End User Licence Agreement — Neopets STEM Lab

Overview

The iPad application Neopets STEM Lab (the “Application”), together with the website at https://neopets-stem-lab.sdpsg.101.com (“Website”) and any related platforms and services (collectively, the “Products”), are operated by ELERNITY LIMITED (hereinafter referred to as the “Company”, “we” or “us”), whose registered office is at RM 2001-05 & 11, 20/F, HARBOUR CENTRE, 25 HARBOUR ROAD, WAN CHAI, HONG KONG.

We offer these Products, including all information, tools and services available from them, to provide interactive science episodes in which players follow a story, carry out virtual experiments and solve cases set in the world of Neopets (the “Services”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By downloading, installing, accessing or using our Products, you agree to be bound by the following terms and conditions (“Terms and Conditions”), including the additional terms and policies referenced herein which may be applicable to you. These Terms and Conditions apply to all users of the Products.

The Products are designed for children aged 10 to 14 to use with a parent, guardian or teacher, as well as for families and educators. If you are under the age of majority where you live, you may only use the Products with the involvement of a parent or legal guardian, who must read and accept these Terms and Conditions on your behalf. A parent or guardian who allows a child to use the Products is responsible for the child’s use of them and accepts these Terms and Conditions for the child.

Please read these Terms and Conditions carefully before downloading, installing, accessing or using our Products. If you are unable to agree to these Terms and Conditions, you must not download, install, access or use the Products or the Services (or any part thereof).

General Conditions

We reserve the right to refuse the Services or the use of our Products to anyone for any reason at any time. Content between the Products and our servers is transmitted over encrypted connections, but transmissions over the internet involve various networks and may be adapted to the technical requirements of connecting networks or devices. The Products do not process payments. The treatment of your personal data is subject to our Privacy Policy available at https://neopets-stem-lab.sdpsg.101.com/privacy, as updated by us from time to time.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

Modifications of Services

We reserve the right at any time to modify, add to or discontinue the Services (or any part or content thereof, including individual episodes) without notice.

We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

No Account

The Products do not require or offer user accounts, and you are not asked to register or to provide any personal information to use them. Your progress, scores, badges, rewards and settings are stored only on your own device. If you delete the Application, clear the Website’s data in your browser, or change or reset your device, this information will be lost and we will not be able to restore it, because we do not hold a copy of it.

Any notices that we may deliver to you in relation to the operation of the Products may be made by posting a notice on the Products (including within the Application or on the Website) or, where you have written to us, by email to the address you used.

Our Services

The Products provide interactive episodes that combine animated stories with virtual experiments, puzzles and questions on school-level science topics, a map of cases set in Neopia, and in-game rewards such as badges and virtual items.

The Services are currently provided free of charge. An internet connection is required to load episodes, videos and other content.

We reserve the right, but are not obligated, to limit our Services or any part of them to any person, geographic region, or jurisdiction. Although the Products may be accessible worldwide, not all features or episodes are available in all languages or in all geographic locations, and the Application is not offered in all App Store countries or regions. Your access to the Products may be suspended during any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services, including for system failures, technical interruptions and scheduled maintenance, without any liability to you.

Accuracy, Completeness And Timeliness Of Information

The science content in the Products is designed for general learning and entertainment. It may be simplified for young learners, and the stories are fictional. We try to keep it accurate, but we are not responsible if information made available on the Products is not complete, accurate or current, and it should not be relied upon as the sole basis for decisions or as a substitute for teaching, professional or safety advice. Any reliance on the content in the Products is at your own risk. No content obtained by you from the Products shall create any warranty not expressly stated by us in these Terms and Conditions.

Experiments in the Products are virtual. Do not try to repeat any experiment, mix substances or handle chemicals, heat, electricity or other hazards in real life without the direct supervision of a qualified adult and appropriate safety equipment.

Some episodes, videos, images and voices in the Products were produced by our team with the help of generative artificial intelligence tools and were reviewed before release. The Products do not contain interactive AI features and do not generate content from your input.

You are responsible for updating to the latest version of the Application to ensure the normal functioning of the Products. We recommend that you update as soon as possible, and you agree that any consequences arising from the continued use of an old or discontinued version will be borne by you.

