TERMS OF USE

Last updated: March 16, 2026

In effect from: March 17, 2026

First things first

  1. These Terms of Use (“Terms” or “Agreement”) available at the https://mergegame.app/en/eula.html regulate how you can use our games and other Services that we may offer from time to time. These Terms become a legally binding agreement between you and us from the moment you acquire a license or legal access to our Service, in particular when you buy, receive as a gift, download, install, or start using a Service (whichever is sooner). If you do not agree to these Terms, you may not install, connect to, access or use (or continue to use) the Service.
  1. “Services” means our games ("Games"), mobile applications and software made available by Top App Games in connection with the Games (“Apps”), web pages, websites and social media pages made available by us in connection with the Games (“Sites”), our online store ("Web Shop"), and the software, information, graphics, content, online services, programs and offers accessible through the Games, Apps, Sites and Web Shop made available by Top App Games on any electronic devices (web, mobile, tablet and any other device).
  2. By “us” we mean Top App Games Ltd., a limited liability company with its registered address at Andrea Miaouli, 52, Flat/Office 101, Lakatamia, 2320 Nicosia, Cyprus, its subsidiaries and affiliates. We’ll also refer to ourselves collectively as “we”, “Top App Games” or, well, “ourselves”.
  3. We may refer to you as “User” as well.
  1. Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame. See Clauses 75-90 for more information.
  2. YOU MAY NOT USE SERVICES IF YOU (1) DON’T AGREE TO THIS AGREEMENT, (2) ARE NOT AT LEAST 16 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING AGREEMENT OR DON’T HAVE PARENTAL AUTHORIZATION TO USE OUR GAMES AND/OR SERVICES, OR (3) ARE PROHIBITED FROM ACCESSING OR USING OUR SERVICES BY APPLICABLE LAW.
  3. THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
  4. Your use of the Services may also be subject to additional terms, policies, or guidelines published by Top App Games, including our Privacy Policy, User Content Rules (Exhibit I to this Terms), and any in-game rules or community standards, which may be incorporated into these Terms by reference. By using the Services, you acknowledge and agree to comply with them.

Eligibility

  1. Our Services are available to individuals who are sixteen (16) years of age and over or the age of legal capacity in your jurisdiction (whichever is greater).
  2. IF YOU ARE UNDER THE AGE OF LEGAL CAPACITY (A “MINOR”) IN YOUR JURISDICTION OR STATE OF RESIDENCE, BEFORE ACCESSING OR USING THE SERVICE, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO THESE TERMS. BY PERMITTING A MINOR TO ACCESS OR USE THE SERVICE, A MINOR’S PARENT OR GUARDIAN BECOMES SUBJECT TO THE TERMS AND AGREES TO BE RESPONSIBLE FOR ALL OF THE MINOR’S ACTIVITIES ON THE SERVICE, INCLUDING THE PURCHASE OF ANY VIRTUAL ITEMS (AS DEFINED BELOW).
  3. We reserve the right to request proof of age at any stage. We may block or request parental consent if we suspect you are under the applicable age.
  4. By using the Service, you represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder.

Your Account

  1. In order to access or use some of the features of the Service, you may be required to create an account with us ("Account"). In some cases you may be asked to provide your credentials (username, password) or by signing in via a third-party tool (e.g., Facebook) (collectively, the "Login Information").
  2. By creating or linking an Account you agree to:
  1. keep your Login Information secure and confidential;
  2. not share your Login Information with anyone else;
  3. not create an Account using false information or on behalf of another person, including by misrepresenting your age, and
  4. not sell, rent, license, transfer, or otherwise make your Account or Login Information available to any third party.
  1. You will be responsible for all uses of your Login Information, including any use of your credit card or other payment instrument, purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, or otherwise discover security or vulnerability issues related to the Service you must immediately notify us at support@topapp.games and modify your Login Information. To the maximum extent permitted by applicable law, we will not be liable to you for any loss or damage you may suffer as a result of unauthorized access to your Account and/or use of your Login Information in connection with our Services.
  2. You must provide accurate and complete information when creating an Account, and to update your information (including any contact information) promptly upon any change.
  3. We reserve the right to remove or reclaim any username at any time and for any reason, including in case of claims by a third party that a username violates any third party's rights or otherwise violate these Terms. We also reserve the right to take other actions in connection with your Account when necessary to investigate or resolve technical issues or other problems related to the Service.
  4. If you wish to remove the Games from your device, you can uninstall them. If you wish to terminate or close your Account, you may do so by contacting us at support@topapp.games or via “Delete Account” option within the Games’ settings. Your Account will be terminated and removed within a reasonable timeframe following our receipt of your written request, and from the date of termination you will no longer be able to access your Account, including any Virtual Items or other Games Content (both terms as defined below) associated therewith.

