Terms & Conditions

1. Agreement to these terms

By accessing or using jollysantaletters.com (the “Site”), creating an account, or purchasing or using any of our products or services (together, the “Service”), you agree to be bound by these Terms & Conditions and by our Privacy Policy, which is incorporated here by reference. If you do not agree, please do not use the Service.

We may update these terms from time to time as described in “Changes to these terms” below. Your continued use of the Service after an update means you accept the revised terms.

2. Eligibility and your authority

To use the Service and to make a purchase, you represent and warrant that:

• you are at least 18 years old and able to enter into a binding contract;
• you are the parent or legal guardian of any child named as a recipient, or you otherwise have the authority and permission of that child’s parent or legal guardian to create and send a letter, certificate, call, or other content for that child; and
• you have obtained all consents necessary to provide us with any information about a child or any other person, and to have us use that information to provide the Service (including, where applicable, the authority to have a phone number called, see “Santa phone calls”).

The Service is intended for and directed to adults. It is not directed to children, and children may not use it or provide information to us directly.

3. Your account

Some features require an account. You agree to provide accurate, current, and complete information, to keep it up to date, and to keep your login credentials secure. You are responsible for all activity under your account. Notify us promptly at support@jollysantaletters.com if you suspect any unauthorized use. You can review, update, or delete your account at any time from your account settings.

4. The Service and our products

Jolly Santa Letters helps you create personalized, print-at-home keepsakes from Santa. Depending on what you choose, the Service may include:

• Free letters. Pick a stationery design and a letter template, personalize it, and download or have us email a print-ready PDF.
• North Pole Experience bundles (formerly Wrapped & Sealed). A personalized letter together with a matching envelope and an Official Nice List certificate.
• AI-assisted letters and stationery. Letters and stationery art generated with the help of artificial intelligence (see “AI-generated content”).
• Personalized Santa phone calls. An automated, pre-recorded personalized telephone call for a child, with a keepsake recording (see “Santa phone calls”).
• Saved keepsakes. For signed-in customers, the ability to revisit and re-download past creations.

The Service is licensed to you for your personal, non-commercial, family use only. We may add, change, suspend, or discontinue any part of the Service at any time. Some features are sold as a metered allowance (for example, a set number of AI letter generations per purchase); the applicable limits are shown at the time of purchase.

5. Orders, pricing, and payment

Prices are shown at checkout and may change at any time, but changes will not affect orders already placed. Paid purchases require an account and are billed on a per-order basis through our third-party payment processor, Stripe, when you submit your order. We do not store your full card details; they are handled by Stripe. You authorize us (through Stripe) to charge your selected payment method for the amount shown, including any applicable taxes. You are responsible for any charges your mobile carrier or internet provider may apply for data or messaging.

6. Our happiness guarantee, refunds, and cancellations

We want every letter to land just right. If you are not happy with a purchase, contact us at support@jollysantaletters.com within 30 days of your purchase and we will make it right, including a refund of the purchase price where appropriate.

• Free letters are free, so there is nothing to refund.
• You may cancel or reschedule a Santa phone call at no charge any time before it is placed.
• Because letters, certificates, AI-written letters, AI-designed stationery, and placed phone calls are personalized and delivered to you immediately, they generally cannot be “un-sent.” Our 30-day happiness guarantee still applies: if you are not satisfied, tell us and we will work with you to fix the problem or refund your purchase.
• Approved refunds are issued to your original payment method through Stripe and may take several business days to appear.

This guarantee is offered by us voluntarily and in addition to, not instead of, any rights you may have under the consumer-protection laws of your state or country.

7. Delivery, email, and printing

Our products are delivered digitally (by on-screen download and, where you provide an address, by email) for you to print at home. We are not a postal carrier. You are responsible for printing your keepsake and, if you choose to mail a printed letter yourself, for posting it. We are not responsible for delays or non-delivery caused by your email provider (including messages routed to spam or junk folders), your printer, or any postal carrier you use.

We make every effort to deliver promptly, but we cannot guarantee that any keepsake will arrive, be printed, or be mailed by a particular date, including before Christmas. To allow time for home printing and your own posting, please create and download your keepsakes well before the holiday.

8. Your content and the license you grant us

“Your Content” means the information and materials you provide, for example a child’s name and age, your message, gift details, and any photo you upload. You keep all rights you have in Your Content. We do not claim ownership of it.

To operate the Service, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify (for formatting and rendering), and transmit Your Content for the limited purpose of providing the Service to you and delivering your keepsake to its intended recipient. This license ends when you delete Your Content or your account, except for copies retained as required by law or as described in our Privacy Policy. We do not use Your Content for advertising or marketing without your permission.

You represent and warrant that you own or have all rights and consents needed to provide Your Content and to grant this license, and that Your Content does not infringe anyone’s rights or violate any law.

9. AI-generated content

Some products use artificial intelligence to help write letters, design stationery, or script Santa phone calls based on the details you provide. You understand and agree that:

• AI-assisted content is generated automatically and may contain errors, inaccuracies, or unexpected results, and is not guaranteed to be unique;
• it is provided for personal entertainment and is not professional advice of any kind;
• you are responsible for reviewing AI-assisted content before printing, sending, or sharing it, and for deciding whether it is appropriate; and
• you will not use the Service to attempt to generate unlawful, harmful, hateful, or otherwise inappropriate content.

