Terms of Use

1. Acceptance of Terms

These Terms are an agreement between you and the team of SecretSanta by Bazhannya, Ukraine (hereinafter referred to as "SecretSanta", "we") regarding the use of the joinsecretsanta.com website and related features (hereinafter referred to as the "Service").

By opening the site, creating an account or game, joining a game or using other features, you confirm that you have read and accept these Terms and Privacy policy. If you do not agree, do not create an account or use the features of the Service.

2. What SecretSanta does

SecretSanta helps you create private holiday games, invite participants, agree on a date, budget and rules, automatically determine who's gifting whom, and share wish lists.

While certain features are in development or testing, they may be marked as demo, early access, or pre-release. Such functions may not store data on the server, may change or be temporarily unavailable.

3. Who can use the Service

• You can create an account independently from the age of 13.
• A person under the age of 18 uses the Service with the consent of his parents or legal representative.
• A responsible adult should be involved for classroom or children's community games.
• You must provide a valid email address and not impersonate yourself.
• You are responsible for accessing your mail, device, account and invitation links.

Report immediately support, if you suspect third-party access.

4. The organizer and participants of the game

4.1. Organizer

The organizer creates the game, formulates the rules, invites people, checks the composition of the group and starts the distribution. The organizer is obliged to:

• invite only people who have agreed or reasonably expect such an invitation;
• do not add other people's email, addresses, photos or other data without a legal basis;
• clearly communicate the date, budget, presentation format and significant changes to the rules;
• take into account the age of the participants, the safety of the gifts and the voluntariness of participation;
• not to use the status of the organizer for harassment, discrimination or disclosure of private information.

4.2. Member

The participant himself decides whether to join the game, is responsible for the truthfulness of his profile, compliance with the agreed budget, timeliness of the gift and correct communication.

4.3. Secret distribution

The service should exclude the loss of one's own name and show everyone only the necessary result. But SecretSanta cannot guarantee secrecy if the participant himself, the organizer, the recipient of the link or a third party discloses it outside the Service.

5. Your content remains yours

You retain copyright, property and other rights to texts, photos, covers, descriptions, rules, wish lists, messages and other material that you create or upload to the Service ("User Content"). SecretSanta does not become the owner of such content.

To technically provide the Service, you grant SecretSanta a non-exclusive, royalty-free, time-limited and territorially unlimited license to:

• store, backup, cache and reproduce User Content;
• change only the technical format, size or quality of the file;
• show and transmit it to those users determined by the game settings;
• engage technical contractors exclusively for the operation, protection and support of the Service.

This permission is valid only for the operation of the Service and terminates upon deletion of the content or account, except for temporary backups and when retention is required by law. We will not use private game content in advertising, public materials or for sale to third parties without separate express consent.

By adding content, you confirm that you created it yourself or have all necessary rights and permissions; it does not violate copyright, privacy, image rights, honor, dignity and other rights of people.

6. Publication of information about other people

Do not post other people's addresses, phone numbers, documents, correspondence, private photos, health, financial, children or other sensitive information without permission. If the data is required to deliver the gift, only transmit it in the private way provided and only to your Santa.

If someone added your data illegally, write to support@joinsecretsanta.com. We may temporarily hide the material during the review.

7. Prohibited use

You may not use the Service for:

• illegal content, threats, harassment, stalking, hate speech, discrimination, or sexualized material involving minors;
• fraud, extortion, phishing, impersonation or false charges;
• spam, mass unsolicited invitations, advertising without permission or collection of user contacts;
• publication of malicious files, other people's secrets, passwords or payment data;
• hacking, bypassing restrictions, checking other people's pairs, scanning vulnerabilities without written permission;
• automated data collection, bots or bulk account creation, unless authorized by us in writing;
• copying SecretSanta's design, databases, software code or brand beyond what is permitted by law.

