Last updated: 4 September 2026
1. Scope and acceptance
These Terms form a binding agreement governing your access to and use of the App and Services. By accessing or using the App or Services, you agree to these Terms. If you do not agree, you must not access or use them.
2. Definitions
2.1 Parties and key documents
“Everplay”, “we”, “us”, and “our” mean Everplay Games Ltd, a company registered in Malta under registration number C 116697 with registered address at Ewropa Business Centre Level 3-701, Triq Dun Karm, Birkirkara, BKR 9034, Malta. “User” and “you” mean the person who accesses or uses the App.
“Terms” means these Terms of Service. “Privacy Policy” means the privacy policy that applies to GooseUp, as made available at https://everplay.gs/PrivacyGooseUp.html .
2.2 App and Services
“App” means the GooseUp mobile application. “Services” means the App and the features and services Everplay makes available through or in connection with it; features not so made available are not Services.
“Program” means the GooseUp rewards program, including the earning, review, redemption, and payout of Coins.
2.3 Portfolio Games
“Portfolio Games” means mobile games made available separately from GooseUp that may be connected to the Program for Qualifying Events. Each Portfolio Game’s standalone use is governed by its own terms of service and privacy policy.
2.4 Coins and qualifying events
“Coins” means virtual in-App units that Everplay may credit for Qualifying Events. Coins may be redeemed only through Cashout and only as provided in these Terms and the Rewards Program Rules.
“Qualifying Event” means a completed activity expressly identified in the Rewards Program Rules.
2.5 Cashouts and payouts
“Cashout” means a request to redeem the entire available wallet balance recorded when the Cashout process begins; partial Cashouts are unavailable. “Cashout Method” means a payment method Everplay makes available in the App for Cashout.
2.6 Identifiers and program rules
“Identifiers” means identifiers Everplay may use to operate the Program, maintain a rewards profile, prevent abuse, or recognize returning Users.
“Rewards Program Rules” means the public rules available at https://everplay.gs/RewardProgramRules.html that describe operational Program details, including Qualifying Events, Coin values, conversion, expiry, forfeiture, and Cashout mechanics.
2.7 Restricted jurisdictions and sanctions
“Restricted Jurisdiction” means a country, territory, region, or location where the App or Cashout is unavailable or use would breach applicable law or sanctions rules. “Sanctions Laws” means applicable economic-sanctions and export-control laws and regulations.
3. Eligibility, age, and jurisdiction
3.1 United States and Android availability
The App is available only on Android devices. The App and Cashout are available only to Users physically located in the United States and only where Everplay makes them available. Everplay may limit or change availability within the United States.
3.2 Age and legal capacity
By using the App, you represent and warrant that:
• You are at least 18 years of age.
• You have full legal capacity to enter into a binding contract.
• Your use of the App complies with applicable law and does not violate a restriction that applies to you.
3.3 Age checks and minor restrictions
The App is intended for Users aged 18 and over. Everplay may verify age or eligibility at any time, including before Cashout. Unless the App states otherwise, Everplay does not promise age verification at download or registration.
If Everplay identifies or reasonably suspects that a User is a minor, it may pause new Coin credits, Cashout, or access while obtaining information needed to resolve the issue.
If the User is confirmed to be a minor, Everplay will close or restrict the User’s access as required by law and will not pay a Cashout to the minor. Any pending Cashout may be paused or stopped. Everplay will hold the minor’s balance, rather than automatically forfeiting it, pending lawful payment to a lawful recipient or other lawful disposition.
3.4 Restricted jurisdictions and sanctions
You must not access or use the App, earn Coins, or request Cashout from a Restricted Jurisdiction or in breach of Sanctions Laws. You must not use a VPN, proxy, Tor network, spoofed location, or another method to avoid a geographic restriction or sanctions check.
Everplay may conduct reasonable checks of location, identity, and eligibility. It may suspend access or Cashout while a check is pending and refuse access where use would be unlawful or a Cashout Method cannot lawfully be used.
4. Program operation and governing documents
4.1 Program services and earning activities
The Program allows Users to earn Coins for Qualifying Events in the App or connected Portfolio Games, subject to the Rewards Program Rules. Only Cashout Methods shown in the App and earning activities expressly identified in the Rewards Program Rules apply.
The App is free to download and use. No payment, deposit, or wager is required to earn Coins or participate in the Program.
