Acceptance of the Terms of Service

We are Wplace (“Company”), (“we”) and we operate the website https://wplace.live (the “Site”), as well as other products and services that refer to these legal terms (the “Legal Terms”) (together, the “Services”).

These Terms of Use constitute an adhesion contract entered into between the user and Wplace (“Company”), headquartered in São Paulo – SP – Brazil.

Wplace (“Company”) operates the website https://wplace.live (the “Site”), which overlays a large interactive canvas on the world map, allowing users to collaborate in real time by placing pixels and creating art as a community.

You can contact us by email at: [email protected].

These Legal Terms constitute a legally binding agreement entered into between (“you”), an individual or legal entity, and Wplace (“Company”), regarding your access to and use of the Services. Therefore, the use of the Services is conditioned on your awareness and acceptance of the terms and associated policies, and for this reason, you must read such terms and policies, make sure you have understood them, be aware of all conditions set out in the Terms of Use, and commit to complying with them. THUS, BY ACCESSING OR USING THE SERVICES OF WPLACE (“COMPANY”), YOU DECLARE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE to these Legal Terms. IF YOU DO NOT AGREE, DO NOT use the Services.

By accepting these Terms of Use, you also declare that you have read, understood, and fully agree with our Community Guidelines, available at: https://wplace.live/terms/community-guidelines.

The Code of Conduct is an integral part of these Terms of Use, and the breach of any of its rules or guidelines may result in disciplinary measures, including temporary suspension, functionality restrictions, or permanent account ban.

In the event of suspension or ban arising from a violation of the Terms or the Code of Conduct, the user will lose access to the Services and to any paid items or resources, without the right to a refund of amounts already paid, except where required by applicable law.

Supplementary terms and policies published periodically are also incorporated by reference (e.g.: Privacy Policy, Refund Policy, Code of Conduct). We may amend these Terms at any time, at our discretion. We will notify changes by updating the “Last updated” date. It is your responsibility to review them periodically. Continued use after the publication of changes implies acceptance.

No age restriction for use: The website https://wplace.live (the “Site”) may be used by people of all ages. When the processing of personal data of children and adolescents is involved, we will apply the additional care required by the LGPD and other applicable laws, including collecting consent from a legal guardian when necessary.

We recommend that you print a copy of these Terms for your records.

1. Our Services

The information and functionalities of the Services are not intended for use in jurisdictions where such use is illegal or would subject Wplace to local registration. Anyone who chooses to access the Services from other locations does so on their own initiative and is responsible for complying with applicable local laws.

The Services are not suitable for sector-specific regulations (e.g., HIPAA, FISMA, GLBA). If your interaction is subject to such laws, do not use the Services for these purposes.

2. Intellectual Property Rights

We are the owners or licensees of all rights over the Services, including source code, databases, functionalities, software, designs, audio, video, text, photographs, and graphics (“Content”), as well as trademarks, names, and distinctive signs (“Marks”).

The Content and the Marks are provided “AS IS”, for internal and lawful use of the Services.

Subject to compliance with these Terms and Section 8 (PROHIBITED ACTIVITIES), we grant you a non-exclusive, non-transferable, revocable license to access the Services and download/print parts of the Content to which you have legitimate access, solely for internal use (personal or business).

Except as provided, it is prohibited to copy, distribute, sell, license, or commercially exploit the Services, the Content, or the Marks without prior written authorization ([email protected]).

Submissions: by sending us feedback/ideas, you assign the intellectual property rights over the Submissions to us, authorizing unrestricted and free use.

Contributions: content you publish in interactive areas is visible to other users. By publishing it, you grant us the license described in Section 10.

We may remove/edit Contributions at any time, without notice, if they violate these Terms; we may also suspend accounts and notify authorities when applicable.

3. User Representations

By using the Services, you declare that: (i) your data is truthful and up to date; (ii) you have legal capacity and agree to these Terms; (iii) you will not access the Services by unauthorized automated means; (iv) you will not use the Services for illegal purposes; (v) your use will not violate laws.

No age restriction: people of all ages may use the Services. For the processing of personal data of children and adolescents, we observe the LGPD and, when necessary, obtain consent from a legal guardian.

4. User Registration

You will need to register in order to make contributions on the map. Keep your password confidential, as you will be responsible for all activity under your account.

We may, at our discretion, remove/reclaim and/or change usernames and alliance names that are inappropriate, obscene, or offensive.