Intellectual Property

We or our licensors own all rights, title and interest in and to the Products and Services and the “look and feel” of the Products, including all software, stories, characters, artwork, videos, audio, text, data, domain names, trademarks, logos and copyrights (collectively, “Product Content”). Neopets and related characters, names and marks are owned by World of Neopets Limited or its licensor and are used under licence. The Products are protected under the laws of Hong Kong and applicable international laws.

Subject to these Terms and Conditions, we grant you a limited, personal, non-exclusive, non-transferable, revocable, non-sublicensable licence to download, install and use the Application on Apple-branded devices that you own or control, and to use the Website, for personal, non-commercial educational and entertainment purposes, including non-commercial classroom use by teachers. You may not duplicate, copy, distribute or reuse any portion of the Product Content without our prior written consent.

User Content

The Products do not allow you to upload, post or publish content, and there are no chat, messaging or social features. Messages and feedback you send us are covered by the section “User Comments, Feedback And Other Submissions” below.

Acceptable Use Policy

Your use of the Products shall comply with the acceptable use policy set forth below. We may suspend your access to the Products if we find your conduct in violation of these Terms and Conditions (including this Acceptable Use Policy) or applicable laws.

You hereby agree not to:

(a) copy, modify, alter, adapt, translate, reverse engineer, disassemble, decompile, create derivative works from, or distribute the Application or any content from our Services, except as permitted by applicable law;

(b) alter, remove, tamper with, copy, display or use our trademarks, the Neopets marks or any other intellectual property for any purpose not explicitly authorised in these Terms and Conditions;

(d) use cheats, automation software, bots, scrapers or other unauthorised third-party software to access, collect data from, or interfere with the Products;

(e) transmit any virus or other code, or use any technological means, intended to or that may disrupt, damage, overload or interfere with the Products, our servers or networks;

(f) attempt to gain unauthorised access to the Products, our servers or any related systems;

(g) access our Products and Services to obtain information to build a similar or competitive website, application or otherwise;

(h) use the Products and Services for any illegal or unauthorised purpose, or in violation of any applicable laws or the rights of third parties;

(i) display the Products within a frame or by any other non-standard linking method, or redistribute any content from the Products, unless expressly authorised by us; or

(j) advocate, encourage or assist any third party in doing any of the foregoing.

Official Service

You agree to use the Services only as offered by us on the Products, and not through any other means. You further agree not to create or provide any other means through which the Services may be accessed or used by others, and not to create, publish, distribute or use any software, emulator or tool derived from or created for the Services, unless expressly permitted by these Terms and Conditions.

Fees and Virtual Items

The Products currently contain no in-app purchases, subscriptions or advertising. Badges, rewards, in-game currency and other virtual items earned in the Products have no monetary value, cannot be purchased, sold, transferred or exchanged for money or anything of value, and may be changed or removed by us as the Products are updated. If we introduce paid features in the future, they will be subject to additional terms that will be shown to you, and to parental consent where required by law, before any purchase.

We are not responsible for any other fees or costs you pay in order to use the Products, including fees to access the internet, mobile data charges, or the cost of devices.

Third Party Content and Interactions

The Products may contain links to, or features that provide access to, third-party content, websites or services that are not affiliated with us. We do not examine or evaluate such content and do not warrant and will not have any liability or responsibility for third-party materials, websites, products or services. Please review the third party’s policies and practices before engaging with them; complaints, claims or questions regarding third-party products should be directed to the third party.

App Store Terms

If you obtained the Application from Apple’s App Store, the following also apply:

(a) these Terms and Conditions are concluded between you and us only, and not with Apple Inc. (“Apple”); we, not Apple, are solely responsible for the Application and its content;

(b) the licence granted to you is limited to using the Application on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed by other accounts associated with you via Family Sharing;

(d) in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Application;

(e) we, not Apple, are responsible for addressing any claims by you or any third party relating to the Application or your possession and use of it, including product liability claims, claims that the Application fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation;

(f) in the event of any third-party claim that the Application or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim;

(g) you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

(h) you must comply with applicable third-party terms of agreement when using the Application; and

(i) Apple and its subsidiaries are third-party beneficiaries of these Terms and Conditions, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary.

User Comments, Feedback And Other Submissions

If you send us creative ideas, suggestions, proposals or other materials, whether by email, through TestFlight beta feedback or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you send to us. We are under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

You agree that your Comments will not violate any rights of any third party, will not contain unlawful, abusive or obscene material or any malware, and will not mislead us as to their origin. Please do not include sensitive information, or a child’s personal details or image, in your Comments.

Personal Data Protection

Any personal data processed in connection with the Products, such as standard network request information and information in emails you send us, is governed by our Privacy Policy, which can be accessed at https://neopets-stem-lab.sdpsg.101.com/privacy.

Copyright and Intellectual Property Policy

We are committed to protecting the intellectual property of the rightful owners. If you believe that your material has been copied in a way that constitutes copyright infringement, please send the following information by email to edacn@101.com:

(a) your name, address, and telephone number;

(b) a description of the work that you claim is being infringed;

(c) a description of the material that you claim is infringing and are requesting be removed, with the location of such material;

(d) a statement that you have “a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law”;

(e) an electronic signature of the copyright owner (or a person authorised to act for the copyright owner); and

(f) a statement by you that the information you are providing is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner.

We have the right not to process your request if you do not comply with these requirements.

Complaints and Disputes Handling

If you believe that any content appearing on the Products violates your rights or is otherwise inappropriate for children, please report it to us at edacn@101.com. We will acknowledge receipt of your complaint within 5 business days and look into it. We may remove or suspend access to the content concerned pending our determination. We have the final determination in all complaints, without prejudice to any rights you may have under applicable law.

Interruption of Services or Products

We reserve the right to interrupt the Services and/or Products from time to time, on a scheduled basis or otherwise, with or without prior notice, in order to perform maintenance. You acknowledge that the Services and/or Products may be interrupted for reasons beyond our control, and we cannot guarantee that you will be able to access them whenever you wish. We shall not be liable for any interruption, delay or failure to perform resulting from any causes beyond our reasonable control.

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent, or warrant that your use of our Products will be uninterrupted, timely, secure, or error-free, or that the information and content provided on the Products will be accurate or reliable. You agree that from time to time we may remove the Products or any content for indefinite periods of time, or cancel any of our Services, without notice to you.

You expressly agree that your use of, or inability to use, the Products is at your sole risk. The Products and Services are provided on an “as is” and “as available” basis, without any representation, warranties or conditions of any kind, either express or implied, to the extent permitted by law, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by applicable laws, we shall have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Products, including from any attempt to carry out an experiment in real life; (iii) any unauthorised access to or use of our servers; (iv) any interruption of transmission to or from our Products; (v) any bugs, viruses or the like that may be transmitted to or through our Products by any third party; or (vi) any loss of progress or other data stored on your device.

To the fullest extent permitted by applicable laws, in no event will we be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) arising out of or in connection with these Terms and Conditions, however caused, whether in contract, warranty, tort (including negligence), strict liability or otherwise. Nothing in these Terms and Conditions excludes or limits any liability that cannot be excluded or limited under applicable law, including your statutory rights as a consumer.

Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, licensors, partners, officers, directors, agents, contractors, service providers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your violation of any law or the rights of a third party.

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions; such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate them at any time by ceasing to use the Products and deleting the Application. We may also terminate these Terms and Conditions, or suspend your access to the Products, at any time if in our reasonable judgement you have failed to comply with any term or provision of them. Upon termination, the licence granted to you ends and you must stop using the Products. All provisions of these Terms and Conditions that by their nature are intended to survive termination will survive.

Equitable Remedies

You agree that we would suffer irreparable damage if these Terms and Conditions were not specifically enforced, and that we shall therefore be entitled to appropriate equitable remedies with respect to any breach, in addition to any other remedies available to us under applicable laws.

Waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms and Conditions, our Privacy Policy and any policies or operating rules posted by us on the Products constitute the entire agreement and understanding between you and us and govern your use of the Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Governing Law and Dispute Resolution

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by, and construed in accordance with, the laws of Hong Kong Special Administrative Region (“Hong Kong”).

Any dispute, controversy, difference or claim arising out of or relating to these Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

Discrepancy

These Terms and Conditions are officially published in English. If these Terms and Conditions are translated into other languages, the English version shall prevail.

Changes To Terms and Conditions

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates on the Products. For material changes, we will also tell you through the Application or the Website before they take effect. Your continued use of the Products after the changes take effect constitutes acceptance of those changes.

Contact Information

Questions about the Terms and Conditions should be sent to us at edacn@101.com.

I CERTIFY THAT I HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND, IF I AM ACCEPTING THEM FOR A CHILD, THAT I AM THE CHILD’S PARENT OR LEGAL GUARDIAN.