Elf Diary terms of use

Version 2026-10.

These terms are the agreement between you and Aigentis Ltd, a company registered in England and Wales (company number 16537792), whose registered office is Pa103 Technology Centre, University of Wolverhampton Science Park, Glaisher Drive, Wolverhampton WV10 9RU, United Kingdom ("we", "us"), for using Elf Diary: Santa Calls ("Elf Diary", "the app"). Please read them with our privacy notice, which explains how we use information.

1. Who can use Elf Diary

You must be 18 or over. You must be the parent or legal guardian of every child you add, or have their parent's or guardian's permission to add them and to agree to our privacy notice for them.
The account is yours. Children use child mode on your phone while you are nearby; they never have their own account.
Keep your sign-in details and your grown-ups PIN private. You are responsible for what happens in your account.

2. What Elf Diary does

Free: the diary (nice moments, elf notes and bonus stars), the star jar, the Christmas countdown, advent doors, the Nice List certificate, the bedtime elf report, Santa's free voice note (one for each child each season) and your family's first Santa call (2 free minutes).
Paid: the Santa Pass and Santa minutes, which pay for live calls from Santa for any of your children. Section 5 explains how they work.

We may improve, change or stop features from time to time. If we stop something you have paid for and not used, we will make it right, for example with a refund of the unused part.

3. Santa is an AI

Santa's voice and replies are produced by artificial intelligence (ElevenLabs, using Anthropic's Claude and Google's Gemini, with our own safety rules). Santa is not a real person and nobody is listening live.
AI can make mistakes: Santa may mishear, misunderstand or say something a little odd. Santa follows strict rules, for example never asking for personal details, never asking a child to keep a secret and never promising particular gifts, and every call is checked for safety afterwards.
If you ask Santa to call about something, he celebrates it or sets one small, friendly challenge. For something to work on, he says the elves noticed, and never tells your child that you told him, complained or asked him to mention it.
You choose for each child how Santa talks about behaviour. Gentle, the setting every child starts with, never mentions a naughty list. Firm but kind lets Santa say, kindly, that your child is on the naughty list for now and how to make it right; he never threatens, never calls your child naughty or bad, and ends the call warmly. [For solicitor review.]
Santa's free voice note is made by AI too: Anthropic's Claude writes the words from your diary, and ElevenLabs speaks them in Santa's voice.
A grown-up must answer the call first and stay with the child for the whole call. Hand the phone over only when you are happy, and end the call at any time.
What Santa says is for fun. It is not advice of any kind.

4. Your content

You own what you write in the diary, the brief and your Ask Santa requests. You give us permission to store and process it only to run Elf Diary for you (for example to prepare Santa's brief or his voice note).
Only add photos you have the right to share. A photo is described in one sentence by AI and then deleted; we never store it, and it is never shown to Santa. If it shows anyone else, make sure they are happy for it to be described by AI. If a photo shows your child, you confirm you are their parent or guardian and agree to this processing.
The AI may suggest logging a photo as a star or as something to work on. It is only a suggestion: nothing is saved until you tap Save, and the AI never adds or takes away a star.
Please do not enter anything unlawful, hurtful or that identifies other people's children.

5. The Santa Pass and Santa minutes

Everything is bought in the grown-ups area as a one-off in-app purchase through Apple's App Store or Google Play. Prices are shown before you pay and include VAT where it applies. The store takes the payment and its terms also apply.
Before any purchase, you tick a box to confirm that you have read these terms and the cancellation policy, and that you understand you can't cancel for a refund once your minutes are added. See "Cancelling and refunds" below.
The prices below are UK prices. In other countries the store shows the price in your currency.
Nothing is charged per child, and nothing renews automatically.

Your first call is free

Every family gets 2 free minutes with Santa, without a Santa Pass, for a booked call or "Call Santa now".
Free minutes are used before any others and are never topped up. You can book a free call while at least 1 free minute is left, and have one free call booked at a time.

The Santa Pass

£19.99, paid once, for 12 months (365 days) of calls with Santa, with 20 Santa minutes included. The early-bird price is £14.99 until 29 November [exact end time, as set in each store, to be confirmed]. You pay the price the store shows when you buy.
It is a one-off payment, not a subscription: it never renews, and we never charge you again unless you choose to buy again. Apple's App Store may describe it as a "non-renewing subscription".
If you buy another pass while yours is active, its 20 minutes are added straight away, and its 12 months start when your current pass ends.
While your pass is active you can book calls and use "Call Santa now" with your Santa minutes, and buy more minutes.

