Terms of Service
Effective September 28, 2026
These terms are between you and Nevermind Software, LLC (“we”), 67 West St, Suite 401, Brooklyn, NY 11222, United States, and cover the photo pop app and its App Clip (the small instant version of the game that opens a board a friend sent you); “the app” means both. By using the app you agree to them. If you do not, do not use the app.
1. Apple’s standard license, plus these terms
photo pop comes from Apple’s App Store and is licensed to you, not sold, under Apple’s Licensed Application End User License Agreement (the “Standard EULA”), which applies to every app on the App Store that does not have its own. These terms add to it. Where they conflict, these terms apply between you and us to the extent the Standard EULA allows. Apple is not a party to these terms, is not responsible for the app or for supporting it, and is a third-party beneficiary of these terms with the right to enforce them against you.
2. The app
photo pop is a puzzle game for a general audience, played with your own photos. You can also share a level you have cleared with friends, as a link, and race each other’s times on it (section 4). You may install and play it on Apple devices you own or control, as the Standard EULA and the App Store’s rules allow. We may update, change, or withdraw the app or any part of it at any time, including levels, modes, power-ups, ads, and the token economy. Some of it needs an internet connection, and ads and purchases depend on Google’s and Apple’s services being available. Our privacy policy says what the app collects and why.
The app shows ads from Google. We do not control or endorse what others advertise, and anything you do with an advertiser is between you and them.
If you are under the age of majority where you live, ask a parent or guardian before buying anything in the app.
3. Tokens, power-ups and purchases
The app has a virtual currency, tokens, that you can spend inside the app on things like continuing a lost level or a power-up. Tokens, and the power-ups you get with them or for free, are a limited license to use a feature of the game, not property and not money:
- They have no value outside the app. They cannot be sold, transferred to anyone else, exchanged, or redeemed for cash or anything else, and we never buy them back.
- A token you spend, or a power-up you use, is used up, whether or not you then win the level.
- You get tokens in the ways the app offers at the time: some come free with a new install, you can buy packs, and you can earn them, by playing (for example, by clearing a level for the first time) or by choosing to watch an ad in the shop. We may add other ways to earn them, and change or stop any of them.
- We may change what tokens and power-ups do, what things cost in tokens, how many tokens a pack holds, what each way of earning pays, and how tokens are counted, at any time. If we change how they are counted, we will convert the balance on your phone so it buys about what it did before. Tokens do not expire.
- Prices can differ between players and over time: for example, the purchase that removes ads may be offered at a lower price to players who have seen several ads.
- Token packs are consumable in-app purchases, and removing ads is a one-time purchase. Apple sells both, and the price is what the App Store shows you, in your currency, when you buy. Apple handles payment and refunds under its own terms (reportaproblem.apple.com); we cannot issue refunds ourselves. Except where the law says otherwise, purchases are final. If Apple refunds a purchase, we may take back what it bought.
- Your balance is kept on your phone, not on our servers. If you delete the app, it is gone and we cannot restore it (restoring your phone from a backup may bring it back). A purchase that went through while the app was closed, or before it could credit the tokens, is credited the next time the app runs.
- Removing ads turns off the ads that play before levels, for the Apple ID that bought it; Restore purchases in the shop brings it back on another device signed in to that Apple ID. It does not bring back tokens. The ad you can choose to watch in the shop stays available.
- We may end the game. Tokens and power-ups end with it and have no refund value, beyond what Apple’s terms or the law provide.
4. Your photos, and what you share
4.1 Your photos
The app builds its levels from your own photos, on your device. They remain yours, and so do the boards made from them. We claim no ownership of them, and we never receive them unless you share a board (4.2). You are responsible for having the right to use any picture you choose.
When you finish a level you can share its photograph (“this photo”). What you share is yours too. It goes wherever you send it through iOS’s share sheet, never to us, and the terms of wherever you send it apply. You are responsible for what you share, including pictures of other people.
4.2 Boards you share
You can also share a level you have cleared as a board (“this board”): the app uploads that level’s photograph, the board, the moves that prove it can be won, your tag, your time and the taps of your run to our server, and gives you a link. Anyone who has the link can play the board, see its leaderboard, and see the photograph when they clear it. There is no feed or search, but a link can be passed on, and people who see your photo can keep a copy of it (a screenshot, for example) that stopping sharing cannot reach. Our privacy policy says exactly what is sent and how long it is kept.
You keep ownership of your photo and everything else you share. So that we can run the feature, you give us a limited, non-exclusive, royalty-free, worldwide license to store your shared photo, board, tag and times, to copy them (to make the board and resized copies of the photo), and to display them to people who have the board’s link, only to provide the feature and for no other purpose. The license ends when the board is deleted — when you stop sharing it, when it expires 90 days after it was last opened, or when we remove it — except for anything the law requires us to keep. When you post a time to someone else’s board, the same license covers your tag and time, and ends when that board is deleted or the time is removed.
You can stop sharing a board at any time, in the app (“stop sharing” on the level’s share screen) or by emailing us its link.
4.3 What you may not share
We have no tolerance for objectionable content or abusive users. By sharing a board or posting a time you promise that:
- you own the photo or have the right to share it, and sharing it does not infringe anyone’s copyright, trademark, privacy or other rights;
- it is not illegal, and does not show or promote anything illegal;
- it is not sexually explicit, and contains no nudity;
- it is not violent, gory or threatening, and not hateful, harassing, bullying or demeaning toward anyone;
- it does not show anyone who has not agreed to it being shared, and does not show someone else’s private information (such as an address, a document or a screen);
- your tag is not offensive, hateful or impersonating, and your times are ones you really played.
Anything involving the sexual abuse or exploitation of a child is removed, preserved as the law requires, and reported to the National Center for Missing & Exploited Children, which may pass it to law enforcement.
4.4 Boards others share with you
A board someone sends you is theirs, and its photograph belongs to whoever shared it: you may play it and look at the photo in the app, not copy the photo elsewhere without their permission. We do not check boards before they are shared and are not responsible for what others share, but we act on reports (4.5).
4.5 Reports and removal
You can report a board (for its photo) or a name on a leaderboard in the app, and hide a player’s times on your phone. You can also email support@nevermind.llcwith the board’s link and what is wrong. A report hides the board or name from you at once; when several players report the same thing, it is hidden from everyone until we review it. We aim to act on reports within 24 hours: we remove what breaks these terms and may stop the player who shared it from sharing again.
We may remove any board, photo, tag or time, and stop anyone from sharing boards or posting times, at any time, with or without notice, if we believe it breaks these terms or the law, or to protect people or the app. We do not have to explain a removal, and we are not liable for removing something or for not removing it.
4.6 Copyright complaints
If you believe a shared board infringes your copyright, email support@nevermind.llc with: the link to the board; the work you believe is infringed; your name, address, phone number and email; a statement that you believe in good faith that the use is not authorised by the owner, its agent or the law; a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorised to act for the owner; and your physical or electronic signature. We remove material that is the subject of a valid notice. If something you shared was removed and you believe that was a mistake, email us. We stop people who repeatedly infringe from sharing.
4.7 The leaderboard
A board’s leaderboard is for fun. There are no prizes, and a time on it is worth nothing outside the game. Each phone that shows a leaderboard checks every time against the taps that made it and leaves out a time that does not check out, and we may remove any time, or a whole leaderboard, at any time. Times posted with help (power-ups, a continue or a rewind) are marked as helped.
5. What you agree not to do
Do not tamper with the app or its data to change your balance, progress, or the game, or play it with cheats, bots or a modified copy; do not post a time you did not play, or send our server anything the app did not make; do not interfere with its ads, or fake views, taps or purchases; do not share anything section 4.3 forbids, or use shared boards, tags or reports to harass anyone; do not try to find or open boards you were not given a link to, or overload or attack our server; do not use the app in a way that is illegal or that harms us, Apple, or other people; and do not decompile, reverse engineer, or extract the app’s source or assets except where the law expressly allows it.
6. No warranty, and limits on liability
The app is provided as it is and as available. To the fullest extent the law allows, we make no warranties about it, including that it will be available, error-free, or suit your purposes, that any level can be won, or that an ad will always be there to watch; and we are not liable for indirect, incidental, consequential, or special damages, or for lost data, lost progress, or lost tokens. Where liability cannot be excluded, our total liability to you for anything arising from the app is limited to the amount you paid for purchases in the app in the twelve months before the claim. Nothing in these terms limits a liability the law does not allow to be limited, or takes away a right you have as a consumer that cannot be waived; some places do not allow these limits, so they may not fully apply to you.
7. Ending
You can stop using the app and delete it at any time; a board you shared stays on our server until you stop sharing it or it expires (section 4.2), so stop sharing first if you want it gone. We may end your right to use the app, or to share boards, if you break these terms. Sections 3, 4, 6 and 8 survive.
8. Governing law
These terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and any dispute is brought in the state or federal courts in New York County, New York, unless the law where you live gives you the right to something else.
9. Changes to these terms
If these terms change, the new version goes up at the same address with a new date, and a significant change will be noted in the app’s release notes. Continuing to use the app after that is acceptance.
10. Contact
Questions about these terms or the app? Get in touch.
Nevermind Software, LLC67 West St, Suite 401
Brooklyn, NY 11222, United States
support@nevermind.llc