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Effective Date: June 3, 2026
Last Updated: June 3, 2026
Version: 1.0.0
1. INTRODUCTION AND ACCEPTANCE
1.1 Parties to This Agreement
This End User License Agreement (“EULA” or “Agreement”) is a legally binding contract between you (the “User” or “Player”) and JoMito Games, a sole proprietorship owned and operated by Jody Mitoma (“Developer,” “we,” “us,” or “our”), located in Canada. This Agreement governs your access to and use of the video game software titled “Beat Boxy” (the “Game”), including all related documentation, updates, patches, and online features.
1.2 Application of This Agreement
This Agreement applies to all versions of the Game:
Beat Boxy (Demo) – Free demonstration version with limited features
Beat Boxy (Free) – Free-to-play version supported by advertisements
Beat Boxy – Premium paid version (USD $6.49 or less)
Collectively referred to as the “Game Versions” or individually as a “Game Version.”
1.3 Acceptance of Terms
BY INSTALLING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT INSTALL, ACCESS, OR USE THE GAME.
If you are under the age of majority in your jurisdiction, you represent that you have obtained parental or guardian consent to use the Game in accordance with these terms.
IMPORTANT NOTE FOR USERS UNDER 13: In compliance with the Children’s Online Privacy Protection Act (COPPA) and similar regulations, children under the age of 13 may play the Game in “Guest Mode” only. Registered accounts requiring email addresses and usernames are not available to users under 13. See Section 4 for more information.
2. LICENSE GRANT AND RESTRICTIONS
2.1 Limited License
Subject to your compliance with this Agreement, JoMito Games grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) Download, install, and play the Game on compatible devices that you own or control;
(b) Use the Game for your personal, non-commercial entertainment purposes;
(c) Create reasonable backups of the Game solely for archival purposes.
2.2 License Restrictions
You may NOT:
(a) Copy, Modify, or Create Derivative Works: Copy, reproduce, modify, adapt, translate, or create derivative works based on the Game or any part thereof, except as expressly permitted by this Agreement or applicable law;
(b) Reverse Engineering: Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Game, except to the extent such activity is expressly permitted by applicable law notwithstanding this limitation;
(c) Distribution: Distribute, sell, rent, lease, lend, sublicense, or otherwise transfer the Game or your rights under this Agreement to any third party;
(d) Commercial Use: Use the Game for any commercial purpose, including but not limited to commercial streaming or broadcasting without proper attribution, or using the Game at commercial establishments (e.g., cyber cafes, gaming centers) without a separate commercial license;
(e) Cheating and Unauthorized Modifications: Use, develop, distribute, or promote cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Game experience, including:
Software that grants unfair advantages
Software that intercepts, mines, or collects data from the Game
Software that bypasses any security or access controls
(f) Circumvention: Circumvent, disable, or otherwise interfere with security-related features of the Game or features that prevent or restrict use or copying of any content;
(g) Unauthorized Access: Access or attempt to access areas of the Game or servers that are not publicly available, or probe, scan, or test the vulnerability of any system or network;
(h) Network Interference: Interfere with or disrupt the Game servers, networks, or services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Game;
(i) Impersonation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
2.3 Intellectual Property Rights
The Game and all content included therein (including but not limited to software, code, user interface, artwork, graphics, music, AI-generated audio, sound effects, animations, text, character designs, level designs, trademarks, and all intellectual property rights) are owned by JoMito Games or its licensors and are protected by Canadian copyright laws, international treaties, and other intellectual property laws.
Regarding AI-Generated Content: The music and certain audio assets in Beat Boxy were created using artificial intelligence tools prompted by the Developer. While these assets are original to the Game and not found elsewhere, you acknowledge that AI-generated content may have limitations on intellectual property protections in certain jurisdictions. JoMito Games retains all rights to the Game as a unified creative work.
2.4 Reservation of Rights
All rights not expressly granted to you under this Agreement are reserved by JoMito Games. This Agreement does not transfer ownership of the Game or any copy thereof to you.
3. GAME VERSIONS AND FEATURES
3.1 Beat Boxy (Demo)
The Demo version is provided free of charge and includes:
Access to 3 introductory levels
Unlimited playtime on available levels
Limitations: No Inventory/Shop/Profile features; no registered account creation
3.2 Beat Boxy (Free)
The Free version includes:
Access to all 24 levels
Full Inventory/Shop/Profile features
Optional registered account creation (13+)
Cloud save synchronization
Advertisements: This version displays third-party advertisements served by Google AdMob
3.3 Beat Boxy (Paid/Premium)
The Paid version includes:
Access to all 24 levels
Full Inventory/Shop/Profile features
Optional registered account creation (13+)
Cloud save synchronization
No advertisements
One-time purchase price of USD $6.49 or less
3.4 Version-Specific Terms
Features available to you depend on the Game Version you have obtained. Not all features described in this Agreement may be available in all versions. JoMito Games reserves the right to modify, add, or remove features from any Game Version with updates.
