Terms of Service and Sale (EULA)
Last Updated: December 1, 2025
1. Introduction and Agreement
These Terms of Service and Sale (“Terms” or “Agreement”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and Greenlogic Sp. z o.o., a company incorporated under the laws of Poland, with its registered office at ul. Podwale 1/99, 50-043 Wrocław, Poland, VAT ID: PL8943073554, KRS: 0000602965 (“Greenlogic”, “Company”, “we”, “us”, or “our”).
These Terms govern your access to and use of the Santa Cards: AI Video mobile application (the “App”) and the purchase of video generation services within the App.
BY DOWNLOADING, ACCESSING, OR USING THE APP, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE USE OF THE APP AND UNINSTALL IT.
2. Description of Service and AI Disclaimer
The App utilizes third-party Artificial Intelligence (AI) models to generate personalized video greetings (the “Service”). The App is intended for use by individuals who are at least 18 years old, or by children under the supervision of a parent or legal guardian who accepts these Terms on their behalf.
2.1. Nature of Generative AI
You explicitly acknowledge and agree that the Service relies on experimental generative AI technology. Due to the probabilistic nature of these models:
- No Guarantee of Accuracy: The AI may produce content that is factually incorrect, illogical, or hallucinatory.
- Variability: The output (including voice modulation, facial expressions, and background rendering) is non-deterministic. Identical inputs may yield different results.
- Filtering: We employ automated content moderation filters. We reserve the right to block any input that triggers these filters without liability.
2.2. User Verification Responsibility
Before finalizing any purchase, the App presents a summary or context confirmation of your request. It is your sole responsibility to verify that the Input Data (name, age, wishes hint) is correct and free of typos. By proceeding to payment, you confirm that the summary reflects your intent. All purchases and legal agreements within the App must be made by an adult user (parent or legal guardian). Children may use the App only under the supervision of such an adult, who remains fully responsible for all activity in the App.
2.3. Service Availability
We do not guarantee that the Service will be available at all times. We rely on third-party providers (e.g., Replicate, OpenAI, Google Cloud). Breakdowns, maintenance, or termination of these third-party services may result in the temporary or permanent unavailability of our App features.
3. Account, Data Retention, and Security
3.1. Account Registration
While you may use the App as a Guest, we strongly recommend creating an account. You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.
3.2. Data Loss and Deletion (Crucial Notice)
- Guest Users: Content associated with unverified/guest identifiers is strictly temporary. We delete such data from our servers 30 days after creation to ensure data privacy and optimize storage. If you uninstall the App or lose your device without an account, your purchased videos will be permanently lost.
- Registered Users: We retain content for the duration of your active account, subject to our storage policies.
3.3. No Liability for Data Loss
To the fullest extent permitted by law, Greenlogic shall not be liable for any loss of data, video files, or purchase history resulting from: (i) your failure to register an account; (ii) device malfunction; or (iii) uninstallation of the App.
4. Terms of Sale and Payment
4.1. Pricing and Offers
The App operates on a "Pay-Per-Video" basis. All prices are displayed at the checkout point. We reserve the right to implement dynamic pricing, personalized offers, and temporary promotions. The price agreed upon at the moment of purchase is final.
4.2. Payment Processing (Apple)
Transactions are processed via Apple In-App Purchases (IAP). You are entering into a transaction with Apple Inc., not directly with Greenlogic. You agree to comply with Apple’s Media Services Terms and Conditions.
Although payments are processed by Apple via In-App Purchases, Greenlogic remains solely responsible for providing and supporting the Service purchased within the App.
4.3. No Refund Policy
ALL SALES ARE FINAL. Since the Service provides immediate delivery of non-tangible digital goods, you acknowledge that you lose your right of withdrawal once the performance has begun (i.e., when you tap "Generate"). We do not offer refunds for "change of mind," dissatisfaction with artistic style, or minor AI artifacts, except as expressly provided in Section 5.
If you are a consumer resident in the European Economic Area, you expressly consent to the immediate performance of the Service and acknowledge that you lose your statutory right of withdrawal once the generation process has started.
Any exceptions or goodwill refunds are granted solely at our discretion.
5. Complaint and Replacement Policy (Strict Liability Limitation)
We strive for high technical quality, but we acknowledge that AI can occasionally glitch. Our policy distinguishes between Technical Faults (valid for replacement) and Subjective Dissatisfaction (not valid).
5.1. Valid Complaints (Technical Faults)
You are eligible for a one-time free replacement of the video if the generated content suffers from critical technical errors, such as:
- Physics Failures: Severe visual glitches (e.g., character's head detaching, limbs moving in physically impossible ways, severe graphical artifacts).
- Audio/Video Desync: The audio is completely out of sync with the lip movements to a degree that makes the video unusable (>2 seconds).
- Wrong Selection: The generated video features a different character or scene than the one you selected in the configuration menu.
How to Report: Issues must be reported via https://santacards.app/report-video-issue within 7 days of purchase. This limitation does not affect any statutory warranty or consumer rights that may apply under mandatory law.
