Terms of Service & Disclaimer

Effective Date: November 26, 2025

Agreement to Terms

By accessing and using SantaSpinner, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these terms, please do not use this service.

Service Description

SantaSpinner is a free gift exchange organizer tool provided by Dizzy Shark Studios. It was originally created for family use and is now offered to the public free of charge. The service allows users to create gift exchange groups, invite participants, and facilitate secret gift recipient assignments.

FREE HOBBY PROJECT DISCLAIMER

This is a personal hobby project created and maintained by an independent developer. It is provided free of charge as a community service. There is no commercial entity, support team, or warranty backing this service. Use of this service is entirely voluntary and at your own risk.

Use License

Permission is granted to use SantaSpinner for:

  • Personal, non-commercial gift exchange organization
  • Family and friends gatherings
  • Workplace holiday events
  • Community group gift exchanges

This license shall automatically terminate if you violate any of these restrictions.

Disclaimer of Warranties

PLEASE READ THIS DISCLAIMER CAREFULLY

THE SOFTWARE AND SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS, COPYRIGHT HOLDERS, OR DIZZY SHARK STUDIOS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE OR SERVICE.

This disclaimer is similar to those found in open-source software licenses (MIT, BSD, etc.) and applies to this free service. Dizzy Shark Studios makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Dizzy Shark Studios does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Data Privacy Commitment

Your privacy is important to us.

We do not sell, rent, or distribute any information you provide to SantaSpinner. Your data is used solely for the purpose of operating the gift exchange service. Please see our Privacy Policy for detailed information about how we collect, use, and protect your data.

User Responsibilities

You agree to:

  • Provide accurate information when creating groups and inviting participants
  • Use the service in a lawful manner and respect others' privacy
  • Not use the service for spam, harassment, or malicious purposes
  • Obtain consent from participants before adding them to groups
  • Keep your account credentials secure

Limitation of Liability

MAXIMUM LIABILITY PROTECTION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIZZY SHARK STUDIOS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the service
  • Any conduct or content of any third party on the service
  • Any content obtained from the service
  • Unauthorized access, use, or alteration of your transmissions or content
  • Errors, mistakes, or inaccuracies in gift assignments or participant matching
  • Failed delivery of emails or SMS messages
  • Any data loss, corruption, or service interruption
  • Any disputes arising between participants in gift exchanges

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIZZY SHARK STUDIOS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. In no event shall our total liability to you for all damages exceed one hundred dollars ($100.00 USD) or the amount you paid us in the last twelve months (which is $0.00 for this free service).

No Guarantee of Service Accuracy

While we strive for accuracy, SantaSpinner does not guarantee that:

  • Gift assignments will be generated correctly or fairly
  • Participants will receive their invitations via email or SMS
  • The service will be error-free, secure, or uninterrupted
  • Results obtained from the service will be accurate or reliable
  • Any defects in the service will be corrected

You acknowledge that you use the service at your own risk and discretion.

User-Generated Content

You are solely responsible for all content you submit, upload, or share through SantaSpinner, including names, email addresses, phone numbers, messages, and images. Dizzy Shark Studios:

  • Does not endorse any user-generated content
  • Is not responsible for the accuracy, legality, or appropriateness of user content
  • Has no obligation to monitor, edit, or remove user content
  • Assumes no liability for any content uploaded by users

By submitting content, you represent that you have all necessary rights and permissions to share that content and that it does not violate any laws or third-party rights.

Third-Party Communications

SantaSpinner sends emails and SMS messages on your behalf to participants you invite. You acknowledge and agree that:

  • You are responsible for obtaining consent before inviting participants
  • Delivery of messages is not guaranteed and may be delayed or blocked
  • Messages may be filtered as spam by email providers or carriers
  • We are not liable for failed, delayed, or misdirected communications
  • You agree to comply with all applicable laws regarding electronic communications

Disputes Between Users

SantaSpinner is merely a tool to facilitate gift exchanges. Any disputes, claims, or disagreements between participants (including but not limited to disputes about gift assignments, participation, or gift-giving obligations) are solely between the users involved. Dizzy Shark Studios has no involvement in and accepts no liability for any such disputes.

No Professional Advice

SantaSpinner is provided for entertainment and organizational purposes only. It does not constitute professional, legal, financial, or tax advice. Any reliance you place on the service is strictly at your own risk.

Service Availability

SantaSpinner is provided as a free service. We reserve the right to modify, suspend, or discontinue the service at any time without notice. We do not guarantee 100% uptime or data persistence, though we make reasonable efforts to maintain service reliability.

Assumption of Risk

BY USING SANTASPINNER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • Use of this service is entirely at your own risk
  • The service is provided "as-is" without any warranties of any kind
  • You are solely responsible for any consequences arising from your use of the service
  • You assume all risks associated with using the service, including technical failures, data loss, or incorrect assignments
  • You waive any right to hold Dizzy Shark Studios liable for any issues arising from the service
  • This is a free, informal tool and should not be relied upon for critical purposes

Indemnification

You agree to defend, indemnify, and hold harmless Dizzy Shark Studios, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms of Service
  • Your use or misuse of the service
  • Your violation of any law or the rights of a third party
  • Any content you submit, post, or transmit through the service
  • Any disputes between you and other users or participants
  • Any harm or damages caused to third parties as a result of your use of the service

This indemnification obligation will survive the termination of your use of SantaSpinner and these Terms of Service.

Termination Rights

Dizzy Shark Studios reserves the right, in its sole discretion, to terminate or suspend your access to all or part of SantaSpinner at any time, with or without notice, for any reason or no reason, including without limitation:

  • Breach of these Terms of Service
  • Suspected fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • At our discretion to discontinue the service

Upon termination, your right to use the service will immediately cease. We are not liable to you or any third party for any termination of your access to the service.

Modifications to Terms

Dizzy Shark Studios may revise these terms of service at any time without notice. By using SantaSpinner, you agree to be bound by the current version of these terms of service. Your continued use of the service after any changes constitutes acceptance of those changes.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of your jurisdiction, and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

Third-Party Links

SantaSpinner may contain links to third-party websites or services that are not owned or controlled by Dizzy Shark Studios. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.

Contact Information

Questions about the Terms of Service should be directed to Dizzy Shark Studios.

USER ACKNOWLEDGMENT & ACCEPTANCE

By accessing or using SantaSpinner, you acknowledge and confirm that:

  • You have read, understood, and agree to be bound by this entire Terms of Service & Disclaimer
  • You understand this is a FREE service provided "AS-IS" with NO WARRANTIES of any kind
  • You accept ALL RISKS associated with using the service
  • You agree that Dizzy Shark Studios has MAXIMUM LIABILITY PROTECTION and cannot be held liable for any damages
  • You confirm we DO NOT sell or distribute your data to third parties (see Privacy Policy)
  • You agree to indemnify and hold Dizzy Shark Studios harmless from any claims
  • You understand the service may be modified, suspended, or discontinued at any time

If you do not agree to these terms, you must not use SantaSpinner.