4.2 Portfolio Games are separate
Portfolio Games are separately distributed applications and may be downloaded and played without GooseUp. Each Portfolio Game’s own terms of service and privacy policy govern the User’s standalone use; those documents do not become part of these Terms merely because a User uses both applications.
A Portfolio Game may be connected to the Program for Qualifying Events. No Coin or other Program reward is earned for activity outside the Program, and no reward attaches merely to downloading, installing, or first opening a Portfolio Game.
4.3 Portfolio Game activity and Coin credit
Coins are credited only for eligible Portfolio Game events that satisfy the applicable conditions in the Rewards Program Rules. GooseUp must be installed on the same device for Coin crediting; it need not be running, open, or in the foreground. Events that do not satisfy those conditions are not eligible for Coin credit, and no retroactive credit is given.
Everplay may add, remove, or modify the Portfolio Games connected to the Program. A change that materially affects an existing earning opportunity or Cashout right is subject to the notice and accrued-balance protections in Section 8 (Program changes and reward protections).
4.4 Program documents and order of precedence
The Rewards Program Rules and Privacy Policy are incorporated into these Terms by reference and are available at the URLs identified in Sections 2.1 and 2.6. These Terms govern your rights and obligations. The Rewards Program Rules govern only operational Program details expressly left to them, and the Privacy Policy governs data collection and use, in each case subject to these Terms and mandatory law. If there is a conflict, these Terms control; the Rewards Program Rules control next only for those operational details; and the Privacy Policy controls solely for data collection and use. Neither document nor an in-App notice may amend, waive, reduce, or override a right or protection in these Terms, including the accrued-balance protections in Section 8 (Program changes and reward protections), the review and appeal rights in Section 10 (Fraud, misuse, and enforcement), mandatory consumer rights, liability limits and carve-outs, dispute resolution, or the effect of a completed deletion request. A Portfolio Game’s separate terms of service and privacy policy govern that game’s standalone operation.
4.5 Intellectual property and licence
Everplay or its licensors own all rights in the App and its content. All rights not expressly granted are reserved.
Subject to your compliance with these Terms, Everplay grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the App on your personal Android device for personal, non-commercial entertainment and participation in the Program.
You must not, and must not permit another person to:
• Copy, reproduce, distribute, or create derivative works from the App or its content.
• Reverse engineer, decompile, disassemble, or attempt to derive source code.
• Remove or alter proprietary notices, branding, trademarks, or logos without written consent.
• Use any part of the App for a commercial purpose.
4.6 Advertisements
Third-party advertisements may appear in the Services. Everplay does not produce, review, or endorse third-party advertising content and is not responsible for claims, representations, or offers in that content.
Your interaction with an advertisement, including a linked website or advertised application, is at your own risk. Subject to Section 13 (Disclaimers, liability limits, and indemnity), Everplay is not liable for loss or damage arising from that interaction.
Any rewarded advertisement identified in the Rewards Program Rules must be watched to completion in a genuine, human manner to qualify for a Coin credit. Closing an advertisement early, skipping content, or simulating completion does not qualify and may constitute prohibited conduct under Section 10 (Fraud, misuse, and enforcement).
5. Profiles, identifiers, and devices
5.1 Profiles and identifiers
Everplay may use Identifiers to maintain your rewards profile, recognize returning Users, and prevent abuse.
5.2 Profiles and devices
You must not create, operate, or control multiple rewards profiles, or use multiple profiles or devices to obtain duplicate Coins or rewards or to evade a restriction imposed by Everplay. You must not allow another person to use your profile or device for those purposes.
Section 10 (Fraud, misuse, and enforcement) governs enforcement of these restrictions.
5.3 Identifier resets
An ordinary reset or change to a device identifier, including after an operating-system update or device replacement, is not prohibited conduct and does not by itself cancel or forfeit valid Coins. Intentionally resetting or spoofing an identifier, or manipulating a device to obtain duplicate Coins or rewards or evade an Everplay restriction, is prohibited under Section 10 (Fraud, misuse, and enforcement). A reset or identifier change alone is insufficient for permanent termination or forfeiture of otherwise valid Coins.
6. Coins and qualifying events
6.1 Earning conditions
Coins may be earned only for Qualifying Events expressly identified in the Rewards Program Rules. You must complete the activity and any conditions stated in the Rewards Program Rules. Incomplete, abandoned, partially completed, invalid, or unrecorded activity does not qualify, and no retroactive credit is promised.
