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Santa’s AI Lab Inc. Terms of Service

Date of Last Revision: June 11, 2024  

Santa’s AI Lab Inc. (“Santa AI”, “we”, “us”, or “our”)  provides the mobile application, Iceberg AI, through its website located at https://www.minipod.ai/ (the “Site”) and related services (collectively, such services, including any new features and any related mobile or other applications, and the Site, the “Service(s)”). The Service is designed to be an AI-powered chat platform to enhance how you communicate with friends through recommendations, goal settings and other personalized features, and is subject to the following Terms of Service (as amended from time to time, these “Terms of Service”).  These Terms of Service are effective as of the date you first create an account with Santa’s AI or otherwise use or access a Service, whichever is earlier. These Terms of Service do not have to be signed in order to be binding. You indicate your assent to these Terms of Service by creating an account or otherwise using a Service.  If you are registering for an account or using the Service on behalf of an entity or other organization, you are agreeing to these Terms of Service for that entity or organization and representing to Santa’s AI that you have the authority to bind that entity or organization to these Terms of Service (and, in which case, the terms “you” and “your” will refer to that entity or organization).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SANTA’S AI ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.  

In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at [https://www.minipod.ai/blog/privacy]. All such terms are hereby incorporated by reference into these Terms of Service.  

Santa’s AI reserves the right to change these Terms of Service at any time. All changes to the Terms of Service will be posted on the Site or sent via email to the address associated with your account. You can review the most current version of these Terms of Service at any time at [https://www.minipod.ai/blog/terms]. Your continued use of the Service after any changes have been made constitutes acceptance of the revised Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions.  If you do not agree to any changes to the Terms of Service, your only remedy is to cease using the Service and send a cancellation email to [hi@santasailab.com].



1. Access and Use of the Service.

Your Registration Obligations.  You may be required to register with Santa’s AI in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form.  Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering.  In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.  

Member Account, Password and Security.  You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Santa’s AI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Santa’s AI will not be liable for any loss or damage arising from your failure to comply with this Section.  

Modifications to Service.  Santa’s AI reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including with respect to any feature of any subscription plan related to the Service that may be offered by Santa’s AI from time to time. You agree that Santa’s AI will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.  

General Practices Regarding Use and Storage.  You acknowledge that Santa’s AI may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Santa’s AI’s servers on your behalf. You agree that Santa’s AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Santa’s AI reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Santa’s AI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.  

Mobile Services.  The Service may include certain services that are available via a mobile device (“Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Santa’s AI and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.  In the event you change or deactivate your mobile telephone number, you agree to promptly update your Santa’s AI account information to ensure that your messages are not sent to the person that acquires your old number. 

Desktop App License.  Santa’s AI may make available downloadable one or more desktop applications related to the Service (each, a “Desktop App”).  Subject to these Terms of Service, Santa’s AI hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install our Desktop App on your compatible personal computer and (b) use the Desktop App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Desktop App on another personal computer with respect to which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Desktop App grants you the aforementioned rights in connection with the installation and use of the Desktop App on one personal computer. 

Open Source Software.  The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found at in the Software documentation or the applicable settings, help, legal, notice, or about menu or source files. If required by any license for particular open source software, Santa’s AI makes such open source software, and Santa’s AI’s modifications to that open source software (if any), available by written request to [contact@iceberg.chat]. Copyrights to the open source software are held by the respective copyright holders indicated therein.


2. Conditions of Use.  

User Conduct.  You are solely responsible for all information, data, text, prompts, queries, scripts, images, messages and other materials (“content”) that you upload, submit, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service.  The following are examples of the kind of content and/or use that is illegal or prohibited by Santa’s AI.  Santa’s AI reserves the right to investigate and take appropriate legal action against anyone who, in Santa’s AI’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.  You agree to not use the Service to:  

  • transmit or upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Santa’s AI, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Santa’s AI or its users to any harm or liability of any type;

  • transmit or upload any financial or medical information of any nature (including protected health information), any sensitive personal data (e.g., social security numbers, driver’s license numbers, birth dates, personal bank account numbers, passport or visa numbers and credit card numbers), any personal data of children under 13 or the applicable age of digital consent, or any other data that is subject to regulatory or contractual handling requirements (collectively, “Prohibited Data”);

  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or  

  • violate any applicable local, state, national or international law, or any regulations having the force of law;  

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • solicit personal information from anyone under the age of 18;

  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

  • engage in any activities in hazardous environments, including in the operation of aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles or weaponry systems, or any other application in which failure of the Service could lead to death or serious bodily injury of a person, or to severe physical or environmental damage (each, a “High Risk Use”); 

  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or

  • circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks.