5.2. Invalid Complaints (Subjective & Creative Choices)
We DO NOT offer refunds or replacements for issues related to personal taste or the creative nature of AI, including but not limited to:
- Voice/Tone: Dissatisfaction with the character's voice pitch, accent, or emotional tone.
- Script Interpretation: The AI rephrased your hint in a way you didn't prefer, provided the general meaning remains consistent with the pre-purchase summary.
- Aesthetics: Background music choice, minor background details, or artistic style of the animation.
- User Error: Typos made by the user in the name or age fields.
5.3. Abuse of Policy
Any attempt to abuse the replacement system, including intentionally trying to trigger glitches to obtain free content or submitting false reports, constitutes a violation of these Terms. We reserve the right to deny service to users suspected of abuse.
6. Intellectual Property Rights
6.1. Company IP
The App, including source code, UI/UX design, "Santa Cards" branding, and underlying logic, is the exclusive property of Greenlogic.
6.2. User License
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the generated video for personal, non-commercial purposes.
6.3. User Representations and Warranties
You represent and warrant that:
- You own or have the necessary rights to use any text, names, or data you input into the App.
- Your input does not infringe the intellectual property, privacy, or publicity rights of any third party.
- You will not use the App to generate Deepfakes of real persons without their explicit consent.
6.4. Right to Service Improvement (AI Training)
You grant Greenlogic a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and analyze the Input Data (including text hints, names, and parameters, but excluding the final generated video) for the sole purpose of maintaining, securing, and improving the App and its underlying AI models and services. This right survives the termination of your account. We will process all data in accordance with our Privacy Policy and applicable data protection laws.
7. Prohibited Conduct
You agree not to misuse the App. Prohibited conduct includes, but is not limited to:
- Attempting to reverse engineer, decompile, or hack the App.
- Using the App to generate hate speech, sexually explicit content, or content promoting illegal acts.
- Exploiting glitches to bypass payment systems.
- Submitting fraudulent chargebacks or disputes via Apple. Greenlogic reserves the right to immediately ban any user who initiates a fraudulent chargeback.
If you believe that any content generated through the App is illegal, harmful, or otherwise inappropriate, you should promptly contact us via https://santacards.app/contact/ or the contact details provided in Section 15. We may review such reports and take appropriate action at our sole discretion.
8. Indemnification
You agree to indemnify, defend, and hold harmless Greenlogic, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
- Your access to or use of the App;
- Your violation of these Terms;
- Your violation of any third-party right, including without limitation any intellectual property, publicity, confidentiality, property, or privacy right;
- Any input data you provide that causes the AI to generate infringing or illegal content.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
GREENLOGIC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
10. Limitation of Liability
To the extent not prohibited by law, in no event shall Greenlogic be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, or business interruption, arising out of your use of or inability to use the app, however caused, regardless of the theory of liability (contract, tort, or otherwise).
In no event shall our total liability to you for all damages exceed the amount of twenty dollars ($20.00) or the amount you paid us in the last three (3) months, whichever is higher.
11. Dispute Resolution and Class Action Waiver
11.1. Governing Law
These Terms are governed by the laws of Poland, without regard to its conflict of laws principles.
11.2. Binding Arbitration (For US Users)
If you are a resident of the United States, any dispute, controversy, or claim arising out of or relating to these Terms or your use of the App shall be resolved exclusively through final and binding arbitration, rather than in court.
The arbitration shall be administered on an individual basis (no class or representative actions) and shall take place with its legal seat in Poland. The arbitral proceedings may be conducted remotely (e.g. by videoconference) unless the parties agree otherwise. The language of the arbitration shall be English.
This arbitration agreement is intended to be interpreted broadly and applies to all disputes between you and Greenlogic related to the App or the Service, to the fullest extent permitted by applicable law.
11.3. Class Action Waiver
YOU AND GREENLOGIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12. Force Majeure
Greenlogic shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, labor shortages, loss of data caused by failure of third-party hosting providers (e.g., Google Cloud, AWS), or failures of the internet service or telecommunications infrastructure. The time for performance shall be extended for a period equal to the duration of the event preventing performance.
13. Apple-Specific Terms
If you downloaded the App from the Apple App Store, the following terms apply:
- Acknowledgement: These Terms are between you and Greenlogic only, not with Apple. Apple is not responsible for the App or its content.
- Maintenance: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever.
- Product Claims: Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims or regulatory compliance.
- IP Rights: In the event of any third-party claim that the App infringes that third party’s intellectual property rights, Greenlogic, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- Third-Party Beneficiary: Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce them against you as a third-party beneficiary.
14. Changes to Terms
We may update these Terms at any time. Material changes will be notified via the App. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes.
15. Contact
For legal notices or support:
- Terms of Use and Sale: https://santacards.app/terms/
- Privacy Policy: https://santacards.app/privacy/
- Web: https://santacards.app/contact/
- Post: Greenlogic Sp. z o.o., ul. Podwale 1/99, 50-043 Wrocław, Poland.