6.2 No download, install, or first-open reward
No Coin, bonus, or other reward attaches merely to downloading, installing, or first opening GooseUp or a Portfolio Game. A reward may attach only to a Qualifying Event after any required conditions for receiving credit are satisfied.
6.3 Economy details in the Rewards Program Rules
The Rewards Program Rules state the operational details of the Program, including Coin values, earning rates, multipliers, conversion, expiry, forfeiture, and limits. Section 8 (Program changes and reward protections) governs changes to those details and the treatment of accrued Coins.
6.4 Transfer restrictions
Coins are non-transferable. They cannot be transferred, traded, sold, gifted, assigned, exchanged for another virtual currency, or redeemed for physical goods or services outside the App.
6.5 Expiry and forfeiture
Coins may expire only as provided in the Rewards Program Rules. Section 8 (Program changes and reward protections) governs accrued Coins; Section 7 (Redemption and payouts) governs corrections and reversals; and Section 10 (Fraud, misuse, and enforcement) governs enforcement consequences, including suspension, restriction, forfeiture, and termination.
6.6 No guaranteed earnings
Everplay does not guarantee that you will earn a specific amount of Coins, that a particular earning opportunity will remain available, or that Coins can be redeemed at a particular exchange rate. Availability may depend on factors outside Everplay’s reasonable control.
7. Redemption and payouts
7.1 Cashout requests
You may request a Cashout only through the in-App process and only for Coins available for redemption under Section 6 and the Rewards Program Rules. Each Cashout takes the entire available balance in your wallet when the Cashout process begins. Partial Cashouts are not available. A request is subject to eligibility, verification, review for prohibited conduct, sanctions, and the requirements of the Cashout Method shown in the App.
7.2 Cashout requirements and availability
The minimum Coin balance, conversion rule, and other operational Cashout conditions are set out in the Rewards Program Rules and shown in the App. Those conditions may change prospectively only as provided in Section 8 (Program changes and reward protections). Section 8 governs accrued Coins and submitted Cashouts.
7.3 Cashout verification
Before processing a Cashout, Everplay may require Face Liveness or Full KYC and information reasonably needed to confirm your age, location, sanctions status, tax status, payment-account ownership, or eligibility. “Face Liveness” means a check that a live person is present; “Full KYC” means identity verification using the information and documents specified in the App. They are separate requirements. Where Everplay accepts it, valid prior Full KYC may satisfy a Face Liveness requirement, but Face Liveness does not satisfy Full KYC.
7.4 Cashout review and processing
A Cashout remains pending until required checks are completed. Abandonment or failure of Face Liveness or Full KYC does not by itself establish prohibited conduct. Section 8 governs accrued Coins and submitted Cashouts. Processing times may vary, and a Cashout is complete only when payment is successfully confirmed.
7.5 Corrections and reversals
If a Qualifying Event, Coin credit, conversion, or payment is later shown to result from an error, duplicate report, invalid event, an advertiser’s or Cashout Method provider’s reversal, or another invalid basis, Everplay may correct the affected balance or reverse the affected amount. A correction or reversal will not exceed the invalid or reversed amount, except that Section 10 (Fraud, misuse, and enforcement) may permit a proportionate consequence for confirmed prohibited conduct.
7.6 Failed payments
If a Cashout fails after the full Cashout amount is deducted from your wallet, Everplay will restore that amount to your wallet or keep the request pending, unless a valid correction, reversal, legal restriction, or enforcement decision applies. Everplay may reprocess or reissue the Cashout after the issue is corrected. Unless Section 10 (Fraud, misuse, and enforcement) applies, a failed Cashout does not by itself forfeit valid Coins.
7.7 Duplicate payments
A duplicate or excess payment does not create an additional entitlement. Everplay may correct the Coin balance, offset the excess against a later Cashout, or request repayment, in each case to the extent permitted by law and with notice where practicable.
7.8 Payment restrictions and taxes
A Cashout may be sent only through a Cashout Method shown in the App and, where applicable, to a payment account in your name. You are responsible for taxes on amounts you receive.
