Last updated: [DATE]
1. General / Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Everplay Limited, a company registered in Malta under registration number [REGISTRATION NUMBER], with registered address at [ADDRESS], Malta ("Everplay", "we", "us", or "our").
These Terms govern your access to and use of the GooseUp mobile application (the "App") and all related features, content, and services (together, the "Services"). By downloading, installing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.
If you do not agree to these Terms, you must not download, install, or use the App.
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 under the laws of your jurisdiction
· You are a resident of the United States or another jurisdiction in which the App is made available
· Your use of the App does not violate any applicable law or regulation
· You are not accessing the App from a jurisdiction where such use is prohibited
Everplay
reserves the right to verify eligibility at any time, including at the point of
a cashout request. If you do not meet these requirements, you must discontinue
use of the App immediately and any accumulated coins or pending rewards will be
forfeited.
The App is made available for personal entertainment and reward purposes only. Commercial use of the App, including any form of bulk or automated engagement, is strictly prohibited. Nothing in these Terms or in the operation of the App constitutes a contract of employment, partnership, or any form of commercial arrangement beyond personal consumer use.
GooseUp is a mobile rewards gaming platform operated by Everplay Limited. The App enables Users to earn virtual in-app coins ("Coins") by completing defined activities within the App, including playing free mobile games and engaging with rewarded advertisements. Coins that accumulate above the applicable minimum threshold may be redeemed for real-money cash rewards, subject to these Terms, applicable verification requirements, and the conditions of our payment providers.
The App is free to download and use. No purchase, subscription, or payment of any kind is required to earn Coins or to participate in the rewards programme. The App is supported by advertising revenue.
GooseUp does not operate as a gambling or gaming platform within the meaning of any applicable gaming or gambling regulatory framework. Coins are earned through deterministic activities (completing games, watching ads) and not through games of chance. The cashout of Coins constitutes redemption of a reward earned through engagement, not a prize from a wager. Everplay makes no representation that the App or its rewards programme constitutes a lottery, sweepstakes, or any other regulated gaming activity.
3. Everplay Game Portfolio and Rewards Integration
Everplay owns or holds licensing rights to a portfolio of free-to-play mobile games (the "Portfolio Games"). Portfolio Games are available as standalone applications on the Google Play Store and may be downloaded and played independently of GooseUp. Playing a Portfolio Game without GooseUp installed is permitted; however, no Coins or rewards will be earned for any gameplay activity conducted outside of the GooseUp ecosystem.
3.2 Integration Requirement (Critical Notice)
To earn Coins through gameplay, GooseUp must be installed and active on the same device as the Portfolio Game. Gameplay sessions, level completions, milestones, and ad engagements that occur while GooseUp is not installed or not active on the device will not be tracked and will not result in Coin credits — no retroactive credit will be given. Users are responsible for ensuring GooseUp is installed and functioning before beginning gameplay intended to earn rewards.
Everplay may add, remove, or modify which Portfolio Games are connected to the GooseUp rewards ecosystem at any time and without prior notice. Removal of a Portfolio Game from the GooseUp ecosystem does not affect the availability of that game as a standalone application. Everplay makes no guarantee that any specific Portfolio Game will remain part of the rewards ecosystem for any period of time.
3.4 Game-Specific Reward Rates
Coin earning rates, ad multipliers, and reward structures may vary between Portfolio Games. These variations reflect differences in advertising revenue generated by each game (eCPM) and other commercial factors. Everplay reserves the right to adjust per-game reward rates at any time without prior notice.
GooseUp does not require the creation of a traditional user account with a username and password. Each user is identified by the advertising identifier associated with their device (specifically the Google Advertising ID ("GAID") or Google App Set ID) ("Advertising ID").
By using the App, you consent to your Advertising ID being used as your unique identifier within the GooseUp platform.
Each Advertising ID corresponds to one user. You are permitted to operate GooseUp on one device using one Advertising ID only. The following are strictly prohibited and constitute grounds for immediate termination with forfeiture of all accumulated Coins:
· Creating or operating multiple instances of GooseUp on multiple devices for the purpose of accumulating additional Coins
· Sharing or allowing another person to use your device to earn Coins through your Advertising ID
· Operating GooseUp through a shared, virtualised, emulated, or enterprise-managed device environment for the purpose of multiplying rewards
You must not reset or modify your Advertising ID for the purpose of earning additional Coins, receiving a renewed welcome bonus, or circumventing any restriction imposed by Everplay. Such conduct constitutes fraud under these Terms and will result in forfeiture of all Coins and permanent exclusion from the Services.
