Terms of Service

1. Acceptance of Terms

Welcome to SneekySanta.com, a platform for organizing and managing Secret Santa gift exchanges online. By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations.

If you do not agree to these Terms, you must not use our services.

1.1 Binding Agreement

These Terms constitute a legally binding agreement between you ("you," "your," or "User") and SneekySanta.com ("we," "us," "our," or "SneekySanta"). Your use of the service indicates your acceptance of these Terms.

1.2 Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time without prior notice. Changes will be effective immediately upon posting to this page with an updated "Effective Date." Your continued use of SneekySanta.com after any changes constitutes acceptance of the new Terms.

It is your responsibility to review these Terms periodically. If you do not agree with any modifications, you must discontinue use of our services.

1.3 Age Requirements

• You must be at least 13 years of age to use SneekySanta.com
• If you are between 13 and 17 years old, you must have permission from a parent or legal guardian
• If you are under 18, your parent or guardian must review and agree to these Terms on your behalf
• By using our services, you represent that you meet these age requirements

2. Description of Service

SneekySanta.com is an online platform that helps individuals organize personal Secret Santa gift exchanges with friends, family, and other personal social groups. While individuals may organize office Secret Santa events, they must do so using their own personal accounts—not as representatives of their employers or companies.

2.1 Core Features

• Group Creation: Create and manage Secret Santa groups
• Automatic Matching: Randomly assign Secret Santa pairings
• Anonymous Messaging: Communicate with your Secret Santa or recipient without revealing identities
• Wishlist Management: Create and share wishlists with gift preferences
• Preference Forms: Share sizes, interests, allergies, and gift notes
• Historical Tracking: Prevent repeat pairings across years
• Exclusion Rules: Set who should not be matched together
• Address Management: Request and share shipping addresses securely
• Gift Marketplace: Browse and purchase gifts through our integrated store (optional)

2.2 Service Tiers

2.3 Service Availability

While we strive to provide uninterrupted access to our services, we do not guarantee that SneekySanta.com will be available at all times. The service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

3. User Accounts and Registration

3.1 Account Creation

To use SneekySanta.com, you must create an account. You can register using either a password or by signing in with Google, Microsoft, Apple, or Facebook. When registering:

• Provide accurate, current, and complete information
• Use a valid email address that you have access to
• Create a secure password (minimum 8 characters) - for password-based accounts only
• If using social sign-in, you agree to the respective provider's Terms of Service and Privacy Policy
• You may only create one account per email address
• You are responsible for all activities that occur under your account

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials:

• Do not share your password with anyone (for password-based accounts)
• For social sign-in users, maintain the security of your linked account
• Do not allow others to access your account
• Notify us immediately if you suspect unauthorized access
• Log out from shared or public computers
• We limit accounts to 3 concurrent sessions for security purposes

3.3 Account Accuracy

You agree to keep your account information accurate and up to date. You must promptly update any changes to your email address, name, or other account details.

3.4 Prohibited Account Activities

• Creating multiple accounts to circumvent free tier limitations
• Sharing account credentials with multiple people
• Registering with false or misleading information
• Impersonating another person or entity
• Creating accounts through automated means (bots)

4. Subscriptions and Billing

4.1 Premium Subscriptions

SneekySanta.com offers Premium subscriptions with additional features and benefits. Subscription options include:

• Monthly subscription (billed monthly)
• Annual subscription (billed yearly at a discounted rate)

4.2 Payment Processing

All payments are processed securely through Stripe, a PCI-DSS Level 1 certified payment processor. We do not store your full credit card information. By providing payment information, you authorize us to charge the applicable subscription fees to your payment method.

4.3 Automatic Renewal

Premium subscriptions automatically renew at the end of each billing period unless cancelled:

• Monthly subscriptions renew every month
• Annual subscriptions renew every year
• You will be charged at the then-current subscription price
• You can cancel automatic renewal at any time through your Billing settings
• Cancellation takes effect at the end of your current billing period

4.4 Price Changes

We reserve the right to change subscription prices at any time. Price changes will not affect your current billing period but will apply to subsequent renewals. We will notify you at least 30 days in advance of any price increase.

4.5 Refund Policy

4.6 Cancellation

You may cancel your Premium subscription at any time through your Account Settings → Billing. Upon cancellation:

• You will continue to have Premium access until the end of your current billing period
• Your account will automatically downgrade to the Free plan at the end of the period
• Groups exceeding Free plan limits will be archived until you upgrade or reduce group count
• No refund will be provided for the unused portion of your subscription

4.7 Failed Payments

If a subscription payment fails, we will attempt to process the payment again. If payment continues to fail, your Premium subscription will be cancelled and your account will be downgraded to the Free plan.

5. Acceptable Use Policy

You agree to use SneekySanta.com only for lawful purposes and in accordance with these Terms.

