Terms of Service
Last Updated: December 20th, 2023
WonderPix(also called the "App", the "Service"), provided by Lollipop Technology Co., Ltd. ("Lollipop", "lollipop", "we," "us," or "our"), is a mobile application designed to deliver an outstanding software experience for our users. By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
Please refer to our Privacy Policy for information on how we collect, use, and disclose user information. Your use of our Services is subject to our Privacy Policy.
We reserve the right to modify these Terms at any time, at our sole discretion. If we make any changes, we will notify you by posting the modified Terms on our app or through other means. It is important that you review these Terms whenever they are updated. If you continue to use the Services after we have posted the modified Terms, you are indicating your agreement to be bound by them. If you do not agree to the modified Terms, you should discontinue using the Services.
We may make changes or discontinue any part of the Services at any time and without notice at our sole discretion, as our Services evolve over time.
Eligibility
You may use the Services only if you meet the following criteria:
- You are at least 16 years old in the European Economic Area, the United Kingdom, and California.
- You are at least 13 years old in other states in the United States, except California.
- You are not barred from using the Services under applicable law.
If you are aware of anyone below the required age using the Services, please contact us at wonderpix@lollitech.com so that we can take the necessary steps to delete their Personal Information and/or delete their account.
Services
Through the Services, users can access pixel pictures and fill the pixels with certain colors. We may also provide advanced features such as enabling users to transform normal pictures into pixel images and color them with customized colors.
Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while engaged in activities that require your full attention and concentration, such as driving or operating heavy machinery. You are solely responsible for your use of the Services.
Medical Disclaimer
You understand and agree that the Services, Products, and any other information you obtain from our App are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain your health status, or to substitute professional medical care.
Purchases & Pricing Terms
The App is free to all users. We do not provide any purchases and subscription items in the app.
Feedback
We welcome feedback, comments, and suggestions for improving the Services and Products ("Feedback"). You can submit Feedback by emailing us at wonderpix@lollitech.com. By providing Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works, and exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms, "Content" refers to text, graphics, images, music, software, audio, video, works of authorship, and information or other materials posted, generated, provided, or made available through the Services. "User Content" means any Content that users, including you, provide for availability through the Services.
Lollipop does not claim ownership of any User Content, but we do own all rights, title, and interest in and to the Services and Content, including associated intellectual property rights. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices included in or accompanying the Services or Content.
By making User Content available through the Services, you grant Lollipop a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and other users.
Subject to your compliance with these Terms, Lollipop grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to view, copy, and display the Content solely in connection with your permitted use of the Services.
Rights and Terms for Apps
Subject to your compliance with these Terms, Lollipop grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to download and install the App on a mobile device or computer that you own or control, and to run the App solely for your personal non-commercial purposes. Lollipop reserves all rights in and to the App, except as expressly granted to you under these Terms. You may not copy the App except for making a reasonable number of copies for backup or archival purposes. You may not modify the App, distribute it to third parties, reverse engineer, decompile, disassemble the App, or make it available to multiple users through any means.
If you obtained the App from the Apple Store, you agree to use the App only on Apple-branded devices running iOS and as permitted by the Apple Store Terms of Service.
Prohibitions
You agree not to engage in the following activities:
- Posting, uploading, publishing, submitting, or transmitting any Content that infringes on intellectual property rights, violates any law or regulation, is fraudulent, deceptive, defamatory, obscene, or promotes illegal activities, hatred, violence, or discrimination.
- Using, displaying, mirroring, or framing the Services or any part thereof, Lollipop's name, trademarks, logos, or other proprietary information, without our express written consent.
- Tampering with or using non-public areas of the Services, Lollipop's computer systems, or technical delivery systems of Lollipop's providers.
- Attempting to probe, scan, test, or breach the security or authentication measures of any Lollipop system or network.
- Bypassing, removing, deactivating, or circumventing any technological measures implemented by Lollipop or any third party to protect the Services.
- Sending unsolicited or unauthorized advertising, spam, or other solicitations.
- Using any Lollipop trademark, logo, URL, or product name without our express written consent.