Platform Provider Rules

  1. In the event that you are using the Service through a third-party website or application, social network, platform or store (e.g. App Store or Google Play) ("Platform"), you must comply with the terms of use or services of such Platform ("Platform Terms"), in addition to these Terms, and the Platform's privacy policy will apply to any of your interactions with the Platform. The Platform Terms are incorporated into these Terms by reference such that a violation by you of the Platform Terms shall be deemed a violation of these Terms. In the event of a conflict between these Terms and the Platform Terms, the Platform Terms shall control solely to the extent the conflict relates to the rights or obligations of the Platform and not of us.
  2. [Apple specific clause] If you have downloaded the Service from Apple, Inc. or its affiliates ("Apple") or if you are using the Service on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple. These Terms are between you and Top App Games only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service infringes that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Virtual Items and Purchases

  1. In the course of using the Service you may win, earn or alternatively purchase, with real-world money, certain virtual currency, items, prizes or other digital features ("Virtual Items") for use within our Services.
  2. [Nature of Virtual Items] Virtual Items are digital content that exist solely within our Services and have no monetary or real-world value. You are not obligated, at any time, to purchase any Virtual Items.
  3. You may not purchase or sell Virtual Items outside the Service or attempt to sell in the "real world" anything that appears or originates in the Service at any time. Any such attempted sale shall be null and void and may result in termination of your Account and legal action taken against you. You may trade Virtual Items within a Game, but only where expressly permitted by Game rules and never for any real-money consideration. We retain the right to manage, regulate, control, modify and delete Virtual Items at our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights.
  4. All Virtual Items are licensed, not sold. You understand that you have no right or title in the Virtual Items appearing or originating in any Game, whether "earned" in a Game or "purchased", or in any other attributes associated with an Account or stored on the Service. We grant you a limited license to Virtual Items for your personal use within the Game, as set out in more detail in Clauses 33-35 of these Terms. We may selectively remove or revoke your license to use or associate Virtual Items with your Account without notice at our sole discretion. We reserve the right to add, modify, restrict, or remove Virtual Items at any time, including adjusting their functionality, availability, or price, with or without notice.
  5. From time to time, and only where permitted under applicable Platform Terms, local regulations, and our own policies, we may make certain Virtual Items available for purchase through additional methods, including (i) our Web Shop, and/or (ii) purchase flows made available within the Service using alternative payment providers (“Direct Purchases”). The availability, functionality, and pricing of such purchasing methods may vary by storefront, jurisdiction, device, account configuration, or other factors, and we may introduce, modify, limit, or withdraw any such purchasing methods at any time at our sole discretion. Web Shop or Direct Purchases may redirect you outside the Service and any purchase made through these additional purchasing methods may be subject to additional terms and conditions imposed by the relevant payment provider or service operator.
  6. Virtual Items may only be held by legal residents of jurisdictions where access to and use of the Games are permitted. We reserve the right to refuse your request to purchase or acquire Virtual Items for any reason. When you purchase Virtual Items, they will reside in your Account until discharged through use of the Service, unless removed or revoked by us. Depending on your Platform, any Virtual Item purchased from your Platform will be subject to its terms and conditions and user agreement of such Platform. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights, you should check with your Platform before making a purchase.
  7. When purchasing Virtual Items, you agree to pay the applicable charges for your purchase, including applicable taxes, through the Web Shop or Platform, as applicable. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction, your purchase will be fulfilled to you as soon as possible; we will endeavor to fulfill your order immediately at the point of purchase. [For EU-based Users] By purchasing Virtual Items, you request immediate performance of the contract and acknowledge that you lose your right of withdrawal once the digital content is delivered, in accordance with any applicable laws, including Article 16(m) of Directive 2011/83/EU (the EU Consumer Rights Directive).              
  8. If you do not connect the Games on a device to your Account (directly or through your social network account), then we will not be able to restore any Virtual Items (whether purchased by, or otherwise credited or awarded to, you) or other data associated with your Game play to a different device (including if you lose that device or it is damaged) nor to the same device if you delete and reinstall the Game. We will not be liable for any loss or deletion of Virtual Items, whether purchased by you or granted by us without making a purchase, or of any data associated with your play of the Games, from a device not connected to an Account.

