Terms of Service

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

Date of last update: 8 May 2023

These Terms govern the use of Tall Team Limited online games and other products to which you have access (the “Service”). In these Terms 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.

You should carefully read the following terms before using, purchasing, downloading, installing, or accessing by means of a browser or other online communication method the service as they contain the terms which govern your use of the service. If you do not agree with these terms you may not use, purchase, download, install, or access by means of a browser or other online communication method the service.

Tall Team develops, provides, and maintains games and related services. “Service/Services” means all services made available by Tall Team, including but not limited to our website (https://smashkarts.io/) and our services accessed through mobile games, by means of a browser, or by another online communication method. 

All use of the Service is governed by these Terms. The Service is solely for use by end users according to these Terms. Any use, reproduction, or redistribution of the Service not in accordance with these Terms is expressly prohibited.

1. Definitions

“Service/Services” means any digital product of Tall Team, e.g. Web-site, Games, or mobile applications (e.g. “Smash Karts” app or “smashkrts.io” website). Content may include intellectual property in any form, e.g. databases, trademarks, software, text, design, graphic, video-/audio materials, films, messages, pictures, architecture, etc.

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

“User” means the user of any Services. User can also be referred to as “you”, “your” in the Terms.

“Website” means any website operated by Tall Team, including, but not limited to, smashkarts.io, tall.team.

“Games” means any of the videogames published and/or licensed by Tall Team under EULA to Users on any platform (i.e. Web, iOS, Android and etc.), including, but not limited to, SmashKarts.io.

“Account” means a personal Tall Team account registered by the User to use the Services.

“Terms and Conditions” means any of the documents regulating the Services provision by Tall Team, including those specified below:

  1. End-User License Agreement (“EULA”): https://tall.team/eula

  2. Privacy Policy: https://smashkarts.io/privacy/privacyPW.html

Terms and Conditions form an essential part of the Terms. Accepting the Terms, the User also accepts and agrees with the provisions of the Terms and Conditions. Affiliate, parent, and subsidiary entities of Tall Team may be parties to the Terms and Conditions and these Terms will equally apply to the User whatsoever. Any reference to the Terms and Conditions herein shall apply to these Terms as well, unless otherwise explicitly stated.

2. Service and Communications

Please note that if you access the Service through a TPSP (third-party service provider) you are required to comply with these Terms and those of the TPSP.

The Service includes, without limitation, certain online functionality, online network play connectivity and interactivity, and other online features and are subject to the following Terms which apply to your use of the Service:

  1. The Service and Communications are for personal entertainment only, on an “as is” basis and all use must be in accordance with these Terms.

  2. Services may be updated and modified without User’s consent or notification. Services provide at “AS IS” and “AS AVAILABLE” basis and Tall Team does not guarantee meeting User’s needs and expectations unless explicitly and unambiguously stipulated by the Terms and Conditions.

  3. Tall Team reserves the right to stop providing the Services at any time either permanently or temporarily, without any Tall Team’s obligation to make any compensation or refund.

  4. Services may not be accessible in some countries and Tall Team at its sole discretion has the right to limit the provision of Services in any areas at any given time. In this case, the Terms and Conditions shall be deemed as void in such areas and no Tall Team’s obligations shall arise hereunder.

  5. Tall Team may provide technical support for Services from time to time at its own discretion. Such technical support will be provided for free. The User agrees that such technical support, maintenance works, or other circumstances may make Services inaccessible and cause outages. The User agrees that outages caused by technical support, maintenance works, or by any other causes are of normal nature and do not affect Service quality.

  6. Some Services may be provided via various third-party gaming platforms (Apple, Google and etc.). The use of such platforms is subject to the terms and conditions of the relevant platform. Tall Team does not regulate or in any way control User’s usage of such platforms, any reference to third-party platforms are given by Tall Team “AS IS”, without warranty of any kind, either express or implied.

  7. The User acknowledges and agrees that Tall Team is under no obligation to provide the User with any specific support or maintenance in connection with the provision of Services, unless such obligation is imposed on Tall Team by virtue of applicable law. However, subject to other provisions of these Terms, Tall Team will endeavor to help the User with any problems or questions you may have with the Services. You can contact our Support Service as instructed in Section 11 below. This will accelerate the response to User’s request by providing Tall Team’s representatives with all the information they need to solve the problem in a reasonable time.

3. Account

  1. In order to use some of the Services or their parts the User creates an Account and provides information necessary for the provision of Services in accordance with Tall Team’s Privacy Policy.

  2. The User is solely responsible for providing accurate and true information.

  3. The User is NOT allowed to provide any information that refers to third persons or false identities, or other information providing of which (including, without limitations, by means of publication) infringes third party rights or any applicable law.

  4. The User shall keep login and password for Account access strictly confidential. The User is solely responsible for maintaining the confidentiality of the login details and unauthorized access to Account. Any use of Account with User’s login and password will be considered to be carried out by the User. The User shall immediately notify Tall Team if there is any breach or misuse of User’s Account.

  5. The User shall not sell (or buy), rent, exchange or give away an Account.

  6. The User shall use Services and Account for non-commercial, personal, and lawful purposes only. Such purposes shall correspond with the nature, purpose, or functions of Services.

  7. Tall Team may at its own discretion deactivate or delete User’s Account without any notice in the following cases:

    1. If User violates any provision of Terms and Conditions (including these Terms) or there is any reasonable suspicion of User’s failure to comply with them.

    2. If User exercises one of its rights with regard to their personal data according to Tall Team Privacy Policy (e.g. right to restrict processing, right to be forgotten) making maintaining Account by Tall Team impossible;

    3. If Tall Team ceases offering the Services and/of their part.

  8. The User may delete an Account at any time.

  9. Deactivation or deletion of the Account either by the User or by Tall Team leads to termination of the Terms and Conditions (including these Terms). Unless applicable law requires otherwise, Tall Team is not required to provide refunds, benefits, or other compensation if User requests the deletion of an Account, or an Account is deleted in accordance with clause 3.7 of these Terms.

  10. The User acknowledges that the User has no ownership or other proprietary rights in the Account. Tall Team grants access to the Account solely for providing the User the Services.

4. Copyright

  1. All Services, including intellectual property rights, are owned by Tall Team or Tall Team has the right to provide them. Unless otherwise specified by Terms and Conditions, Tall Team grants the User a non-exclusive, non-sublicensable, non-transferable, limited license to use Services in accordance with their functions solely for private non-commercial use, subject to compliance with Terms and Conditions (including these Terms).

  2. In order for User to use some of the Services, e.g. Games, User accepts EULA, being an integral part of the Terms and Conditions and governing the use of the Service in question.

  3. In respect of all provided Services and its content and information, the User shall not:

    1. Infringe Tall Teams intellectual property rights and use any portion of the Services for any purpose other than its intended purpose.

    2. Copy, distribute, resell, assign, rent, lease, reproduce, adapt, sub-license, publicly perform, modify, decompile, reverse-engineer, translate, disassemble, delete technical protection measures, and create derivative works.

    3. Use viruses, malware, or spyware.

    4. Delete or modify copyright, patent, trademark notices and etc.

  4. Should the User provide to Tall Team any copyrighted materials owed by the User, the Tall Team acquires a perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use such materials on any territory without limitations of terms and purposes without User being mentioned as the owner of such materials. The User is not allowed to provide any materials unless he has the authorized right to do so. By providing any materials the User represents and warrants that such materials do not infringe the privacy rights, property rights, or any other rights of any person or entity and that such materials are free of viruses, spyware, worms, adware, or other malicious code. 

  5. Tall Team does not check the User’s right to provide any materials, as well as their originality. Tall Team shall bear no responsibility for the content of such materials. The User uses other User’s materials at their own risk and responsibility. For any objectionable content (whether illegal or infringing your rights), please contact Tall Team Support Service.

  6. Tall Team reserves the right to remove any materials provided by the User without notice.

5. Shop and Paid Services

  1. Provision of some Services (including obtaining the right to use in-game items) may require payment. Such payments shall be made as provided by Section 6 hereof and in accordance with other rules/instructions imposed by Tall Team, inter alia in the Terms and Conditions.

  2. Tall Team may license to you certain virtual goods to be used within the Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. 

  3. Any and all virtual goods are licensed to the User on a limited, personal, non-transferable, non-sublicensable, and revocable basis and limited only for non-commercial use.

6. Charges and Billing

  1. The User agrees to pay all fees (which may include any applicable taxes) incurred by the User or anyone using an Account registered to the User. The price of any product, service, or entitlement purchased through the Services will be the price specified at the time of User’s purchase. Tall Team may revise the pricing for any product and services offered through the Service at any time.

  2. When conducting online purchases with Services, the User must provide true, accurate, and complete information about themselves and provide non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or Tall Team has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, Tall Team has the right to void related financial transactions and to refer to appropriate authorities the details of such incidents.

  3. All purchases made through the Services are non-refundable, except as is required under the applicable law. The User assumes full responsibility for confirming that the phone, computer or other device are supported and that the computer, phone or other device has the proper software and is compatible to the products, applications or services purchased, downloaded or otherwise obtained by the User through the Services.

  4. If any purchases of Services are made by the User through third-party platforms, such sales are regulated in accordance with the terms and conditions of the relevant platform. Please contact the relevant store or payment platform directly with any questions regarding payments, billing, or refunds. Tall Team does not control these processes.

7. Service Testing

  1. Tall Team may provide the User with a limited, non-transferable, non-exclusive, revocable right to use test versions of Services in order to identify errors and help improve their functioning. User’s participation in Service testing is subject to Terms and Conditions (including these Terms). Such testing may include alpha and beta tests, including closed ones which shall remain confidential as provided by clause 7.3 below.

  2. Participation in tests is free and private. Transferring the access (as well as the rights to access) to the Services to third parties is prohibited.

  3. All information (including without limitation any comments, ideas or other feedback) acquired and/or provided by the User during the closed tests shall be deemed as strictly confidential. The User has no right to disclose to third parties any information about the Service that is at the stage of closed Service testing, including, but not limited to, information about the features of the functionality of Services, gameplay, publish or transfer to third parties screenshots of the Services, screen recording containing closed Services, information about errors found in the Service, stream gameplay (or any other use of Services) in real-time, as well as perform other actions to disclose any information about the Services. The privacy statement is valid indefinitely, or for the longest possible period permitted by applicable law if indefinite validity is not permitted thereby. The User agrees that irreparable damage would occur in the event of violation of such confidentiality and Tall Team is entitled to full compensation for the harm Tall Team has sustained as a consequence thereof.

  4. Test versions of Services may become unavailable at any time at Tall Team’s discretion, as well as User’s progress, achievements, in-game items, and other data. Service testing is provided for testing on “AS IS” basis and Tall Team makes no warranty to the User of any kind, either express or implied.

8. Warranty Disclaimer and Indemnification

  1. Services are used at User’s own risk and with your agreement that the User will be solely responsible for any damage to User’s device, loss of data, or other harm that results from such activities. Tall Team does NOT make any warranties in respect to Services unless otherwise expressly specified in these Terms and Conditions, including without limitation Services being accessible, risk-free, fit for a particular purpose, error-free and suitable, and unharmful for User’s health and well-being. Except agreed by Tall Team in writing, contractors, agents, dealers or distributors of Tall Team or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

  2. The User will indemnify and keep indemnified Tall Team and its agents, employees, directors, successors, assignees, and licensee from and against any and all claims, liabilities, losses, costs, and damages (including legal costs and expenses) arising directly or indirectly in connection with or related to User’s conduct or violation of these Terms and Conditions (including these Terms).

  3. In no event shall Tall Team or any of its affiliates, parents, subsidiaries be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption), under any theory of liability, resulting from, arising out of or in connection with the use of, or inability to use the Services or the content, products, service, the statements or actions of any third party on or through the Services, any unauthorized access to or alteration of your transmission or data, any information that is sent or received, or not sent or received, any failure to store data, any loss of data, loss or damage to files, loss or damage to the content, any Services available, even if Tall Team has been advised of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, because some jurisdictions do not allow or limit the exclusion or limitation of liability for consequential or incidental damages or do not allow the exclusion or limitation of implied warranties, the above limitation may not apply to particular circumstances.

9. Miscellaneous 

  1. Terms and Conditions (including these Terms) are legally binding upon all Users and constitute a written agreement between the User and Tall Team.

  2. Terms and Conditions (including these Terms) may be updated and changed from time to time. Tall Team will notify User of any changes to the Terms and Conditions by posting the amended Terms and Conditions or, in the case of material modification, by sending a request to the User to accept or reject amended Terms and Conditions (if the user has an Account). The User’s continuing use of Services after a change or update has been made will constitute User’s acceptance to the amended Terms and Conditions.

  3. Should the User have a dispute with Tall Team, the version of the Terms and Conditions in effect at the time Tall Team received a notice of the dispute will apply to such dispute.

  4. The User does not have right to assign any rights and obligations under the Terms and Conditions to third parties. Tall Team reserves the right to assign its rights and obligations under the Terms and Conditions to any third party at its sole discretion. In case of assignment, Tall Team shall notify Users thereof by means of amending the Terms and Conditions.

  5. The provisions of the Terms and Conditions (of any integral part thereof) are severable, and the invalidity, illegality or unenforceability of any provision thereof shall not affect the validity, legality or enforceability of the remainder of the Terms and Conditions. In the event of any one or more of the provisions of the Terms and Conditions being held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of thereof, and the Terms and Conditions shall be construed as if such invalid, illegal or unenforceable provision was not a part of the Terms and Conditions which shall be carried out as nearly as possible in accordance with its original terms and intent.

10. Governing Law and Dispute Resolution

  1. These Terms and Conditions (including these Terms) are governed by and will be interpreted in accordance with, the laws of Ireland, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Tall Team for any violation of Tall Team’s proprietary or other rights, any and all disputes relating to these Terms will be resolved through the courts of Ireland.

11. Contact Information

  1. For Support Services please contact us at: [email protected]