8. Program changes and reward protections
8.1 Program changes
Everplay may make prospective changes to the Program, including changes to connected Portfolio Games, Qualifying Events, advertisements, the Rewards Program Rules, Cashout Methods, and App features. Section 4 (Program operation and governing documents) governs the relationship among these documents; Sections 8.3 and 8.4 govern changes to these Terms. Section 8.2 governs accrued Coins and submitted Cashouts, and Section 9 (Service suspension, discontinuation, and wind-down) governs service interruptions and closure.
8.2 Protection for accrued Coins
Changes to Coin values, earning rates, multipliers, conversion mechanics, expiry, forfeiture, or other operational Program details apply prospectively only, subject to this Section 8. Everplay will not retroactively cancel, reduce, or reprice an accrued Coin balance or cancel a valid Cashout already submitted. That protection is subject only to (a) expiry or forfeiture validly applied under Section 6 (Coins and qualifying events) and the Rewards Program Rules in effect when the relevant Coins were credited; (b) a correction for an error or duplicate credit, or a reversal, under Section 7 (Redemption and payouts); (c) a completed deletion under Section 11 (Data, privacy, and deletion); (d) a legal restriction; or (e) a proportionate enforcement consequence expressly permitted under Section 10 (Fraud, misuse, and enforcement). A suspension or restriction pending review is not, by itself, a forfeiture or termination. The Rewards Program Rules and in-App notices cannot expand these exceptions or override this protection. This protection does not promise a fixed cash conversion rate for future Cashouts.
8.3 Notice of material changes
For any change to these Terms or the Rewards Program Rules that materially reduces future earning opportunities, changes Cashout conditions, or affects your rights, Everplay will give at least fourteen (14) days’ notice before the change takes effect through the App or another legally required method. Everplay may make immediate changes required by law or reasonably necessary for security, fraud prevention, provider action, or an emergency. Section 8.2 continues to govern accrued Coins and submitted Cashouts.
8.4 How changes take effect
If you do not accept a material change, stop using the App before the change takes effect. Continued use after the effective date, following the notice described in Section 8.3, accepts the change to the extent permitted by law, but does not waive Section 8.2 or mandatory consumer rights.
9. Service suspension, discontinuation, and wind-down
9.1 Service availability and updates
Everplay may make the App or any part of the Program unavailable for maintenance, updates, service problems, force majeure, provider action, or another circumstance outside its reasonable control. An update may be required for continued access, earning Coins, or using Cashout. Section 13 (Disclaimers, liability limits, and indemnity) applies to availability limits.
9.2 Temporary suspension and review
Everplay may temporarily suspend access, new Coin credits, or Cashout while it addresses security, eligibility, sanctions, prohibited conduct, payment, legal, or other concerns. Section 8 governs accrued Coins and pending Cashouts during a suspension, and Section 10 (Fraud, misuse, and enforcement) governs enforcement reviews and disputed balances.
9.3 Discontinuation
Everplay may discontinue the App, the Program, a Portfolio Game connection, an earning activity, or a Cashout Method. Where reasonably practicable, Everplay will give notice through the App or another legally required method. After the effective date, no new Coins will be credited unless the wind-down notice or the Rewards Program Rules expressly provides otherwise.
9.4 Accrued balances during wind-down
Section 8 governs accrued Coins and valid Cashouts during a wind-down. During the wind-down, Everplay will keep Cashout open for the period stated in the notice or the Rewards Program Rules, process valid pending Cashouts, or provide a clearly stated alternative Cashout Method shown in the App. These options remain subject to Section 7 (Redemption and payouts), Section 10 (Fraud, misuse, and enforcement), provider limits, and mandatory law.
9.5 Pending Cashouts at closure
A pending Cashout at closure remains subject to Sections 7 (Redemption and payouts) and 10 (Fraud, misuse, and enforcement) and is not forfeited solely because the Program ends.
9.6 Access after discontinuation
When the App or Program is discontinued, the licence in Section 4.5 (Intellectual property and licence) ends when access ends, except to the extent needed to complete the wind-down. Sections 6 (Coins and qualifying events), 7 (Redemption and payouts), 10 (Fraud, misuse, and enforcement), 11 (Data, privacy, and deletion), and 14 (General terms) continue to apply as stated in those sections.