Cancellations and Refunds for Purchases

  1. Purchases made through a Platform: Purchases of Virtual Items are final and are not refundable, transferable or exchangeable unless stated otherwise at our discretion. Requests for refunds should be made to the Platform through which they were purchased. Purchases made through a Platform are additionally subject to Platform rules governing refunds and returns.
  2. By purchasing Virtual Items, you acknowledge and agree that (i) the User’s access to the Service may be terminated according to these Terms, and/or (ii) the Service may be discontinued at any time for any reason, and that such events do not give rise to the User’s right to receive a refund of any sums paid for any used or unused Virtual Item.

IN ADDITION, THE CHARGES AND PURCHASES ARE NOT REFUNDABLE IN THE EVENT THAT THE USER IS DISSATISFIED WITH THE GAME.

  1. You agree to notify us about any billing problems or discrepancies within 30 days from the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your Login Information (even if not authorized by you). You understand that we may suspend or terminate your Account if for any reason a charge that you authorized or that was authorized using your Login Information cannot be processed or is returned or unpaid, and if such an event occurs, you shall immediately remit to us payment for such charge through any payment method. In the event your Login Information has been compromised, please notify us immediately and we will use commercially reasonable efforts to reverse any unauthorized charges. If the compromise results from our negligence or breach of these Terms, then we will reimburse you for any resulting loss, provided that you have timely notified us (as required by this paragraph) of the charge.
  2. In the event of what we determine in our sole discretion to be fraudulent or suspicious purchases, or an excessive number of reversals, charge-backs or disputes, we reserve the right to suspend, limit or terminate your access to any of the Services, in addition to any other rights and remedies we may possess under these Terms.
  3. For purchases through our Web Shop or Direct Purchases: Purchases of Virtual Items made through our Web Shop or via Direct Purchases are processed by authorized third-party payment providers acting as the merchant of record. We do not process payments or refunds for such purchases. Cancellations and refunds for Web Shop and Direct Purchases are governed by the refund and cancellation policies of the applicable third-party payment provider, as well as by mandatory applicable laws. Where required by law, such mandatory consumer protection laws shall prevail over any applicable refund policy.
  4. [For EU-based Users] Purchases of digital content may be subject to the statutory right of withdrawal. Where the delivery of Virtual Items occurs immediately upon purchase, EU-based users may be required to expressly request immediate performance of the contract and acknowledge that their right of withdrawal is lost once the digital content has been delivered, in accordance with Article 16(m) of Directive 2011/83/EU and applicable national laws.
  5. Except where refunds are required by applicable law or provided for under the refund policy of the applicable third-party payment provider, purchases of Virtual Items made through the Web Shop or Direct Purchases are final and non-refundable. Once a transaction is completed, it cannot be canceled. We encourage customers to review their orders carefully before making a purchase.

Intellectual Property and Licenses

  1. Top App Games retains any and all rights in the Service (including Virtual Items and all other applications, software, computer codes, themes, objects, characters, character names, animations, stories, concepts, designs, graphics, content, materials, texts, information, pictures, logos, video, recordings, games and game progress, status and scores, titles, sound, music, audio-visual effects, methods of operations, moral rights, documentations, character profile information and other files, and their selection and arrangement) (collectively, "Games Content"), and all intellectual property rights or other proprietary rights in connection therein; and the foregoing together with any and all upgrades, updates, enhancements, improvements, modifications and derivative works are owned, controlled and licensed by us. The Service and all Games Content are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. We retain all rights to use and utilize such Games Content in any form, manner or medium (whether now or in the future developed) for any purpose, without any payment or other compensation to you.
  2. Subject to your agreement and compliance with these Terms, Top App Games grants you a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable, limited scope license to use the Service and Games Content solely as part of the Service, through a supported web browser or mobile device, only for your own, private, non-commercial entertainment purposes and for no other purpose whatever and only pursuant to these Terms, any other rules or terms published by Top App Games from time to time on its website or mobile application and applicable laws. If you violate or if, at any point, you do not agree with any of these Terms, your license to use the Service will be immediately revoked, and you will immediately stop using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you reside, this license shall be treated as null and void, and you must refrain from using the Service.
  3. These Terms convey only a limited revocable right to use the Service in accordance with the Terms. You shall not, nor shall you cause any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Games Content without our explicit, prior written permission.

Your Feedback

  1. We appreciate community feedback and suggestions. If you want to share your experience, ideas or suggestions with respect to our Service (“Feedback”), please contact us at support@topapp.games. If you share your Feedback with us, please know that we are free to decide what to do with it. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback, shall belong exclusively to us. You represent that you are free to do so and that you shall not provide us with Feedback that infringes upon third parties' interests, including intellectual property or privacy rights.

