Terms of Service

Privacy Policy Terms of Service
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Effective date: April 17, 2026 Provider: Upbeat Games Desenvolvimento de Software Ltda. - EPP (doing business as "Upbeat Games"), Alameda Dos Ciprestes, 51, Pinheirinho, Vinhedo - SP, 13281-684, Brasil. Contact: legal@upbeatgames.com.

1. Acceptance

These Terms of Service ("Terms") apply to all websites, mobile apps, games, and other offerings provided by Upbeat Games (collectively, the "Services"). By installing, accessing, or using any Service, you agree to these Terms and our Privacy Policy at https://www.upbeatgames.com/privacy. If you don't agree, don't use the Services. Certain sections below apply only where a Service is a mobile game on iOS or Android — for example, §5 (platform accounts) and §6 (in-app purchases).

2. Age, minors, and parental consent

You must be at least 13 years old to use the Services. If you are between 13 and the age of majority in your country (typically 18), you confirm that your parent or legal guardian has reviewed and accepted these Terms on your behalf. A parent or guardian who accepts these Terms on behalf of a minor is responsible for the minor's use of the Services and for any in-app purchases made through the linked platform account.

If you are under 13, do not use the Services.

3. License to use the Services

Upbeat Games grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install, access, and use the Services on devices you own or control, for personal and non-commercial use. This license ends automatically if you violate these Terms.

4. Restrictions

You may not:

  • reverse-engineer, decompile, disassemble, or otherwise attempt to extract the Services' source code or assets;
  • modify, adapt, or create derivative works of the Services;
  • rent, lease, lend, sell, or sublicense the Services;
  • use cheats, bots, hacks, memory editors, or exploits; use the Services in a way that grants an unfair competitive advantage; or distribute tools intended for such use;
  • interfere with or disrupt the Services, the platform services they use, or other users;
  • use the Services for any unlawful purpose;
  • access the Services from a jurisdiction that is subject to US embargo or export restriction (including Cuba, Iran, North Korea, Syria, Crimea, and regions of Ukraine covered by US sanctions), or if you appear on any US sanctions list.

Violations may result in removal of in-game items (for mobile games), loss of progress, and termination of your license without refund.

5. Platform accounts

Where a Service is a mobile game on iOS or Android, it uses Apple Game Center (iOS) and Google Play Games Services (Android) for authentication, cloud saves, leaderboards, and achievements. You are responsible for the security of your Apple ID and Google Account. We do not control account creation, suspension, or deletion by Apple or Google; if your platform account is terminated by the platform, you may lose access to the affected Service and any cloud-saved progress. Your use of Apple and Google services is governed by their terms.

6. In-app purchases

Applicability. This section applies to Services that offer in-app purchases — currently our mobile games on iOS and Android.

Billing. In-app purchases are processed by Apple (iOS) or Google (Android), not by Upbeat Games. Refund requests must be made to Apple or Google under their respective policies.

Virtual items. In-game currency, boosters, and cosmetic items are licensed to you for use within the applicable Service; you do not own them. They have no real-world value, cannot be transferred, traded, gifted, sold, or exchanged for money, and cannot be refunded by Upbeat Games directly.

Changes. We may modify, remove, or rebalance any virtual item at any time. We will not refund in-game purchases in connection with such changes except where required by law.

Taxes. The platform (Apple or Google) collects and remits applicable taxes. Your receipt from the platform is your transaction record.

7. User-generated content

To the extent the Services allow you to enter text (usernames, cheat-reporting messages, feedback, etc.), you grant Upbeat Games a perpetual, worldwide, royalty-free, sub-licensable license to use, display, and store that text for operating and improving the Services. You warrant that your content is not unlawful, infringing, defamatory, obscene, or hateful. We may remove content that violates these Terms, without notice and without liability.

8. Intellectual property

All artwork, music, code, game design, characters, and other content in the Services are owned by Upbeat Games or its licensors and are protected by copyright, trademark, and other intellectual-property laws. These Terms grant you no right to the content beyond using the Services as licensed in Section 3.

