Terms of Service

The terms of this agreement govern the relationship between you and Top Hat Studios regarding your use of our game Lab Rats (“Game”), Top Hat Studios’ websites, Companion Apps, products, and/or any related services (collectively “Services”) provided by Top Hat Studios.

IMPORTANT NOTICE: For United States residents, you also agree that disputes with Top Hat Studios. (“Top Hat Studios”, “we”, “us,” “our”) must be resolved on an individual basis through final and binding arbitration in the State of California in the United States of America as described in detail in Section 15.

1. Agreement to Terms and Privacy Policy

Please read carefully before agreeing. By using any of the Services provided by Top Hat Studios, you agree to be bound by these Terms of Service (ToS) and our Privacy Policy. If you do not agree, please do not use any of the Services.

2. Privacy Policy

Your privacy is one of our main priorities, so please take time to read. The game automatically creates and updates an account tied to your Meta User ID, a unique string of numbers provided by Meta. Aside from your Meta User ID which could be used to identify your Oculus account, no information stored in your game account can be used to identify you.

This account contains the following information:

• Your chosen display name

• Your owned items

• Your owned and equipped cosmetics

• Your history of purchases within the game

• Amount of currency you own

For your own safety, do not disclose any personal information to anyone while using Services. Top Hat Studios developers will never ask for any personal information.

2.1 Voice Data

We may record, temporarily store, and reserve the right to monitor player voice chat in playing Lab Rats in order to help Top Hat Studios with player moderation. This allows us to help ensure Community Guidelines are being met and no inappropriate behavior is blatantly displayed by players.

For a full review of our Privacy Policy visit it here.

For a full review of Meta’s Privacy Policy visit https://www.meta.com/legal/quest/privacy-policy-for-oculus-account-users/. 

3. Children

“Children” are any person under the age of 13 in the United States or the legal age of majority in your country of residence (you are responsible for knowing the age requirement in your country of residence). 

“Lab Rats” is not designed for Children under the age of 13. Top Hat Studios does not intentionally or knowingly collect, use, store, disclose, or otherwise process any personal information about Children. If we are notified that Children are playing, their account will be banned.

If a child is between 10 and 12 years old (or the applicable age in your region), then they MUST HAVE a Meta account for Meta Quest that is set up and managed by a parent or guardian (Parent Managed Account), which includes a parent or guardian approving app download requests. When a child wants to download a new app, they will need to select Send request on the app’s page. This sends their parent or guardian a request to review.

If you are 13 years old or over, but under the age of 18 (“Ward”) or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these terms and conditions with your parent or guardian. Make sure you both understand and agree to these terms and conditions. If you are a parent or guardian and agree to these terms, you accept full responsibility for your Ward’s use of the Game or Services provided by Top Hat Studios, including any financial charges and legal liabilities that your Ward may incur. 

If you have any concerns about Children or need their information removed, please let us know on the support channel in our Discord or email us at top.hat.studiosvr@gmail.com.

4. Account Requirements 

If you want to play “Lab Rats”, you must have a valid Meta account (“Account”). Top Hat Studios does not create or monitor Accounts, all Accounts are administered by Meta. 

You are responsible for all activities associated with your Account, whether or not you know about them. You must not permit Children usage of your Account. Top Hat Studios is not liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Account. 

You may be liable for losses incurred by Top Hat Studios due to someone else’s use of your Account. 

5. Limited License

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use Services strictly in accordance with our ToS. As a condition of your use of our Services, you warrant to Top Hat Studios that you will not use any of our Services for any purpose that is unlawful and/or prohibited by the ToS. You may not use our Services in any manner which could damage, disable, overburden, or impair our Services or the enjoyment of our Services by other people. You may not obtain any material or information through any means not intentionally made available or provided by Top Hat Studios. You agree to use the Game and Services only for purposes that are legal, proper and in accordance with our ToS and any applicable laws or regulations in your jurisdiction. 

Any use of the Services not expressly permitted by the ToS is a breach of these Terms and may violate copyright, trademark, and other laws. 

6. Prohibited Uses 

You may only use our Services for lawful purposes, in accordance with our ToS. You acknowledge and agree that you are responsible for your own actions and conduct while accessing any of the Services provided by Top Hat Studios.