User Conduct

  1. We ask you to respect our effort and be fair to us and to each other, as we are to you. Please don’t do any of the things described in this section. If you do, we'll consider it a “material breach” of these Terms. This means that we may suspend and/or terminate your access to our Services or - in the most serious cases - ban you permanently from using our Services and otherwise enforce our rights under the law and this Agreement (you can find more details in section "Suspension and Termination of Use”).
  2. [No illegal use] Don’t use our Services in a way that is forbidden by any applicable laws or regulations. Follow any applicable geographic or regional, language, or location-based restrictions, requirements, or rules regarding our Games and/or Services.
  3. [No commercial use] Our Games and/or Services are made for you to enjoy. Don’t use them commercially (e.g. to make money) unless we expressly allow that.
  4. [No transfer] Don’t copy, rent, buy, sell, lend, share, lease, sublicense, transfer, distribute, publish, or publicly display our Games and/or Services or any of your rights under this Agreement, unless we expressly allow that in these Terms or it is allowed by the applicable law. Also, don’t steal or misappropriate game keys/codes (all of which remain our property). If you're concerned that any of this has happened to you, contact our Support team.
  5. [No technical misuse] Don’t modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile, or disassemble our Games and/or Services, unless we expressly allow that in this Agreement or it is allowed by the applicable law.
  6. [No hacking or cheating] Don’t create, use, make available and/or distribute cheats. By cheats we mean things like exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, or other software that interact with or affect our Games and/or Services in any way (including any unauthorised third party programs that collect information about our Games and/or Services by reading areas of memory used by our Games and/or Services to store information).
  7. [No sabotaging or impersonating] Don’t deliberately or maliciously interrupt or interfere with our Services like customer or technical support or impersonate our staff.
  8. [No messing with our IT] Don't deliberately or maliciously interfere with, disrupt, or access restricted areas of our or third party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with our software, through protocol emulation, or through creation or use of private servers or any analogous services regarding our Games and/or Services.
  9. [No data mining] Don’t intercept, mine, or otherwise collect personal or confidential data or information from our Games and/or Services. Additionally, don’t reproduce, extract, or otherwise use our Games and Services or any works included there for the purposes of text and/or data mining. This provision constitutes an express reservation of rights for the purposes of Article 4(3) of Directive (EU) 2019/790.
  10. [No name use] Don’t use the names, logos, trademarks or brand features of Top App Games or of our Games and/or Services for any unauthorised purposes.
  11. [No infringing content] Don’t do anything in connection with our Games and/or Services that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other rights of Top App Games and others.
  12. [No malicious code] Don’t upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code, or that may in any way damage or interfere with the operation of our Games and/or Services.
  13. [Don’t be mean] Don't do or say anything or use our Games and/or Services in any way that is or may be considered racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory, or otherwise offensive or illegal.
  14. [No fraud, abuse or unauthorized monetization] Don’t engage in any fraudulent, deceptive or abusive conduct in connection with our Games or Services, including in relation to payment methods, refunds, chargebacks, promotions, advertising or tracking mechanisms. Don’t exploit, abuse or intentionally fail to report any bug, error or unintended feature that provides an unfair or unintended advantage, or assist others in doing so.
  15. [No account, item trading or paid services] Don’t sell, rent, lease, trade, gift, bequeath, transfer or otherwise provide access to your Account or Virtual Items to any third party without our prior written permission, and don’t perform or offer in-Game services (such as power-leveling, item farming or similar services) in exchange for payment or other consideration outside the Games, unless expressly authorized by us.