If your Advertising ID changes for any reason (including through device reset or OS update), Everplay is not able to recover your prior Coin balance, and all previously accumulated Coins associated with the former Advertising ID will be forfeited. Everplay accepts no liability for Coin loss resulting from an Advertising ID change.
To be eligible to use the App and redeem rewards, your device must:
· Be running a compatible version of Android
· Not be rooted, jailbroken, or otherwise modified in a manner that compromises the integrity of the operating system or the App
· Not be running in an emulated or virtualised environment
Use of the App on a rooted or modified device is at your own risk. Everplay may, at its sole discretion, restrict or deny rewards to users detected as using such devices.
Coins are earned through defined in-app success events across Portfolio Games and within GooseUp, which may include:
· Completing specified levels, stages, or milestones within Portfolio Games (each a "Success Point")
· Watching rewarded video advertisements to completion within Portfolio Games or within GooseUp
· Engaging with interstitial advertisements displayed during natural gameplay breaks
· Completing daily engagement challenges and GooseUp-specific tasks
· Promotional activities or limited-time events made available by Everplay from time to time
Coins are awarded per qualifying event (Success Point or ad completion), not based on time spent in-app. Incomplete levels, abandoned sessions, or partially viewed advertisements do not qualify for Coin awards.
5.2 Coin Values and Earning Rates
Coin values, earning rates, multipliers, and bonus structures are determined by Everplay at its sole discretion. Everplay reserves the right to modify, reduce, increase, or discontinue any earning mechanism or Coin value at any time and without prior notice. Everplay does not guarantee any specific rate of Coin accumulation or any minimum level of rewards.
Coins are virtual items. Coins have no monetary value outside the GooseUp redemption system. Coins cannot be transferred, traded, sold, gifted, or assigned to another person. Coins cannot be redeemed for physical goods, services (other than cashout through the platform), or converted into any other virtual currency or reward outside the App.
Coins expire and are forfeited 6 months after the date on which they were credited to your account if they have not been redeemed during that period. Everplay will use reasonable efforts to notify you of approaching Coin expiry within the App, but is not obligated to do so. Expired Coins cannot be restored.
Everplay may award a one-time welcome bonus of Coins to new users upon first engagement with the App. Welcome bonus Coins are subject to the same expiry rules set out in Section 5.4 and to all eligibility requirements under these Terms. Welcome bonus Coins may not be redeemable until additional Coins have been earned through qualifying in-app activity, as specified within the App at the time of award. Welcome bonus Coins are designed to allow new users to experience the cashout flow; they are subject to fraud review and may be withheld pending verification of genuine engagement.
Everplay does not guarantee that you will earn any specific amount of Coins, that any particular earning opportunity will remain available, or that Coins once earned can be redeemed at any particular exchange rate. The availability of earning activities is subject to advertiser demand, geographic restrictions, and other factors outside Everplay's control.
Subject to these Terms and the verification requirements set out in Section 7.3, you may request redemption of your accumulated Coins for a cash payment ("cashout") via PayPal or such other payment providers as Everplay may support from time to time. Cashout availability is displayed within the App.
A minimum
Coin balance is required to initiate a cashout request. The current minimum
threshold is displayed within the App and may be updated by Everplay at any
time.
As a safeguard against fraudulent use, Everplay may require Users to demonstrate a minimum level of genuine engagement with the App before a first cashout request can be processed. The applicable minimum activity requirement, if any, will be communicated within the App.
6.3 Verification Requirements by Cashout Amount
The level of identity verification required to process a cashout
request is determined by Everplay based on
the amount requested, cumulative cashout history, and the outcome
of automated risk assessment.
Verification requirements may range from an SMS one-time passcode
(OTP) to government-issued
document verification, facial match, and liveness detection, up to
full identity verification including
submission of a US Social Security Number (SSN) or Individual
Taxpayer Identification Number (ITIN) for
IRS Form 1099-K compliance where required by applicable law. The
applicable verification tier will be
communicated to you within the App at the time of your cashout
request. Everplay reserves the right to
apply enhanced verification at any cashout amount based on
risk-based factors at its sole discretion.
6.4 Coin-to-Dollar Conversion Rate
The
conversion rate of Coins to US dollars is determined by Everplay based on the
available reward pool and advertiser revenue at the time of cashout. The
conversion rate is dynamic and may vary between cashout requests. Everplay does
not guarantee any fixed or minimum conversion rate.
Cashout requests are typically processed immediately upon verification. In exceptional circumstances (e.g., increased fraud review, payment provider delays), processing may take up to 5 business days. Everplay is not responsible for any delays attributable to payment providers, banking institutions, or circumstances outside its reasonable control.
