Terms of Service

PLEASE READ THESE TERMS CAREFULLY. By downloading, installing, launching, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By accessing or using the Service, you confirm that: (a) you have read and understood these Terms; (b) you agree to be bound by them; and (c) you have the legal capacity to enter into a binding contract. If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and “you” refers to both you and the entity.

These Terms incorporate by reference our End User License Agreement (“EULA”) and Privacy Policy. If any conflict arises between these Terms and the EULA or Privacy Policy, the following order of precedence applies: (1) EULA; (2) Terms of Service; (3) Privacy Policy.

2. Eligibility and Age Requirements

The Service is intended for users who are at least 13 years of age (or the minimum age of digital consent in their jurisdiction, whichever is higher). If you are under 18 or the age of majority in your jurisdiction, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

Parents and guardians are responsible for monitoring children’s use of the Service, including enabling parental controls on the device and restricting in-app purchases. We do not knowingly collect personal information from children under 13; see our Privacy Policy for details.

3. The Service

Upside is a casual mobile stacking game. The Service includes:

• The Game software itself, including all gameplay, graphics, audio, and content.
• A local leaderboard that stores your top scores on your device.
• A virtual currency system called “Points” that you can earn through gameplay or purchase through in-app purchases.
• Optional advertising, including rewarded video ads that can grant in-game rewards.
• Any updates, upgrades, patches, or new features we release.

We may change, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content, without notice or liability.

4. Your Account and Device

The Service does not currently require you to create an account or provide personal information to play. Game progress, points, and leaderboard scores are stored locally on your device. You are responsible for maintaining the security of your device, your app store account, and any payment methods associated with it.

If you uninstall the Game, reset your device, or switch to a new device, you may lose your progress, Points, and leaderboard data. Make sure to use your device’s backup features if you wish to preserve progress across devices.

5. Acceptable Use

You agree to use the Service only for lawful, personal, non-commercial entertainment purposes and in compliance with these Terms, the EULA, and all applicable laws. In addition to the license restrictions in the EULA, you specifically agree NOT to:

• Use any unauthorized third-party software, mods, cheats, hacks, exploits, trainers, macros, scripts, or automation tools in connection with the Service.
• Exploit bugs, glitches, or design errors to gain unfair advantages, accumulate Points, or obtain virtual items without proper gameplay or payment.
• Attempt to access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
• Attempt to probe, scan, or test the vulnerability of the Service or breach any security or authentication measure.
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
• Use the Service in a manner that could damage, disable, overburden, or impair it, or interfere with any other user’s enjoyment of the Service.
• Sell, trade, auction, or attempt to exchange Points, account access, or virtual items for real-world money or anything of value outside the Service.
• Engage in any activity that violates the rights of others, including intellectual property rights, privacy rights, or rights of publicity.

6. Virtual Currency and In-App Purchases

6.1 Points

“Points” (displayed in the Game with the ◆ symbol) are an in-game virtual currency. Points may be used to purchase in-game items such as a “golden block.” You may obtain Points by: (a) earning them through gameplay (1 point per 100 score), or (b) purchasing Point bundles through in-app purchases.

Points are a limited, revocable, non-transferable license to use a virtual currency within the Service. Points have no monetary value, cannot be redeemed for cash or any legal tender, and cannot be exchanged between accounts, devices, or users. Points are forfeited if the Service is terminated, your device is reset, the Game is uninstalled, or your access to the Service is suspended or terminated.

6.2 In-App Purchase Bundles

We offer the following indicative Point bundles (prices may vary by region, currency, promotions, or app store fees):

• Starter Pack — USD $0.99 — 100 Points
• Small Bundle — USD $4.99 — 600 Points
• Medium Bundle — USD $9.99 — 1,400 Points
• Value Bundle — USD $19.99 — 3,200 Points
• Mega Bundle — USD $49.99 — 9,000 Points
• Ultimate Bundle — USD $99.99 — 20,000 Points

Actual pricing, availability, and bundle contents are as displayed within the Service at the time of purchase and take precedence over any listing in these Terms.

6.3 Payment and Billing

All in-app purchases are processed by the applicable app store (Apple App Store via StoreKit, or Google Play Store via Google Play Billing), not by the Company directly. Your payment transaction is governed by the relevant app store’s terms, billing policies, and privacy practices. You are responsible for all charges incurred on your app store account, including applicable taxes.

6.4 Refunds

All in-app purchases are final and non-refundable except (a) as required by applicable consumer protection law, or (b) as provided by the refund policy of the applicable app store. Refund requests should be directed to the app store that processed your purchase (Apple or Google). We do not directly refund in-app purchases.

If you believe a purchase was unauthorized (for example, an unauthorized purchase by a minor), please contact the relevant app store immediately and, where appropriate, contact us through the support channel.

6.5 Pricing and Promotions

Prices of Point bundles may change at any time. Promotions, discounts, or special offers may be made available from time to time at our sole discretion and may be withdrawn without notice. Such promotions do not create any entitlement to future promotions or price reductions.