User Contributions

  1. The Service may contain various forums, chat functions, and other interactive features that allow you to post, submit, publish, display, or transmit to Top App Games and other users, content or materials on or through the Service, including your ability to post or submit teams' names or titles (collectively "User Contributions").
  2. By submitting or posting User Contributions (including submitting or posting a team's title or name), you agree to comply with the following:
  1. You shall not, and shall not permit or cause any other party, to post, upload or submit to the Service any User Contributions, including any content or materials submitted via any interactive features available from within the Service (including submitting or posting a team's title or name), that violates these Terms or that contains or links to Objectionable Content. "Objectionable Content" means content that promotes or links to content that is (i) offensive, harassing, threatening, abusive, inflammatory or racist, (ii) sexually explicit or obscene; (iii) illegal, fraudulent, deceptive, contrary to public policy or that could facilitate the violation of any applicable law, regulation or government policy, (iv) libelous or defamatory, (v) violates the intellectual property, privacy, publicity, moral or any other right of any third party (such as by way of misrepresenting your identity or impersonating a third party), or otherwise injurious to third parties or objectionable, and (vi) software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam".
  2. You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you post or upload at the time of posting, that the User Contributions are accurate and not fraudulent or deceptive, and that the User Contributions do not violate these Terms or the rights of any third party, and will not cause injury to any person or entity.
  3. Any User Contribution that you upload or post will be considered non-confidential and non-proprietary, and you grant to us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Сontribution, regardless of whether your User Contribution is altered or changed in any manner. Top App Games does not claim any ownership rights in your User Contribution and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Contributions. We have no obligation to monitor or enforce your intellectual property rights in or to your User Contributions.
  4. You understand that your User Contributions may be copied by other Users and discussed on and outside of the Service, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. We cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Top App Games shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
  5. You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. We may reject, refuse to post or delete any User Contribution for any or no reason, including, but not limited to, User Contribution that in the sole judgment of Top App Games violates these Terms.
  1. Top App Games takes no responsibility and assumes no liability for any content posted by you or any third party. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Contributions that are offensive, indecent, or otherwise not in line with your expectations. You bear all risks associated with the use of any content available in connection with the Service. Top App Games reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Contribution (including without limitation your content) without notice for any reason at any time. If at any time we choose, in our sole discretion, to monitor the Service, we nonetheless assume no responsibility for User Contribution and assume no obligation to modify or remove any inappropriate User Contributions. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Contributions.
  2. Breach of any of these rules or of any other prohibitions contained in these Terms may subject you to suspension or termination of your Account and right to use the Service, in whole or in part, including by limiting or revoking your rights to use certain features within the Service, or limiting or restricting your Game experience, in our sole discretion, and may subject you to civil or criminal penalties.
  3. As part of the Services, we may offer gameplay experiences that allow you to play with friends or other opponents who are generally matched to your skill level. Some opponents you encounter in the Games may be computer-controlled or otherwise automatically generated players, which are designed to simulate real-player behavior and enhance the gameplay experience. You acknowledge and agree that your interactions with other users through the Services are primarily your responsibility. To the fullest extent permitted by applicable law, the Company is not responsible for the conduct of other users and does not guarantee the accuracy, behavior, or availability of any user-generated interactions.
  4. The Company reserves the right, but does not have the obligation, to monitor, review, or become involved in disputes between Users. You agree to cooperate with the Company in good faith in the investigation of any suspected illegal, fraudulent, or improper activity related to the use of the Services.
  5. We are committed to providing a safe and respectful environment for all users of the Service. If you believe that another user has engaged in conduct that violates these Terms, applicable law, or is otherwise offensive, abusive, harassing, infringing, or inappropriate, you may report such conduct to us at support@topapp.games. 

Intellectual Property Complaints

  1. We respect the intellectual property rights of others and expect users of the Service to do the same. If you believe that any content made available through the Service infringes your intellectual property rights, you may submit a written notice to us at legal@topapp.games. Please note that we will respond only to clear notices containing sufficient information to allow us to identify the allegedly infringing material and evaluate your claim.
  2. Upon receipt of a valid notice, we may, in accordance with applicable law, remove or restrict access to the relevant content and take appropriate action against repeat infringers.
  3. Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
  4. Be informed that we will remove or replace User Contributions only in accordance with applicable law and that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

Suspension and Termination of Use

  1. IN THE EVENT THAT WE SUSPECT THAT YOU HAVE VIOLATED OR MAY VIOLATE ANY OF THESE TERMS, ANY PLATFORM TERMS OR ANY APPLICABLE LAW, OR THAT YOUR ACCOUNT HAS BEEN USED OR MAY BE USED IN SUCH A WAY, OR AS OTHERWISE DETERMINED BY US IN OUR SOLE DISCRETION, THEN WITHOUT DEROGATING FROM ANY REMEDY WHICH WE OR ANY OTHER PARTY (SUCH AS THE PLATFORM) MAY HAVE IN CONNECTION WITH THE FOREGOING, WE MAY, IN OUR SOLE DISCRETION, IMMEDIATELY (WITHOUT NOTICE, EXCEPT WHERE EXPLICITLY PROHIBITED BY APPLICABLE LAW) TERMINATE, LIMIT, SUSPEND OR DELETE YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICE, IN WHOLE OR IN PART (INCLUDING BY LIMITING OR REVOKING YOUR RIGHTS OR ACCESS TO CERTAIN GAMES, GAMES CONTENT OR ANY FEATURE OR FUNCTIONALITY THEREIN). IN SUCH EVENT, YOU WILL FORFEIT ANY CONTINUING RIGHT OR LICENSE TO USE ANY GAMES CONTENT, INCLUDING ANY VIRTUAL ITEM, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU OR ANY OTHER PARTY MAY ALLEGE IN CONNECTION WITH SUCH ACTION. If you have more than one Account, we may terminate all of your Accounts.
  2. We reserve the right to terminate an Account that has been inactive for at least 365 consecutive days. You will not receive money or other compensation for Games Content (including Virtual Items) and User Contributions associated with your Account when it is closed, deleted or otherwise terminated, regardless of whether such action was voluntary or involuntary.
  3. Top App Games further reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof including any feature or functionality available in the Service), at any time and without providing any prior notice.
  4. In the event that Top App Games terminates your Account, you may not use or access the Service again without our express permission. We reserve the right to refuse Accounts for, and to provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at support@topapp.games. 

