring gift budgets, deadlines, and other game settings.
• Automatically assigning gift recipients.
• Providing participants with their private gift assignments.
• Creating and sharing gift wishlists and preferences.
• Sending game-related notifications.
• Managing participants and organizers.
• Accessing optional Premium customization and management features.

2.3. The availability of specific features may vary depending on the user's role, game settings, account status, and whether Premium access has been purchased.

2.4. We may improve, modify, or discontinue features over time, subject to our obligations regarding paid functionality.

3. Eligibility and Accounts

3.1. You must be legally capable of entering into these Terms, or have permission from a parent or legal guardian where applicable.

3.2. The Service is not intended for children under 13 to use independently.

3.3. Certain features may require an account, a verified email address, or access through a secure invitation link.

3.4. You agree to provide accurate information when reasonably necessary to operate the Service.

3.5. You are responsible for maintaining the confidentiality of account credentials and private access links.

3.6. You must notify us promptly if you suspect unauthorized access to your account.

3.7. You may not impersonate another individual, access another person's account without authorization, or use the Service for unlawful purposes.

4. Game Organizers

4.1. Users who create gift exchanges ("Organizers") are responsible for configuring and managing their games.

4.2. Organizers may establish participation rules, gift budgets, deadlines, and other event-specific arrangements.

4.3. Organizers are responsible for communicating relevant rules to participants.

4.4. When inviting participants, Organizers must have an appropriate legal basis or authorization to provide their contact information.

4.5. Certain features may allow Organizers to appoint additional Organizers or grant management permissions to other users.

4.6. Organizers are responsible for exercising reasonable care when granting access to game management functionality.

4.7. Santa Secret provides organizational software and is not the organizer or sponsor of individual gift exchanges created by users.

4.8. Santa Secret does not supervise participants or guarantee their compliance with game rules.

5. Participation and Gift Assignments

5.1. Participation in a gift exchange is voluntary.

5.2. By joining a game, participants agree to follow the applicable game rules communicated by the Organizer, to the extent those rules are lawful.

5.3. Santa Secret uses software algorithms to generate gift assignments according to the supported game settings and restrictions.

5.4. Assignments are intended to remain confidential within the permissions and functionality of the selected game configuration.

5.5. Participants ordinarily receive access to their own assigned gift recipient, rather than the assignments of other participants.

5.6. Organizers are not automatically entitled to view private gift assignments. However, certain authorized features, including Premium draw previews or assignment management tools, may allow Organizers to review or modify assignments.

5.7. Depending on available functionality, changes to participants or game settings may require adjustments to existing assignments.

5.8. Santa Secret does not guarantee that participants will purchase, deliver, receive, or be satisfied with gifts.

5.9. Any purchases, shipping arrangements, or personal agreements between participants are their own responsibility.

5.10. Santa Secret does not process gift purchases between participants and does not act as an intermediary in those transactions.

6. Wishlists and User Content

6.1. Users may submit names, gift preferences, wishlists, descriptions, links, messages, and other content ("User Content").

6.2. You retain ownership of your User Content.

6.3. By submitting User Content, you grant Santa Secret a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, and display that content solely as reasonably necessary to operate and improve the Service.

6.4. You represent that you have the rights or permissions necessary to submit your User Content.

6.5. You agree not to submit content that:

• Violates applicable laws.
• Infringes intellectual property or privacy rights.
• Contains threats, harassment, or unlawful discrimination.
• Includes malicious software or deceptive links.
• Constitutes unauthorized advertising or spam.
• Misuses another person's personal information.

6.6. We may remove or restrict content that violates these Terms or applicable law.

6.7. Wishlists and gift suggestions are informational. Santa Secret does not guarantee product availability, prices, quality, or delivery.

7. Santa Secret Premium

7.1. Santa Secret may offer optional paid functionality under the name "Santa Secret Premium" ("Premium").

7.2. Depending on the current offering, Premium may include:

• Exclusive gift exchange themes.
• Advanced game customization.
• Additional game organizers.
• Game activity history.
• Advanced gift assignment and draw management features.
• Other functionality described on the Premium purchase page.

7.3. The features included in Premium, their limitations, availability, and applicable access period will be described before purchase.

7.4. Some features may be labeled "Coming Soon," "Planned," or "In Development." Such labels indicate that the features are not yet generally available.

7.5. Unless an explicit delivery commitment is made as part of a paid offer, descriptions of planned functionality do not guarantee a particular release date.