- Using the Services for commercial purposes or in any manner not permitted by these Terms.
- Forging any TCP/IP packet header or using the Services to send altered or false information.
- Attempting to decipher, decompile, disassemble, or reverse-engineer the software used to provide the Services.
- Interfering with the access of any user, host, or network, including sending viruses, overloading, flooding, or spamming the Services.
- Collecting personally identifiable information from other users without their express permission.
- Impersonating or misrepresenting your affiliation with any person or entity.
- Violating any applicable law or regulation.
- Encouraging or enabling any other individual to engage in any of the above activities.
We have the right to monitor and review access to and use of the Services and Content for the purpose of operating the Services, ensuring compliance with these Terms, and adhering to applicable laws or legal requirements. We may remove or disable access to any Content at any time and without notice, at our sole discretion. We also have the right to investigate violations of these Terms and conduct that affects the Services. We may cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources for your convenience. We are not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. You assume sole responsibility and risk for your use of any third-party websites or resources.
Termination
We may terminate your access to and use of the Services at our sole discretion and at any time without notice. You may cancel your Account at any time by sending an email to us at wonderpix@lollitech.com.
Upon termination, discontinuation, or cancellation of Services or your Account, any provisions in these Terms that should reasonably survive will continue to do so, including ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Warranty Disclaimers
The Services, Products, and Content are provided "as is," without any warranty of any kind. We explicitly disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties arising out of the course of dealing or trade usage.
We do not warrant that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We also make no warranties about the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
Indemnity
You agree to indemnify and hold harmless Lollipop, its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including legal and accounting fees, arising out of or connected to your access to or use of the Services or Content, or your violation of these Terms.
Limitation of Liability
Neither Lollipop nor any other party involved in creating, producing, or delivering the Services, Products, or Content will be liable for any incidental, special, exemplary, or consequential damages. This includes, but is not limited to, lost profits, data or goodwill, service interruption, computer damage, system failure, or the cost of substitute Services or Products arising from or in connection with these Terms or the use of or inability to use the Services, Products, or Content.
In no event will Lollipop's total liability arising out of or in connection with these Terms or the use of the Services, Products, or Content exceed the amounts you have paid to Lollipop for their use, or fifty United States dollars (US$50), if you have not had any payment obligations to Lollipop, whichever is applicable.
The exclusion and limitations of damages described above are fundamental elements of the basis of the agreement between Lollipop and you.
Dispute Resolution
These Terms and any actions related to them will be governed by the laws of Hong Kong without regard to its conflict of laws provisions.
You and Lollipop agree that any dispute, claim, or controversy arising from or related to these Terms or the use of the Services, Products, or Content (collectively, "Disputes") will be settled by binding arbitration. You are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding, except for small claims tribunal actions or IP Protection Actions.
You must notify us by email at wonderpix@lollitech.com within thirty (30) days of your first agreement to these Terms if you wish to opt out of arbitration. If you do not send an Arbitration Opt-out Notice, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute, except as provided in clauses (i) and (ii) above. The exclusive jurisdiction and venue for any IP Protection Action, or in case you opt out of arbitration, will be the courts located in Hong Kong.
The arbitration will be administered by the Hong Kong International Arbitration Centre ("HKIAC").
General Terms
These Terms constitute the entire understanding and agreement between Lollipop and you regarding the Services, Products, and Content. They supersede all prior oral or written agreements between Lollipop and you concerning these matters. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
You may not assign or transfer these Terms without Lollipop's prior written consent. We may assign or transfer these Terms without restriction.
Any notices provided by Lollipop under these Terms, including those about modifications to the Terms, will be given either via email or by posting within the Services.
Lollipop's failure to enforce any right or provision of these Terms does not waive that right or provision. Waivers are only effective if in writing and signed by a duly authorized representative of Lollipop.
The captions in these Terms are for convenience and have no effect on their interpretation.
Contact Information
If you have any questions about the above content, please contact us at wonderpix@lollitech.com.
Versions in other languages than English
The original version of this Privacy Notice is written in English. To the extent a translated version of this Terms is in conflict with the English version, the English version shall prevail.