Terms of Use

1. Who we are

Operator

Aleksandr Prokhorovich (AP Product Lab)

Country of registration

Georgia

Address for notices

Georgia, Tbilisi, Gldani district, massif Gldani, micro/district III, building 80

Email

support@apkarting.com

Contact form

apkarting.com/en/contact/

You can reach us through the contact form or at support@apkarting.com. How we handle personal data is explained in the Privacy Policy.

2. Who may use the Game

You must be old enough to accept these Terms under the law of your country, or have the permission of a parent or guardian, who then accepts them for you and is responsible for your use of the Game, including online play. The Beta and the Site’s forms are only for people aged 16 or over.

3. Your licence to use the Game

When you obtain the Game from a store, we grant you a personal, non-exclusive, non-transferable and revocable licence to install and use it for your own non-commercial entertainment, on devices you own or control, within the usage rules of that store. The Game is licensed to you, not sold. We and our licensors keep all rights that these Terms do not expressly grant.

Except where the law expressly allows it, you must not:

• copy, sell, rent, lend, sublicense or distribute the Game or any part of it;
• modify, decompile, disassemble or reverse engineer the Game, or extract its code, assets or third-party components;
• remove or change copyright, trademark or licence notices;
• get around technical measures that protect the Game or its online play;
• use the Game in a way that breaks the law or infringes anyone’s rights.

4. Purchases and store terms

Prices, payment, delivery and refunds are handled by the store you obtain the Game from, under that store’s terms. We do not process payments. Refund requests go to the store, which applies its own policy together with your statutory rights. Where a store’s terms conflict with these Terms about your licence or your purchase, the store’s terms prevail to the extent of the conflict.

4.1 Apple App Store

If you obtained the Game from Apple’s App Store, the following also applies:

1. These Terms are concluded between you and us only, not with Apple, and we, not Apple, are solely responsible for the Game and its content.
2. Your licence is limited to using the Game on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service; the Game may also be used by other accounts associated with you through Family Sharing.
3. Apple has no obligation to provide any maintenance or support services for the Game.
4. If the Game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, to the extent they cannot be disclaimed.
5. We, not Apple, are responsible for addressing any claims by you or a third party relating to the Game or your possession and use of it, including product liability claims, claims that the Game fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
6. If a third party claims that the Game or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
7. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must comply with applicable third-party terms of agreement when using the Game, such as your wireless data service agreement.
9. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple will have the right, and will be deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

Questions, complaints and claims about the Game go to us, at the contact details in section 1.

4.2 Microsoft Store

If you obtained the Game from the Microsoft Store, Microsoft’s terms of sale and the Store’s usage rules also apply. Microsoft is not a party to these Terms and is not responsible for the Game.

4.3 Steam

If you obtained the Game on Steam, the Steam Subscriber Agreement also applies. Valve is not a party to these Terms and is not responsible for the Game.

5. Online play

Online races use Epic Online Services and connections between players’ devices. They need an internet connection, whose costs are yours. The player who hosts a race runs it on their own device, and the race ends if the host leaves. Other players are not under our control.

We do not promise that online play will always be available, will work on every network, or will keep its current features. We may change, limit or end online services — for example when a provider changes its service, to fix a security problem, or when the Game is no longer supported — and where we can, we will announce this in advance.

A direct connection to another player lets their device see your public IP address, as the Privacy Policy explains.

6. Rules for players

When you use the Game, the Beta or the Site, you must not:

• cheat, exploit bugs, or use modified clients, automation or anything else that gives you an unfair advantage or disrupts races;
• use driver names, circuit names or other content that is offensive, hateful, harassing, sexual, unlawful, impersonates someone else or infringes anyone’s rights;
• attack or disrupt other players’ devices or connections, the Site or the services the Game uses, or try to obtain other players’ personal data;
• send spam or automated requests through the Site’s forms.

If you break these rules, we may take reasonable steps, such as refusing or ending your Beta access, excluding a device or identifier from online play, or, for serious or repeated breaches, ending your licence. We will act proportionately and in line with applicable law.

7. Your circuits, names and feedback

Circuits you draw, names you enter and other content you create in the Game remain yours. When you share such content — for example by hosting an online race on your circuit, exporting a circuit for others, or sending it to us — you grant us and the players you share it with a worldwide, royalty-free, non-exclusive licence to use, copy and display it as far as needed to run the Game and its online play. If you send content to us, you also allow us to include it in the Game or show it in the Game’s promotion, crediting you where practical. You confirm that you have the rights to what you share and that it complies with these Terms and the law.

If you send us ideas, suggestions or bug reports, you allow us to use them freely and without any obligation to you. We are not required to use them.