7.6. We may provide selected users with complimentary Premium access, promotional offers, or early-access functionality.

7.7. Complimentary access does not create an obligation to provide equivalent offers to other users.

7.8. Purchasing Premium grants access to the specified software functionality. It does not transfer ownership of the Service, its software, designs, or other intellectual property.

8. Premium Pricing and Access Period

8.1. Premium pricing is displayed on the purchase page before checkout.

8.2. The Premium offering for the 2026/2027 season provides access from the time of activation through April 30, 2027, inclusive.

8.3. The 2026/2027 Premium purchase is a one-time payment, not an automatically renewing subscription.

8.4. No automatic renewal or recurring charges apply to this seasonal purchase.

8.5. Unless otherwise stated in the purchase offer, Premium access applies to all gift exchange games created by the purchasing account, including previously created games, subject to applicable feature limitations.

8.6. Purchasing Premium does not guarantee that an account will retain paid access beyond the specified expiration date.

8.7. After the Premium access period expires, the account may continue using the free functionality of the Service.

8.8. Premium features may become unavailable after expiration, but existing games and completed gift assignments will not automatically be deleted solely because Premium access has expired.

8.9. Prices, duration, available features, and purchasing arrangements for future seasons may differ.

8.10. Any future recurring subscription will require presentation of the applicable subscription terms and any authorization required by law before recurring charges are initiated.

9. Payments and Billing

9.1. Payments for Santa Secret Premium are processed through third-party payment providers, including Stripe.

9.2. By purchasing Premium, you authorize the applicable payment processor to charge your selected payment method for the amount shown at checkout.

9.3. Applicable taxes and any additional charges will be disclosed as required before payment confirmation.

9.4. We do not generally store complete payment card numbers or security codes on our servers.

9.5. Premium access is activated after successful payment confirmation, subject to any activation timing disclosed at checkout.

9.6. If your payment succeeds but access is not activated, please contact postman@santa-secret.com.

9.7. We reserve the right to investigate suspected fraudulent transactions, payment abuse, or unauthorized purchases.

9.8. During prelaunch testing, we may display indicative Premium pricing and allow users to register their interest without making a payment.

9.9. Joining a Premium waiting list or expressing interest does not constitute a completed purchase or create an obligation to buy.

10. Cancellations and Refunds

10.1. Premium for the 2026/2027 season is a one-time purchase. There are no recurring payments to cancel.

10.2. Users may contact postman@santa-secret.com to request cancellation of Premium access or a refund.

10.3. As an additional voluntary refund policy, Santa Secret offers a full refund when requested within 3 calendar days after purchase, provided no paid Premium functionality has been used.

10.4. Use of paid Premium functionality may include applying exclusive themes, adding additional organizers, using advanced draw management functionality, or accessing other paid features.

10.5. Refund requests submitted after Premium functionality has been used will be reviewed individually, taking into account the functionality delivered, the circumstances of the request, and applicable law.

10.6. Completing a gift exchange draw does not, by itself, automatically disqualify a user from a refund, particularly when that functionality was available without Premium.

10.7. If paid features are not delivered, are materially defective, or differ materially from their purchase description, users may be entitled to refunds or other remedies under applicable consumer protection laws.

10.8. Nothing in these Terms excludes or limits mandatory refund, withdrawal, cancellation, or consumer rights under applicable law.

10.9. If a refund is granted, the corresponding Premium access may be revoked.

10.10. Previously completed gift assignments and existing game data will not automatically be deleted solely because a Premium purchase was refunded.

10.11. Refunds will generally be issued through the original payment method, subject to applicable law and payment processor requirements.

10.12. To request a refund, please provide the email address associated with your account and sufficient information to identify the purchase.

11. Notifications and Communications

11.1. Santa Secret may send transactional and service-related communications, including:

• Login and verification messages.
• Game invitations.
• Gift assignment notifications.
• Game management updates.
• Important security notices.
• Purchase confirmations.
• Payment and Premium access notifications.

11.2. Some communications are necessary for providing the Service.

11.3. Optional notifications may be managed through available user preferences.

11.4. Marketing communications will be sent in accordance with applicable law, including consent requirements where applicable.

11.5. You may unsubscribe from marketing communications using the available unsubscribe mechanism.

12. Privacy and Personal Information

12.1. Our collection, use, storage, and disclosure of personal information are described in our Privacy Policy.

12.2. The Privacy Policy is available at https://santa-secret.com/policy.

12.3. By submitting information relating to other individuals, you confirm that you have appropriate authority or a lawful basis to do so.