10. Santa phone calls: consent, automated calls, and recordings

If you order a personalized Santa phone call, the following additional terms apply. They are important, so please read them closely.

• Automated, pre-recorded call. The call is an automated, pre-recorded personalized message. It is not a live conversation with a real person.
• Your consent and authority (TCPA). By providing a telephone number and placing an order, you give your prior express consent for us (and our telephony provider) to place an automated and/or pre-recorded call to that number, and you represent and warrant that you are the subscriber or a customary, authorized user of that number, or the parent or legal guardian of the child to be called, and that you are authorized to consent to the call. You acknowledge that consent to receive such calls is not a condition of any purchase you are otherwise entitled to make, and you consent to an electronic record documenting your opt-in.
• Calling hours. Calls are placed only between 8:00 a.m. and 9:00 p.m. in the recipient’s local time zone.
• Recordings and keepsakes. We create a recording of the call and may email it to you as a keepsake. We retain recordings as described in our Privacy Policy.
• Delivery is not guaranteed. We cannot guarantee that a call will connect (for example, if the line is busy, unanswered, blocked, or the number is invalid). If we leave a voicemail or are unable to complete the call after reasonable attempts, our obligation is considered fulfilled, subject to our happiness guarantee above.
• Charges and opt-out. Standard message and data rates may apply. For any text messages associated with a call, reply STOP to opt out or HELP for help.

11. The magic is yours to keep: entertainment, parental discretion, and no affiliation

12. Acceptable use

You agree not to:

• use the Service for any unlawful purpose, or to create or transmit content that is threatening, harassing, defamatory, obscene, hateful, or otherwise objectionable, or anything that could be harmful or inappropriate for a child;
• submit information about another person without the authority to do so;
• resell, rent, or commercially exploit the Service or any keepsake;
• copy, scrape, harvest, or use automated means to access the Service, or attempt to bypass any usage limits or security measures; or
• interfere with or disrupt the Service or attempt to gain unauthorized access to it.

13. Our intellectual property

The Service and everything in it that is not Your Content (including our templates, stationery and certificate designs, artwork, fonts, software, text, graphics, the Jolly Santa Letters name, logo, and look and feel) is owned by us or our licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable license to use your purchased or downloaded keepsakes for your own personal, non-commercial use. All other rights are reserved.

14. Third-party services

We rely on trusted third parties to provide the Service, for example Stripe for payments, and the cloud, email, telephony, voice, and AI providers listed in our Privacy Policy. Your use of features powered by those providers may also be subject to their terms. We are not responsible for third-party services or websites we link to.

15. Disclaimers

The Service and all keepsakes are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any content will be accurate or delivered on time.

16. Limitation of liability

To the fullest extent permitted by law, in no event will Phoebe Nova Labs LLC or its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of data, goodwill, or profits, arising out of or relating to the Service. Our total liability for any claim relating to the Service will not exceed the greater of (a) the total amount you paid us for the product giving rise to the claim in the 12 months before the event, or (b) one hundred U.S. dollars (US $100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. In that case, our liability is limited to the smallest amount permitted by law.

17. Indemnification

You agree to defend, indemnify, and hold harmless Phoebe Nova Labs LLC and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to (a) your breach of these terms, (b) Your Content, (c) your violation of any law or the rights of a third party, or (d) your use of the Service.

18. Dispute resolution; binding arbitration and class-action waiver

Please read this section carefully. It affects your legal rights, including your right to go to court and to have a jury trial.

Most concerns can be resolved quickly by contacting us at support@jollysantaletters.com. Before starting an arbitration, you and we agree to first try to resolve the dispute informally for at least 60 days after written notice.

Binding arbitration. If we cannot resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to the Service or these terms will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. This expressly includes claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227.

Class-action and jury-trial waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative action. You and we waive any right to a jury trial.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these terms by emailing support@jollysantaletters.com with your name and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these terms.

Time limit. Any claim must be filed within one (1) year after it arises, to the extent permitted by law; otherwise it is permanently barred.

19. Governing law and venue

These terms and any dispute are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws rules. To the extent a dispute is not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Georgia.

20. Changes to these terms

We may update these terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide reasonable notice (for example by email or a notice on the Site). Your continued use of the Service after the changes take effect means you accept the revised terms.

21. Termination

You may stop using the Service at any time and delete your account from your account settings. We may suspend or terminate your access to the Service at any time if you breach these terms or to protect the Service or other users. Sections that by their nature should survive termination (including content licenses you granted, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

22. General

These terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest will remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for any failure or delay caused by events beyond our reasonable control. Notices to you may be given by email or by posting on the Site.

23. Contact us

Questions about these terms? We’re happy to help.

Phoebe Nova Labs LLC (“Jolly Santa Letters”)
[Add your registered business mailing address], Georgia, United States
Email: support@jollysantaletters.com