4. USER ACCOUNTS AND AGE REQUIREMENTS
4.1 Guest Mode
All Game Versions support “Guest Mode,” which allows you to play without creating a registered account. In Guest Mode:
Game progress is stored locally on your device
Cloud save features are not available
Certain social features (leaderboards, achievements display) may be limited
4.2 Registered Accounts
To access cloud saves, full leaderboard participation, and certain social features, you may optionally create a registered account by providing:
A username (not your real name)
An email address
You agree to:
(a) Provide accurate and complete information when creating your account;
(b) Maintain the security of your account credentials;
(c) Promptly notify JoMito Games of any unauthorized use of your account;
(d) Accept responsibility for all activities that occur under your account.
4.3 Age Requirements for Registered Accounts
IMPORTANT: To create a registered account, you must be at least 13 years of age. By creating a registered account, you represent and warrant that you are 13 years of age or older.
Users under the age of 13 may continue to play the Game in Guest Mode. We do not knowingly collect personal information from children under 13 without parental consent, in compliance with COPPA and similar regulations.
If you are a parent or guardian and believe your child under 13 has created a registered account, please contact us immediately at hello@beatboxy.com so we can take appropriate action.
4.4 Account Termination
You may terminate your account at any time by contacting us. JoMito Games reserves the right to suspend or terminate your account, with or without notice, for:
Violations of this Agreement
Extended periods of inactivity
Fraudulent or illegal activity
Any other reason at our sole discretion
Upon termination, your right to use the Game features associated with your account will immediately cease.
5. VIRTUAL CURRENCY AND ITEMS
5.1 Virtual Currencies
The Game includes two types of virtual currency:
Gems: Earned through gameplay by collecting them in levels, watching advertisements (Free version only), or claiming a free daily gem in the Gem Shop
Achievement Points: Earned by unlocking in-game achievements
5.2 Virtual Items
Virtual currency may be used to purchase:
In-game outfits for your character
In-game stickers
5.3 No Real-World Value
CRITICAL NOTICE: Virtual currency and virtual items have no real-world monetary value and cannot be:
Exchanged for real money, goods, or services outside of the Game
Transferred between users or accounts
Sold, traded, or bartered outside the Game’s intended mechanics
5.4 No Real Money Transactions
Beat Boxy does not offer any in-app purchases using real money. All virtual items and currencies must be earned through gameplay as described in Section 5.1.
5.5 Modifications and Balancing
JoMito Games reserves the right to modify, rebalance, or discontinue any virtual currency or virtual item at any time, with or without notice, as part of game updates, balancing, or maintenance.
5.6 Loss of Virtual Currency
JoMito Games is not responsible for lost virtual currency or items due to:
Account termination for violations of this Agreement
Device failure or data loss in Guest Mode
User error or negligence
6. ADVERTISING (FREE VERSION ONLY)
6.1 Ad-Supported Version
Beat Boxy (Free) is supported by third-party advertisements served through Google AdMob.
6.2 Ad Content and Placement
By using the Free version, you acknowledge and agree that:
(a) Advertisements may be displayed during gameplay, between levels, or at other points in the Game
(b) JoMito Games does not control the specific content of advertisements served by third-party networks
(c) Some advertisements may offer rewards (such as Gems) for viewing
6.3 Ad Personalization and Data Collection
Google AdMob may collect certain data to serve personalized advertisements, including:
Device information
IP address
General location data
Advertising identifiers
For more information about how Google collects and uses data, please visit: https://policies.google.com/privacy
6.4 Ad Limitations in Paid Version
Beat Boxy (Paid) does not display third-party advertisements.
6.5 Rewarded Advertisements
Watching optional rewarded advertisements in the Free version may grant in-game benefits (Gems). These benefits are provided “as is” and JoMito Games does not guarantee availability, functionality, or specific rewards from any advertisement.
7. DATA COLLECTION AND PRIVACY
7.1 Information We Collect
When you use the Game, we collect the following types of information:
Gameplay Data:
Level scores and completion status
Total accumulated score
Playtime statistics
In-game actions (number of jumps, slides, air time, gems collected)
Achievement unlock status
Game settings and preferences
Account Data (Registered Users Only):
Username
Email address
Account creation date and last login
Technical Data:
Device type and operating system
Game version and build number
Crash reports and error logs
7.2 Third-Party Services
The Game integrates with the following third-party services:
Talo:
Cloud save synchronization
Leaderboards and scoring services
Achievement tracking
User account management
Steam (Steam Versions Only):
Steam Cloud save synchronization
Steam Achievements
Steam Leaderboards
Steam Workshop (when level editor is released)
Google AdMob (Free Version Only):
Advertisement serving and delivery
Ad performance analytics
7.3 Data Synchronization
When you create a registered account or use cloud save features, your gameplay data is synchronized across devices through Talo and/or Steam services. This data is subject to the privacy policies of those respective services in addition to ours.
