End User License Agreement (EULA) 

ISSUED BY TALL TEAM LIMITED (“TALL TEAM”).

Date of last update: 8 May 2023

The current version is available at: https://tall.team/eula

IMPORTANT NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING. ENGLISH VERSION OF THIS DOCUMENT IS THE ONLY ORIGINAL VERSION AND SHALL PREVAIL IN THE EVENT OF ANY DIFFERENCES, QUESTIONS, OR DISPUTES CONCERNING THE MEANING, FORM, VALIDITY, OR INTERPRETATION THEREOF.

This End User License Agreement (“EULA”) constitutes a legal agreement between you (“User”, also “you”, “your”, “Player” in the EULA) and Tall Team means Tall Team Limited who are a registered company in Ireland located at 1 Terenure Pl, Terenure, Dublin 6W, Co. Dublin, D6W FN23, Ireland.

Tall Team can also be referred to as “we”, “us”, or “our” in the EULA.

This EULA shall be the part of Terms and Conditions as defined in the Terms of Service current version of which is available at: https://tall.team/termsofservice and grants you a license (“License”) to use of our videogame(s) (“Games” or “Game”) published by Tall Team on any platform (i.e. Web, iOS, Android and etc.), including, but not limited to, SmashKarts.io and/or other Tall Team’s videogame which has been installed or accessed by means of a browser or other online communication method by you, subject to your accepting our Terms and Conditions and stipulations and limitations specified in such Terms and Conditions and herein.

Before installing, accessing by means of a browser or other online communication method, or starting to use any of our Games, you shall read out and accept this EULA, as well as Tall Teams Terms of Service which contains general provisions and regulations on how we deliver our Services, including the Games, which also incorporates the following documents:

  • Privacy Policy;

  • Terms of Service; and other documents being an integral part of the Terms and Conditions.

The capitalized terms (words) not defined herein, shall be interpreted as provided by the Terms of Service.

1. GRANT OF LICENSE

  1. We hereby grant you the right to access, store, download, install, execute, and display the latest version of the applicable Game client for the platforms (computer devices, whether desktop, laptop, mobile, or in particular, gaming consoles) for which the Games were specifically designed by Tall Team and, in the same time, with a sole and only purpose of your playing the Game(s).

  2. Despite we call the License a “License to the Game”, the aforementioned rights relate solely to the Game client which Tall Team deliberately made available to access by means of a browser or other online communication method, download, further install and launch. Please pay attention that you are not permitted to store, download, modify, or otherwise use any part of the Game which does not constitute its client (client-side of the Game), including, among others, any backend part (server-side) of the Game and the In-Game Items (please also check Section 6 of this EULA to find more about the use of In-Game Items in Tall Team Games). The License allows you to interact with non-client parts of the Game solely as it is made technically available by Tall Team within the Games, provided Tall Team has the right to change the ways of such technical interaction.

  3. The License granted to you under this EULA is:

    • non-exclusive - you are not the only User (licensee) and we can grant same or any other license to any of our Games to others;

    • for personal use only - you can use the Game only on your personal device (which is used solely for your personal purposes and primarily by you), and your use of the Game explicitly excludes any commercial or other non-personal use;

    • limited - you can use the Games only for the purposes and by means of usage as provided by this EULA and the Terms and Conditions;

    • revocable - that means we can terminate the License in certain cases as provided in Section 10 of this EULA below;

    • non-transferable - that means the License is granted solely to you, and you cannot assign, sublicense, or otherwise transfer it to any other person (whether individual or entity). For the avoidance of doubt, your rights and obligations under the License are also non-transferable whether in full or in part.

  4. The Games are licensed, not sold. It means you do not acquire any property or other rights to a digital copy of any of the Games, unless otherwise as provided by applicable law as a mandatory rule. You are also not granted any rights that are not expressly stated in this EULA or the Terms and Conditions.

2. LICENSED TERM AND TERRITORY

  1. The term of License starts from the date of your accepting this EULA and lasts until this EULA is suspended or terminated as stipulated in Section 10 below.