Generated Output.  Certain features of the Service permit you to provide prompts, scripts, queries or other input (collectively, “Input”) to the Service in order to receive output generated and returned by the Service based on such Input (“Output”).  You agree not to state or suggest that Output was human-generated when it is not.  The Service is not intended to be used, and you agree not to use the Service to generate any Output, for:

  • any illegal activity;

  • child sexual abuse material or any content that exploits or harms children;

  • generation of hateful, harassing, or violent content;

  • generation of viruses or malware;

  • any activity that has high risk of physical harm;

  • any activity that has high risk of economic harm;

  • fraudulent or deceptive activity;

  • adult content, adult industries or dating apps;

  • political campaigning or lobbying;

  • activity that violates people’s privacy;

  • unauthorized practice of law or offering tailored legal advice without a qualified person’s review;

  • offering tailored financial advice;

  • diagnosing a certain health condition, or providing treatment instructions; providing diagnostic or treatment services for serious medical conditions; triaging or managing life-threatening issues that need immediate attention; or

  • high risk decision-making.

In addition, you will comply with any third party terms, guidelines, policies or the like to which we link in connection with your generation of Output. 

Ownership of Input and Output.  As between you and us, and to the extent permitted by applicable law, you own all Input and, subject to your compliance with these Terms of Service and solely to the extent we obtain any ownership in any copyrights in your Output, we hereby assign to you our ownership interest in such copyrights to your Output.  You are responsible for all Input and Output, including for ensuring that it does not violate any applicable law or these Terms of Service.

Similarity of Output.  Due to the automated content generation, Output may not be unique across users and the Service may generate the same or similar output for you, Santa’s AI or a third party. Other users may also provide similar Input and receive the same or similar Output. Responses that are requested by and generated for other users are not considered your Output.  You hereby irrevocably release, acquit and forever discharge, and agree not to sue, Santa’s AI or any of its affiliates, or any of their employees, officers, directors or representatives (collectively, “Santa’s AI Parties”) with respect to any liability for direct or indirect copyright, trademark or other infringement, misappropriation or violation of any rights with respect to the Output.

Accuracy.  Use of the Service may in some situations result in incorrect Output that does not accurately reflect real people, places or facts.  You agree to evaluate and be responsible for the accuracy of any Output as appropriate for your use case.

Limitations of AI-Generated Output.  You acknowledge and agree that, in addition to the limitations and restrictions set forth in these Terms of Service, there are numerous limitations that apply with respect to artificial intelligence (AI)-generated Output due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information, (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense, (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey, (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive, (f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making, (g) AI systems require large amounts of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output, and (h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.

Competitors.  No employee, independent contractor, agent, or affiliate of any competing company is permitted to view, access, or use any portion of the Service without express written permission from Santa’s AI. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Santa’s AI or any of its affiliates, or acting on behalf of a competitor of Santa’s AI in using or accessing the Service.  

Fees.  To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Santa’s AI information regarding your credit card or other payment instruments.  You represent and warrant to Santa’s AI that such information is true and that you are authorized to use the payment instrument.  You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.  You agree to pay Santa’s AI or the Payment Processor (as defined below), as applicable, the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service.  You hereby authorize Santa’s AI (through the Payment Processor) to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred.  If you dispute any charges you must let Santa’s AI know within sixty (60) days after the date that Santa’s AI charges you. We reserve the right to change Santa’s AI’s plans and prices. If Santa’s AI does change prices, Santa’s AI will provide notice of the change on the Site or in email to you, at Santa’s AI’s option, at least 30 days before the change is to take effect.  Your continued use of the Service after the renewal of your subscription after the price changes goes into effect the price change becomes effective constitutes your agreement to pay the changed amount.  Santa’s AI may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Santa’s AI thirty (30) days after the mailing date of the invoice, or the Services may be terminated.  Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Santa’s AI’s net income.

Payment Processing.  Notwithstanding any amounts owed to Santa’s AI hereunder, SANTA’S AI DOES NOT PROCESS PAYMENT FOR ANY SERVICE. To facilitate payment for the Service via bank account, credit card, or debit card, we will do so using a third party payment processor (“Payment Processors”).  These Payment Processor services are made available via the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”).  By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable payment processor from time to time.  Santa’s AI assumes no liability or responsibility for any payments you make through the Service.  You represent and warrant to Santa’s AI that such information is true and that you are authorized to use the payment instrument.  You will promptly update your account information with Santa’s AI or the corresponding Payment Processor, as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur.  You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. 

