Wise Piñata Terms of Use
This Agreement sets forth the Terms of Use for the Wise Piñata mobile application presented by SUPLAB, LLC, d/b/a Tiny Reactor / Wise Piñata (“the Company”).
By downloading Wise Piñata (“the App”), making a purchase from the Company within the App, or by using the App, you agree to be bound by these Terms of Use. If you do not agree with these terms, you should delete the App immediately and/or leave the Company website or the applicable purchase page and discontinue use of the App immediately.
In these terms and conditions, “We/us/our/Tiny Reactor/Wise Piñata” means SUPLAB, LLC. “You/User/Customer/your” means you as a user of the App or visitor to the Website.
The App.
The Company provides Users with access to the Wise Piñata App, an app that delivers a daily inspirational message via characters when users open a virtual piñata.
Users have access to a free version of the App and may pay for additional characters.
Payment. Payment is not required for the free version of the App.
However, to access additional characters beyond what is provided in the free version of the App, you may make one-time payments to access those characters.
Purchases are processed entirely through Apple. We do not receive your payment card information or billing details. All purchases are subject to Apple's applicable payment, billing, and refund policies.
Refund Policy. We do not provide refunds for purchases of Wise Piñata upgrades. However, all refunds requests must be submitted directly to Apple.
Cancellation. You may delete or terminate the use of the Wise Piñata app by deleting the App from your device.
Informational and Entertainment Purposes. Wise Piñata is intended to provide entertainment and inspirational content only. The messages, characters, and other content available through the App are provided for general informational and entertainment purposes and are not intended to constitute medical, psychological, mental health, legal, financial, or other professional advice. You should not rely on the App as a substitute for advice or treatment from a qualified professional.
Term. This Agreement will be effective for the duration of your use of the App.
No Company Account Required. Wise Piñata does not require you to create an account with the Company. Downloading the App and making any in-app purchases are managed through your Apple Account, subject to Apple's terms and policies. Certain features, such as iCloud synchronization (if enabled), are also provided through your Apple Account.
App Access & Limitations. The Company grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple-authorized devices in accordance with these Terms and Apple's applicable App Store terms.
Restrictions on Use of the App. You may not sub-license your right to access and use the App, permit any unauthorized users to access or use the App, republish or redistribute any Content contained in the App, conduct, make any alteration to the platform, or request or permit any third party to conduct load testing or penetration testing of the App, or use the App in any way that causes damage to the App or impairs access by others to the App. You are prohibited from using the App for or in connection with any unlawful, illegal, harmful or fraudulent purpose or activity.
Release of Software Features. The Company does not guarantee any updates, new characters, or improvements to the App. However, any updates the Company provides will be delivered through the App Store and may include new characters, fixes, and improvements. Updates are optional and may be installed like a standard iOS update (not forced changes).
Third Party Platforms and Policies. Company is not responsible for and will not be held liable for any decisions, policies or changes made by Companies providing third-party platforms, software, hardware, or support services that impact the User’s use of or access to the App. This includes but is not limited to changes or impacts to website browsers, App platforms including the App Store, operating systems, software or hardware, or any other third-party service or application. Company is not responsible if, for any reason, User’s app is terminated or precluded from a third party platform or service, or if User is prevented from using or accessing the App due to any reason beyond Company’s control. Similarly, if a relevant third party implements a policy change, an update to their platform or services, or otherwise makes a decision that prevents Company from continuing its App in the marketplace, Company will not be liable for such a change or its resulting impact on User. User may terminate or cancel its use of the App at any time (by deleting the App), but no refunds will be available.
Software Code. The software code related to the App is proprietary and at all times remains the exclusive property of the Company. You have no right to access the software code (including object code, intermediate code and source code) during or after the Term.
Software Support. The App is provided on an “as is” basis. However, Users may submit support requests to Company’s support team at help [at] tinyreactor [dot] studio. Company will make reasonable efforts to handle and process support requests, but makes no guarantees regarding response or support time.
Customer/User Data. To the extent you voluntarily provide information to us (such as by contacting us through email), you grant us permission to use that information to respond to your inquiry, provide support, and otherwise operate the App.
Compliance with All Laws. You are responsible for complying with all laws related to your use of the App including all laws that are applicable in your respective jurisdiction. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court (or other tribunal), and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by us with respect to such use.
Ownership of Intellectual Property. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property rights of the Parties from one to the other. The Parties retain their original intellectual property in all circumstances.
Reservation of Rights. Company reserves the right to suspend, restrict, or terminate your access to or use of the App at any time, with or without notice, if Company reasonably believes that you have: (a) violated these Terms of Use; (b) violated any applicable law or regulation in connection with your use of the App; (c) attempted to interfere with, disrupt, damage, reverse engineer, circumvent the security of, or gain unauthorized access to the App or its related systems; (d) engaged in fraudulent, abusive, or unlawful activity; or (e) otherwise used the App in a manner that could harm the Company, the App, its intellectual property, or other users.