  2. You can use the Game worldwide, unless otherwise specified by Tall Team on the Game’s official Website, within the Game Client, on a physical copy of the Game, or by any other means of Tall Team’s sole choice. Tall Team have the right to unilaterally change the territory of License in the way stipulated in clause 10.2 of our Terms of Service.

3. LICENSE LIMITATIONS

  1. License granted to you under this EULA, has certain limitations. Tall Team has the right to terminate your License in case you violate the limitations set forth in this Section.

  2. You hereby unconditionally agree and guarantee that you WILL NOT do (or attempt to do or facilitate doing) under any circumstances the following:

    1. No transfer

      • sell, lend, rent, sublicense, publish, distribute, transfer in any other way the Game (or a copy thereof), in whole or in part, to any third party;

      • allow third parties to benefit from the utilizing the Game through timeshare contracts, service contracts or otherwise, including any commercial exploitation;

    2. No derivative works or reverse engineering

      • change, modify, translate, reverse engineer, derive source code from, disassemble, decompile, or create derivative works of, the Game in whole or in part, as well as commit other actions specified by clause 4.3 of the Terms of Service;

    3. No malicious or deceiving use

      • modify server code (including by means of cheats, hacks and etc.);

      • exploit flaws in Game mechanics (exploits, bugs and etc.);

      • use software that automates the game process (bots, mods), changes gameplay or functionality of the Game, grants an advantage over other players not using such software or otherwise changes gaming experience, whether yours or any other player’s;

      • use any third-party software which may anyhow interfere the Game which is not authorized by Tall Team for a particular Game(s) or related services, unless such use is permitted by law as a mandatory rule;

      • destroy, disable (or assist destroying, disabling) any computer or server used to support the Game and related services; to upload any files that contain malicious code, including viruses, spyware, trojans, worms, intentionally corrupted data, or any other files that may damage, or interfere with, the Games and related services; organize, assist or take part in any type of cyberattacks, including, without limitation, denial of service, and commit any other actions or attempts to disrupt the Games and related services;

      • use the Game, knowingly or unintentionally, in violation of any applicable law or regulation, or contribute to a violation of any applicable law or regulation;

      • make available, offer, advertise, promote, and otherwise distribute any of the aforementioned means of malicious or deceiving use;

    4. No circumventing or manipulating use

      • engage in any act to be in conflict with the spirit or intended use of the Game and related services (as reasonably determined by us), including but not limited to circumventing or manipulating the Game, game mechanics and the rules set forth by the Terms and Conditions and this EULA;

    5. No commercial use

      • use the Game or parts of it for commercial purposes, including, but not limited to: (1) to interact with or facilitate commercial advertising or commercial offers, or (2) to transfer In-Game Items by means other than explicitly provided by the Game or other Tall Team services;

    6. No services rendering

      • use the Game, or parts thereof, to render any in-game services, including to other Users, in exchange for service fees or any other consideration, which explicitly include, without limitation, in-game leveling, crews leveling and item collection services, missions performing, fighting in a game in exchange for payment or resource grinding services;

    7. No transmitting unauthorized information

      • use the Game to transmit unauthorized information, including, but not limited to, unsolicited emails, junk mail, spam, and any material promoting malware, spyware, and downloads;

    8. No unauthorized connections

      • use, facilitate, create, or maintain any unauthorized connections to the Game, including, without limitation (1) any connection to any unauthorized server that emulates or attempts to emulate any part of the Game, or (2) any connection using programs, specialized tools, software not permitted by Tall Team;

    9. No mining of hidden data

      • mine or otherwise collect any Game data which is not intended for display during normal (as intended by Tall Team) exploitation of such Game;

    10. Terms of Service limitations

      • otherwise use the Game in a way contrary to the Terms of Service, including Sections 3 and 4 thereof. For the purposes of your convenience, here are some examples of such prohibited use:

      1. utilizing illegal or otherwise non-appropriate usernames (or nicknames), such as the names of terrorists, Nazi leaders, or Nazi war criminals;

      2. making available through the Games any material or information, or committing other actions that infringe any third-party right (including any individual or legal entity);

      3. publishing nudity, sexual, excessively violent, offensive, or otherwise inappropriate content, as well as distributing the links to such content, or using the Game by any means for these purposes;

      4. posting abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive information, as well as distributing the links to such information, or using the Game by any means for these purposes.