Refunds and Cancellations.  Payments made by you hereunder are final and non-refundable, unless otherwise determined by Santa’s AI. You may cancel your subscription online by emailing us at [contact@iceberg.chat].

Special Notice for International Use; Export Controls.  Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls.  No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at your sole risk.  Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.    

Commercial Use.  Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes any portion of the Service, use of the Service, or access to the Service.  

3. Intellectual Property Rights.

Right to Use Services.  Subject to your compliance with the terms and conditions of this Agreement, for so long as you have a valid account for the Service, Santa’s AI hereby grants you a non-exclusive, non-transferable, revocable right, without the right to sublicense, to use the Service and Service Content (as defined below) for your internal purposes only.  You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Services.  You shall retain all copyright, trademark and other intellectual property rights notices contained on or in the Services or any Service Content.  Any rights not expressly granted herein are reserved by Santa’s AI.  

Ownership of Service Content, Software and Trademarks.  You acknowledge and agree that the Service may contain graphics, content, templates or features (“Service Content”), that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.   Except as expressly authorized by Santa’s AI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part.  In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.  If you are blocked by Santa’s AI from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).  You agree to use the Service Content solely as part of your internal use of the Service.  Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.    As between the parties and except for the licenses granted by this Agreement, Santa’s AI retains all right, title, and interest, including all related intellectual property rights, in and to the technology and software underlying the Service or distributed in connection therewith, including Desktop Apps (“Software”).  The Santa’s AI name and logos are trademarks and service marks of Santa’s AI (collectively the “Santa’s AI Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Santa’s AI. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Santa’s AI Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Santa’s AI Trademarks will inure to our exclusive benefit.  

Services Content and Output.  Under no circumstances will Santa’s AI be liable in any way for any Services Content or Output, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such Services Content or Output.  Santa’s AI and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Services Content or Output. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such Services Content or Output.  

No Professional Advice.  Santa’s AI is not in the business of providing legal or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.  

User Content.  You hereby grant Santa’s AI and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable license to (a) copy, store, modify and otherwise use Input, other content that you upload or input through the Service or share with other users or recipients and Output (collectively, “User Content”) in connection with the development, improvement or operation of the Service or other Santa’s AI offerings and (b) display, upload, perform and otherwise distribute your User Content as instructed by you via the functionality offered by the Service (e.g., if you elect to publish any User Content publicly via the Service, you grant us all rights necessary to do so).  

You acknowledge and agree that Santa’s AI may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Santa’s AI, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  

Aggregate Data.  In addition, without limiting the foregoing, Santa’s AI may monitor your use of the Service and use data and information related to such use or your User Content in an aggregate and/or anonymous manner, including to compile statistical and performance information related to the provision and operation of the Services ("Aggregate Data"). As between Santa’s AI and you, all right, title and interest in the Aggregate Data and all intellectual property rights therein, belong to and are retained solely by Santa’s AI, and Santa’s AI may make such Aggregate Data publicly available, and use such information to the extent and in the manner it deems fit including without limitation, as required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement, service improvement and marketing, provided that no such Aggregate Data identifies you or any other individual.  

Santa’s AI Proprietary Information.  You agree that all non-public business, technical, financial and other information learned or obtained by you relating to Santa’s AI or its business, products or service (including the Service) constitutes “Proprietary Information.”  You will hold in confidence and not disclose or, except as needed to use the Service as permitted hereunder, use any Proprietary Information.  Upon Santa’s AI’s request, you will promptly provide to Santa’s AI all items and copies containing or embodying Proprietary Information.  

4. Third Party Services and Distribution Channels.

Third Party Services.  The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Santa’s AI has no control over such sites and resources and Santa’s AI is not responsible for and does not endorse such sites and resources.  You further acknowledge and agree that Santa’s AI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.  Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Santa’s AI is not liable for any loss or claim that you may have against any such third party.  

Social Networking Services.  We may provide functionality that allows you to log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. Please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Santa’s AI shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.   In addition, Santa’s AI is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Santa’s AI is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Santa’s AI enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.  

5. Indemnity.

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Santa’s AI Parties from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Service, any User Content, or your other access, contribution to, use or misuse of the Service.  Santa’s AI shall provide notice to you of any such claim, suit or demand.  Santa’s AI reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Santa’s AI’s defense of such matter.  You may not settle or compromise any claim against the Santa’s AI Parties without Santa’s AI’s written consent.