10. Fraud, misuse, and enforcement
10.1 Prohibited conduct
Prohibited conduct includes: (a) using bots, macros, scripts, click farms, or other automation; (b) interfering with the App, advertisements, or recording of Qualifying Events; (c) creating, operating, or controlling multiple rewards profiles, or sharing a profile or device, to obtain duplicate rewards; (d) intentionally resetting or spoofing an identifier, manipulating a device, or using an emulator, virtual machine, rooted or modified device, VPN, proxy, Tor network, or other means to manipulate rewards, misrepresent location, or evade controls; (e) providing false information; (f) using the Services for commercial or bulk activity; or (g) assisting another person to do any of these things.
10.2 Evidence for enforcement actions
Everplay may take a temporary protective measure when it has a reasonable, good-faith basis supported by available information. Before permanently terminating access or removing or forfeiting otherwise valid Coins, Everplay must reach a reasonable, good-faith conclusion, based on available evidence, that prohibited conduct occurred or that the relevant credit or payment was invalid. Automated information alone is insufficient for permanent forfeiture, permanent termination, or removal of otherwise valid Coins.
10.3 Preserving balances during review
While a review is pending, Everplay may pause new Coin credits, Cashout access, or payment processing. Section 8 governs the disputed balance and any pending Cashout during the review; the pending review does not itself cancel, forfeit, or transfer them, except as required by law, a provider, or a sanctions control. Section 10 (Fraud, misuse, and enforcement) governs final enforcement action.
10.4 Proportionate enforcement consequences
• No action or a warning where the evidence does not support a violation.
• A correction or reversal limited to the invalid, duplicate, or reversed Coin credits or Cashout amount shown by the evidence.
• A temporary suspension or remediable restriction on earning, Cashout, or access where a protective measure is reasonably needed. Everplay may require a fresh check after the condition is corrected before restoring access or allowing Cashout.
• Proportionate forfeiture of Coins or cancellation of a pending Cashout only to the extent reasonably attributable to confirmed prohibited conduct and supported by the evidence; otherwise valid accrued Coins remain protected.
• Permanent restriction or termination of access to the Services only for serious manipulation or other serious or repeated confirmed conduct, or where required by law or a Cashout Method provider.
• Civil or criminal action where the conduct causes or threatens material harm, subject to applicable law.
10.5 Detection systems and confidentiality
Everplay may use automated or human review to assess activity for compliance, security, payment integrity, and prevention of prohibited conduct. It may keep security and detection methods confidential where disclosure would compromise security or abuse prevention, but will provide a general reason for an action and information needed to request review.
10.6 Review of enforcement actions
If you believe an enforcement action was taken in error, you may request a good-faith internal review by emailing support@everplay.gs. This is the only internal review route. Everplay will include human review of any automated result and will notify you of the outcome within thirty (30) days after receiving the request.
10.7 Appeal
If the internal review upholds a restriction, suspension, termination, forfeiture, or other balance adjustment, you may submit one appeal through support@everplay.gs within thirty (30) days after the review outcome. The appeal should identify the alleged error and include any new information. Everplay will review the appeal in good faith and notify you of the outcome within thirty (30) days after receiving it. The outcome is final for Everplay’s internal process, subject to rights and remedies available under applicable law.
10.8 Legal action
Nothing in this Section prevents Everplay from seeking urgent injunctive relief or pursuing civil or criminal remedies where prohibited conduct causes or threatens material harm, subject to applicable law.
11. Data, privacy, and deletion
11.1 Privacy Policy
Everplay processes personal data in connection with the Services as described in the Privacy Policy and applicable law. The Privacy Policy governs data collection and use, subject to Section 4 (Program operation and governing documents) and mandatory law.
11.2 Deletion requests
You may request deletion through the route stated in the Privacy Policy and Section 14.1 (Notices and contact). Uninstalling the App does not, by itself, constitute a deletion request. Everplay may require identity checks to process a request, and legal retention requirements may apply.
11.3 Effect of deletion on Coins and Cashouts
Before or as part of completing a verified deletion request, any pending Cashout will be completed, cancelled, or otherwise resolved under Section 7 (Redemption and payouts) and applicable law. Once deletion is completed, Everplay closes your rewards profile and cancels any unredeemed Coin balance, which cannot later be restored. If you want to request a Cashout, do so before requesting deletion and complete any required verification.
