Terms

Upside Arena is a game. You play with pretend money against other people. These terms are the agreement between you and us. They say what you can expect from us, what we expect from you, and what happens if something goes wrong. Please read them. By using Arena you agree to them.

1. Who you are dealing with

Arena is run by Upthink Solutions OÜ, a private limited company in Estonia (registry code 16683946). Registered office: Aiandi tn 8/2-28, Mustamäe linnaosa, 12915 Tallinn, Harju maakond. VAT ID EE102590654.

Product help: app.support@upthink.ee. Questions about these terms: privacy@upthink.ee.

We also run Upside Lab, the same company’s other product. It has its own terms and its own account. Using one does not sign you up for the other.

2. What Arena is, and what it is not

Arena is for entertainment and learning. You are given pretend money, you pick real companies, and you find out at the end of the week how your picks did compared to everyone else in your league.

Nothing in Arena is investment advice. Nothing in it is a recommendation to buy or sell anything. We are not your broker, your adviser or your agent, and we do not manage money for you. Doing well in Arena does not mean you will do well with real money. If you are deciding what to do with real money, speak to someone qualified in your own country.

Arena is not connected to, endorsed by, sponsored by or affiliated with any company whose share price appears in the game. Company names and ticker symbols are used only to identify them.

3. No real money is ever at stake

• You never deposit money to play, and you never win money.
• The money in your portfolio is pretend. It has no cash value, it cannot be cashed out, exchanged, sold or transferred to anyone, and it is not a currency, a token, a security or property of any kind.
• Anything you unlock or buy in the game is decoration. You are given a personal, non-transferable permission to use it inside Arena. You do not own it, it has no cash value, and it ends when your account ends.
• Nothing you can buy will ever change your score, your chances of winning, or what you are allowed to do in the game. Money only ever buys decoration or convenience.
• Arena is not gambling. There is no wager, no stake and no prize with any cash value.

4. Who can play

Under 13 is never allowed. You must be 16 or older to hold an account, which is the same rule Upside Lab uses. We use 16 because some countries in Europe set that as the age you can agree to this kind of service by yourself.

If we find out an account holder is younger, we will close the account and delete the data as described in our privacy policy.

Arena is currently offered to people in the United States and Canada. If you use it from somewhere else, you are responsible for whether that is allowed where you are, and some parts may not work.

You may hold one account. You must not let anyone else use it, and you must not use anyone else’s.

5. Your account

Give us accurate information and keep your sign-in details to yourself. Anything done through your account is treated as done by you, unless you tell us it was not. If you think someone else has got into your account, email us straight away.

You can close your account at any time from your profile page. What happens to your data is set out in our privacy policy.

6. Playing fairly

You agree not to:

• Use scripts, bots, automated tools or any other means to place trades or to play on your behalf.
• Hold more than one account, or arrange with others to fix results.
• Post anything abusive, hateful, threatening, harassing, deceptive, obscene or unlawful, anywhere other players can see it, including in a name, a player tag, a league name or a message.
• Post anything that is not yours to post, or that breaks someone else’s rights.
• Try to break, overload, probe or work around any part of the service, or get at data you are not meant to see.
• Copy, scrape or resell any part of Arena, or use it to build a competing product.
• Pretend to be us, or to be someone you are not.

If you break these rules we may remove what you posted, limit your account, reset a result, or close the account. Where it is reasonable to do so we will tell you why first and give you a chance to respond. For anything serious, or anything unlawful, we may act immediately.

7. What you put into Arena

Anything you write or upload stays yours. You give us permission to store it, display it and share it with the other players it is meant for, so that we can run the game. That permission is free of charge, and it ends when you delete the content or close your account, except for copies we have to keep by law or in ordinary backups for a short time.

You are responsible for what you post, and you confirm you have the right to post it. We do not check everything in advance, but we can remove anything that breaks these terms.

8. Reporting something that should not be here

If you see content that breaks these terms, or that infringes your copyright or another right, email app.support@upthink.ee. Tell us what the content is, where you saw it, why it should come down, and how to reach you. If you are reporting copyright, please confirm you are the owner or are acting for them.

We look at every report and act where the report is justified. We will tell you what we decided. If we remove something you posted, we will tell you why and you can reply to us and ask us to look again.

9. Our part of Arena

Arena itself, including its software, design, text, artwork and names, belongs to us or to the people we license it from. You may use it to play the game and for nothing else. These terms do not give you any ownership of it.

10. Market prices

Prices in Arena are delayed by roughly fifteen minutes and come from outside providers. They may be wrong, late, incomplete or missing, and a provider may stop supplying them. We do not promise they are accurate, and we are not responsible for what a provider gets wrong. Do not rely on them for anything outside the game.

11. Paid features

The game itself is free and stays free. Portfolios, leagues, streaks, standings and results are not behind a payment, and there are no adverts. There are two optional things you can pay for, and neither of them changes anything about how you are scored.

Arena Plus

A subscription that renews automatically until you stop it. Before you pay anything, you are shown the price, the currency, and how often you will be charged. Your receipt says the same. It gives you more streak freezes, more and larger leagues, your full history, and two titles only members can wear.

You can cancel at any time, yourself, in one tap, from the Arena Plus page. We will never ask you to phone or email us to stop paying. Cancelling takes effect at the end of the period you have already paid for, and you keep everything until then. We do not refund part of a period you have already used, except where the law says we must.

If a payment fails we do not take anything away straight away. Your card provider is given a few days to retry, and we tell you so you can fix it.

If we change the price, we will tell you before it takes effect and you can cancel before being charged the new amount.

Arena Coins

Coins are bought outright in bundles of a fixed size for a fixed price, and are spent on decoration. Every bundle says exactly how many coins you get and exactly what it costs before you pay. Every item says exactly what it costs before you buy it.

There are no randomised bundles, boxes or packs of any kind. You always see precisely what you are buying.

Coins are not money. They have no cash value, cannot be exchanged for money, cannot be sold, given away or moved to another account, and are not refundable once spent. If you close your account, or we close it, any unspent coins are gone. If we ever stop the game we will give reasonable notice so you can spend what you hold.

Changing your mind

Where the law gives you a period to change your mind after buying digital content, you have it. By starting a subscription or buying coins you are asking us to give you access immediately, and you accept that once we have, that right ends. We tell you this at the point of purchase as well as here.

The rule that does not move

Money never changes your score, your ranking, your odds, your starting balance or what you are able to trade. Everyone starts every week with the same amount, whether they have paid us anything or not. This is not a promise about our current plans. It is what the product is.

Payments are handled by Stripe. We never see or store your card details.

12. The game will change

Arena is a live product. We add things, remove things and adjust the rules of the game. We may change or stop any feature. If we make a change that takes away something significant you were relying on, we will tell you in advance where we reasonably can.

We try to keep Arena running, but we cannot promise it will always be available. It may be down for maintenance, or because something outside our control has gone wrong.

13. Ending this agreement

You can stop using Arena and close your account whenever you like.

We may close or suspend your account if you break these terms, if we have to for legal reasons, or if we stop offering Arena. Unless the law stops us, we will give you reasonable notice and a way to get your data first. If we stop offering Arena entirely, we will give you as much notice as we reasonably can.

When an account ends, the pretend money and the decoration in it end with it. They had no cash value, so nothing is refundable.

14. What we promise, and what we do not

We will provide Arena with reasonable care and skill. Beyond that, and as far as the law allows, we provide it as it is. We do not promise that it will be uninterrupted, error free, secure against every attack, or that the prices, scores or standings in it will always be correct.

If you are a consumer, you have rights under the law where you live that this section cannot take away. Nothing here affects those rights.

15. Limits on our responsibility

We are responsible for loss we cause you that we could reasonably have expected when you agreed to these terms. We are not responsible for:

• Anything you decide to do with real money.
• Loss of profit, income, business or opportunity.
• Loss caused by something outside our reasonable control, such as a failure at a supplier, a network problem, or an event we could not have prevented.
• Loss caused by you breaking these terms.

Where the law allows us to put a limit on the total amount we owe you, that limit is the greater of the amount you have paid us in the twelve months before the problem, and one hundred euros. Arena is free, so for most people that is one hundred euros.

Nothing in these terms limits our responsibility for death or personal injury caused by our negligence, for fraud, or for anything else that the law does not allow us to limit.

16. Changes to these terms

We may update these terms. Every version is dated, and the date at the top tells you which one is current.

If a change matters to you, we will tell you in the app or by email before it takes effect, and we will ask you to agree again. If you do not agree, you can close your account. Small corrections that do not affect your rights, such as fixing a typo or a broken link, take effect when we publish them.

17. If something goes wrong between us

Email privacy@upthink.ee first and tell us what happened. Most things are quicker to sort out that way, and we will reply.

If we cannot sort it out and you are a consumer in the European Union, you can take it to the Consumer Disputes Committee (Tarbijavaidluste komisjon) in Estonia, free of charge, at https://ttja.ee. You can also use a dispute body in your own country if there is one. Using one of these is optional, and it does not stop you going to court.

18. Which law applies, and where

These terms are governed by the law of Estonia.

If you are a consumer, that choice does not take away the protections you get automatically under the law of the country you live in, and it does not decide where you can go to court. You can always bring a claim in the courts of the country you live in, and if we bring a claim against you we will bring it there too.

19. Other things worth knowing

• If a court finds part of these terms cannot be enforced, the rest still applies.
• If we do not enforce something straight away, we have not given up the right to enforce it later.
• We may transfer this agreement to another company, for example if our business is sold. Your rights are not reduced by that. You cannot transfer your account to someone else.
• These terms, together with the privacy policy, are the whole agreement between us about Arena.
• These terms are written in English. A translation is for convenience, and the English version is the one that applies.

20. How to reach us

Upthink Solutions OÜ, Aiandi tn 8/2-28, Mustamäe linnaosa, 12915 Tallinn, Harju maakond, Estonia.

Product help: app.support@upthink.ee. Questions about these terms, or anything about your data: privacy@upthink.ee. See also our privacy policy.