12.4. The visibility of participant information depends on user roles, game configuration, and available functionality.

12.5. We use reasonable safeguards to protect account information and private assignment data.

12.6. Users must not attempt to access another participant's private information without authorization.

13. Intellectual Property

13.1. Santa Secret and its licensors retain all rights, title, and interest in the Service, including its software, illustrations, designs, branding, visual themes, text, and underlying technology.

13.2. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes.

13.3. You may not copy, distribute, reverse engineer, commercially exploit, or create derivative works from protected components of the Service except where permitted by law or expressly authorized.

13.4. Purchasing Premium does not grant ownership of Premium themes, illustrations, software, or other protected materials.

13.5. Third-party trademarks, content, and materials remain the property of their respective owners.

14. Acceptable Use

14.1. You agree to use Santa Secret responsibly and lawfully.

14.2. You must not:

• Attempt unauthorized access to accounts, games, or infrastructure.
• Interfere with the Service's operation.
• Circumvent Premium payment requirements.
• Exploit vulnerabilities or security weaknesses.
• Use automated tools to impose unreasonable infrastructure loads.
• Conduct fraudulent activities.
• Collect personal information without authorization.
• Send spam or deceptive invitations.
• Use the Service to violate third-party rights.

14.3. We may investigate suspected violations and take proportionate action, including suspending access, removing content, or restricting accounts.

14.4. Where an account has paid for Premium, any suspension or termination will be handled in accordance with applicable law and the circumstances of the violation.

15. Service Availability

15.1. We work to maintain reliable operation of Santa Secret but do not guarantee uninterrupted availability.

15.2. Temporary interruptions may occur because of maintenance, updates, infrastructure issues, or circumstances outside our reasonable control.

15.3. We may change the Service to improve functionality, security, and performance.

15.4. Material changes affecting purchased Premium functionality will be handled in accordance with our contractual obligations and applicable law.

15.5. If an outage or technical issue prevents users from receiving purchased functionality, appropriate remedies may be available under applicable law.

16. Disclaimers and Limitation of Liability

16.1. To the maximum extent permitted by applicable law, the Service is provided on an "as available" basis.

16.2. We do not guarantee that every gift exchange will be completed successfully or that every participant will fulfill their personal commitments.

16.3. Santa Secret is not responsible for disputes between participants regarding gift selection, purchase, delivery, or receipt.

16.4. We are not responsible for the content, availability, or policies of independent third-party websites linked through the Service.

16.5. To the extent permitted by law, Santa Secret is not liable for indirect, incidental, special, or consequential damages resulting from use of the Service.

16.6. Nothing in these Terms excludes liability that cannot legally be excluded, including liability arising from fraud, willful misconduct, or other circumstances protected by applicable law.

16.7. Your statutory consumer rights remain unaffected.

17. Account and Game Deletion

17.1. Users may manage or delete certain games and account information through available Service functionality.

17.2. Requests for account deletion or removal of personal information may be submitted to postman@santa-secret.com.

17.3. Deleting a game may permanently affect access to invitations, participant information, gift assignments, and other game-related data.

17.4. Certain information may be retained when necessary to comply with legal obligations, resolve disputes, prevent fraud, or protect legitimate rights.

17.5. We will process personal data deletion requests in accordance with our Privacy Policy and applicable law.

18. Changes to These Terms

18.1. We may update these Terms as our Service, business practices, or legal obligations change.

18.2. Updated Terms will be published on the Service with a revised effective date.

18.3. Where required by law, we will provide advance notice of material changes or obtain additional agreement.

18.4. Changes will not retroactively remove rights or benefits already guaranteed under a completed Premium purchase where doing so would violate applicable law.

19. Governing Law and Disputes

19.1. These Terms are governed by the laws of the US state in which Santa Secret LLC is organized, without regard to conflict-of-law principles, except where mandatory consumer protection laws apply.

19.2. We encourage users to contact us first to resolve concerns informally.

19.3. Questions, complaints, and disputes may be submitted to postman@santa-secret.com.

19.4. Nothing in these Terms prevents consumers from exercising mandatory rights or accessing courts and authorities where those rights cannot lawfully be restricted by contract.

19.5. If a provision of these Terms is found unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

20. Contact Information

Service operator: Santa Secret LLC

Website: https://santa-secret.com

Support and legal inquiries: postman@santa-secret.com

Business mailing address: 2108 N ST STE N, Sacramento, CA 95816, United States

State of formation: California

For questions about these Terms, Premium access, or billing, please contact us using the email address above.