By accepting, you agree not to:

• Damage, disable, impair any Services provided by Top Hat Studios

• Collect and/or share other people’s personal information other than their display names

• Threaten to expose another person’s personal information

• Share your own personal information

• Use hateful language, including racism, sexism, homophobia, transphobia, slur baiting, or other bigotry

• Cheat, exploit bugs or glitches that negatively impact other players, promote glitches or bugs, and agree to play fairly

• If you find a bug, please report it in our Discord - https://discord.gg/f37NfyxNbk 

• Bully or harass anyone when talking, playing, or interacting with other players or their creations - any predatory, threatening, intimidating, lewd, demeaning, derogatory, or abusive behavior, and/or invasion of privacy is against the ToS

• Impersonate other players, streamers, celebrities, government officials, Top Hat Studios employees, or anyone else

• Take advantage of players by promoting scams, trying to get them banned, deceptive practice, or hacking

• Share any inappropriate content 

• Do not attempt to bypass rules or evade bans – Any efforts to find loopholes, evade bans, or circumvent rules will result in serious consequences.
  
  If you have questions about this, contact a Moderator on our Discord.
  
  Moderators and Top Hat Studios team members have the right to ban players at their own discretion, even if they are not breaking a specific rule in the ToS. If you feel like a Ban is unjust, you can appeal on Discord, or appeal at top.hat.studiosvr@gmail.com.
  
  

• You further agree not to engage in any activity intended to hack, modify, or otherwise interfere with the Game and Services, including any attempt to gain unauthorized access to the Game’s source code, servers, or user accounts. Any such actions are strictly prohibited and will be subject to investigation.
  
  Top Hat Studios reserves the right to take appropriate legal action, including but not limited to seeking damages and initiating legal proceedings against you and, if applicable, your parents or legal guardians in cases involving minors, to protect its rights and interests. In the event of legal action, you agree to be responsible for all associated legal fees and costs incurred by Top Hat Studios.
  
  For more information, you may contact us on https://discord.gg/f37NfyxNbk

6.1 Communication & Player Moderation

We may record, temporarily store, and reserve the right to monitor player voice chat while playing Lab Rats in order to help Top Hat Studios with player moderation. This helps us ensure Community Guidelines are being met and no inappropriate behavior is blatantly displayed by players.

We use both manual and automated tools and techniques to help with player moderation. We reserve the right to monitor voice chat to address disruptive behavior and enforce our Community Guidelines in order to create a fun and friendly environment for all. We are also not obligated to review any of the voice chat, or take any action in regards to moderation.

We may also notify Meta and Law Enforcement (or other government agencies) if your behavior involves a threat to the life or safety of yourself or others, or is deemed unlawful. 

While we use AI tools, you may also report players for offensive behavior by using our Discord or by reporting players at the Player Board in map lobbies.

Please be kind to other players and Top Hat Studios Developers, follow the community guidelines (and ToS), and help us create an amazing game and community.    

7. Testing Disclaimer

The Game is offered on an “as is” and “as available” basis. It may contain defects, which we expect you to report immediately in our Discord.

Lab Rats has an ongoing Beta Testing Program. Top Hat Studios is allowing you to participate in these testing activities to help improve the Game.

We reserve the right to remove you from this Testing Program at any time, which may or may not include your removal from the Game. 

8. Proprietary Rights

All title, ownership, and intellectual property rights in and to the Game and Services provided by Top Hat Studios are owned exclusively by Top Hat Studios. You acknowledge and agree that the Game and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to copy, modify, sell, distribute, perform, display, or create derivative works based on the Game and Services provided to you by Top Hat Studios. All materials are copyrighted and owned by Top Hat Studios. 

9. Feedback 

You may provide feedback, make suggestions, and report bugs (collectively, “Feedback”) about any Services provided by Top Hat Studios. By submitting any Feedback, you affirm that Top Hat Studios is free to use this Feedback at our discretion and without any additional compensation to you. You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

10. Updates and Patches

Top Hat may update, remove, change, modify, patch, or perform any sort of changes to Services without notice. You acknowledge and agree that your use of Services does not give you any right to monetary compensation or otherwise any rewards, trophies, achievements, maps, levels, game currency, characters, or content. 

11. Health and Safety 

Some people may not be ready for VR. Top Hat Studios requires that you read all of the safety, health warnings, and any applicable information regarding all headsets from Meta - https://www.meta.com/legal/quest/health-and-safety-warnings/.

Top Hat Studios will not be held liable for any health and safety issues arising from the use of any Meta Headset or any Services provided by Top Hat Studios. By agreeing to this disclaimer, you agree that you have read and agreed to Meta’s terms and conditions. 

This game utilizes virtual, mixed, and augmented reality technologies. While playing, you might not be able to see, hear, or feel your physical environment when using a VR, MR, or AR headset, or related game equipment such as glasses or handheld devices. It’s crucial that you follow the health and safety guidelines to avoid injury, harm to others, or damage to property. Failure to comply with these guidelines may result in serious injury, property damage, or even death. Playing this game is at your own risk. Do not play VR, MR, or AR games outdoors or in areas with traffic, crowds, or hazardous surroundings.