8. Gifts, purchases and third-party links

SecretSanta is an organizational tool and is not a gift seller, delivery service, buy-sell party or guarantor of agreements between participants.

• A wish list is a suggestion, not an obligation to purchase a specific item.
• Prices, availability, quality, returns and shipping depend on the store or other seller selected.
• Participants independently evaluate the appropriateness, safety and legality of the gift.
• A link to an external site does not imply a guarantee or endorsement of all its contents.

9. Integration with Bazhannya and other services

Login via Bazhannya or Google, connection to the list, payments and other external functions may also be governed by the terms and conditions of the respective provider. You choose whether to use the integration yourself, and you can revoke access in the settings of the provider, if it supports it.

10. Free and Paid Features

If we introduce paid tariffs, the price, currency, composition of features, access period and renewal rules will be shown before confirming the order. Payment cannot be considered accepted without explicit action by the user.

Refunds and cancellation of the digital service are carried out in accordance with the mandatory norms of legislation on the protection of consumer rights and the conditions shown before payment. No provision of these Terms and Conditions shall limit the consumer's rights that cannot be limited by contract.

11. Rights to SecretSanta

SecretSanta's code, framework, design, branding, interface texts, custom artwork, logos, and other elements are owned by their respective owners and protected by law. Access to the Service does not transfer ownership of them to you.

You may link to SecretSanta and distribute custom links to public pages. Other commercial use of the brand or materials requires prior consent.

12. Availability and changes to the Service

We strive to maintain a stable and secure experience, but we cannot guarantee the absence of interruptions, errors, loss of connectivity or compatibility with every device. We may perform technical work, change or discontinue certain features if required for safety, legal or product development purposes.

We will attempt to provide a reasonable period of time to retain accessible data before materially terminating a feature, if it is technically feasible and does not pose a risk.

13. Limits of liability

To the extent permitted by law, SecretSanta is not responsible for the selection, payment, quality, delivery or delivery of gifts; behavior of participants; disclosure of the secret by the users themselves; content and operation of third-party sites; consequences of false or illegally published data by the user.

We are responsible for our own actions in the cases and within the limits expressly provided by law. Nothing in these Terms excludes liability that cannot be excluded or deprives the consumer of mandatory rights.

If the law allows for a contractual limitation and the damage is not caused by intent or gross negligence on the part of SecretSanta, the aggregate liability for the paid service is limited to the amount actually paid for it during the previous 12 months.

14. Access Restrictions and Removal

We may hide content, limit functionality, or block an account if there is a reasonable suspicion that it violates the law, these Terms, safety, or the rights of others. When possible, we'll let you know the reason and provide a way to appeal.

You can stop using the Service and request the deletion of your account and data. Some information may be temporarily backed up or retained if required by law, security, or pending litigation.

15. Complaints about content and violations

In the appeal, include the link or game name, describe the violation, explain your connection to the material, and include confirmation, if any. Do not send your password or full payment details.

We may request additional information, notify the author of the complaint, and restore the content if the violation is not confirmed.

16. Changes to the Terms

We may update the Terms due to new features, legal requirements, or security risks. The current version is published here with the update date. We will notify registered users of significant changes in the Service or email, as a rule, at least 14 days in advance, except for urgent changes due to law or security.

17. Governing Law and Disputes

The law of Ukraine applies to these Terms and Conditions, in particular the norms of the Civil Code of Ukraine, the laws of Ukraine "On electronic commerce", "On the protection of consumer rights", "On the protection of personal data" and other mandatory norms.

First, offer to resolve the dispute by contacting support. If it was not possible to reach an agreement, the dispute is considered by a competent court in accordance with the rules of jurisdiction established by law. For users from other countries, mandatory consumer rights are preserved that cannot be waived by choice of law.

The invalidity of a separate provision does not invalidate the rest of the Terms. Default due to war, natural disaster, major infrastructure failure, governmental action or other circumstances beyond reasonable control shall be assessed in accordance with the law.