11.4 Verification and biometric data
If a Cashout requires identity, liveness, or biometric information, the notices and consents required by law and the Privacy Policy apply. If you do not provide a required consent or verification item, Everplay may be unable to process the Cashout under Section 7 (Redemption and payouts).
12. Dormant, deceased, and incapacitated Users
12.1 Dormancy
Everplay may treat a User profile as dormant after the inactivity period stated in the Rewards Program Rules or a clear in-App notice and may restrict new earning or Cashout while confirming the profile status or contacting the User. Dormancy alone does not cancel Coins; expiry and wind-down remain subject to Sections 6 (Coins and qualifying events) and 9 (Service suspension, discontinuation, and wind-down).
12.2 Deceased or incapacitated Users
If Everplay receives reliable notice that a User is deceased or may lack legal capacity, it may restrict access, earning, or Cashout while verifying the notice and the legal authority of a representative. A legally authorized representative may contact Everplay under Section 14.1 (Notices and contact) and provide reasonably requested documents. Coins and pending Cashouts will be handled under Sections 6 (Coins and qualifying events) and 7 (Redemption and payouts), the Rewards Program Rules, and applicable law. Coins remain non-transferable under Section 6, and this Section does not create a right to transfer a profile or balance except as required by law.
13. Disclaimers, liability limits, and indemnity
13.1 Disclaimers
To the maximum extent permitted by law, the App, the Program, Coins, advertisements, and Cashout Methods are provided on an “as is” and “as available” basis. Everplay does not warrant that the Services will be uninterrupted, timely, secure, accurate, or error-free, or free of harmful components. Everplay does not promise any particular Coin balance, earning opportunity, conversion rate, Cashout, income, or earnings result.
13.2 Limitation of liability
To the fullest extent permitted by law, Everplay’s total aggregate liability for all claims arising out of or connected with these Terms or the Services is limited to documented out-of-pocket losses directly caused by Everplay’s breach. Everplay is not liable for lost profits, revenue, anticipated earnings, indirect, incidental, special, consequential, exemplary, or punitive damages, or loss arising from reliance on the App for income or financial planning. This limit does not remove a payment obligation expressly preserved under Section 7 (Redemption and payouts).
13.3 Mandatory carve-outs
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded or limited. Mandatory consumer protections prevail.
13.4 Indemnity
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Everplay and its officers, directors, employees, and agents from third-party claims, liabilities, damages, losses, and reasonable legal fees arising from your violation of these Terms or law, infringement of a third party’s rights, or false or fraudulent information you provide for a Cashout or verification request. This indemnity does not apply to the extent a claim results from Everplay’s breach or non-excludable misconduct.
14. General terms
14.1 Notices and contact
Everplay may give notices through the App, by email, or by posting an updated document. You may send legal notices and general enquiries to Everplay Games Ltd. at Ewropa Business Centre Level 3-701, Triq Dun Karm, Birkirkara, BKR 9034, Malta or support@everplay.gs. Requests about an enforcement action must use the review route in Section 10 (Fraud, misuse, and enforcement) at support@everplay.gs.
14.2 Governing law, forum, and mandatory rights
These Terms and any dispute or claim arising out of or relating to them or the Services, including a non-contractual dispute, are governed by the laws of the State of New York, without regard to conflict-of-law rules. Except for an eligible individual claim in small-claims court under Section 14.11.4 (Small-claims carve-out), and subject to any timely opt-out under Section 14.11.3 (Arbitration opt-out), any dispute not subject to arbitration under Section 14.11.2 (Individual arbitration) must be brought in the state or federal courts located in New York City, New York, and each party consents to their jurisdiction and venue. Nothing in this Section limits mandatory consumer rights.
14.3 Google Play distribution
These Terms are between you and Everplay, not Google. Everplay, not Google, is responsible for the App, App support, applicable warranties, and claims relating to the App. You must comply with Google Play terms applicable to your use of the App. Google is an intended third-party beneficiary of provisions that apply to Google and may enforce those provisions.
14.4 Electronic communications and records
By using the App, you consent to receive these Terms, notices, communications, and records electronically through the App, by push notification where enabled, or at a contact detail you provide.
Electronic delivery satisfies any legal requirement that a communication or record be in writing, to the extent permitted by law.
You may withdraw this consent by contacting Everplay under Section 14.1 (Notices and contact) or using a withdrawal method made available in the App. Withdrawal does not affect records already delivered and may limit access to the Program or particular features.
