End User License Agreement

This EULA is supplemental to, and should be read together with, our Terms of Service and Privacy Policy, which are incorporated herein by reference.

1. Grant of License

Subject to your compliance with this Agreement, the Licensor grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Software on a compatible mobile device that you own or control, solely for your personal, non-commercial entertainment.

This license is granted for use only — no ownership, title, or intellectual property rights in or to the Software are transferred to you. All rights not expressly granted are reserved by the Licensor.

2. License Restrictions

You agree that you will NOT, and will not permit any third party to:

• Copy, reproduce, distribute, rent, lease, loan, sell, sublicense, assign, or otherwise transfer the Software or any portion thereof.
• Modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent such restriction is expressly prohibited by applicable law.
• Create derivative works based on the Software or any part of it.
• Remove, obscure, or alter any proprietary notices, trademarks, or copyright markings contained in the Software.
• Use the Software to build a competitive product, imitate its design, or copy its features.
• Use any bot, cheat, trainer, mod, hack, exploit, macro, automation script, modified client, or unauthorized third-party software to interact with the Software.
• Interfere with, disrupt, or compromise the integrity or performance of the Software, its servers, advertising networks, or payment systems.
• Exploit bugs, glitches, or undocumented features of the Software to gain an unfair advantage or to obtain in-game currency, points, or rewards without proper payment or play.
• Use the Software for any illegal, fraudulent, infringing, harassing, or harmful purpose, or in any way that violates applicable laws or regulations.
• Attempt to bypass or circumvent any advertising, in-app purchase, security, or authentication mechanism.
• Use the Software in jurisdictions where its use is prohibited by law.

3. Ownership and Intellectual Property

The Software, including but not limited to its source code, object code, gameplay mechanics, level design, user interface, graphics, artwork, icons, logos, fonts, sound effects, music, text, trade dress, and all associated documentation, is owned by the Licensor or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws of Oman, the Sultanate of Oman’s international treaty obligations, and all other applicable jurisdictions.

“Upside,” the Upside logo, and all related names, marks, and slogans are trademarks or service marks of the Licensor. You may not use these marks without the Licensor’s prior written permission. All third-party trademarks, service marks, and trade names referenced in the Software (including but not limited to Apple, Google, Godot Engine, and AdMob) are the property of their respective owners.

4. In-App Purchases and Virtual Currency

The Software offers optional in-app purchases (“IAPs”) of virtual items, including bundles of in-game “Points” (the “Virtual Currency”). All IAPs are processed by the applicable app store (Apple App Store or Google Play Store) and are subject to that store’s terms and billing policies.

4.1 Nature of Virtual Currency

• Points and any other virtual items are licensed, not sold. You do not own them.
• Points have no monetary value and cannot be redeemed, exchanged, transferred, or converted to cash or any legal tender.
• Points are non-transferable between accounts, devices, or users unless expressly permitted by the Licensor.
• Points may be lost if your device data is reset, if you uninstall the Software, or if the Software is discontinued.

4.2 Pricing and Refunds

Prices displayed in the Software are set in the currency of the applicable app store and may vary by region, taxes, or promotions. All IAPs are final and non-refundable, except as required by applicable consumer law or as otherwise provided by the app store’s refund policy. To request a refund, please contact the applicable app store directly (Apple or Google); the Licensor does not directly process refunds.

4.3 Consumable Nature

Point bundles are consumable products. Once purchased, Points are credited to your in-game balance and are considered used once consumed in gameplay (for example, to purchase a golden block).

4.4 Parental Consent

If you are a minor (under the age of legal majority in your jurisdiction), you must have the consent of a parent or legal guardian before making any in-app purchase. The Licensor is not responsible for unauthorized purchases made by minors, and you should use your device’s parental controls to restrict purchases. To the extent required by law, your use of IAPs is subject to the refund and dispute procedures provided by the applicable app store.

5. Advertising

The Software displays advertisements through third-party advertising networks, including Google AdMob. Ads may include banner ads, interstitial ads, and optional rewarded video ads (which, when viewed, may grant in-game benefits such as continuing a run).

Third-party advertising partners may collect information about you to deliver advertising that is more relevant to your interests. See our Privacy Policy for details on data collected, the purposes of processing, and your choices (including opting out of personalized advertising).

Rewards earned by viewing rewarded ads are provided “as is” and may be delayed or unavailable due to technical issues or ad network availability. The Licensor is not liable for ad-related errors.

6. Updates, Modifications, and Availability

The Licensor may, at its sole discretion and without notice, issue updates, patches, or upgrades to the Software, modify its features, or discontinue the Software or any of its features (including servers, leaderboards, IAPs, or advertising) at any time. Your continued use of the Software after any update constitutes your acceptance of the updated Software.

The Licensor does not guarantee that the Software will always be available, uninterrupted, error-free, or compatible with your device or operating system version.

7. User-Generated Content

The Software does not currently provide functionality for users to upload, post, or transmit user-generated content to the Licensor or other users. Any scores, leaderboard entries, or gameplay data are stored locally on your device. If the Licensor introduces features that enable user-generated content in the future, additional terms will apply and will be made available to you.