Disclaimers of Warranties

  1. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITING TOP APP GAMES LIABILITY UNDER THIS SECTION, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TOP APP GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  2. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you. Nothing in these Terms is intended to exclude or limit any mandatory consumer rights that cannot be waived under applicable law, including statutory warranties or liability for death or personal injury caused by our negligence, or for fraud or willful misconduct.
  3. [For California-based Users]. If you are a resident of California, USA, you expressly agree to waive your rights under California Civil Code Sec. 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR USE OF THE SERVICE OR ANY OTHER ACT OR OMISSION BY US.
  2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TOP APP GAMES, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID TOP APP GAMES ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TOP APP GAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
  3. YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
  4. Depending on where you reside and use the Service, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.

Indemnity

  1. You agree to indemnify, defend and hold Top App Games (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

Governing Law

  1. These Terms, your use of the Service and our entire relationship will be interpreted in accordance with and governed by the laws of Cyprus without regard to conflict- or choice-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.
  2. [If your Country of Residence (as defined below) is the United States or Canada], the agreement to arbitrate contained in Clauses 79-85, its scope, validity, severability and enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.
  3. [If your Country of Residence is in the European Economic Area, Switzerland or the United Kingdom], you also have rights protecting you under the mandatory provisions of the law applicable in your Country of Residence, and no provision in Clauses 79-88 shall exclude or restrict any of your statutory rights you may have as a consumer that are not permitted to be so excluded or restricted.
  4. In the event that you have opted out of arbitration (as set out below) or that the agreement to arbitrate is otherwise found not to apply to you or your claim, you and Top App Games agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Nicosia, Cyprus. Both you and Top App Games consent to venue and personal jurisdiction there. Notwithstanding the foregoing, you and Top App Games may bring an action in any court of competent jurisdiction (i) to compel arbitration pursuant to Clauses 79-85 below, (ii) to enforce an arbitral award issued thereunder, or (iii) as expressly set out in the present Clause.
  5. "Country of Residence" for purposes of this Section and the Section “Dispute Resolution” means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY

  1. Clauses from this Section affect your legal rights and, for certain users, requires the resolution of disputes through individual arbitration rather than in court.

Clauses 79-85 apply to you if your Country of Residence is the United States or Canada. They do not apply to you if you are a resident of any other country.

  1. Informal Resolution of Disputes. If you have an issue that our customer support can't resolve, you and Top App Games agree to try to informally resolve any dispute directly with each other for at least thirty (30) days before starting an arbitration. The informal dispute resolution process starts when you give us a written notice of the dispute through legal@topapp.games (“Dispute Notice”). In your Dispute Notice you agree to include your name, any relevant Account data you use, mailing address, how best to contact you, what the problem is, and how you would like us to resolve the problem. If Top App Games has a dispute with you, we will send its Notice of Dispute to any email address you have associated with your Account. All applicable statutes of limitations will be considered tolled beginning on the day a Dispute Notice is received as described herein. Except in the case of a Mass Arbitration (see below), this tolling shall end either on the date an arbitration is filed or thirty (30) days after submission of the Dispute Notice, whichever is earlier. If your problem can’t be resolved by this informal dispute resolution process, you or Top App Games may initiate an arbitration in accordance with these Terms, as described below. In the case that we cannot identify an email address or billing address associated with your Account, this Section shall not apply to Top App Games, and it may immediately initiate an arbitration, as follows.
  2. Agreement to Arbitrate (U.S. and Canada Users Only). If your Country of Residence is the United States or Canada, you and Top App Games agree that, to the maximum extent permitted by applicable law, any Dispute shall be resolved exclusively through final and binding arbitration on an individual basis (meaning the Dispute is solely between you and Top App Games), rather than in court. This agreement to arbitrate applies to all Disputes, whether arising before or after your acceptance of these Terms, including Disputes relating to the enforceability, validity, scope or interpretation of this arbitration agreement.
  3. Arbitration Procedures (U.S. and Canada). Arbitration shall be administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures in effect at the time the arbitration is initiated. Arbitration shall be conducted by a single neutral arbitrator. The arbitration may be conducted remotely (by video or telephone), unless otherwise required by the arbitrator. The arbitrator may award any relief that would be available in an individual action in court, to the extent permitted by applicable law. JAMS rules shall govern the allocation of arbitration fees and costs.
  4. Exceptions to Agreement to arbitrate. You and Top App Games agree that the informal dispute resolution process in Clause 79 and arbitration agreement in 80 will not apply to the following disputes:
  1. claims about Top App Games’ intellectual property, such as claims to enforce, protect, or concerning the validity of Top App Games’ copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights;
  2. claims related to piracy or tortious interference;
  3. claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration;
  4. claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Clause 76.