7.4 Privacy Policy
Your use of the Game is also governed by our Privacy Policy, which is incorporated by reference into this Agreement. The Privacy Policy explains in detail how we collect, use, store, and protect your information. Please review the Privacy Policy at https://beatboxy.com/privacy.
7.5 Data Retention
We retain your data as long as your account is active or as needed to provide you services. You may request deletion of your registered account and associated data by contacting us. Certain gameplay data (such as leaderboard entries) may be retained in aggregated or anonymized form even after account deletion.
7.6 Push Notifications
The Game may offer optional push notifications for:
Daily free gem reminders
Game updates and events
Push notifications are sent only with your explicit consent. You may enable or disable notifications at any time through:
Your device settings (system-level controls)
In-game settings (for daily gem notifications specifically)
To withdraw consent for push notifications, disable them in your device settings or the game settings menu.
8. USER CONDUCT AND COMMUNITY STANDARDS
8.1 Prohibited Conduct
When using the Game, you agree NOT to:
(a) Harass, bully, threaten, or intimidate other users;
(b) Post, transmit, or promote content that is:
Unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another’s privacy
Hateful, racially, ethnically, or otherwise objectionable
Infringing on any patent, trademark, trade secret, copyright, or other proprietary rights
Constituting unsolicited or unauthorized advertising, promotional materials, “spam,” or any other form of solicitation
(c) Impersonate any person or entity, including JoMito Games staff;
(d) Solicit personal information from other users;
(e) Use the Game to conduct any illegal activities;
(f) Attempt to gain unauthorized access to any portion of the Game or any other systems or networks connected to the Game;
(g) Interfere with or disrupt the Game servers or networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Game.
8.2 Username Guidelines
When choosing a username for a registered account, you may not use:
Profanity, offensive language, or slurs
Names that impersonate other users, celebrities, or JoMito Games staff
Names that infringe on trademarks or other intellectual property
Names that contain personal information (addresses, phone numbers, etc.)
JoMito Games reserves the right to modify or terminate any username that violates these guidelines.
8.3 Consequences of Violations
Violations of this Section may result in:
Temporary or permanent suspension of your account
Removal of content or privileges
Restriction from leaderboard participation
Legal action, if warranted
9. UPDATES AND MAINTENANCE
9.1 Automatic Updates
The Game may automatically download and install updates, patches, and other modifications to improve performance, add features, or fix issues. You agree to receive such updates as part of your use of the Game.
9.2 Required Updates
Certain updates may be required to continue using the Game, accessing online features, or maintaining compatibility. Failure to install required updates may result in loss of functionality.
9.3 Service Interruptions
JoMito Games reserves the right to modify, suspend, or discontinue the Game (or any part thereof), including online services, leaderboards, and cloud saves, temporarily or permanently, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Game or its services.
10. DISCLAIMER OF WARRANTIES
10.1 “As Is” Basis
THE GAME IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
10.2 No Guarantee of Uninterrupted Service
JoMito Games does not warrant that:
(a) The Game will meet your requirements or expectations;
(b) The Game will be uninterrupted, timely, secure, or error-free;
(c) The results obtained from the use of the Game will be accurate or reliable;
(d) Any errors in the Game will be corrected.
10.3 Device and Data Responsibility
You are solely responsible for maintaining the confidentiality of your device and for any activities that occur through your device. JoMito Games is not responsible for data loss, including but not limited to:
Save data corruption
Loss of virtual currency or items
Progress loss due to device failure
We strongly recommend using cloud save features (available with registered accounts) to protect your progress.
10.4 Third-Party Services Disclaimer
JoMito Games is not responsible for the availability, functionality, or content of third-party services integrated into the Game, including but not limited to:
Steam services (Valve Corporation)
Talo services
Google AdMob services
Your use of these services is subject to their respective terms of service and privacy policies.
11. LIMITATION OF LIABILITY
11.1 Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOMITO GAMES, JODY MITOMA, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:
(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
(b) LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
(c) DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE GAME;
(d) DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE GAME;
(e) DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN.
11.2 Liability Cap
IN NO EVENT SHALL THE TOTAL LIABILITY OF JOMITO GAMES OR JODY MITOMA TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE GAME IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF YOU HAVE PAID NOTHING, THEN ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
11.3 Applicable Law Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless JoMito Games, Jody Mitoma, and their respective affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from:
(a) Your use of and access to the Game;
(b) Your violation of any term of this Agreement;
(c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
(d) Any claim that your conduct caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Game.
13. TERMINATION
13.1 Termination by User
You may terminate this Agreement at any time by:
(a) Deleting the Game from all your devices;
(b) Deleting your registered account (if applicable) by contacting us;
(c) Ceasing all use of the Game.