6. Disclaimer of Warranties.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SANTA’S AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  SANTA’S AI MAKES NO WARRANTY THAT (I) THE SERVICE OR ANY OUTPUT WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE OUTPUT OR OTHER RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OUTPUT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.  

7. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SANTA’S AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SANTA’S AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. 

IN NO EVENT WILL SANTA’S AI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SANTA’S AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).  IN ADDITION, WITHOUT LIMITING THE FOREGOING, SANTA’S AI WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM THAT IS DIRECTLY OR INDIRECTLY CAUSED BY THE USE OF THE SERVICE IN A HIGH RISK USE OR TO PROCESS PROHIBITED DATA.  

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.   

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.  IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.  

8. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.  

a) Agreement to Arbitrate.‍

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and Santa’s AI, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.    

You and Santa’s AI agree that the parties will go to court to resolve disputes relating to your or Santa’s AI’s intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents).  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.    

You agree that, by entering into these Terms of Service, you and Santa’s AI are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  

b) Prohibition of Class and Representative Actions and Non-Individualized Relief.  

YOU AND SANTA’S AI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND SANTA’S AI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.    

c) Pre-Arbitration Dispute Resolution.  

Santa’s AI is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [hi@santasailab.com].  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Santa’s AI should be sent to Santa’s AI Inc., 811 6th St, unit 103, Santa Monica, CA 90403, Attn: Legal (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If Santa’s AI and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Santa’s AI may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Santa’s AI or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Santa’s AI is entitled.  

d) Arbitration Procedures.  Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Terms of Service as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.  

Unless Santa’s AI and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $10,000 or less, Santa’s AI agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.  

e) Costs of Arbitration.  Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  To the extent any Arbitration Fees are not specifically allocated to either Santa’s AI or you under the AAA Rules, Santa’s AI and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Santa’s AI will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Santa’s AI will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

f) Confidentiality.  All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.  

g) Severability.  If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief.  The remainder of the Terms of Service will continue to apply.  

h) Future Changes to Arbitration Agreement.  Notwithstanding any provision in these Terms of Service to the contrary, Santa’s AI agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Santa’s AI written notice within thirty (30) calendar days of the change to the Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).  

9. Termination. 

You agree that Santa’s AI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Santa’s AI believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Santa’s AI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Santa’s AI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Santa’s AI will not be liable to you or any third party for any termination of your access to the Service.  If you have subscribed to a Service, and Santa’s AI terminates your account without cause, then either (i) such termination will be effective upon expiration of your subscription or (ii) Santa’s AI will provide you with a pro rata refund of prepaid fees for the remaining term of the subscription.  

10. User Disputes. 

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Santa’s AI will have no liability or responsibility with respect thereto.  Santa’s AI reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.  

11. General. 

These Terms of Service constitute the entire agreement between you and Santa’s AI and govern your use of the Service, superseding any prior agreements between you and Santa’s AI with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Santa’s AI agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California.  The failure of Santa’s AI to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service (other than claims or causes of action relating to your or Santa’s AI’s intellectual property) must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Santa’s AI, but Santa’s AI may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.  For purposes hereof, the term “including” means “including without limitation”.

12. Your Privacy.  

At Santa’s AI, we respect the privacy of our users. For details please see our Privacy Policy.  By using the Service, you consent to our collection and use of personal data as outlined therein.  

13. Copyright Complaints. 

Santa’s AI respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Santa’s AI of your infringement claim in accordance with the procedure set forth below.  

Santa’s AI will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.  A notification of claimed copyright infringement should be emailed to Santa’s AI’s Copyright Agent at [hi@santasailab.com](Subject line:  “DMCA Takedown Request”).  You may also contact us by mail at:  



Santa’s AI Inc.

811 6th St, unit 103

Santa Monica, CA 90403

Attn: Legal



To be effective, the notification must be in writing and contain the following information:  

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;  

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;  

  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

  • your address, telephone number, and email address;  

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;  

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.   ‍

‍Counter-Notice. If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:  

  • ‍your physical or electronic signature;  

  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;  

  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and  

  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.  

If a counter-notice is received by the Copyright Agent, Santa’s AI will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.  

‍Repeat Infringer Policy.  In accordance with the DMCA and other applicable law, Santa’s AI has adopted a policy of terminating, in appropriate circumstances and at Santa’s AI's sole discretion, users who are deemed to be repeat infringers.  Santa’s AI may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.



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Privacy Policy

Jun 11, 2024