Rewards obtained through the GooseUp cashout system:
· Cannot be substituted for alternative prizes, goods, or services
· Cannot be transferred to another person or PayPal account not registered in your name
· Cannot be exchanged for Coins or any other virtual currency
· Are subject to forfeiture if earned through prohibited conduct as described in Section 8
All rewards paid out through the GooseUp platform may constitute taxable income under applicable law. You are solely responsible for accurately reporting all amounts received and for paying any applicable taxes, including federal, state, and local income taxes. Where Everplay is required by law to collect tax documentation (including SSN/ITIN for IRS Form 1099-K), it will do so in accordance with its Privacy Policy.
Everplay does not provide tax advice. You are encouraged to consult a qualified tax professional regarding your obligations.
7. Identity Verification (KYC)
Everplay may, at its sole discretion and in accordance with the thresholds described in Section 6.3, require you to complete identity verification before processing a cashout request. This requirement exists to prevent fraud, money laundering, and other illegal activity, and to comply with applicable legal obligations.
Identity verification may require you to provide:
· Your full legal name and date of birth
· A valid, unexpired government-issued photo ID (such as a passport, driver's licence, or national identity card)
· Your phone number (for SMS OTP verification)
· A live selfie or completion of a liveness detection check (for cashouts above the applicable threshold)
· SSN or ITIN (for cumulative cashouts above $600 in a calendar year)
If you fail to provide the required verification information within a reasonable time following a verification request, Everplay reserves the right to:
· Cancel the pending cashout request
· Suspend your ability to initiate further cashout requests until verification is completed
· Permanently close your access to cashout functionality where verification cannot be completed
Everplay is not liable for any loss resulting from your failure to complete verification in a timely manner.
Facial and
biometric data collected during the liveness detection process is used solely
for identity verification and is not retained by Everplay following the
completion of the verification check. See our Privacy Policy for full details.
For full details on how we collect, use, and retain personal data in connection with identity verification, please refer to our Privacy Policy, available at [PRIVACY POLICY URL]
8. Fraud Prevention and Prohibited Conduct
The following conduct is strictly prohibited and constitutes a material breach of these Terms:
(a) Automation and Artificial Engagement
· Use of bots, macros, scripts, click farms, or any automated tools or software to simulate gameplay, simulate ad viewing, or artificially trigger Coin-earning events
· Use of any software or device that modifies, intercepts, or manipulates the App's communication with Everplay's servers
(b) Multi-Accounting and Device Manipulation
· Operating more than one GooseUp user identity (Advertising ID) across one or more devices for the purpose of earning additional Coins or rewards
· Resetting, spoofing, or modifying your Advertising ID to circumvent restrictions or earn additional welcome bonuses or Coins
· Using device emulators, virtual machines, or rooted/modified devices for the purpose of manipulating the rewards system
(c) Geographic and Network Manipulation
· Use of VPNs, proxies, Tor networks, or any other means to mask or spoof your geographic location or IP address in order to access the App from a restricted jurisdiction or to circumvent geographic targeting restrictions
(d) Advertising Manipulation
· Any attempt to artificially inflate ad impression counts, fake ad completions, or manipulate the rewarded advertisement delivery mechanism
· Using any tool or method to receive rewarded ad credit without genuine, human engagement with the advertisement
(e) Commercial and Bulk Use
· Operating GooseUp on behalf of a third party, or for any commercial purpose
· Aggregating rewards across multiple users or facilitating others' use of the App for commercial benefit
(f) General Misconduct
· Providing false, inaccurate, or fraudulent information in connection with a cashout or identity verification request
· Assisting, facilitating, or conspiring with any other person to engage in any of the conduct described in this Section 8.1
8.2 Automated Detection and Enforcement
Everplay uses automated fraud detection systems to identify prohibited conduct. These systems may assess device integrity, behavioural patterns, session data, network characteristics, and other signals to generate a risk score. Everplay reserves the right to take enforcement action based on automated findings, including:
· Forfeiture of all accumulated Coins and pending cashout amounts
· Suspension or permanent termination of access to the Services
· Blacklisting of the Advertising ID and associated devices from the GooseUp platform
Everplay is
not obligated to disclose to a User that fraud detection measures have been
applied, the specific signals that triggered an enforcement action, or the
details of its fraud detection methodology. "Silent" enforcement
measures may be applied at Everplay's discretion.
For further information on automated decision-making and your rights in this regard, including your right to contest a decision, please refer to our Privacy Policy, available at [PRIVACY POLICY URL]
Where prohibited conduct results in or threatens material harm to Everplay, its advertisers, or other users, Everplay reserves the right to pursue civil and/or criminal legal action, including actions to recover damages, costs, and legal fees.
If you believe that an enforcement action has been taken against your account in error, you may contact Everplay at support@everplay.gs to request a review. Everplay will consider good faith disputes but is under no obligation to reverse a decision, and its determination will be final.
All intellectual property rights in and to the App, including but not limited to software code, design elements, graphics, animations, game assets, audio, trademarks, trade names, logos, and any documentation, are owned by or licensed to Everplay Limited. All rights are reserved.
Subject to your compliance with these Terms, Everplay grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use the App on your personal Android device solely for your personal, non-commercial entertainment and participation in the rewards programme.
You must not, and must not permit any third party to:
· Copy, reproduce, distribute, or create derivative works based on the App or any of its content
· Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
· Remove or alter any proprietary notices, labels, or branding within the App
· Use the App's trademarks, logos, or brand assets without the prior written consent of Everplay
· Use any part of the App for commercial purposes
If you submit any content or feedback to Everplay (e.g., via a support communication or feedback mechanism), you grant Everplay a perpetual, royalty-free, worldwide licence to use such content for the purposes of improving the Services.
GooseUp is an ad-supported application. By using the App, you acknowledge and agree that advertisements are an integral part of the Service and that you will be shown advertisements during your use of the App, including rewarded video advertisements and interstitial advertisements.
Advertisements displayed within the App are served by third-party advertising networks, including AppLovin Corporation and its network partners. Everplay does not produce, review, or endorse the content of third-party advertisements and is not responsible for any claims, representations, or offers made in advertisements.
Any
interaction with an advertisement, including visiting a linked website or
downloading an advertised application, is at your own risk. Everplay is not
liable for any loss or damage arising from your engagement with third-party
advertisement content.
Rewarded advertisements must be watched to completion in a genuine, human manner to qualify for Coin rewards. Closing a rewarded ad early, skipping content, or using any automated means to simulate ad completion will not result in Coin credit and may constitute prohibited conduct under Section 8.
11. Availability and Changes to the Service
11.1 No Guarantee of Availability
Everplay will use commercially reasonable efforts to make the App available on a continuous basis. However, Everplay does not warrant that the App will be available at all times or that access will be uninterrupted or error-free. The App may be temporarily unavailable due to scheduled maintenance, technical failures, force majeure events, or other circumstances outside Everplay's control.
11.2 Right to Modify or Discontinue
Everplay reserves the right to modify, update, suspend, or permanently discontinue the App or any part of the Services at any time and without prior notice, including but not limited to:
· Changes to earning mechanisms, Coin values, earning rates, or bonus structures
· Changes to cashout options, minimum thresholds, conversion rates, or supported payment providers
· Removal of specific games, activities, or features
· Suspension of the cashout function during technical review periods
Everplay will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
We may release updates to the App from time to time. Certain updates may be required for continued access to the Services. Failure to update the App may limit your ability to earn Coins or access cashout functionality.
The App and Services are provided on an "as is" and "as available" basis without any warranty of any kind, express or implied. To the maximum extent permitted by applicable law, Everplay disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
Everplay does not warrant that:
· The App will be uninterrupted, timely, secure, or error-free
· Any specific amount of Coins will be earned or that Coins will be redeemable at any particular rate
· The App will be free from viruses or other harmful components
To the fullest extent permitted by applicable law, Everplay's total aggregate liability to you for any claim arising out of or in connection with these Terms or your use of the App shall be limited to documented out-of-pocket losses directly caused by Everplay's breach of these Terms.
In no event shall Everplay be liable for:
· Loss of profits, revenue, or anticipated earnings
· Loss of Coins (other than as expressly provided in these Terms)
· Indirect, incidental, special, consequential, exemplary, or punitive damages
· Loss arising from reliance on the App for income or financial planning purposes
Nothing in these Terms shall limit or exclude Everplay's liability for:
· Death or personal injury caused by Everplay's negligence
· Fraud or fraudulent misrepresentation by Everplay
· Any liability that cannot lawfully be excluded or limited under applicable mandatory consumer protection law
You agree to indemnify, defend, and hold harmless Everplay and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
· Your use of the App in violation of these Terms
· Your violation of any applicable law or the rights of a third party
· Your provision of false or fraudulent information in connection with a cashout or identity verification request
13. Termination and Suspension
Everplay may, at its sole discretion and without prior notice, suspend or permanently terminate your access to the App and Services in the event of:
· Any violation of these Terms, including any prohibited conduct under Section 8
· Detection of fraud, suspicious activity, or abuse of the rewards programme by automated or manual review
· Your failure to meet or maintain eligibility requirements (e.g., age, geographic restrictions)
· A legal or regulatory requirement to do so
· Discontinuation of the App
13.2 Consequences of Termination for Cause
Upon termination for cause (i.e., due to a violation of these Terms):
· All Coins accumulated in your account are immediately forfeited and cancelled
· Any pending cashout requests are cancelled and no payment obligation arises
· Your licence to use the App is immediately revoked
· Everplay may block your Advertising ID and associated device(s) from re-accessing the platform
You may stop using the App at any time. Discontinuing use of the App constitutes your decision to terminate the Services. Your accumulated Coins will remain subject to the expiry provisions of Section 5.4. Everplay does not delete any personal data upon cessation of use; data retention is governed by our Privacy Policy.
Sections 8 (Fraud Prevention), 9 (Intellectual Property), 12 (Limitation of Liability), 13 (Termination), 14 (Governing Law – US), 15 (Governing Law – EU/Non-US), and any provisions that by their nature should survive, shall survive any termination of these Terms.
14. Governing Law and Dispute Resolution — US Users
This Section applies to Users who are residents of the United States.
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
You and Everplay agree to submit to the exclusive jurisdiction of the state and federal courts located in New York City, New York for the resolution of any disputes not subject to arbitration. You hereby waive any objection to jurisdiction or venue in such courts.
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 OR REPRESENTATIVE PROCEEDING. Unless both you and Everplay agree otherwise, no arbitrator or court may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
To the maximum extent permitted by applicable law, in any dispute arising under these Terms, you agree that your recovery is limited to your actual, documented out-of-pocket losses directly caused by Everplay's breach of these Terms. You waive any right to recover indirect, consequential, or punitive damages.
Any claim arising out of or related to these Terms must be brought within one (1) year after the cause of action accrues. Claims not brought within this period are permanently barred.
15. Governing Law and Dispute Resolution — EU and Non-US Users
This Section applies to Users who are not residents of the United States.
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Malta.
Subject to any mandatory consumer protection rights applicable in your country of residence, any disputes shall be subject to the non-exclusive jurisdiction of the courts of Malta.
15.3 EU Online Dispute Resolution
If you are a consumer resident in the European Union and are not satisfied with the outcome of a complaint submitted to us, you may submit a complaint through the EU Online Dispute Resolution platform, accessible at:
http://ec.europa.eu/consumers/odr/
Please note that Everplay is not currently registered with or obligated to participate in any alternative dispute resolution body. We are committed to resolving disputes directly wherever possible.
15.4 Mandatory Consumer Rights
Nothing in these Terms is intended to override any mandatory consumer rights or protections to which you are entitled under the laws of your country of habitual residence.
Everplay
reserves the right to amend, update, or replace these Terms at any time. We
will notify you of any changes by posting an updated version within the App
and/or by sending an in-app notification, at least fourteen (14) days before
the changes take effect.
16.2 Right to Object (EU Users)
If you are a resident of the European Union or European Economic Area, you have the right to object to any material changes to these Terms within four (4) weeks of receiving notification of the change, by sending an email to [EMAIL]. If you object within this period, Everplay reserves the right to terminate your access to the Services with immediate effect. If no objection is received within the four-week period, the updated Terms will be deemed accepted.
16.3 Continued Use as Acceptance (Non-EU Users)
For all other Users, your continued use of the App following notification of updated Terms constitutes your acceptance of the revised Terms. If you do not accept the changes, you must discontinue your use of the App.
The "Last updated" date at the top of this document identifies the current version of the Terms. We recommend that you periodically review the Terms to stay informed of any changes.
These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Everplay with respect to the subject matter hereof and supersede all prior agreements, representations, or understandings.
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms and shall not affect the validity or enforceability of the remaining provisions.
Everplay's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed to by Everplay in writing.
You may not assign or transfer any of your rights or obligations under these Terms without Everplay's prior written consent. Everplay may assign its rights and obligations under these Terms without restriction.
These Terms are made available in English. In the event of any discrepancy between an English version and any translated version, the English version shall prevail.
For any questions, complaints, or enquiries relating to these Terms or the Services, please contact:
Everplay Limited
[ADDRESS]
Malta
Registration Number: [REGISTRATION NUMBER]
Email: [EMAIL]
We aim to respond to all written enquiries within 15 business days.
These Terms of Service were last updated on [DATE]. Everplay Limited is a company registered in Malta. Nothing in these Terms constitutes legal, financial, or tax advice.