13.2 Termination by JoMito Games
JoMito Games may terminate or suspend this Agreement and your access to the Game (including any registered account) immediately, without prior notice or liability, for any reason, including without limitation if you breach this Agreement.
13.3 Effect of Termination
Upon termination:
(a) All licenses granted to you under this Agreement will immediately cease;
(b) You must immediately cease all use of the Game and delete all copies from your devices;
(c) Any virtual currency or items associated with your account may be forfeited;
(d) Your account data may be retained as required by law or for legitimate business purposes;
(e) Any provisions that by their nature should survive termination shall survive.
13.4 No Refund
Except as required by applicable law or platform-specific policies, you are not entitled to any refund upon termination of this Agreement, including but not limited to:
Termination for violations of this Agreement
Voluntary uninstallation of the Paid version
Discontinuation of the Game or any of its services
14. GOVERNING LAW AND JURISDICTION
14.1 Governing Law
This Agreement and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to its conflict of law principles.
14.2 Jurisdiction and Venue
Any legal action or proceeding arising out of or related to this Agreement or the Game shall be instituted exclusively in the courts of the Province of Ontario, Canada. You agree to submit to the jurisdiction of these courts and waive any objection to venue laid therein.
14.3 International Users
If you access the Game from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You acknowledge that the Game is intended for use in jurisdictions where it is legal to do so.
15. DISPUTE RESOLUTION
15.1 Informal Resolution
Before initiating any formal legal proceeding, you agree to first contact JoMito Games to attempt to resolve any dispute informally. Contact us at hello@beatboxy.com with a detailed description of your concern. We will attempt to resolve the dispute informally within 30 days of receiving your notice.
15.2 Arbitration (Optional)
If informal resolution is unsuccessful, and where permitted by applicable law, you and JoMito Games agree to resolve any dispute through binding arbitration rather than in court. The arbitration shall be conducted in English in Toronto, Ontario, Canada, under the rules of the Canadian Arbitration Association.
15.3 Class Action Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND JOMITO GAMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15.4 Injunctive Relief
Notwithstanding the above, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of disputes.
16. PLATFORM-SPECIFIC TERMS
16.1 Steam Platform
If you obtained the Game through Steam, this Agreement is in addition to the Steam Subscriber Agreement. In the event of any conflict between this Agreement and the Steam Subscriber Agreement regarding Steam-specific features, the Steam Subscriber Agreement shall prevail.
16.2 Mobile Platforms (iOS and Android)
If you obtained the Game through the Apple App Store or Google Play Store:
(a) You acknowledge that this Agreement is between you and JoMito Games, not with Apple Inc. or Google LLC;
(b) The platform provider is not responsible for the Game or its content;
(c) Any refunds are subject to the platform provider’s refund policies;
(d) You must comply with the platform provider’s terms of service in addition to this Agreement.
16.3 Third-Party Storefronts
If you obtained the Game through any other third-party storefront (e.g., Epic Games Store, GOG, itch.io), you agree to comply with that platform’s terms of service in addition to this Agreement.
17. EXPORT CONTROL AND SANCTIONS
You may not use or otherwise export or re-export the Game except as authorized by Canadian law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported:
(a) Into any country embargoed by Canada, the United States, the European Union, or the United Nations;
(b) To anyone on the Canadian, U.S., or EU lists of sanctioned or prohibited parties;
(c) To any country where such export would violate applicable export control or sanctions laws.
By using the Game, you represent and warrant that you are not located in any such country or on any such list.
18. SEVERABILITY AND WAIVER
18.1 Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
18.2 No Waiver
The failure of JoMito Games to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JoMito Games.
18.3 Entire Agreement
This Agreement, together with the Privacy Policy and any other legal notices published by JoMito Games on the Game, shall constitute the entire agreement between you and JoMito Games concerning the Game and supersedes all prior or contemporaneous agreements, whether written or oral.
19. CHANGES TO THIS AGREEMENT
19.1 Right to Modify
JoMito Games reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect, either through the Game, email, or by posting notice on our website.
19.2 Acceptance of Changes
What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Game after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Game.
19.3 Current Version
The current version of this Agreement is dated June 3, 2026, and applies to Game version 1.0.0.
20. CONTACT INFORMATION
If you have any questions about this Agreement, the Game, or your account, please contact us:
JoMito Games
Attn: Jody Mitoma
Email: hello@beatboxy.com
Website: https://beatboxy.com
For privacy-related inquiries, please also see our Privacy Policy at https://beatboxy.com/privacy.
21. ACKNOWLEDGMENT
BY USING BEAT BOXY, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO ACKNOWLEDGE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND JOMITO GAMES AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND JOMITO GAMES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
END OF TERMS OF SERVICE / EULA
Copyright 2026 JoMito Games. All rights reserved.