7. Advertising

The Service is supported in part by advertising. We may display the following ad formats:

• Banner ads displayed during gameplay or on menus.
• Interstitial ads shown between runs or game sessions.
• Rewarded video ads that you may choose to watch in exchange for an in-game reward (such as continuing a run).

Ads are delivered through third-party advertising networks, including Google AdMob and its mediation partners. Ad networks may collect information such as device identifiers, IP address, and interaction data to deliver personalized advertising. See our Privacy Policy for details about ad-related data processing and your opt-out choices.

Rewarded ad rewards are credited only after a successful video play. Technical failures, network issues, or ad-fill unavailability may prevent rewards from being delivered. We are not liable for any inability to watch or complete a rewarded ad.

8. Leaderboards and Fair Play

The Service includes a local leaderboard that tracks your top scores on your device. We reserve the right to reset, modify, or remove leaderboard entries, and to ban or suspend access for users who use cheats, exploits, modified clients, or other unfair means to achieve scores.

9. Intellectual Property

All content and materials included in or made available through the Service — including gameplay mechanics, code, graphics, artwork, logos, icons, music, sound effects, and text — are owned by the Company, its licensors, or third-party content providers and are protected by copyright, trademark, and other intellectual property laws. See the EULA for the specific license granted to you and applicable restrictions.

The Godot Engine is licensed under the MIT License. AdMob, Apple, App Store, Google Play, and other third-party trademarks are the property of their respective owners.

10. Feedback

If you submit ideas, suggestions, feedback, or proposed improvements regarding the Service (“Feedback”), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, modify, reproduce, distribute, and exploit that Feedback for any purpose without obligation or compensation to you. You warrant that any Feedback you provide is your own and does not infringe the rights of any third party.

11. Third-Party Services and Links

The Service may integrate with or link to third-party services, including Apple, Google, AdMob, and other advertising partners. Your use of these third-party services is governed by their own terms of service and privacy policies. We do not control and are not responsible for third-party services, their content, or their practices.

12. Updates and Changes to the Service

We may release updates, patches, or new versions of the Service at any time. Some updates may be required to continue using the Service, and some features may be modified or removed. Your continued use after an update indicates your acceptance of it.

We reserve the right to suspend, discontinue, or terminate the Service (in whole or in part) at any time, with or without notice. Upon termination of the Service, any unused Points or virtual items will be forfeited without refund or compensation, except as required by applicable law.

13. Suspension and Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe that you have violated these Terms, the EULA, applicable law, or the rights of others, or for any other reason we deem appropriate. Upon termination, your license to use the Service immediately ends, and all virtual items and Points in your possession are forfeited.

You may terminate these Terms at any time by uninstalling the Service and ceasing all use. Provisions that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

14. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by applicable law, the Company disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, secure, or error-free; (c) any information obtained through the Service will be accurate or reliable; or (d) any defects will be corrected.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including loss of profits, revenue, data, Points, virtual items, or goodwill, arising out of or relating to these Terms or your use of (or inability to use) the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we were advised of the possibility of such damages.

THE COMPANY’S TOTAL AGGREGATE LIABILITY arising out of or relating to these Terms or the Service, from all causes of action and all theories of liability, shall be limited to the greater of (a) the total amount you paid to the Company through the Service during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) five U.S. dollars (USD $5.00).

Some jurisdictions do not allow certain limitations of liability. To the extent such limitations are not permitted in your jurisdiction, the above limitations may not apply to you, and our liability will be limited to the minimum extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any third party’s rights; or (d) your violation of any applicable law or regulation.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the Sultanate of Oman, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved within sixty (60) days, it shall be submitted to the exclusive jurisdiction of the competent courts of Muscat, Sultanate of Oman, provided that the Company may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

For consumers in the European Economic Area, United Kingdom, and other jurisdictions with mandatory consumer laws: nothing in these Terms limits your right to bring proceedings in your local courts or to rely on mandatory consumer protections under your local law.

18. Dispute Resolution — Informal First

Before initiating any formal dispute, you agree to contact us and attempt to resolve the matter informally. Please describe the nature of the dispute, the relief you are seeking, and how you can be contacted. We will respond in good faith within thirty (30) days.

19. Changes to These Terms

We may revise these Terms at any time. When we make material changes, we will update the “Last Updated” date above and, where practical, notify you through the Service or the applicable app store. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Service.

20. General Provisions

20.1 Entire Agreement

These Terms, together with the EULA and Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous communications.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to achieve the original intent to the extent possible under law.

20.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

20.4 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign or transfer these Terms at our discretion, including in connection with a merger, acquisition, or sale of assets.

20.5 Force Majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, strikes, governmental actions, or failures of internet or telecommunications providers.

20.6 Relationship of the Parties

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and the Company.

20.7 Notices

We may provide notices to you by posting them within the Service, through the applicable app store, or through other reasonable means. You may provide notices to us through the contact method listed in the app store listing or within the Service’s in-game support menu.

20.8 Contact

If you have any questions about these Terms, please contact us through the support channel indicated in the applicable app store listing or within the Service.

By using Upside, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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