End User License Agreement (EULA)

Mar 10, 2026

Important: Please read this End User License Agreement (EULA) carefully before continuing to use this game.

This EULA contains a binding arbitration clause and class action waiver. This EULA (the “Agreement”) applies to the game provided by Upstairs Games LTD (Upstairs Games).

NOTICE TO PURCHASERS: Your purchase of the Service provides you with a license to use the Service under the terms of this Agreement - it is not a transfer of ownership. When you “buy” or “purchase” the Service, you are acquiring a license to use the Service according to these terms. The full terms and conditions of this license are detailed below.

Acceptance of Terms
By continuing to use the Service, you agree as follows:
1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
2. You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Upstairs Games from time to time; and
3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
Upstairs Games’ License to You
Upstairs Games grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempte to derive the srource code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
Third-Party Platforms
Even though you may have purchased or licensed the Service through a third-party platform (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service. Each Third-Party Platform may have their own separate terms that you must agree to in order to access and use the Service. Additionally, nothing in this Agreement purports to govern or change, in any way, your relationship with any of the Third-Party Platforms under the applicable Third-Party Platform agreements with you, including any Terms of Use, EULA, or any other agreement under which a Third-Party Platform grants users the right to install and use any game.
Streaming and Content Creation
Subject to your compliance with this Agreement, Upstairs Games grants you a limited, revocable license to create videos, streams, screenshots, and other content (“Creator Content”) using the Service for sharing on video platforms and social media, provided that:
1. Creator Content must be freely accessible to viewers (though you may monetize through standard platform features like advertisements or subscriptions)
2. Creator Content must include appropriate attribution to Upstairs Games and the Service
3. Creator Content must comply with this Agreement and all applicable laws
4. Creator Content must not imply any endorsement by or affiliation with Upstairs Games
5. Creator Content must not contain unauthorized third-party intellectual property
6. Upstairs Games reserves the right to revoke this license at any time, with or without cause, by providing notice to you. Upon such notice, you must cease distribution of any Creator Content that includes Service content.

Beta Testing
Upstairs Games may offer beta or other pre-release/non-final versions of the Service (each, a “Beta”) for testing or preview purposes. By participating in a Beta, you acknowledge and agree to the Beta Tester Agreement, found here, which is incorporated into this Agreement by reference.
Support Services
Upstairs Games may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Upstairs Games is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Upstairs Games under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Upstairs Games will be and remain the sole property of Upstairs Games and will be subject to the terms and conditions of this Agreement.

Upstairs Games customer support may be reached by contacting us at support@upstairsgames.com. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to Upstairs Games in connection with Support Services.
Modification, Termination, and Monitoring of the Service
1. Upstairs Games reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Upstairs Games will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
2. Upstairs Games reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.

Trademarks and Copyrights
The Service is owned by Upstairs Games and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Upstairs Games or are used under license from a third party. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Upstairs Games or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.

Intellectual property displayed through the Service is either the property of, or used with permission by, Upstairs Games. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by Upstairs Games on an as-is basis. Upstairs Games expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Upstairs Games makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Upstairs Games, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
Limitation of Liability
You expressly understand and agree that neither Upstairs Games nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Upstairs Games or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against Upstairs Games, as described in Sections 11 and 12 below.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Upstairs Games and its affiliates will be limited to the fullest extent permitted by law.
Indemnification
You agree to indemnify and hold Upstairs Games and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances will Upstairs Games or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service, including any liability based on Upstairs Games’ negligent acts.
Your Personal Information
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at Privacy Policy. You agree that your use of the Service is subject to the Privacy Policy.
Disclosures Required by Law
Upstairs Games reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Upstairs Games reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Upstairs Games to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Upstairs Games harmless from any claims resulting from any action taken by Upstairs Games during or because of its investigations or from any actions taken as a consequence of investigations by either Upstairs Games or law enforcement authorities.
Third-Party Beneficiary
You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary.
Governing Law, Mediation, and Jurisdiction
The Agreement, and all future agreements you enter into with Upstairs Games, unless otherwise indicated on such other agreement, will be governed by the laws of the Israel. This is the case regardless of whether you reside or transact business with Upstairs Games, or any of its affiliates or agents, in Israel or elsewhere. Unless a dispute would be governed by the terms of Section 16 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Rehovot, Israel.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Upstiars Games by sending a message via email to support@upstairsgames.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. If out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
Binding Arbitration
THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND UPSTAIRS GAMES AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.

Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would.

To start an arbitration, you must send an email to support@upstairsgames.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Rehovot, Israel unless the Parties agree to video, phone, or internet connection appearances.

Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Upstairs Games will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.

Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND UPSTAIRS GAMES WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Miscellaneous Terms
1. Agreement Revisions. This Agreement may only be revised in writing by Upstairs Games, or by Upstairs Games’ publication of a new version on the Service.
2. Force Majeure. Upstairs Games is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Upstairs Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Upstairs Games’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Upstairs Games because of this Agreement or your use of the Service.
4. Assignment. Upstairs Games may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Upstairs Games’ prior written consent, and any unauthorized assignment by you will be null and void.
5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
8. Equitable Remedies. You hereby agree that Upstairs Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Upstairs Games with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Upstairs Games with respect to the Service.

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