8. Minimum Age and Parental Controls

The Software is not directed to children under the age of 13 (or the equivalent minimum age of digital consent in your jurisdiction, which may be higher). By using the Software, you represent that you are at least the minimum age required to enter into this Agreement in your jurisdiction, or that a parent or legal guardian has consented on your behalf.

Parents and guardians are responsible for supervising children’s use of the Software and for enabling appropriate parental controls on the device (including restrictions on in-app purchases and advertising).

9. Third-Party Services and Platforms

The Software relies on third-party platforms and services, including but not limited to:

• Apple Inc. — distribution via the Apple App Store and payment processing via StoreKit.
• Google LLC — distribution via the Google Play Store, payment processing via Google Play Billing, and advertising via Google AdMob.
• Godot Engine — open-source game engine licensed under the MIT License.

Your use of these third-party services is governed by their respective terms of service and privacy policies. The Licensor is not responsible for the acts, omissions, or content of these third parties.

10. Apple App Store Additional Terms

If you obtained the Software from the Apple App Store, the following additional terms apply and, in the event of conflict, prevail over the other terms in this Agreement:

• This Agreement is concluded between you and the Licensor only, and not with Apple Inc. (“Apple”). The Licensor, not Apple, is solely responsible for the Software and its content.
• The license granted to you is limited to a non-transferable license to use the Software on any Apple-branded products that you own or control and as permitted by the Usage Rules of the Apple Media Services Terms and Conditions.
• Apple has no obligation to furnish any maintenance or support services with respect to the Software.
• In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Software.
• The Licensor, not Apple, is responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of it, including product liability claims, any claim that the Software fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, the Licensor, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
• You represent and warrant that you are not located in a country 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.
• Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

11. Google Play Additional Terms

If you obtained the Software from the Google Play Store, your use is additionally governed by the Google Play Terms of Service. The Licensor, not Google LLC, is solely responsible for the Software.

12. Privacy

Your privacy is important to us. Our collection and use of personal information in connection with the Software is described in our Privacy Policy, which is incorporated into this Agreement by reference. By using the Software, you consent to the collection, use, and disclosure of information as described in the Privacy Policy.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. The Licensor expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation all implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, accuracy, and any warranties arising from course of dealing or usage of trade.

The Licensor does not warrant that: (a) the Software will meet your requirements; (b) the Software will be uninterrupted, timely, secure, or error-free; (c) any defects in the Software will be corrected; (d) the Software or any server that makes it available are free of viruses or other harmful components; or (e) the results obtained from use of the Software will be accurate or reliable.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted, the above exclusions may not apply to you.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including without limitation damages for loss of profits, goodwill, use, data, virtual currency, virtual items, or other intangible losses, arising out of or in connection with this Agreement or the Software, even if the Licensor has been advised of the possibility of such damages.

THE LICENSOR’S TOTAL CUMULATIVE LIABILITY to you arising out of or relating to this Agreement or your use of the Software, whether in contract, tort (including negligence), or otherwise, shall not exceed the greater of (a) the total amount you paid to the Licensor through the Software in the twelve (12) months preceding the event giving rise to the claim, or (b) five U.S. dollars (USD $5.00).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. To the extent such limitations are not permitted, the above limitations may not apply to you.

15. Indemnification

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

16. Termination

This Agreement is effective until terminated. The Licensor may terminate this Agreement and your license to use the Software at any time, with or without notice, if you breach any term of this Agreement or if required by law. You may terminate this Agreement at any time by uninstalling the Software and ceasing all use.

Upon termination: (a) all rights granted to you under this Agreement will immediately cease; (b) you must uninstall the Software and destroy all copies in your possession; and (c) any unused Virtual Currency or virtual items will be forfeited without compensation.

Sections that by their nature should survive termination (including Ownership, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law) shall survive.

17. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the U.S. Department of State, as well as any similar laws of Oman, the European Union, and other jurisdictions.

18. Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with 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.

Any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be resolved through good-faith negotiation. 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, except that the Licensor may seek injunctive or other equitable relief in any jurisdiction to protect its intellectual property rights.

If you are a consumer resident in a jurisdiction whose mandatory consumer protection laws grant you the right to bring claims in your local courts or under your local law, nothing in this section limits that right.

19. Changes to This Agreement

The Licensor may modify this Agreement from time to time. When we make material changes, we will update the “Last Updated” date and, where practical, notify you through the Software or the applicable app store. Your continued use of the Software after the effective date of any revised Agreement constitutes your acceptance of the revised terms. If you do not agree, you must stop using the Software.

20. General Provisions

20.1 Entire Agreement

This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and the Licensor concerning the Software and supersedes all prior or contemporaneous understandings.

20.2 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

20.3 No Waiver

The failure of the Licensor to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

20.4 Assignment

You may not assign or transfer this Agreement without the prior written consent of the Licensor. The Licensor may assign this Agreement freely.

20.5 Force Majeure

The Licensor will not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, pandemic, strikes, labor disputes, governmental actions, or failures of the internet or telecommunications systems.

20.6 Contact

Questions about this Agreement may be directed to the Licensor through the contact details provided in the app store listing for the Software or within the Software’s in-game support menu.

By downloading, installing, or using Upside, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.

---

← Back to home