5.1 Permitted Use

• Organize legitimate Secret Santa gift exchanges
• Communicate respectfully with other users
• Share appropriate wishlists and gift preferences
• Participate honestly and in good faith in gift exchanges
• Respect other users' privacy and personal information

5.2 User Conduct

When using our services, you agree to:

• Treat other users with respect and courtesy
• Honor your Secret Santa commitments and gift exchanges
• Provide accurate information in your wishlists and preferences
• Respond to messages and address requests in a timely manner
• Follow group rules established by group owners
• Report violations of these Terms to us

6. Prohibited Activities and Content

The following activities and content are strictly prohibited on SneekySanta.com:

6.1 Prohibited Content

You may not post, upload, or transmit content that is:

• Obscene, pornographic, or sexually explicit
• Graphically violent or depicts violence
• Harassing, threatening, abusive, or defamatory
• Discriminatory based on race, religion, gender, sexual orientation, disability, or other protected characteristics
• Fraudulent, misleading, or deceptive
• Illegal or promotes illegal activities
• Spam or unsolicited commercial messages
• Infringes on intellectual property rights of others

6.2 Prohibited Activities

You may not:

• Abuse other users: Harass, threaten, stalk, or intimidate other users
• Fraud: Participate in fraudulent gift exchanges or refuse to fulfill Secret Santa obligations
• Impersonation: Impersonate any person or entity, or misrepresent your affiliation
• Automated access: Use bots, scrapers, or automated tools to access our services
• System interference: Interfere with or disrupt our servers, networks, or security measures
• Circumvention: Attempt to bypass any security features, access controls, or usage limitations
• Reverse engineering: Reverse engineer, decompile, or disassemble any part of our platform
• Data harvesting: Collect or harvest information about other users without their consent
• Vulnerability exploitation: Exploit security vulnerabilities or report them publicly before notifying us
• Multiple accounts: Create multiple accounts to evade free tier limitations or bans

6.3 Consequences

Violation of these prohibitions may result in immediate account suspension or termination, removal of content, and/or legal action. We reserve the right to report illegal activities to law enforcement authorities.

7. User Content and Ownership

7.1 Your Content

"User Content" refers to any content you submit, post, upload, or transmit through SneekySanta.com, including:

• Profile information and photos
• Wishlists and gift preferences
• Messages sent through our platform
• Group names and descriptions
• Reviews and ratings
• Any other information you provide

7.2 Content Ownership

You retain all ownership rights to your User Content. However, by submitting User Content to SneekySanta.com, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, modify, adapt, and display your User Content for the purpose of operating and providing our services.

7.3 Content Responsibility

You are solely responsible for your User Content:

• You represent that you have the right to submit the content
• You are responsible for the accuracy and appropriateness of your content
• You must not submit content that violates any laws or third-party rights
• We are not responsible for user-generated content or its accuracy

7.4 Content Moderation

We reserve the right, but are not obligated, to monitor, review, and remove User Content that violates these Terms or is otherwise objectionable. We may remove content without notice or liability.

7.5 Backup and Deletion

You are responsible for maintaining backups of your User Content. When you delete content or close your account, we will make reasonable efforts to remove it from our active systems, but some content may persist in backups or archives.

8. Group Ownership and Management

8.1 Group Creation

When you create a Secret Santa group, you become the "Group Owner" with certain rights and responsibilities.

8.2 Group Owner Rights

As a Group Owner, you have the right to:

• Invite and remove group members
• Set group rules, budget limits, and exchange dates
• Initiate name drawings and redrawings
• Configure exclusion rules and preferences
• Archive or delete the group
• Transfer ownership to another group member

8.3 Group Owner Responsibilities

As a Group Owner, you are responsible for:

• Ensuring group members comply with these Terms
• Moderating group content and activities
• Resolving disputes between group members
• Communicating group rules and expectations clearly
• Ensuring all participants are aware of budget limits and deadlines

8.4 Group Participation

By joining a group, you agree to participate in good faith and honor your Secret Santa commitments. Failure to fulfill your gift exchange obligations may result in removal from the group and potential account suspension.

8.5 Group Deletion

Group Owners may delete their groups at any time. When a group is deleted, all associated data (matches, messages, preferences) will be permanently removed. We recommend archiving groups instead of deleting them to preserve historical records.

9. Third-Party Services

9.1 Payment Processing (Stripe)

We use Stripe to process payments and manage subscriptions. Your use of Stripe's services is subject to Stripe's Terms of Service and Privacy Policy. We are not responsible for Stripe's services or any issues arising from payment processing.

9.2 External Links

Our service may contain links to third-party websites, products, or services (including wishlist URLs and product links). These links are provided for your convenience only. We do not endorse, control, or assume responsibility for any third-party content or services.

9.3 Third-Party Liability

We are not liable for:

• Products or services purchased from external websites
• Delivery delays or issues with third-party merchants
• Quality, safety, or legality of products linked in wishlists
• Third-party privacy practices or data collection
• Disputes between users and third-party vendors

10. Intellectual Property Rights

10.1 SneekySanta Property

All content on SneekySanta.com, including but not limited to text, graphics, logos, icons, images, software, and design, is the property of SneekySanta.com or its licensors and is protected by copyright, trademark, and other intellectual property laws.