Santa minutes

Top-ups, while your Santa Pass is active: 5 minutes £1.99, 10 minutes £2.99, 25 minutes £5.99 and 60 minutes £11.99.
Your children share them. Your family has one pool of minutes. Any of your children (up to 6 on one call) can use it, and there is no extra charge per child.
Minutes don't expire. Minutes you buy or earn stay in your account when your Santa Pass ends, but you need an active Santa Pass to use them. Your free minutes need no pass.
The app shows how many minutes you have left.

How call time is charged

Each child's part of a call lasts up to 6 minutes, counting any redials.
When a child's part of the call starts, we set aside Santa minutes for it: your free minutes first, then your other minutes. On a call with several children, the minutes are shared fairly between the children still waiting. When the minutes set aside run out, that child's part of the call ends.
You pay by the second for the conversation. After the call, we charge the length of the conversation as measured by our voice provider, ElevenLabs, rounded up to the next whole second and never more than was set aside. The rest goes back to your minutes.
No conversation, no charge. If our records show that a conversation never started, for example because the call failed on our side, nothing is charged. Please book another time. A missed call costs nothing.
No measurement, no charge. If ElevenLabs never tells us how long a conversation lasted (we keep checking for 6 hours), we charge nothing for it, and all the minutes set aside for it go back to you.

Booking and "Call Santa now"

Booking: choose the children, a day and a 15-minute slot, from at least 2 minutes ahead, in your phone's time zone. You need at least 1 minute to book: your free minutes, or Santa minutes with an active Santa Pass. Minutes are used only when Santa talks, not when you book.
You can have up to 3 calls booked at a time, only one of them free.
"Call Santa now" rings your phone within seconds, between 08:00 and 19:30 your time.
Slots can fill up at busy times; if one is full, choose another time or try again in a few minutes.
Santa's call rings at the time you chose. If you miss it, you can call back within 30 minutes.

Christmas Eve

Santa's last live calls are on the morning of 24 December, in your phone's time zone. The last slot you can book starts at 11:30, and "Call Santa now" works until 11:45.
There are no live calls from 12:00. A call that has already started can carry on, with each of your children taking their turn, until 12:30.
After that, instead of a live call, the app plays Santa's voicemail, a recording that comes with the app, and shows a Santa tracker worked out on your phone. They use no Santa minutes.
From 12:00 on 24 December until the end of Christmas Day, Santa is busy delivering presents, so photo descriptions, building Santa's brief and Santa's voice note are paused too. They come back on 26 December.
You can't book a call or use "Call Santa now" again until 1 January.

Gift codes

Gift codes are not offered yet. "Send Santa minutes" and "Redeem a gift code" show as "Coming soon" in the app. We will add terms for gift codes before they launch.

Bring a friend

Each parent has a bring-a-friend code, such as PAL-ABCD-234, to share.
A friend can add one code, once, before they buy their first Santa Pass. You can't use your own code. A family can try at most 10 codes a day.
When your friend's first Santa Pass purchase completes, at the early-bird price or the full price, you get 10 free Santa minutes and your friend gets 5 free Santa minutes, added automatically.
You can be rewarded for up to 20 friends each Christmas season. After that, your friends still get their 5 minutes.
Rewards are not taken back if your friend's pass is refunded later. Like other minutes, reward minutes need an active Santa Pass to be used.
If you delete your account, your code stops working, but a friend who has already added it still gets their own 5 minutes.

Cancelling and refunds

This section is the cancellation policy that the tick box before every purchase refers to.

