Terms of Service
Effective Date: November 2, 2026 · Version 1.0
1. Acceptance of Terms
Welcome to SantaPhotoAI, operated by Zhao Menglong, an individual merchant operating under the laws of the People’s Republic of China ("we", "us", "our", "operator"). These Terms of Service ("Terms") govern your access to and use of our AI-powered Christmas photo generation service, available at https://santaphotoai.com (the "Service").
By using the Service, generating images, or purchasing credits, you confirm that you: (a) are at least 18 years of age, or use the Service under the supervision of a parent or legal guardian; (b) have read, understood, and agree to be bound by these Terms; (c) agree to our Privacy Policy; and (d) use the Service only for lawful purposes.
Important: If you do not agree to these Terms, please stop using the Service. Continued use after any update constitutes acceptance of the revised Terms.
2. Service Description
2.1 What we provide
SantaPhotoAI is an AI-powered platform that lets you turn an uploaded photo into stylized Christmas portraits (Santa portraits, candy cane photos, family Christmas cards and more) by applying preset style templates. The Service is a digital software-as-a-service product delivered over the internet.
2.2 Nature of the Service
The Service is digital and intangible. Access is granted immediately upon payment confirmation. Free-tier usage (one watermarked image per day) is available subject to abuse controls. Due to the instant-delivery nature of digital services, refunds are subject to specific limitations set out in Section 7.
2.3 AI model disclosure
Image generation is powered by Google Gemini 2.5 Flash Image (also known as "Nano Banana"), accessed via Google AI Studio or Replicate. The performance and availability of the Service may depend on these providers. We will notify users of material outages.
3. Access and Device Identifier
3.1 No account required
The Service does not use accounts or passwords. Your free-quota state is tied to a random device token generated and stored in your browser; purchased credits are delivered as one-time redeem codes.
3.2 Your responsibility
Keep your redeem codes safe. Clearing browser storage may reset your free-quota state; purchased credits remain recoverable with your redeem code until it expires or is used.
4. Credits and Plans
The Service uses a credit system. We currently offer one-time credit packs: Single ($4.90, 1 HD credit) and Pack ($9.90, 5 HD credits). Each HD credit generates one high-definition image without watermark. Current packs and pricing are shown on thePricing page.
5. Billing and Payment
5.1 One-time purchases
Each purchase is a single transaction. Completing checkout authorizes us to charge your payment method the amount displayed at checkout. There is no auto-renewal and no automatic top-up.
5.2 Merchant of Record
Payments are processed by Waffo Pancake as Merchant of Record. Waffo Pancake handles payment, tax collection and remittance where applicable, and refunds initiated through its consumer portal. Payment card data is processed exclusively by Waffo Pancake (PCI-DSS) and never touches our servers.
6. Credit Validity and Termination
Purchased credits are valid for 30 days from the date of purchase, in line with the redeem code validity. If access is terminated (by you or by us), unused credits remain usable until expiry, except where termination results from a violation of these Terms, in which case unused credits are void to the extent permitted by applicable law.
7. Refund Policy
Consumed credits are non-refundable. The following exceptions apply:
- Unused within 7 days: if a purchase is within 7 days and the redeem code has not been used, you may request a full refund.
- Duplicate charges: billing errors resulting in duplicate charges are refunded in full.
- Statutory rights: where applicable law grants withdrawal rights (e.g. the EU/UK 14-day cooling period), those rights are preserved; note that for immediately delivered digital content the right lapses once delivery has begun with your express consent, which you give by redeeming the code.
When an order is refunded, the associated redeem code is voided and can no longer be used. Refund requests: email hello@santaphotoai.com with your order ID; you may also use the Waffo Pancake consumer portal. We acknowledge within 2 business days and process eligible refunds within 5–10 business days.
8. Billing Disputes
If you believe a charge is incorrect, please emailhello@santaphotoai.com before raising a dispute with your bank. We reply within 2 business days and resolve confirmed billing errors within 5 business days.
9. AI Content and Intellectual Property
9.1 Ownership of output
Subject to these Terms, AI-generated images created from your input ("Output") belong to you and may be used for any lawful purpose.
9.2 License to your input
By uploading a photo, you grant the operator a limited, non-exclusive license to process it solely to provide the Service to you. Your photos are not used to train AI models.
9.3 Third-party AI models
The Service relies on Google Gemini 2.5 Flash Image via Google AI Studio / Replicate. Output may be influenced by these models; we do not warrant any specific output quality and are not responsible for third-party model behavior.
9.4 Accuracy of AI output
AI-generated content may contain artifacts or inaccuracies. Review before relying on it.
10. Acceptable Use
10.1 Upload rights
You must own the rights to every photo you upload or have consent from each person shown. Photos of minors may only be uploaded by, or with the consent of, a parent or legal guardian.
10.2 Prohibited content
You agree not to use the Service to create any of the following categories of content:
- Sexual or NSFW content, including any sexualization of real or depicted persons;
- Violent or gory content;
- Hate speech or content demeaning people based on protected characteristics;
- Child-unsafe content, including anything that sexualizes or endangers minors (CSAM);
- Deepfakes or impersonation — synthetic media depicting real people without consent, or content intended to mislead about its origin or authenticity;
- Content infringing copyrights, trademarks, or other third-party rights.
10.3 Other prohibited conduct
- Reverse-engineering, scraping, or resale of the Service or its outputs at scale;
- Bypassing or interfering with security features, rate limits, or abuse controls;
- Using the Service in violation of applicable laws or card network rules.
10.4 Enforcement
Violations may result in blocking, voiding of unused credits, deletion of generated content, and reports to relevant authorities where required.
10.5 Reporting violations
Report abuse to hello@santaphotoai.com. We review reports and take action within 2 business days.
10.6 Content moderation
The Service applies layered automated screening: bot verification (Cloudflare Turnstile), IP rate limiting, pre-generation prompt scanning via Waffo Pancake's content-safety API (Prompt Sift), and a style-restricted generation pipeline — generation is limited to preset Christmas style templates rather than free-form prompts. We continue to enhance moderation measures.
11. Data, Privacy and Security
Your use of the Service is governed by our Privacy Policy. Payment card data is processed exclusively by our PCI-DSS payment processor (Waffo Pancake) and is never stored on our servers. Order and credit records are retained for 30 days and then deleted, as described in the Privacy Policy.
12. Disclaimers and Limitation of Liability
The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or accuracy of AI output. To the maximum extent permitted by applicable law, the operator is not liable for indirect, incidental, consequential, or punitive damages, and total liability is limited to the amount you paid us in the 12 months preceding the claim.
13. Term and Termination
These Terms remain in effect while you use the Service. We may suspend or terminate access for serious violations, suspected fraud, or legal requirements. You may stop using the Service at any time.
14. Governing Law and Disputes
These Terms are governed by the laws of the People’s Republic of China, without regard to conflict-of-law rules. Before initiating formal proceedings, please contacthello@santaphotoai.com to seek an informal resolution.
15. General Terms
We may update these Terms. Material changes will be announced at least 14 days before taking effect via the Site. If any provision is held invalid, the remainder stays in full force. These Terms together with the Privacy Policy form the entire agreement between you and the operator.
16. Contact
For any question regarding these Terms, billing, refunds, or privacy, contact:hello@santaphotoai.com · Zhao Menglong (individual merchant),the People’s Republic of China.