10.2 Trademarks

"SneekySanta," the SneekySanta logo, and other marks used on our platform are trademarks or service marks of SneekySanta.com. You may not use these marks without our prior written permission.

10.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use SneekySanta.com for personal, non-commercial purposes only, in accordance with these Terms.

This license does not include:

• The right to reproduce, modify, or create derivative works
• The right to distribute, sell, or transfer our content
• The right to reverse engineer or decompile our software
• Any business, commercial, or revenue-generating use without express written permission
• Use as part of any commercial service offering or product
• Resale or sublicensing of access to the platform
• Creation of accounts by or on behalf of companies, organizations, or business entities
• Use where the account holder is acting as an agent or representative of a business

10.4 Copyright Infringement (DMCA)

We respect the intellectual property rights of others. If you believe that content on SneekySanta.com infringes your copyright, please notify us with the following information:

• Description of the copyrighted work claimed to be infringed
• Location of the allegedly infringing material on our site
• Your contact information (name, address, email, phone)
• A statement that you have a good faith belief that the use is not authorized
• A statement under penalty of perjury that the information is accurate
• Your physical or electronic signature

Send DMCA notices to: [email protected]

10.5 Repeat Infringers

We will terminate the accounts of users who are repeat copyright infringers.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using SneekySanta.com, you consent to our data practices as described in the Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

12. Disclaimers and Warranties

12.1 "AS IS" Service

SneekySanta.com is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that the service will be uninterrupted, secure, or error-free
• Warranties that defects will be corrected

12.2 No Guarantee of Matches

While we provide name-drawing and matching algorithms, we do not guarantee:

• That matches will be perfectly random or fair
• That participants will fulfill their Secret Santa obligations
• That all group members will participate in good faith
• That gifts will be exchanged or delivered
• The quality or appropriateness of gifts

12.3 User Responsibility

Your use of SneekySanta.com is at your own risk. You are solely responsible for:

• Verifying the identity and trustworthiness of other users
• Fulfilling your Secret Santa commitments
• Resolving disputes with other participants
• The content you submit or share
• Any damage to your device or data loss

12.4 Third-Party Content

We are not responsible for user-generated content or third-party services. We do not endorse, verify, or guarantee the accuracy of wishlists, product links, or other user-provided information.

13. Limitation of Liability

13.1 Exclusion of Damages

In no event shall SneekySanta.com, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services
• Emotional distress or disappointment
• Gifts not received or inappropriate gifts
• Disputes between users
• Any other damages, whether based on contract, tort, strict liability, or otherwise

13.2 Limitation of Liability Cap

To the extent permitted by law, our total liability to you for all claims arising from or related to the service shall not exceed the greater of (a) the amount you paid to us in the 12 months preceding the claim, or (b) $100 USD.

13.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless SneekySanta.com, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

• Your violation of these Terms or applicable laws
• Your User Content or activities on the platform
• Your infringement of any intellectual property or other rights of third parties
• Your interactions or disputes with other users
• Your failure to fulfill Secret Santa obligations
• Any misrepresentation or fraud committed by you

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

15. Account Termination

15.1 Termination by You

You may terminate your account at any time by:

• Navigating to Account Settings → Account Settings → Delete My Account
• Contacting us at [email protected]

Upon account deletion, your profile, wishlists, messages, and uploaded images will be permanently removed. Some data may persist in backups for a limited time.

15.2 Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or our policies
• Abusive or fraudulent behavior
• Non-payment of subscription fees
• Extended inactivity
• Legal or regulatory requirements
• At our sole discretion for any reason

15.3 Effect of Termination

Upon termination:

• Your right to access and use the service immediately ceases
• We may delete your data from our active systems
• No refunds will be provided for unused subscription time
• Groups you own may be archived or transferred to other members
• You remain liable for any obligations incurred before termination

15.4 Survival

The following sections survive termination: User Content and Ownership, Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive.

16. Dispute Resolution and Governing Law

16.1 Governing Law

These Terms and your use of SneekySanta.com are governed by and construed in accordance with the laws of the United States of America, without regard to conflict of law provisions.

16.2 Informal Resolution

Before filing a legal claim, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute through good-faith negotiation.

16.3 Limitation Period

Any claim or cause of action arising from or related to these Terms or the service must be filed within one (1) year after the claim or cause of action arose, or it will be forever barred.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SneekySanta.com regarding your use of the service and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. No waiver shall be effective unless in writing and signed by an authorized representative of SneekySanta.com.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms or any rights hereunder without restriction. Any attempted transfer in violation of this section is void.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 Notices

We may provide notices to you via email to the address associated with your account or by posting on our website. You agree that electronic notices satisfy any legal requirement that notices be in writing.

17.7 Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect.

18. Contact Information

If you have questions, concerns, or feedback regarding these Terms of Service, please contact us: