Effective Date: The date on which you click “I approve the Beta Tester NDA terms.”

Company: Upstairs Games Ltd. (“Company,” “we,” “us”)Tester: The individual who clicks “I approve the Beta Tester terms” (“Tester,” “you”).

1. Purpose

The Company is providing you with pre‑release access to certain games, builds, features, services, content, keys, accounts, forums, documentation, and related materials (collectively, the “Beta Materials”) solely to evaluate, test, and provide us with gameplay feedback. You agree to keep the Beta Materials confidential and use them only as permitted by this Agreement.

2. Definitions

• Confidential Information means all non‑public information disclosed or made available by the Company, including without limitation: the Beta Materials; gameplay; story and lore; characters; art, UI/UX and assets; screenshots and videos; technical data; logs and telemetry; features; roadmaps; bugs; performance; communications; credentials; and any feedback you provide.
• Trade Secrets are a subset of Confidential Information that the Company treats as secret and that derives independent economic value from not being generally known.

3. Access; Accounts; Keys

• Access to the Beta Materials is personal, revocable, non‑exclusive, non‑transferable, and non‑sublicensable.
• No Transfers: You may not sell, license, loan, gift, trade, swap, or otherwise transfer any beta account, key, code, invite, or access right.
• You are responsible for safeguarding your credentials and for all activity under your account.

4. Confidentiality Obligations

• You will not disclose any Confidential Information to any person or entity without Company’s prior written consent.
• You will use Confidential Information solely for internal testing and evaluation as permitted by this Agreement.
• You will use at least reasonable care to protect Confidential Information and prevent unauthorized use or disclosure.
• Upon request or upon termination, you will promptly stop using, return, and/or securely destroy all Confidential Information and certify completion.
• Duration: These confidentiality obligations last until the later of (a) five (5) years after the end of your participation in the beta, or (b) the date the relevant information becomes publicly released by the Company; provided that Trade Secrets remain protected for so long as they qualify as trade secrets under applicable law.

5. Prohibited Conduct

• You agree not to:
  • Capture or Share: Make, share, or enable any screenshots, videos, clips, streams, broadcasts, posts, blogs, reviews, or commentary relating to the Beta Materials without express prior written permission from the Company.
  • Recordings: Record audio, video, or gameplay without Company’s written permission.
  • Benchmarking / Public Performance Data: Publish performance tests, benchmarks, or disclose bugs or exploits publicly.
  • Reverse Engineering: Reverse engineer, decompile, disassemble, scrape, or mine assets.
  • Circumvention: Bypass or tamper with authentication, DRM, anti‑cheat, or telemetry.
  • Cheating / Exploits: Use cheats, bots, exploits, or automation.
  • Commercial Use: Sell, rent, lease, or monetize the Beta Materials.
  • Third‑Party Sharing: Share keys, builds, or any Confidential Information with third parties.
• Exception: You may only publish or stream Beta Materials if you have Company’s prior written approval.