9. DMCA / IP infringement notices

If you believe content in the Services infringes your intellectual property rights, send a notice to legal@upbeatgames.com containing: identification of the work; identification of the infringing material; your contact information; a statement of good-faith belief that the use is unauthorized; a statement made under penalty of perjury that the information is accurate and that you are the rights holder or authorized agent; and your physical or electronic signature.

10. Warranty disclaimer

The Services are provided "AS IS" and "AS AVAILABLE", without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, or error-free behavior. We do not warrant that the Services are compatible with every device, OS version, browser, or network condition, or that your progress will never be lost. For our mobile games, back up your progress using Apple's or Google's cloud-save services. Nothing in this section limits rights that cannot be waived under applicable consumer-protection law.

11. Limitation of liability

To the maximum extent permitted by law, Upbeat Games and its owners, employees, and contractors are not liable for: lost progress, lost virtual items, indirect, incidental, special, consequential, exemplary, or punitive damages; or any damages related to your use of the Services. Our total aggregate liability in any matter related to the Services is limited to the greater of (a) the total in-app purchase fees you paid to the applicable platform for the relevant Service in the 12 months preceding the claim and (b) USD 100. This section does not apply to liability that cannot be excluded or limited under applicable law (for example, liability for gross negligence, willful misconduct, personal injury, or fraud).

12. Indemnification

You agree to indemnify, defend, and hold harmless Upbeat Games, its owners, employees, and contractors from and against any third-party claims, damages, liabilities, and reasonable legal fees arising out of or related to: (a) your use of the Services in breach of these Terms or applicable law, (b) content you submit in the Services, or (c) your infringement of any third party's rights.

13. Termination

We may suspend or terminate your license to use any or all of the Services at any time if you violate these Terms, for legal or regulatory reasons, or if we discontinue a Service. Sections 6 (in-app purchases), 7 (UGC license), 8 (IP), 10 (warranty), 11 (liability), 12 (indemnification), 14 (governing law), 15 (dispute resolution), and general operative provisions survive termination.

14. Governing law and consumer rights

These Terms are governed by the laws of Brazil, excluding conflict-of-laws rules.

If you are a consumer resident in Brazil, the EU, UK, or another jurisdiction with mandatory consumer protection law, nothing in these Terms limits your rights under that law (including the Brazilian Código de Defesa do Consumidor, Law 8.078/1990); you retain the right to bring proceedings in the courts of your country.

15. Dispute resolution

Before filing any legal action, please contact us at legal@upbeatgames.com so we can try to resolve the matter informally. If we cannot resolve a dispute within 60 days of your first notice, either party may pursue the dispute in the appropriate court of Brazil, except where mandatory law requires another forum (including consumer-domicile venue under the Brazilian Código de Defesa do Consumidor).

16. Force majeure

We are not responsible for failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, pandemic, labor disputes, failures of internet service providers, platform outages, or changes in law.

17. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted at https://www.upbeatgames.com/terms with an updated "Effective date". Your continued use of the Services after changes take effect constitutes acceptance of the new Terms. If you do not accept changes, stop using the Services.

18. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or a successor in connection with a merger, acquisition, or sale of assets.

19. No waiver; entire agreement; severability

Our failure to enforce any provision is not a waiver of that or any other provision. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services and supersede prior agreements. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable; the remainder of the Terms will remain in effect.

20. No third-party beneficiaries

Apple, Inc. and Google LLC are third-party beneficiaries of these Terms with respect to the terms that apply to their services (Sections 5, 6, and 12). No other third party has rights under these Terms.

21. Contact

Upbeat Games Desenvolvimento de Software Ltda. - EPP (doing business as "Upbeat Games") Alameda Dos Ciprestes, 51 Pinheirinho Vinhedo - SP, 13281-684, Brasil Email: legal@upbeatgames.com