5. Products

All products and resources are subject to availability. We may discontinue them at any time. Prices may change without prior notice.

6. Purchases and Payments

Taxes may be added as required. Prices may change at any time. You authorize us to charge upon completing your order and agree that we may correct pricing errors even after a request/payment has been submitted/received. We may refuse orders or limit/cancel quantities per account, payment method, address, or resale pattern.

Condition for access to paid resources/items: any and all access to paid resources, functionalities, or items on the platform is granted in the form of a limited license, conditioned on continuous compliance with these Terms and with the Code of Conduct. In the event of a violation, subject to suspension or termination of your account (see Section 14), you may lose access to paid resources/items with no right to a refund of amounts already paid, except where required by applicable law or by the current Refund Policy.

7. Refund Policy

Refer to the Refund Policy before purchasing: https://wplace.live/terms/return.

Exceptions due to violation: if there is a violation of these Terms or of the Code of Conduct that results in suspension/ban (see Section 14), there will be no refund of amounts already paid, except if applicable law or the Refund Policy provide otherwise.

8. Prohibited Activities

It is forbidden to use the Services for purposes other than those authorized. This includes, among others: deceiving users; bypassing security; defaming/denigrating; harassment; use in violation of laws; uploading malware/spam; unauthorized automation; reverse engineering contrary to law; multi-accounting; explicit content; apologizing for Nazism/hatred; and other conduct set out in the Code of Conduct.

The following are also prohibited, without prejudice to other prohibitions set forth in this document:

• Using bots, scripts, macros, crawlers, automations, or any technical means that interact with, place pixels, or perform actions in the Services in an unauthorized manner;
• Bypassing or attempting to bypass technical limits, including cooldowns, action frequency restrictions, anti-fraud mechanisms, security checks, or anti-abuse systems;
• Performing scraping, massive capture, scanning, or automated extraction of images, data, parts of the canvas, or content of the Services for commercial purposes, redistribution, creation of competing services, or use in third-party models;
• Attempting to circumvent, disable, or impair technical protection measures, authentication, access limitation, canvas integrity, or Wplace infrastructure;
• Copying, reproducing, or exploiting substantial parts of the canvas in real time by automated means, with the aim of replicating, mapping, reconstructing, or creating competing alternatives to the platform;
• Creating multiple accounts to manipulate results, obtain undue advantages, avoid penalties, bypass blocks, or interfere with the operation of the platform (abusive multi-accounting);
• Using data or content generated within Wplace for training AI models, products, or competing services without Wplace’s express authorization;
• Taking any action that harms the normal use of the Services by other users, generates excessive load on servers, or affects the performance, stability, or security of the platform.

9. User-Generated Content

Interactive areas allow for “Contributions” (texts, images, audio, video, art on the canvas, comments, suggestions, personal data, etc.).

By creating Contributions, you declare that you hold the necessary rights/licenses and image authorizations, and that the content is not illegal/offensive/abusive/discriminatory, does not violate third-party rights or laws, and complies with these Terms.

10. License on Contributions

By publishing Contributions, you grant Wplace a worldwide, free, non-exclusive, irrevocable, transferable, and sublicensable license to host, use, copy, reproduce, disclose, sell, republish, archive, store, publicly display/perform, reformat, translate, transmit, extract excerpts, distribute, and create derivative works, for any lawful purposes, including commercial and advertising purposes, in any media and channel.

The license includes the use of name/marks/logos where applicable. You retain ownership. We may edit/reclassify/remove Contributions.

11. Social Media

You may connect third-party accounts. By doing so, you authorize access to the information necessary according to your privacy settings on such services. The relationship with the third party is governed by the third party’s own terms. You may disable the connection at any time.

12. Service Management

We may: (i) monitor violations; (ii) take legal measures and notify authorities; (iii) restrict/limit/disable content; (iv) remove burdensome files; (v) manage the services to protect rights and ensure proper functioning.

Enforcement: the violation of these Terms or of the Code of Conduct may result in suspension/ban, including loss of access to paid resources/items, without refund of amounts already paid, except where required by law or by the Refund Policy (see Sections 6, 7, and 14).

13. Privacy Policy

See: https://wplace.live/terms/privacy. By using the Services, you agree to this policy.

14. Term and Termination

These Terms remain in force while you use the Services. Without limiting other provisions, we may, without notice, deny access, block IPs, suspend, or terminate accounts for any reason, including violations of these Terms, the Code of Conduct, or the law.