  1. Class Action and Representative Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TOP APP GAMES AGREE THAT: (i) disputes shall be brought only in an individual capacity; (ii) neither party may bring or participate in any class, collective, representative, private attorney general, or mass action or arbitration; (iii) no Dispute may be consolidated with another proceeding without the express consent of all parties and (iv) the arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes. If this waiver is found unenforceable with respect to a particular Dispute, then the agreement to arbitrate shall not apply to that Dispute, and it shall instead be resolved in accordance with the Governing Law and jurisdiction provisions of these Terms.
  2. Mass Arbitration. If 25 or more similar arbitration demands are submitted against Top App Games by or with the assistance of the same law firm or coordinated group of law firms, organizations, or with representation that is consistent or coordinated across the cases, the parties agree that JAMS may apply batching or coordination procedures designed to promote efficiency and fairness, to the extent permitted under JAMS rules and applicable law. Nothing in this Section limits either party’s right to assert individual claims.
  3. Opt-Out of Arbitration (U.S. and Canada). You may opt out of this agreement to arbitrate by sending a written notice within 30 days of first accepting these Terms.Your opt-out notice must include: (i) your full name; (ii) the email address associated with your Account; and (iii) a clear statement that you wish to opt out of arbitration. Opt-out notices must be sent to legal@topapp.games with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. Opting out of arbitration will not affect your ability to use the Service, but disputes will then be resolved exclusively in court as set out in the “Governing Law” Section.
  4. Alternative and Online Dispute Resolution. If you are a consumer based in the EU or EEA, you may make use of the Online Dispute Resolution platform  offered by the European Commission as an out-of-court alternative to resolve disputes. You may also recourse to alternative dispute resolution and refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile.
  5. Users in the EEA, United Kingdom and Switzerland. If your Country of Residence is in the European Economic Area, the United Kingdom or Switzerland, nothing in this Section limits your right to bring claims before the courts of your Country of Residence, or to rely on any mandatory consumer protections available under applicable law. The arbitration provisions of this Section apply to you only to the extent permitted by applicable law.
  6. Injunctive Relief and Intellectual Property. Nothing in this Section prevents either party from seeking temporary or injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm, including in relation to intellectual property rights, security breaches or unauthorized use of the Service.

Changes to the Agreement

  1. We reserve the right, at our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. We will note the date last revised at the top of the Terms and will provide notice of material changes that affect your rights or obligations through in-app communications or via email if you have provided an email address to us as part of your Account information. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms.

General Provisions

  1. Parties' Intent. If any provision hereof is adjudged by any arbitrator or court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
  2. Rules of Construction. These Terms shall be construed as follows: (i) "includes", "including" and cognates thereof shall be understood to mean "includes without limitation" or "including without limitation"; (ii) unless the context demands otherwise, the word "or" shall have the inclusive meaning identified with the phrase "and/or"; (iii) Section, Clauses and other headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms; and (iv) any reference made in these Terms to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of the Terms is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.
  3. Force Majeure. Top App Games will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that are caused by events outside of our reasonable control.
  4. Waiver. Any failure to enforce any rights granted hereunder or to take action in the event of any breach of these Terms shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  5. Entire Agreement; Assignment; Novation. These Terms are the entire agreement between you and Top App Games regarding the subject matter herein. You agree that we may assign or novate these Terms, in whole or in part, in our sole discretion and that you are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of Top App Games. Any unauthorized assignment will be void and of no force or effect.
  6. Language. The original version of these Terms is in English. In the event of any conflict between the English version and any translated version, the English version shall prevail.
  7. Information, Support or Questions. For information, support or questions, please contact us at support@topapp.games.

Previous versions of the page

Exhibit I

User Content Rules

These Rules apply to all Services made available by Top App Games.

Our goal is to keep our Games safe, fair, and enjoyable for everyone. To do that, we take harmful, illegal, or abusive content seriously and expect all Users to follow these Rules when interacting with others or sharing content through the Service.