Last Updated: June 3, 2026
Version: 1.0.0
1. INTRODUCTION AND ACCEPTANCE
1.1 Parties to This Agreement
This End User License Agreement (“EULA” or “Agreement”) is a legally binding contract between you (the “User” or “Player”) and JoMito Games, a sole proprietorship owned and operated by Jody Mitoma (“Developer,” “we,” “us,” or “our”), located in Canada. This Agreement governs your access to and use of the video game software titled “Beat Boxy” (the “Game”), including all related documentation, updates, patches, and online features.
1.2 Application of This Agreement
This Agreement applies to all versions of the Game:
Beat Boxy (Demo) – Free demonstration version with limited features
Beat Boxy (Free) – Free-to-play version supported by advertisements
Beat Boxy – Premium paid version (USD $6.49 or less)
Collectively referred to as the “Game Versions” or individually as a “Game Version.”
1.3 Acceptance of Terms
BY INSTALLING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT INSTALL, ACCESS, OR USE THE GAME.
If you are under the age of majority in your jurisdiction, you represent that you have obtained parental or guardian consent to use the Game in accordance with these terms.
IMPORTANT NOTE FOR USERS UNDER 13: In compliance with the Children’s Online Privacy Protection Act (COPPA) and similar regulations, children under the age of 13 may play the Game in “Guest Mode” only. Registered accounts requiring email addresses and usernames are not available to users under 13. See Section 4 for more information.
2. LICENSE GRANT AND RESTRICTIONS
2.1 Limited License
Subject to your compliance with this Agreement, JoMito Games grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) Download, install, and play the Game on compatible devices that you own or control;
(b) Use the Game for your personal, non-commercial entertainment purposes;
(c) Create reasonable backups of the Game solely for archival purposes.
2.2 License Restrictions
You may NOT:
(a) Copy, Modify, or Create Derivative Works: Copy, reproduce, modify, adapt, translate, or create derivative works based on the Game or any part thereof, except as expressly permitted by this Agreement or applicable law;
(b) Reverse Engineering: Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Game, except to the extent such activity is expressly permitted by applicable law notwithstanding this limitation;
(c) Distribution: Distribute, sell, rent, lease, lend, sublicense, or otherwise transfer the Game or your rights under this Agreement to any third party;
(d) Commercial Use: Use the Game for any commercial purpose, including but not limited to commercial streaming or broadcasting without proper attribution, or using the Game at commercial establishments (e.g., cyber cafes, gaming centers) without a separate commercial license;
(e) Cheating and Unauthorized Modifications: Use, develop, distribute, or promote cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Game experience, including:
Software that grants unfair advantages
Software that intercepts, mines, or collects data from the Game
Software that bypasses any security or access controls
(f) Circumvention: Circumvent, disable, or otherwise interfere with security-related features of the Game or features that prevent or restrict use or copying of any content;
(g) Unauthorized Access: Access or attempt to access areas of the Game or servers that are not publicly available, or probe, scan, or test the vulnerability of any system or network;
(h) Network Interference: Interfere with or disrupt the Game servers, networks, or services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Game;
(i) Impersonation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
2.3 Intellectual Property Rights
The Game and all content included therein (including but not limited to software, code, user interface, artwork, graphics, music, AI-generated audio, sound effects, animations, text, character designs, level designs, trademarks, and all intellectual property rights) are owned by JoMito Games or its licensors and are protected by Canadian copyright laws, international treaties, and other intellectual property laws.
Regarding AI-Generated Content: The music and certain audio assets in Beat Boxy were created using artificial intelligence tools prompted by the Developer. While these assets are original to the Game and not found elsewhere, you acknowledge that AI-generated content may have limitations on intellectual property protections in certain jurisdictions. JoMito Games retains all rights to the Game as a unified creative work.
2.4 Reservation of Rights
All rights not expressly granted to you under this Agreement are reserved by JoMito Games. This Agreement does not transfer ownership of the Game or any copy thereof to you.
3. GAME VERSIONS AND FEATURES
3.1 Beat Boxy (Demo)
The Demo version is provided free of charge and includes:
Access to 3 introductory levels
Unlimited playtime on available levels
Limitations: No Inventory/Shop/Profile features; no registered account creation
3.2 Beat Boxy (Free)
The Free version includes:
Access to all 24 levels
Full Inventory/Shop/Profile features
Optional registered account creation (13+)
Cloud save synchronization
Advertisements: This version displays third-party advertisements served by Google AdMob
3.3 Beat Boxy (Paid/Premium)
The Paid version includes:
Access to all 24 levels
Full Inventory/Shop/Profile features
Optional registered account creation (13+)
Cloud save synchronization
No advertisements
One-time purchase price of USD $6.49 or less
3.4 Version-Specific Terms
Features available to you depend on the Game Version you have obtained. Not all features described in this Agreement may be available in all versions. JoMito Games reserves the right to modify, add, or remove features from any Game Version with updates.