8. The Beta

• Applying does not guarantee an invitation. We choose testers at our discretion, and invitations are personal.
• Beta builds are unfinished: they may contain bugs, crash, lose saved data, and change or stop working at any time. Do not rely on them, and keep copies of anything important.
• Unless your invitation says a test is confidential, you may share your own screenshots, videos and impressions of the Beta, as long as you make clear that they show a test version. Do not pass builds, download links, keys or access to anyone else.
• We may end the Beta, or a test build, at any time. Taking part is voluntary and unpaid and creates no employment or other relationship between us.
• Store test programmes, such as Apple’s TestFlight, have their own terms, which also apply.

9. Videos and streams

You may stream the Game and publish videos and screenshots of it, including on channels that earn money from advertising, subscriptions, sponsorship or donations, provided that you do not suggest we endorse you, you do not sell access to the Game itself, and your content is lawful. This permission does not let you use our name or logos other than as they appear in the Game, and we may ask you to remove content that breaks these conditions.

10. Intellectual property and third-party technology

The Game and the Site, and everything in them — code, graphics, models, sounds, music, text, names and logos — belong to us or our licensors and are protected by law.

The Game uses third-party technology, including Unreal® Engine by Epic Games, Inc. and, on Windows, NVIDIA DLSS. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere. The licensors of such technology keep all rights in it; you may not use it apart from the Game or extract it from the Game; it is provided to you without any warranty or liability on the part of those licensors; and they are intended third-party beneficiaries of this section. Credits and licence notices for third-party works are shown on the Game’s credits page.

11. Health and safety

• Photosensitive seizures. A very small number of people may have a seizure when exposed to flashing lights or patterns, including in video games, even with no history of epilepsy. If you or a family member has had such a condition, consult a doctor before playing. Stop playing and see a doctor at once if you notice dizziness, altered vision, eye or muscle twitching, loss of awareness, disorientation, involuntary movements or convulsions.
• Breaks. Play in a well-lit room at a comfortable distance from the screen, and take a break of 10 to 15 minutes every hour. Stop if you feel tired or unwell, or feel pain in your hands, wrists, arms or eyes.
• Motion sickness. Camera movement, especially in the cockpit view, can make some people feel sick. Stop playing if it does.
• Steering wheels. A force-feedback wheel can turn suddenly and forcefully. Follow its manufacturer’s safety instructions, set the force to a level you can control, keep children and pets away from it, and do not leave it running unattended.
• Steering by tilting a phone. Play sitting down in a safe place, hold the device firmly, and stay aware of your surroundings.
• Attention. Never play while driving or doing anything else that needs your attention.
• Not a training tool. The Game is entertainment. It does not teach you to drive a real kart; real karting needs proper instruction, equipment and supervision.

12. The Site

The information on the Site describes a game in development. Platforms, features, dates and statuses such as “coming soon” are our current plans, not promises or offers, and may change. We may change, suspend or stop the Site at any time. Links to other websites are given for convenience; we are not responsible for their content.

13. No warranty

To the extent permitted by law, the Game, the Beta and the Site are provided “as is” and “as available”. We do not promise that they will be uninterrupted or free of errors, that they will work on every device, or that online features will stay available. Where you have statutory rights as a consumer — for example, to a game that matches its description — this section does not limit them.

14. Limitation of liability

To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profits or data, or loss caused by events beyond our reasonable control, by third-party services (including stores, Epic Online Services and Telegram), by other players, or by your devices and internet connection. Our total liability arising out of the Game, the Beta and the Site is limited to the greater of the amount you paid for the Game in the 12 months before the claim arose and 50 euros.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud, for intentional or grossly negligent conduct, or any other liability that cannot be limited or excluded under applicable law.

15. Ending these Terms

You may stop using the Game at any time and delete it. We may suspend or end your licence if you seriously or repeatedly break these Terms, after warning you where that is reasonable. Sections that by their nature should continue — including those on your content, intellectual property, warranty, liability and governing law — continue to apply after these Terms end.

16. Changes to these Terms

We may change these Terms, for example when the Game gains features or when stores or laws change. We will publish the new version with the date it takes effect and, for significant changes, tell you in advance in the Game or on the Site. If you do not accept a change, stop using the Game and the Site. A change does not apply to a dispute that arose before it took effect.

17. Governing law and disputes

These Terms are governed by the law of the country in which the operator is registered, as stated in section 1, without regard to its conflict-of-law rules. If you are a consumer, you also keep the protection of the mandatory provisions of the law of the country where you live, and you may bring proceedings in the courts there.

Before starting any proceedings, please contact us: most problems can be solved quickly and informally.

18. General

• These Terms, the Privacy Policy and the terms of the store you obtained the Game from are the whole agreement between you and us about the Game, the Beta and the Site.
• If any provision is found invalid or unenforceable, the rest of these Terms remains in effect.
• If we do not enforce a provision straight away, we do not give up the right to enforce it later.
• We may transfer our rights and obligations under these Terms to anyone who takes over the Game, provided that this does not reduce your rights. You may not transfer yours without our consent.
• These Terms are written in English and translated into other languages. If a translation differs from the English text, the English text prevails, unless the law of your country requires otherwise.