You must keep your contact details accurate and promptly update them if they change.
14.5 Assignment
You may not assign or transfer your rights or obligations under these Terms without Everplay’s prior written consent. Everplay may assign or transfer these Terms, in whole or in part, in connection with a merger, reorganisation, financing, sale of assets, change of control, or transfer to an affiliate or successor.
14.6 Severability
If a provision of these Terms is unlawful, void, or unenforceable, it will be modified to the minimum extent needed to make it enforceable if permitted by law, or severed if modification is not permitted. The remaining provisions remain in effect.
14.7 No waiver
A failure or delay by Everplay in enforcing a right or provision is not a waiver of that right or provision unless Everplay agrees in writing.
14.8 Entire agreement and document precedence
These Terms, the Rewards Program Rules, and the Privacy Policy, as incorporated under Section 4 (Program operation and governing documents), form the entire agreement between you and Everplay concerning the Services and supersede prior agreements and understandings on that subject. Section 4 governs their order of precedence.
14.9 Language
These Terms are made available in English. If an English version conflicts with a translated version, the English version controls to the extent permitted by law.
14.10 Survival
Sections 6 (Coins and qualifying events), 7 (Redemption and payouts), 8 (Program changes and reward protections), 9 (Service suspension, discontinuation, and wind-down), 10 (Fraud, misuse, and enforcement), 11 (Data, privacy, and deletion), 12 (Dormant, deceased, and incapacitated Users), 13 (Disclaimers, liability limits, and indemnity), 14 (General terms), and any provision that by its nature should survive, survive termination or discontinuation to the extent necessary to give them effect.
14.11 Dispute resolution
14.11.1 Notice and opportunity to cure
Before starting a court action or arbitration, the party asserting a dispute must send written notice describing the facts and requested relief. Notice to Everplay must use the contact details in Section 14.1 (Notices and contact). The parties will have thirty (30) days after receipt to discuss and, where appropriate, cure the issue. This step does not waive or shorten a statutory deadline and does not prevent emergency relief or a claim that cannot lawfully be delayed.
14.11.2 Individual arbitration
After the notice-and-cure period, you and Everplay agree that any dispute between you and Everplay arising out of or relating to these Terms or the Services will be resolved by individual, binding arbitration, except as stated in the small-claims carve-out below and subject to any timely opt-out under Section 14.11.3 (Arbitration opt-out). The arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules then in effect by a single arbitrator. The AAA Consumer Arbitration Rules govern the filing, administration, and allocation of fees and costs, except to the extent these Terms state otherwise or mandatory law requires. The arbitrator may award only relief available to the individual party. YOU AND EVERPLAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. Unless both parties agree in writing, no court or arbitrator may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable. This arbitration agreement does not apply to the extent prohibited by mandatory law.
14.11.3 Arbitration opt-out
You may opt out of the individual arbitration agreement by sending written notice to Everplay using the address or email in Section 14.1 (Notices and contact) within thirty (30) days after you first accept these Terms by downloading, installing, accessing, or using the App. The notice must state your name, the email or other contact detail associated with your use of the App, and a clear statement that you reject the individual arbitration agreement. An opt-out applies only to the User who submits it. If you timely opt out, the individual arbitration agreement in Section 14.11.2 (Individual arbitration) will not bind you, and the remaining Terms, including the applicable forum provision in Section 14.2 (Governing law, forum, and mandatory rights), will continue to apply.
14.11.4 Small-claims carve-out
Either party may bring an eligible individual claim in small-claims court instead of arbitration, subject to the notice-and-cure requirement in Section 14.11.1 (Notice and opportunity to cure). The claim must remain individual and within that court’s jurisdictional limits. If the claim is transferred, appealed, or no longer qualifies, it will proceed under the individual arbitration agreement in Section 14.11.2 (Individual arbitration) if that agreement binds the User; otherwise, it will proceed in the forum specified in Section 14.2 (Governing law, forum, and mandatory rights), in each case subject to applicable law.
14.11.5 Claim limitation period
To the maximum extent permitted by law, a claim arising out of or relating to these Terms or the Services, whether pursued in arbitration or in court under this Section, must be brought within one (1) year after it accrues. This period does not apply where a longer statutory period is mandatory, cannot be waived, or cannot lawfully be shortened. In that case, the applicable statutory period controls.