  3. This list is not exhaustive, please also see our Terms of Service to find out more about the use of, and the applicable limitations to, Tall Team services, including the Games.

4. PROPRIETARY RIGHTS AND DIGITAL RIGHTS MANAGEMENT

  1. You agree that the computer code, visual images, sounds, systems, ideas, methods of operation, documentation, and other information contained in the Games are intellectual property and/or the valuable trade secrets of Tall Team or its suppliers and/or licensors and are protected by intellectual property, civil and criminal law.

  2. You also understand that the Games are commercial products operated by Tall Team at its sole discretion.

  3. To prevent unauthorized use of the Game, Tall Team may utilize special technical means (DRM-tools, anti-cheat solutions and etc.) designed to prevent such unauthorized use of our Games and violation of our intellectual property and other rights. 

5. DEMO ACCESS

  1. From time to time, Tall Team may provide certain Users of Tall Team’s own choice, access to a particular Game, or to a Tall Team Account intended solely for launching and playing the Game, for a short a time period specified by Tall Team and normally without charging any fee for such access (the “Demo Access”). Tall Team does not guarantee to Demo Access holders the safety of their game progress, In-Game Items, as well as the possibility of transferring their Demo Account data to the personal Tall Team Account.

6. IN-GAME ITEMS AND APPLICABLE FEES

  1. Tall Team Games are usually distributed on a free basis (unless otherwise explicitly stated by Tall Team or its distribution partners). Regardless of the distribution basis (paid, free, or another business model), Tall Team usually offers for “real world” money the right to use the optional in-game data indented to extend or improve your gameplay and in-game experience, such as in-game virtual currency (for which you can buy other In-Game Items), characters and virtual objects (hats, vehicle customizations, etc.), as well as skins for them, any consumables and other items/features having an effect on your gameplay and in-game experience (collectively “In-Game Items”). Such In-Game Items constitute an integral part of the relevant Game and their use is covered by the License to the same extent as to the Game, including any and all applicable limitations.

  2. The In-Game Items made available through the Tall Team services and are licensed, not sold. The method and way of usage of the specific In-Game Items depend on specific game mechanics and/or gameplay purpose.

  3. Any fees (whether in the form of In-Game currency or “real world” money) paid by you in exchange for any In-Game Items are non-refundable and cannot be exchanged to another In-Game Item unless:

    • such refund or exchange are explicitly and unambiguously consented by Tall Team (as instance, you can exchange virtual currency to another In-Game Item strictly to the extent explicitly allowed by the applicable Game);

    • otherwise is provided by the Terms of Service;

    • otherwise provided by applicable law as a mandatory rule.

      PLEASE TAKE INTO CONSIDERATION THAT TALL TEAM DOES NOT MAKE ANY REFUNDS IN CASE OF, WITHOUT LIMITATION, YOUR TALL TEAM ACCOUNT DELETION OR ITS OTHER EXPIRATION, LICENSE REVOCATION OR OTHER EULA TERMINATION ON ANY GROUNDS.

  4. Please also see our Terms of Service for more details on charging and billing any applicable fees made within Tall Team services, including our Games. Please pay special attention to Section 5 and 6 thereof.

7. HEALTH PRECAUTIONS

  1. You understand and agree that Game audiovisual content is capable to provoke aggravating epileptic and other types of neurological disorders. If you have a tendency to such disorders, we strongly recommend you consult your doctor before playing our Games or refuse to play; Tall Team is not responsible for any direct or indirect consequences of playing a Game in such a situation.

  2. You also acknowledge that continuous playing can lead to excessive fatigue that is able to provoke certain diseases, including impaired vision, various forms of spinal deformities, neuroses, and other health disorders. You are independently responsible for keeping track of the time spent while playing our Games, organizing breaks/rest, taking proper position while playing, and undertaking other precautions to keep your health safe.

8. HEALTH PRECAUTIONS

  1. Please note that the requirements mentioned below may periodically change, including in respect of the same Game. It is mostly connected with the changes to the Game being made by Tall Team from time to time according to Section 9 of this EULA. Nevertheless, Tall Team also reserves the right to change such requirements in respect of any of the Games at its sole discretion.