4. USER ACCOUNTS AND AGE REQUIREMENTS
4.1 Guest Mode
All Game Versions support “Guest Mode,” which allows you to play without creating a registered account. In Guest Mode:
Game progress is stored locally on your device
Cloud save features are not available
Certain social features (leaderboards, achievements display) may be limited
4.2 Registered Accounts
To access cloud saves, full leaderboard participation, and certain social features, you may optionally create a registered account by providing:
A username (not your real name)
An email address
You agree to:
(a) Provide accurate and complete information when creating your account;
(b) Maintain the security of your account credentials;
(c) Promptly notify JoMito Games of any unauthorized use of your account;
(d) Accept responsibility for all activities that occur under your account.
4.3 Age Requirements for Registered Accounts
IMPORTANT: To create a registered account, you must be at least 13 years of age. By creating a registered account, you represent and warrant that you are 13 years of age or older.
Users under the age of 13 may continue to play the Game in Guest Mode. We do not knowingly collect personal information from children under 13 without parental consent, in compliance with COPPA and similar regulations.
If you are a parent or guardian and believe your child under 13 has created a registered account, please contact us immediately at hello@beatboxy.com so we can take appropriate action.
4.4 Account Termination
You may terminate your account at any time by contacting us. JoMito Games reserves the right to suspend or terminate your account, with or without notice, for:
Violations of this Agreement
Extended periods of inactivity
Fraudulent or illegal activity
Any other reason at our sole discretion
Upon termination, your right to use the Game features associated with your account will immediately cease.
5. VIRTUAL CURRENCY AND ITEMS
5.1 Virtual Currencies
The Game includes two types of virtual currency:
Gems: Earned through gameplay by collecting them in levels, watching advertisements (Free version only), or claiming a free daily gem in the Gem Shop
Achievement Points: Earned by unlocking in-game achievements
5.2 Virtual Items
Virtual currency may be used to purchase:
In-game outfits for your character
In-game stickers
5.3 No Real-World Value
CRITICAL NOTICE: Virtual currency and virtual items have no real-world monetary value and cannot be:
Exchanged for real money, goods, or services outside of the Game
Transferred between users or accounts
Sold, traded, or bartered outside the Game’s intended mechanics
5.4 No Real Money Transactions
Beat Boxy does not offer any in-app purchases using real money. All virtual items and currencies must be earned through gameplay as described in Section 5.1.
5.5 Modifications and Balancing
JoMito Games reserves the right to modify, rebalance, or discontinue any virtual currency or virtual item at any time, with or without notice, as part of game updates, balancing, or maintenance.
5.6 Loss of Virtual Currency
JoMito Games is not responsible for lost virtual currency or items due to:
Account termination for violations of this Agreement
Device failure or data loss in Guest Mode
User error or negligence
6. ADVERTISING (FREE VERSION ONLY)
6.1 Ad-Supported Version
Beat Boxy (Free) is supported by third-party advertisements served through Google AdMob.
6.2 Ad Content and Placement
By using the Free version, you acknowledge and agree that:
(a) Advertisements may be displayed during gameplay, between levels, or at other points in the Game
(b) JoMito Games does not control the specific content of advertisements served by third-party networks
(c) Some advertisements may offer rewards (such as Gems) for viewing
6.3 Ad Personalization and Data Collection
Google AdMob may collect certain data to serve personalized advertisements, including:
Device information
IP address
General location data
Advertising identifiers
For more information about how Google collects and uses data, please visit: https://policies.google.com/privacy
6.4 Ad Limitations in Paid Version
Beat Boxy (Paid) does not display third-party advertisements.
6.5 Rewarded Advertisements
Watching optional rewarded advertisements in the Free version may grant in-game benefits (Gems). These benefits are provided “as is” and JoMito Games does not guarantee availability, functionality, or specific rewards from any advertisement.
7. DATA COLLECTION AND PRIVACY
7.1 Information We Collect
When you use the Game, we collect the following types of information:
Gameplay Data:
Level scores and completion status
Total accumulated score
Playtime statistics
In-game actions (number of jumps, slides, air time, gems collected)
Achievement unlock status
Game settings and preferences
Account Data (Registered Users Only):
Username
Email address
Account creation date and last login
Technical Data:
Device type and operating system
Game version and build number
Crash reports and error logs
7.2 Third-Party Services
The Game integrates with the following third-party services:
Talo:
Cloud save synchronization
Leaderboards and scoring services
Achievement tracking
User account management
Steam (Steam Versions Only):
Steam Cloud save synchronization
Steam Achievements
Steam Leaderboards
Steam Workshop (when level editor is released)
Google AdMob (Free Version Only):
Advertisement serving and delivery
Ad performance analytics
7.3 Data Synchronization
When you create a registered account or use cloud save features, your gameplay data is synchronized across devices through Talo and/or Steam services. This data is subject to the privacy policies of those respective services in addition to ours.
