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Terms of Service

Last updated: · Applies to the GoBeast mobile app and toplayer.games

These Terms set out the rules for using GoBeast: what you may do with it, what we own, how subscriptions work, and where our responsibility begins and ends.

Before you publish. This document follows current App Store, Google Play and GDPR disclosure requirements, but it is not legal advice. Have it reviewed by qualified counsel and replace every highlighted field below with your real details before submitting the app.

Acceptance and eligibility

These Terms of Service form a binding agreement between you and [Registered company name], trading as Top Layer Games ([Registered office address]). They govern your use of the GoBeast mobile app, the toplayer.games website and any related services (together, the "Service").

By downloading, installing or using GoBeast you accept these Terms. If you do not accept them, do not use the Service.

You must be at least 13 years old — or 16 where that is the minimum digital consent age in your country — to hold an account. If you are under the age of majority where you live, you confirm that a parent or guardian has reviewed and agreed to these Terms on your behalf.

Licence to use GoBeast

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use one copy of GoBeast on a device you own or control, for your personal, non-commercial entertainment.

This is a licence, not a sale. We reserve every right not expressly granted. You may not:

  • Copy, modify, translate or create derivative works from the Service.
  • Reverse engineer, decompile or disassemble any part of it, except to the extent applicable law expressly permits despite this restriction.
  • Rent, lease, lend, sell, sublicense or commercially exploit the Service.
  • Remove or obscure any copyright, trademark or other proprietary notice.
  • Use the Service to build a competing product, or to train a machine learning model on our assets.

Intellectual property

All rights in the Service are owned by Top Layer Games or our licensors and are protected by copyright, trademark, design and other intellectual property laws.

This includes, without limitation:

  • The GoBeast characters — including Sabo, Nammi and Peter, every evolution stage of each, and all future beasts — together with their names, designs, models, textures, rigs and animations.
  • Visual and audio assets — artwork, icons, user interface designs, illustrations, typography treatments, music and sound effects.
  • Software — the app's source and object code, APIs, server logic, game balance systems and progression algorithms.
  • Brand assets — the names "GoBeast" and "Top Layer Games", the TopLayer.games wordmark, logos and associated trade dress.

You may not use any of these outside the Service without our prior written permission. Fan-made content such as screenshots, video captures and streams of your own gameplay is permitted for non-commercial personal use, provided you credit GoBeast, do not imply we endorse or sponsor your content, and do not use our assets in a way that is misleading or damaging to the brand. We may withdraw this permission at any time.

Your feedback

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it without restriction or compensation. We are not obliged to keep feedback confidential.

User conduct

You agree to use the Service lawfully and respectfully. You must not:

  • Falsify activity data — including using bots, emulators, motion simulators, GPS spoofing or any other method to generate workout data you did not earn.
  • Exploit bugs, glitches or unintended mechanics for advantage instead of reporting them.
  • Use cheats, automation software, modified clients or unauthorised third-party software.
  • Access the Service through anything other than the interfaces we provide, or attempt to probe, scan or breach our systems.
  • Share, sell, transfer or buy accounts, or access an account that is not yours.
  • Harass, threaten, impersonate or abuse other players or our staff.
  • Upload or transmit anything unlawful, infringing, malicious or harmful.
  • Interfere with or place an unreasonable load on the Service or its infrastructure.

Falsifying activity data undermines the entire premise of GoBeast, and we treat it as a serious breach.

Subscriptions, trial and billing

The 7-day free trial

New accounts may be offered seven days of full access. Payment details are collected when the trial begins so access continues without interruption, and the first charge is taken at the end of day seven unless you cancel at least 24 hours before the trial ends. Trials are limited to one per person per platform account.

Auto-renewal

Subscriptions renew automatically for the same period unless you cancel. Your account is charged within 24 hours before the end of the current period at the price shown at purchase. We will give you notice before any price increase takes effect, and you may cancel before it applies.

How to cancel

Manage or cancel your subscription in your App Store or Google Play subscription settings. Deleting the app does not cancel a subscription. On cancelling you keep access until the end of the period you have already paid for. Cancelling during the trial means you are never charged.

Refund policy

Every GoBeast purchase and subscription is sold and processed by the Apple App Store or Google Play, never directly by us. Refunds are therefore issued by the platform under its own policy, and Top Layer Games cannot grant, process or reverse a refund.

How to request one

  • Apple: use reportaproblem.apple.com, or Settings → your name → Media & Purchases → View Account → Purchase History.
  • Google Play: use Google Play → Menu → Payments & subscriptions → Budget & history, or the Google Play refund request form.

What we can do

If a purchase failed, an entitlement did not unlock, or you were charged after cancelling, contact us through the support page. We will investigate, restore any entitlement you are owed, and give you the transaction details you need to support a platform refund request.