The game involves physical movement, which could result in injury or harm if the guidelines are not followed. While using the headset, your view of the physical space around you may be limited or entirely blocked.

You acknowledge that it is your sole responsibility to adhere to the health and safety guidelines while using the game and headset. You should not rely on any in-game or headset mechanisms for protection. Failing to follow these guidelines could lead to property damage, personal injury, or even death.

Getting Ready to Play

• Always comply with health and safety notices or guidelines provided by any platform or service through which you access the game.

• Review and understand the manufacturer’s guidelines for your headset, as well as any relevant platform or service guidelines. Ignoring these precautions could result in property damage, personal injury, or even death.

• Do not play the game if you are tired, under the influence of alcohol or drugs, hungover, experiencing digestive issues, under emotional stress, or suffering from illness such as a cold, flu, headache, or earache.

• If you are pregnant, elderly, have pre-existing vision or psychiatric conditions, take medication, or have a serious medical condition, consult your doctor before playing.

• Set up a safe play area before starting. This includes: playing only indoors and never outdoors; avoiding playing in situations that require attention, such as running, cycling, driving, or handling dangerous objects; clearing the area around you, including overhead space, of any objects or hazards; ensuring your play area is large enough to avoid accidental contact with objects or people; making sure surrounding objects are secure and free of hazards like liquids, sharp edges, or heat sources; avoid playing on uneven surfaces, like loose rugs or carpeting; prevent others, including pets, from entering your play area; if your environment becomes unsafe, pause the game and remove your headset to reassess.

Playing the Game

• It’s recommended to take breaks every 10 to 15 minutes. Stop playing if you feel any discomfort, and only resume once you feel better. Prolonged use without breaks may increase the risk of injury or property damage.

• Move carefully while playing. Rapid or sudden movements may cause a loss of balance or collisions. If you experience any balance issues, stop playing and take a break.

• Do not interact with real-world objects while playing.

• Stop playing immediately and avoid activities requiring coordination if you experience symptoms such as seizures, eye strain, dizziness, disorientation, nausea, or similar issues.

• It is strongly advised to have another person present while playing to alert you to any potential dangers.

• Always be aware of your surroundings, including people, pets, and objects around you.

• Use the headset in accordance with the manufacturer’s guidelines.

Risks Associated with VR

• Playing this game involves inherent risks, including but not limited to:

• Loss of balance.

• Limited visibility of your surroundings.

• Inability to hear sounds around you.

• Physical contact with people or objects in your environment.

• Repetitive or strenuous movements.

• Eye strain or stress from prolonged use.

• For some individuals, the game’s visual effects, such as flashing lights, could trigger seizures, motion sickness, or other symptoms. Stop playing immediately if you feel unwell.

• By playing the game, you release Top Hat Studios and its affiliates from any liability related to the use of the headset, game equipment, or the game itself.

12. Indemnity

This section only applies to the extent permitted by applicable law. If you are prohibited from entering into indemnification, then you assume, to the extent permitted by law, all liability of all claims, demands, actions, losses, liabilities, and expenses (including attorney’s fees, costs, and expert fees) that are stated in indemnification below.

You shall release and indemnify, defend and hold harmless Top Hat Studios, its affiliates, agencies, as well as the officers, directors, employees, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs, (including attorneys’ fees and any court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Game or Services provided by Top Hat Studios. Your violation of these terms and conditions, and any of your acts or omissions will result in the banning of your account from Top Hat Studios’ Services. You agree to cooperate fully with Top Hat Studios in the defense of such matters. 

13. Disclaimers

You agree and acknowledge that you assume full responsibility for the use of the Game and/or any Services provided by Top
Hat Studios. You acknowledge that any information you send or receive during your use of said Services may be intercepted or later acquired by unauthorized persons or parties. You acknowledge and agree that your use of Services are at your own risk.  You also acknowledge and agree that the Services provided by Top Hat Studios are “as-is” and “as available” without warranties of any kind. 

You accept the inherent security risks of being online, providing information, and interacting with other people online. Top Hat Studios will not be liable for any breach of security in connection with any of the Services provided. 

14. Binding Arbitration and Class Action Waiver

Please read this section carefully as it affects your rights, including your right to file a lawsuit in court. 

Most issues can be resolved by contacting the support team at our Discord. but we understand that some disputes cannot be resolved by our support team. You and Top Hat Studios agree to resolve those disputes by binding individual arbitration (where applicable). 

If you are based in the European Union or the United Kingdom, the provision of this section shall not apply to you and you may file a claim in your country of residence. For international filings, see section 15.5.  

14.1 Informal Resolution 

You and Top Hat Studios agree to try your best to engage directly and settle any disputes, claims, questions, or disagreements and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. 

14.2 Binding Individual Arbitration

The arbitration proceeding in this section shall be on an individual basis only.