7.4 Privacy Policy
Your use of the Game is also governed by our Privacy Policy, which is incorporated by reference into this Agreement. The Privacy Policy explains in detail how we collect, use, store, and protect your information. Please review the Privacy Policy at https://beatboxy.com/privacy.
7.5 Data Retention
We retain your data as long as your account is active or as needed to provide you services. You may request deletion of your registered account and associated data by contacting us. Certain gameplay data (such as leaderboard entries) may be retained in aggregated or anonymized form even after account deletion.
7.6 Push Notifications
The Game may offer optional push notifications for:
Daily free gem reminders
Game updates and events
Push notifications are sent only with your explicit consent. You may enable or disable notifications at any time through:
Your device settings (system-level controls)
In-game settings (for daily gem notifications specifically)
To withdraw consent for push notifications, disable them in your device settings or the game settings menu.
8. USER CONDUCT AND COMMUNITY STANDARDS
8.1 Prohibited Conduct
When using the Game, you agree NOT to:
(a) Harass, bully, threaten, or intimidate other users;
(b) Post, transmit, or promote content that is:
Unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another’s privacy
Hateful, racially, ethnically, or otherwise objectionable
Infringing on any patent, trademark, trade secret, copyright, or other proprietary rights
Constituting unsolicited or unauthorized advertising, promotional materials, “spam,” or any other form of solicitation
(c) Impersonate any person or entity, including JoMito Games staff;
(d) Solicit personal information from other users;
(e) Use the Game to conduct any illegal activities;
(f) Attempt to gain unauthorized access to any portion of the Game or any other systems or networks connected to the Game;
(g) Interfere with or disrupt the Game servers or networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Game.
8.2 Username Guidelines
When choosing a username for a registered account, you may not use:
Profanity, offensive language, or slurs
Names that impersonate other users, celebrities, or JoMito Games staff
Names that infringe on trademarks or other intellectual property
Names that contain personal information (addresses, phone numbers, etc.)
JoMito Games reserves the right to modify or terminate any username that violates these guidelines.
8.3 Consequences of Violations
Violations of this Section may result in:
Temporary or permanent suspension of your account
Removal of content or privileges
Restriction from leaderboard participation
Legal action, if warranted
9. UPDATES AND MAINTENANCE
9.1 Automatic Updates
The Game may automatically download and install updates, patches, and other modifications to improve performance, add features, or fix issues. You agree to receive such updates as part of your use of the Game.
9.2 Required Updates
Certain updates may be required to continue using the Game, accessing online features, or maintaining compatibility. Failure to install required updates may result in loss of functionality.
9.3 Service Interruptions
JoMito Games reserves the right to modify, suspend, or discontinue the Game (or any part thereof), including online services, leaderboards, and cloud saves, temporarily or permanently, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Game or its services.
10. DISCLAIMER OF WARRANTIES
10.1 “As Is” Basis
THE GAME IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
10.2 No Guarantee of Uninterrupted Service
JoMito Games does not warrant that:
(a) The Game will meet your requirements or expectations;
(b) The Game will be uninterrupted, timely, secure, or error-free;
(c) The results obtained from the use of the Game will be accurate or reliable;
(d) Any errors in the Game will be corrected.
10.3 Device and Data Responsibility
You are solely responsible for maintaining the confidentiality of your device and for any activities that occur through your device. JoMito Games is not responsible for data loss, including but not limited to:
Save data corruption
Loss of virtual currency or items
Progress loss due to device failure
We strongly recommend using cloud save features (available with registered accounts) to protect your progress.
10.4 Third-Party Services Disclaimer
JoMito Games is not responsible for the availability, functionality, or content of third-party services integrated into the Game, including but not limited to:
Steam services (Valve Corporation)
Talo services
Google AdMob services
Your use of these services is subject to their respective terms of service and privacy policies.
11. LIMITATION OF LIABILITY
11.1 Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOMITO GAMES, JODY MITOMA, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:
(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
(b) LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
(c) DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE GAME;
(d) DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE GAME;
(e) DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN.
11.2 Liability Cap
IN NO EVENT SHALL THE TOTAL LIABILITY OF JOMITO GAMES OR JODY MITOMA TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE GAME IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF YOU HAVE PAID NOTHING, THEN ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
11.3 Applicable Law Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless JoMito Games, Jody Mitoma, and their respective affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from:
(a) Your use of and access to the Game;
(b) Your violation of any term of this Agreement;
(c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
(d) Any claim that your conduct caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Game.
13. TERMINATION
13.1 Termination by User
You may terminate this Agreement at any time by:
(a) Deleting the Game from all your devices;
(b) Deleting your registered account (if applicable) by contacting us;
(c) Ceasing all use of the Game.