The 14-day right to cancel. When you buy digital content online, you normally have 14 days to change your mind. The Santa Pass and Santa minutes are digital content that we supply straight away: as soon as your purchase completes, the minutes are added to your account and your Santa Pass starts (or, if you already have one, is extended, as described under "The Santa Pass"). [Whether the Santa Pass, which gives 12 months of access to live calls, is digital content or a service, and so which cancellation rules apply to it, to be confirmed.]
We ask for your consent first. Before any purchase, you must tick a box: "I've read the Terms of use and the cancellation policy, and I understand I can't cancel for a refund once my minutes are added." By ticking it, you ask us to supply the pass or minutes straight away, within the 14 days, and you confirm you understand that you lose your right to cancel once they are added. You can't buy without ticking it. [How we confirm your consent and acknowledgement to you afterwards, for example in the purchase confirmation, to be confirmed.]
Once your minutes are added, you can't cancel for a refund, even if you haven't used them yet.
If something goes wrong. Your statutory rights as a consumer are not affected. Digital content must be as described, fit for purpose and of satisfactory quality. If your pass or minutes don't arrive or don't work as described, tell us at [email protected], and you may be entitled to a repair or replacement, or to some or all of your money back. Minutes are never charged for a conversation that didn't take place (see "How call time is charged").
Refunds are made by Apple or Google. They take the payment, so a refund is made through them, normally back to the way you paid. To ask for one, use the App Store or Google Play; their refund policies apply. If you think we owe you a refund under your statutory rights, you can also contact us at [email protected] [how we arrange a refund we owe you through Apple or Google, and their role in taking payment for us, to be confirmed].
What a refund takes back. When a purchase is refunded, what it gave is taken back: the 12 months a refunded Santa Pass added come off your pass, and the minutes a refunded pass or pack added are removed, as far as they are unused. Calls you have booked stay booked.

6. Acceptable use

You must not:

use Elf Diary for anyone other than your own family;
try to make Santa say harmful or inappropriate things, or try to get around our safety rules;
copy, resell, reverse engineer or interfere with the app or our servers, except where the law allows;
use the app in a way that breaks the law.

We may suspend an account that breaks these terms or puts children at risk, and we will tell you why unless the law or safety prevents it.

7. Our content

The app, its characters (Santa, Pip and the elves), artwork, sounds and text belong to us or our licensors. You may use them only inside Elf Diary for your family's personal enjoyment, including sharing your child's Nice List certificate with family and friends.

8. Availability

We work hard to keep Elf Diary running, but we cannot promise it will always be available or error free, especially at busy times close to Christmas. Santa's calls depend on your internet connection and on our providers. On Christmas Eve, live calls end at 12:00 (12:30 for a call already under way), and the app then plays Santa's voicemail and shows the Santa tracker instead (section 5, "Christmas Eve").

9. Our responsibility to you

We are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms or failing to use reasonable care and skill.
We are not responsible for loss that was not foreseeable, for business losses, or for problems caused by your device, your internet connection or events outside our control.
Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit.

10. Ending your use

You can stop using Elf Diary at any time and delete your account and your family's data in Settings → Delete all data, or without the app as explained at elfdiary.app/delete-account. Unused Santa minutes and any time left on your Santa Pass are lost when you delete your account. We may close the service with reasonable notice; if we do, we will help you with any unused Santa minutes or time left on your Santa Pass.

11. Changes to these terms

We may update these terms, for example when we add features or the law changes. If a change matters, we will tell you in the app before it takes effect. If you do not agree, you can stop using the app and delete your data. [For solicitor review: whether a change to your disadvantage should also let you end the agreement and get back the unused part of your Santa Pass and minutes.]

12. Law and disputes

These terms are governed by the law of England and Wales. If you live elsewhere in the UK or in the EU, you keep the protection of the mandatory consumer law where you live and can bring claims in your local courts.

13. If you got Elf Diary from Apple's App Store

These points apply if you downloaded Elf Diary from Apple's App Store, as well as the rest of these terms:

These terms are between you and us only, not Apple. We, not Apple, are responsible for Elf Diary and its content.
We give you a non-transferable licence to use Elf Diary on any Apple device you own or control, as the Usage Rules in Apple's Media Services Terms and Conditions allow (including Family Sharing).
We, not Apple, are responsible for maintaining and supporting Elf Diary. Apple has no obligation to provide any maintenance or support for it.
If Elf Diary fails to meet any warranty that applies to it, you can tell Apple, and Apple will refund the price you paid for it, if any. As far as the law allows, Apple has no other warranty obligation for Elf Diary. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to meet a warranty are our responsibility, as far as these terms and the law make them so.
We, not Apple, are responsible for dealing with any claims from you or anyone else about Elf Diary or your use of it, including product liability claims, claims that it fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
If anyone claims that Elf Diary or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
You confirm that you are not in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
When you use Elf Diary, you must also follow the terms of any third party that apply, such as your mobile network's.
If these terms conflict with Apple's Media Services Terms and Conditions, Apple's terms win.
Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.

14. Contact

Questions or complaints: [email protected], or call [SUPPORT PHONE NUMBER]
Aigentis Ltd, Pa103 Technology Centre, University of Wolverhampton Science Park, Glaisher Drive, Wolverhampton WV10 9RU, United Kingdom
Company number 16537792

The same text is in the app, under Settings. Questions: [email protected]