By using the Service, you agree to comply with these Rules.

What Is User Content

“User Content” means any content or material that Users create, upload, share, transmit, or otherwise make available through the Service. This may include, for example:

General Principles

When using the Service, please:

You are solely responsible for the User Content you share through the Service.

Prohibited Content and Conduct

The following types of content and behavior are not allowed in the Service. This list is not exhaustive.

Harassment, Hate, and Abuse

Spam, Scams, and Fraud

Violence and Public Safety

Child Safety

Self-Harm and Dangerous Behavior

Prohibited or Restricted Products

Adult or Sexual Content

Other Illegal or Harmful Content

Automated Filters and Moderation Tools

To help maintain a safe and enjoyable environment, our Games may use automated tools, such as profanity or offensive language filters, to detect or restrict certain content (including hyperlinks).

Automated tools are not perfect and may sometimes incorrectly flag or fail to detect content. Final moderation decisions may involve human review where appropriate.

Reporting Harmful Content

If you encounter content or behavior that you believe violates these Rules, you can report it using (i) the in-game reporting tools or support channels provided in the Service or (ii) by email at support@topapp.games.

When reporting, please:

Reports are reviewed by our support or moderation teams, and appropriate action may be taken based on our assessment.

Enforcement and Consequences

If we determine that User Content or conduct violates these Rules, we may take action, which can include:

Enforcement actions depend on the nature and severity of the violation and may be taken without prior notice, subject to applicable law.

Appeals

If you believe that enforcement action was taken in error, you may submit an appeal through (i) the reporting or support mechanisms available in the Service or (ii) via email at support@topapp.games. We will review appeals in good faith. Some enforcement actions, however, may be final where permitted by law.

Cooperation and Legal Obligations

You agree to cooperate with us in investigating suspected illegal, fraudulent, or improper activity related to the Service.

We may retain, review, or disclose User Content where required to comply with applicable law, lawful requests from authorities, or to protect the rights, safety, or security of Users or the Service.

No Monitoring Obligation

We do not actively monitor all User Content and are not responsible for content shared by Users. The presence of moderation tools or enforcement actions does not create an obligation to monitor the Service or guarantee that all harmful content will be detected or removed.

Updates to These Rules

We may update these Rules from time to time. The latest version will always be available through the Service or our website. Continued use of the Service after an update means you accept the revised Rules.

Incorporation and Interpretation

These Rules form an integral part of, and are incorporated by reference into, the Top App Games Terms of Use governing your access to and use of the Service. Unless otherwise expressly defined in these Rules, all capitalized terms used herein shall have the meanings assigned to them in the Terms of Use.

In the event of any inconsistency between these Rules and the Terms of Use, the Terms of Use shall prevail to the extent of such inconsistency, unless applicable law requires otherwise.

To keep our games fun and safe for everyone, please follow these rules:

Further in these Rules we explain what we do to enforce it and create a safe player environment.

Offensive Language Filter

Our Games use an offensive language filter to prohibit the use of offensive / obscene words and help maintain an enjoyable atmosphere in the game. The filter is powered by automated means.

Reporting of Harmful Content

If you believe you’ve come across harmful content shared by another player in our games, you can report it using the Report / Appeal button below. Once we receive your report, our Support Team will carefully review it, decide whether action should be taken, and let you know the result by email.

If harmful content is detected, we will remove or modify it and, where appropriate, apply restrictions to the account of the player who shared it, such as restrictions on communication features and/ or account ban.

What counts as harmful content?

Content may be shared by players by sending messages in team chats, choosing a Username or a team name, and can sometimes be in breach of laws (such as threats of violence) or otherwise harmful (such as sharing pornographic content). Below, we explain key categories of harmful content:

How to Report
To report harmful content, simply press the Report/Appeal button at the end of this article, describe harmful content in detail so that we can locate it and attach a screenshot whenever possible.

Please also select a category of harmful content carefully when reporting, to help our Support Team review it and get back to you sooner. If none of the categories seem to fit, please choose Other Illegal or Harmful Content.

Please only use the Report /Appeal button to report harmful content shared by another player in our games, or to appeal a decision made on such a report. If you have any other complaint or question, please contact us through the relevant section of the Support page.

Appeal a Decision
Sometimes mistakes happen, and you may disagree with our decision related to harmful content. If that’s the case, don’t worry, you can let us know! Just submit an appeal through the Report/Appeal button below, and our Support Team will take another look at your case. We’ll review it carefully and get back to you with the outcome.

How we Protect Children from harmful content

We aim to protect children from harmful content in the in-game chats by:

Report & Appeal to support@topapp.games