Violations of these Terms of Use or of the Code of Conduct may result in temporary account suspension, functionality limitations, or permanent account ban, at Wplace’s sole discretion.

In the event of suspension or ban motivated by violations of rules, policies, or laws, the user will lose the right to access the Services and all items, resources, or benefits acquired, without the possibility of refund of amounts paid, except if applicable law or the Refund Policy provide otherwise.

Consequences of violation: if you violate these Terms or the Code of Conduct, we may suspend or terminate your account and you will lose the right to access the Services and paid resources/items, even if you have made purchases on the platform. There will be no refund of amounts already paid, except where required by applicable law (e.g., CDC/LGPD) or by the current Refund Policy (see Sections 6 and 7).

After termination, we may retain necessary data for legal/audit periods; other data will be handled in accordance with the Privacy Policy (retention and deletion). It is forbidden to create a new account to circumvent penalties.

15. Modifications and Interruptions

We may change/update/suspend/discontinue the Services at any time, with no obligation of continuous updating. We do not guarantee uninterrupted availability; Wplace is not responsible for losses arising from unavailability.

16. Applicable Law (Governing Law)

These Terms will be governed by and construed in accordance with Brazilian law. Any claim or dispute based on these Terms will be resolved exclusively under Brazilian jurisdiction.

17. Dispute Resolution

Any dispute arising out of or related to these Terms will be resolved exclusively under Brazilian jurisdiction, and to speed up the resolution of the controversy, the claim may be submitted to an Arbitration Court.

18. Corrections

The information in the Services may contain errors/inaccuracies/omissions. We reserve the right to correct and update it at any time, without notice.

19. Disclaimer of Warranties

Services are provided “AS IS” and “AS AVAILABLE”. Disclaimer of warranties to the fullest extent permitted by law.

20. Limitation of Liability

In no event shall Wplace, its directors, employees, or agents be liable for indirect/consequential/exemplary/incidental/special/punitive damages, including lost profits, loss of revenue, or data. Total liability will be limited to the amount actually paid by you to Wplace in the 12 months preceding the event, except in situations prohibited by law.

21. Indemnification

You agree to defend, indemnify, and hold Wplace and its affiliates, directors, agents, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) your Contributions; (ii) your use of the Services; (iii) your breach of these Terms; (iv) your breach of any of your representations or warranties set forth herein; (v) your violation of the rights of a third party; or (vi) any overt harmful act toward any other user of the Services.

22. User Data

We will maintain the data necessary for the performance and management of our operations. While we perform routine backups, you remain solely responsible for your data, and Wplace shall not be liable for any loss or corruption thereof. Notwithstanding the foregoing, we acknowledge that this clause does not limit any rights you may have under the Brazilian General Personal Data Protection Law (LGPD) or the Consumer Defense Code (CDC). Wplace is committed to observing the legal bases, retention periods, data subject rights, and other applicable obligations required by law.

23. Electronic Communications, Transactions, and Signatures

You consent to receive electronic communications. Electronic contracts/notices/policies/records satisfy legal requirements for written form. You agree to the use of electronic signatures.

24. General Provisions

These Terms and policies/notices published in the Services constitute the entire agreement. Failure to exercise a right does not imply waiver. We may assign rights/obligations at any time. We are not liable for force majeure events. If any provision is invalid, the remainder remains in effect. No partnership/joint venture/employment/agency is created. These Terms will not be construed against Wplace by reason of having drafted them. You waive defenses based on the electronic form and the absence of a physical signature.

25. Contact Us

To resolve complaints or obtain information: Wplace — [email protected]

26. Data Security and Incident Notification (LGPD and International Equivalents)

WPLACE adopts appropriate technical and administrative measures to protect personal data against unauthorized access, loss, destruction, alteration, or improper disclosure, in accordance with Law No. 13.709/2018 (General Personal Data Protection Law – LGPD) and, when applicable, equivalent regulations, including the European Union General Data Protection Regulation (GDPR) and other international privacy and information security standards.

In the event of a security incident that may cause risk or significant damage to data subjects, WPLACE will notify, within legal deadlines, the Brazilian National Data Protection Authority (ANPD) and affected data subjects, providing at least the information required regarding the nature of the compromised data, the technical and security measures used, the risks involved, the reasons for any delay (if applicable), and the corrective actions taken.

Data subjects may contact WPLACE through the privacy channel indicated in the Privacy Policy to clarify doubts or exercise their rights of access, rectification, deletion, portability, and restriction of processing.