13.2 Termination by JoMito Games
JoMito Games may terminate or suspend this Agreement and your access to the Game (including any registered account) immediately, without prior notice or liability, for any reason, including without limitation if you breach this Agreement.
13.3 Effect of Termination
Upon termination:
(a) All licenses granted to you under this Agreement will immediately cease;
(b) You must immediately cease all use of the Game and delete all copies from your devices;
(c) Any virtual currency or items associated with your account may be forfeited;
(d) Your account data may be retained as required by law or for legitimate business purposes;
(e) Any provisions that by their nature should survive termination shall survive.
13.4 No Refund
Except as required by applicable law or platform-specific policies, you are not entitled to any refund upon termination of this Agreement, including but not limited to:
Termination for violations of this Agreement
Voluntary uninstallation of the Paid version
Discontinuation of the Game or any of its services
14. GOVERNING LAW AND JURISDICTION
14.1 Governing Law
This Agreement and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to its conflict of law principles.
14.2 Jurisdiction and Venue
Any legal action or proceeding arising out of or related to this Agreement or the Game shall be instituted exclusively in the courts of the Province of Ontario, Canada. You agree to submit to the jurisdiction of these courts and waive any objection to venue laid therein.
14.3 International Users
If you access the Game from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You acknowledge that the Game is intended for use in jurisdictions where it is legal to do so.
15. DISPUTE RESOLUTION
15.1 Informal Resolution
Before initiating any formal legal proceeding, you agree to first contact JoMito Games to attempt to resolve any dispute informally. Contact us at hello@beatboxy.com with a detailed description of your concern. We will attempt to resolve the dispute informally within 30 days of receiving your notice.
15.2 Arbitration (Optional)
If informal resolution is unsuccessful, and where permitted by applicable law, you and JoMito Games agree to resolve any dispute through binding arbitration rather than in court. The arbitration shall be conducted in English in Toronto, Ontario, Canada, under the rules of the Canadian Arbitration Association.
15.3 Class Action Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND JOMITO GAMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15.4 Injunctive Relief
Notwithstanding the above, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of disputes.
16. PLATFORM-SPECIFIC TERMS
16.1 Steam Platform
If you obtained the Game through Steam, this Agreement is in addition to the Steam Subscriber Agreement. In the event of any conflict between this Agreement and the Steam Subscriber Agreement regarding Steam-specific features, the Steam Subscriber Agreement shall prevail.
16.2 Mobile Platforms (iOS and Android)
If you obtained the Game through the Apple App Store or Google Play Store:
(a) You acknowledge that this Agreement is between you and JoMito Games, not with Apple Inc. or Google LLC;
(b) The platform provider is not responsible for the Game or its content;
(c) Any refunds are subject to the platform provider’s refund policies;
(d) You must comply with the platform provider’s terms of service in addition to this Agreement.
16.3 Third-Party Storefronts
If you obtained the Game through any other third-party storefront (e.g., Epic Games Store, GOG, itch.io), you agree to comply with that platform’s terms of service in addition to this Agreement.
17. EXPORT CONTROL AND SANCTIONS
You may not use or otherwise export or re-export the Game except as authorized by Canadian law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported:
(a) Into any country embargoed by Canada, the United States, the European Union, or the United Nations;
(b) To anyone on the Canadian, U.S., or EU lists of sanctioned or prohibited parties;
(c) To any country where such export would violate applicable export control or sanctions laws.
By using the Game, you represent and warrant that you are not located in any such country or on any such list.
18. SEVERABILITY AND WAIVER
18.1 Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
18.2 No Waiver
The failure of JoMito Games to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JoMito Games.
18.3 Entire Agreement
This Agreement, together with the Privacy Policy and any other legal notices published by JoMito Games on the Game, shall constitute the entire agreement between you and JoMito Games concerning the Game and supersedes all prior or contemporaneous agreements, whether written or oral.
19. CHANGES TO THIS AGREEMENT
19.1 Right to Modify
JoMito Games reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect, either through the Game, email, or by posting notice on our website.
19.2 Acceptance of Changes
What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Game after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Game.
19.3 Current Version
The current version of this Agreement is dated June 3, 2026, and applies to Game version 1.0.0.
20. CONTACT INFORMATION
If you have any questions about this Agreement, the Game, or your account, please contact us:
JoMito Games
Attn: Jody Mitoma
Email: hello@beatboxy.com
Website: https://beatboxy.com
For privacy-related inquiries, please also see our Privacy Policy at https://beatboxy.com/privacy.
21. ACKNOWLEDGMENT
BY USING BEAT BOXY, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO ACKNOWLEDGE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND JOMITO GAMES AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND JOMITO GAMES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
END OF TERMS OF SERVICE / EULA
Copyright 2026 JoMito Games. All rights reserved.