If an agreed upon solution is not met within a 30 day period from the informal dispute resolution initiation, under the Informal Resolution section (Section 15.1), then either party may initiate binding arbitration as the sole means to resolve the dispute. Subject to the terms below:

Any dispute that is not resolved under the Informal Resolution provision (Section 15.1) shall be resolved by arbitration in accordance with the Rules of Arbitration settled by the Judicial Arbitration Mediation Services Inc. (“JAMS”) https://www.jamsadr.com/ subject to the U.S. Federal Arbitration Act and federal arbitration law. 

You and Top Hat Studios agree to dispute resolution using a neutral arbitrator that makes a final decision. The arbitrator’s decision is final and binding, except for limited review by courts under the U.S. Federal Arbitration Act and can be enforced like any other court order or judgment. 

14.3 Arbitration Process 

To start an arbitration, you must initiate on the JAMS website, stating a “Demand for Arbitration.” You will pay the filing fee and notify Top Hat Studios with an official copy of the arbitration filing at our Discord Account, or our email: top.hat.studiosvr@gmail.com. 

The arbitration will be conducted by a single JAMS arbitrator with experience in resolving intellectual property and commercial contract disputes. You and Top Hat Studios agree that arbitration will be conducted in the English language and that the arbitrator will be bound by these terms. 

If an in-person arbitration hearing is required, the hearing will take place in San Francisco, California, USA. 

The arbitrator will resolve any disputes. The decision will be final and binding and documented in a written statement stating the decision of each claim and the basis for award. This will also include essential information, legal findings, and conclusions. 

The arbitrator will only award legal or equitable remedies that are requested by you or Top Hat Studios to satisfy either parties’ individual claims. 

The arbitrator will not award relief against Top Hat Studios to any person or entity other than you. 

Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.

14.4 Arbitration Fees

If you file for arbitration, you must pay the JAMS filing fee required for consumer arbitration. 

JAMS costs do not include attorneys’ fees and costs. 

JAMS costs are not counted when determining how much a dispute involves. 

In any arbitration arising out of or relating to this agreement, the arbitrator shall award the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

If the arbitrator determines a party to be the prevailing party under the circumstance where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. 

14.5 JAMS Arbitration Clause for International Commercial Contracts

Any dispute, controversy, or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. This tribunal will consist of three arbitrators. The place of arbitration will be San Francisco, California, USA. The language of arbitral proceedings will be in English. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. 

15. General Information

15.1 Entire Agreement

These terms constitute the entire agreement between you and Top Hat Studios with respect to the Game and Services and supersedes any and all prior agreements, oral or written, rules and conditions of participation. In the event of a conflict between these terms and additional terms, the latter will prevail over the terms to the extent of the conflict. 

15.2 Waiver and Severability of Terms

The failure of Top Hat Studios to exercise or enforce any right or provision in these Terms shall not be construed as a waiver of such right or provision. If any provision of this ToS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this ToS remain in full force. 

15.3 Statute of Limitations

You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of using Services provided by Top Hat Studios must be filed within one year after such a claim or cause of action arose or forever be barred. 

16. Terms of Sale

These Terms of Sale ("Terms of Sale") set forth the conditions governing all purchases of products or services, including software, video games (whether physical or digital), in-game currency, downloadable content, season passes, subscriptions, and collectibles such as figurines, toys, books, apparel, any other merchandize and/or other accessories (collectively, the "Products") available through Top Hat Studios.

By ordering, playing, using any of our Products or Services, you affirmatively consent to these Terms of Sale. If you do not agree to these terms, you are not permitted to use, visit, or place orders. 

Any instances of scamming, fraudulent activity, or chargebacks will result in the permanent suspension of your Lab Rats game account, in accordance with our Terms of Service.

If you need assistance with canceling an order or asking about the status of an order, please ask us on Discord

Please read these Terms of Sale carefully, especially the following sections:

Refund Policy: Unless expressly stated in these Terms of Sale or in a separate return policy applicable to your purchase, all accepted orders are final, non-cancelable, and non-refundable.

Refunds are NOT possible for in-app purchases. Please review Meta’s refund policy as Top Hat Studios CANNOT issue refunds.

https://www.meta.com/en-gb/help/orders-and-returns/returns/

https://www.meta.com/legal/quest/quest-rift-content-refund-policy/

Dispute Resolution: For any disputes, please see Section 15. 

18. Communication 

If you have any questions, complaints, comments or concerns regarding this ToS or anything else relating to the Services provided by Top Hat Studios, visit our support channel on our Discord.

If you are trying to appeal a ban, please use the ban appeal channel on our Discord. 

You can also make suggestions, chat with us, make new friends, or see what’s coming on our Discord.