Your statutory rights

Nothing in this policy limits any non-waivable right you have under consumer law, including the EU and UK right of withdrawal within 14 days of purchase for digital content, where that right applies and has not been expressly waived at the point of purchase.

Cancelling a subscription is not the same as a refund: cancelling stops future renewals and you keep access until the end of the period already paid for. See section 5 for cancellation.

Virtual items and progression

Beasts, evolution stages, in-game energy, cosmetics and any other virtual item exist only inside GoBeast. They are licensed to you, not sold, and they have no monetary value outside the game. You have no ownership or property right in them, and they cannot be exchanged for money or transferred outside the Service.

We may add, change, rebalance or retire virtual items and game mechanics as the game develops. If your account is terminated for breaching these Terms, any virtual items are forfeited without compensation.

Health and fitness disclaimer

GoBeast is a game, not a medical device and not medical advice. It is not intended to diagnose, treat, cure or prevent any condition, and the activity data it displays is an estimate produced by your device's sensors — it is not clinically accurate.

Consult a qualified healthcare professional before starting or significantly changing any exercise programme, particularly if you are pregnant, have a heart condition, an injury, or any other medical concern. Stop exercising immediately and seek medical attention if you feel unwell, dizzy, short of breath or in pain.

Do not use the app in a way that distracts you from your surroundings while training outdoors. You are solely responsible for exercising safely and within your limits.

Service availability and changes

We aim to keep GoBeast available but we do not guarantee uninterrupted access. The Service may be unavailable during maintenance, updates, or because of factors outside our control.

We may add, modify, suspend or discontinue features at any time. If we discontinue the Service entirely we will give reasonable advance notice in the app and stop charging subscriptions, and where the law requires it we will refund any period paid for but not delivered.

Suspension and termination

You may stop using the Service and delete your account at any time from Settings → Account → Delete account.

We may suspend or terminate your access, with notice where reasonably practicable, if you materially breach these Terms, falsify activity data, or use the Service unlawfully or in a way that harms other players or our systems. Where a breach is capable of remedy we will normally give you a chance to fix it first.

The sections on intellectual property, disclaimers, limitation of liability, indemnity and governing law survive termination.

Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy or quiet enjoyment.

We do not warrant that the Service will be uninterrupted, error-free or secure, that defects will be corrected, or that activity measurements will be accurate.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Nothing in these Terms affects your statutory consumer rights.

Limitation of liability

To the fullest extent permitted by law, Top Layer Games and its officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for loss of profits, revenue, data, goodwill or game progress, arising out of or connected with your use of or inability to use the Service, whether based in contract, tort, negligence, strict liability or otherwise, even if we were advised of the possibility.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Service is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) {F.format('[e.g. GBP 100]')}.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

Indemnity

You agree to indemnify and hold harmless Top Layer Games against any claim, liability, damage, loss or reasonable expense (including legal fees) arising from your breach of these Terms, your misuse of the Service, or your infringement of any third-party right. This does not apply to the extent the claim results from our own negligence or breach, and it does not apply where you are a consumer and applicable law prohibits it.

App Store and Google Play terms

These provisions are required by the platforms and apply in addition to everything above.

Apple App Store

If you obtained GoBeast from the Apple App Store, you acknowledge that:

  • These Terms are between you and Top Layer Games only, not Apple, and Top Layer Games alone is responsible for the app and its content.
  • Apple has no obligation to furnish any maintenance or support for the app.
  • If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
  • Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
  • If a third party claims the app infringes their intellectual property rights, Top Layer Games — not Apple — is solely responsible for the investigation, defence, settlement and discharge of that claim.
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

Google Play

If you obtained GoBeast from Google Play, these Terms are between you and Top Layer Games only, not Google. Your use is also subject to the Google Play Terms of Service, and Google is not responsible for the app or its content.

Changes to these Terms

We may update these Terms as the Service and the law change. The "last updated" date at the top always reflects the current version. If a change is material we will give reasonable notice in the app or by email before it takes effect. Continuing to use the Service after that date means you accept the updated Terms; if you do not, you may stop using the Service and delete your account.

Governing law and disputes

These Terms are governed by the laws of [Governing jurisdiction], without regard to conflict-of-law rules. The courts of [Courts / venue] have exclusive jurisdiction over any dispute.

If you are a consumer in the European Union or the United Kingdom, this does not deprive you of the protection of the mandatory laws of your country of residence, and you may bring proceedings in your local courts. EU consumers may also use the European Commission's Online Dispute Resolution platform.

Before starting formal proceedings, please contact us at legal@toplayer.games — most issues can be resolved quickly and informally.

General

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Top Layer Games regarding the Service.

Severability. If any provision is held unenforceable, the rest remain in full effect and the unenforceable provision is modified to the minimum extent necessary.

No waiver. Our failure to enforce a right is not a waiver of it.

Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.

Contact. Legal notices: legal@toplayer.games, or [Registered office address]. For anything else, use the support page.