  2. Minimum requirements. Each Game is designed for being run on one or several particular platforms (operating systems or devices). In some cases, a Game may have its own minimum technical requirements for your device (e.g. in terms of CPU, GPU, RAM, free storage and etc.) which are indicated by Tall Team on Game’s official website, Game’s official page on a third party gaming platform or by other means at Tall Team’s own discretion. Please make sure your platform meets such minimum requirements. Otherwise Tall Team does not guarantee Game’s launch or functioning and is not responsible for any errors, bugs, and other flaws in the Game’s work. You are solely responsible for having sufficient device resources to store and launch the Game, including free Ram, storage, CPU and GPU load, etc.

  3. Recommended requirements. For informational purposes and your convenience, we usually publish recommended requirements of our Games with regard to the technical parameters of your device. Please pay attention that such recommended requirements are designed for information purposes only and do not guarantee flawless functioning of the Game, as well as do not imply any other guarantee or warranty. For the avoidance of doubt, if a platform (whether device or operating system) is stated as a “recommended requirement” for a Game, it means such Game is designed to operate solely on such platform. The same is applicable to other “recommended requirements” which are clear to be necessary from the context.

  4. Internet connection requirement. Normally Tall Team Games require a stable high-speed Internet connection in order to work correctly and provide a proper gaming experience. Please consider that Tall Team is not responsible for any flaws in Game work arising from the quality (including speed, reachability of Tall Team servers and response time, or so-called “ping”) of your Internet connection.

9. PATCHES, UPDATES, AND MODIFICATIONS

  1. In order to ensure the best level of services, user experience, and Tall Team services efficiency within the Games, we need to patch, update and modify our Games from time to time. That usually results in mandatory and/or automatic updates of our Games, and the older versions may not launch or operate until you update them.

  2. Tall Team has the right to change the software code of the Game at any time at its sole discretion. Such changes may affect, among others, the functionality of the Game and its other content. For instance, we can add or remove Game content or features, fix bugs and errors, make balance changes, etc.

  3. Please pay special attention that some patches, updates, and modifications may require (and over time will definitely require) higher technical requirements to your device, or increase the device resources consumption by the Game, otherwise, they may lead (and over time will definitely lead) to performance drop of the Game and/or lower graphics or other settings.

  4. By accepting this EULA, you confirm and acknowledge that your refusal to update the Game may make its further use by you impossible, and this EULA shall be deemed suspended until you update the Game.

10. LICENSE TERMINATION

  1. Termination by User. You can terminate this EULA immediately by permanently stopping use of our Games and/or deleting them from your device.

  2. Termination by Tall Team. We have the right to both suspending or permanently terminating this EULA (which also means restricting your access to any of our Games) in the following cases:

    • if you materially breach this EULA or the Terms and Conditions;

    • if we suspend or delete your Tall Team account on the grounds provided in our Terms of Service;

    • if we cease operating and distributing the Game, or otherwise stop to provide access to the Game, subject to prior reasonable notification;

    • on other grounds as provided by the Terms and Conditions.

  3. In case of License termination, as stated in this Section of EULA, or on the other grounds provided by the Terms and Conditions, we will not have any future obligations or liabilities before you.

  4. When done by Tall Team, License termination shall have its effect immediately, unless otherwise is specifically indicated by Tall Team or required by applicable law as a mandatory rule.

  5. License termination is safe to any obligations and liabilities of both you and Tall Team, emerged and existing prior to the termination.

PLEASE NOTE THAT TERMINATION OF THE TERMS AND CONDITIONS OR THE TERMS OF SERVICE, OR SUSPENSION THEREOF, LEADS TO THE LICENSE TERMINATION/SUSPENSION AS WELL.

11. MISCELLANEOUS

In all other aspects regarding the grant of License which are not specified by this EULA, including but not limited to governing law and jurisdiction, warranty disclaimer, indemnification, EULA update and modification, severability, assignment and termination, the relevant provisions of Terms of Service shall apply to this EULA.

12. CONTACT INFORMATION

To contact Tall Team, please email us at: [email protected]