If your access to the App is suspended or terminated due to your violation of these Terms or other misconduct, you will not be entitled to any refund or other compensation except as may be required by applicable law or the policies of the Apple App Store.
Data Scraping; Automated Access Prohibited. You may not use any robot, spider, scraper, crawler, artificial intelligence tool, automated process, data mining tool, or other automated means to access, monitor, extract, copy, collect, index, reproduce, or otherwise harvest any Content, or other data or information made available through the App, except with the Company's prior written consent.
You may not use the App or any of its content for the purpose of training, developing, or improving any artificial intelligence, machine learning, large language model, or similar technology without the Company's prior express written permission.
Any unauthorized scraping, harvesting, automated access, or misuse of the App or its content constitutes a material breach of these Terms and may result in the suspension or termination of your right to use the App, in addition to any other remedies available to the Company at law or in equity.
Disclaimer of Warranties; Limitation of Liability. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME.
YOUR USE OF THE APP IS AT YOUR OWN RISK. COMPANY DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE APP WILL ALWAYS BE AVAILABLE OR FREE FROM HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP OR ANY IN-APP PURCHASES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT SUCH LAWS APPLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Relationship. Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
Modification. The Company may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the Company’s Website or updated and posted within the App. You should review this Agreement regularly during the use of the App to keep apprised of any changes.
Assignment. No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.
Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
Governing Law. These Terms shall be governed by the laws of the State of Washington without regard to conflict of laws principles.
Dispute Resolution. The parties agree to make a good-faith effort to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the use of the App through informal discussions. If a dispute cannot be resolved informally, either party may request confidential mediation before a mutually agreed mediator. Participation in mediation is voluntary unless both parties agree otherwise, and either party may discontinue mediation at any time.
Nothing in this Agreement requires either party to participate in mediation before pursuing available legal remedies. Any legal action arising out of or relating to these Terms or the App shall be brought exclusively in the state or federal courts located in King County, Washington, and each party irrevocably submits to the personal jurisdiction and exclusive venue of those courts.
Notwithstanding the foregoing, Company may seek temporary, preliminary, or permanent injunctive relief, specific performance, or any other equitable remedy in any court of competent jurisdiction to protect or enforce its Intellectual Property Rights, Confidential Information, proprietary information, trade secrets, software, or other proprietary rights, without first engaging in mediation. The parties acknowledge that unauthorized copying, reproduction, distribution, reverse engineering, scraping, artificial intelligence training, or other misuse of the App or its content may cause irreparable harm for which monetary damages would be an inadequate remedy.
Construction. This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Intellectual Property. The App, including without limitation its software, characters, artwork, illustrations, graphics, design, text, messages, audio, trademarks, logos, service marks, and all other content and materials made available through the App (collectively, the "Content"), is owned by or licensed to the Company and is protected by United States and international copyright, trademark, and other intellectual property laws.
Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App and its Content solely for your personal, non-commercial use. Except as expressly permitted by these Terms or applicable law, you may not copy, reproduce, distribute, publish, modify, create derivative works from, publicly display, publicly perform, transmit, sell, license, exploit, or otherwise use any portion of the App or its Content without the Company's prior written consent.
Nothing in these Terms transfers or grants to you any ownership or other intellectual property rights in the App or its Content, except for the limited license expressly granted above. No license or other rights are granted except as expressly set forth in these Terms.
The Company's characters, artwork, illustrations, inspirational messages, and the overall look and feel of the App are original creative works and may not be copied, reproduced, adapted, imitated, or used to create competing works without the Company's prior written permission.
Website Terms are Separate. If you visit our Website at www.tinyreactor.studio you separately agree to be bound by the Website Terms of Use and Privacy Policy that govern our Website.
Privacy. Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. By downloading, accessing, or using the App, you acknowledge that you have reviewed the Privacy Policy and understand how we collect, use, and disclose information in connection with the App.
Apple App Store Terms. If you download the App through the Apple App Store, you acknowledge and agree that these Terms are entered into solely between you and Company, and not with Apple Inc. ("Apple"). Company, and not Apple, is solely responsible for the App and its content, except as otherwise required by applicable law.
Your right to use the App is subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions and any other applicable terms imposed by Apple. Apple has no obligation to furnish any maintenance, support, or other services for the App.
To the maximum extent permitted by applicable law, Apple shall have no responsibility for any claims relating to the App or your possession or use of the App, including without limitation claims relating to product liability, consumer protection, intellectual property infringement, or the App's compliance with applicable legal or regulatory requirements.
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple shall have the right (and shall be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Waiver. The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Indemnity. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the App, any breach of this Agreement, including breach of your representations and warranties set forth above.
Entire Agreement. These Terms constitute the entire agreement between you and the Company regarding your use of the App and supersede all prior or contemporaneous understandings, agreements, representations, and communications relating to the App.
Contact. If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at help [at] tinyreactor [dot] studio.
