Terms of Use

This agreement (the “Terms”) is made between the right holder of the NEON TAP rhythm game from the Republic of Kazakhstan (“we”) and everyone who plays the game (“you”, the “player”). The Terms apply to every version of the game: on the website neon-tab.vercel.app, in the installed web app, on gaming platforms and in app stores.

By starting to play, you accept these Terms and the Privacy Policy. If you do not agree with them, please do not use the game.

1. Age and children

The game is meant for all ages, children included. A player who is not yet of legal age uses the game with the consent and under the supervision of their parents or legal guardians. Parents and legal guardians are responsible for how a child uses the game, for all purchases made from the child’s device or account and for the device settings. We recommend turning on parental controls and purchase confirmation on the device and on the platform.

2. Your right to use the game

We grant you a personal, non-exclusive, non-transferable and revocable right to use the game for entertainment, for non-commercial purposes. The game, its code, design, graphics, characters, texts and note charts belong to us or our licensors. The music in the catalog is used under its authors’ licences; the authors and licences are listed in the game (Profile → “Music credits”).

You may not:

• copy, sell, rent out or distribute the game or its parts, except where allowed by law or by the open licence under which that part is distributed;
• modify or hack the game, decompile or disassemble its code, except where allowed by law or by the open licence under which that part is distributed;
• use cheats, bots, autoclickers, game bugs or other ways of unfairly getting results, Crystals or items;
• interfere with the game’s servers, including with mass or fake requests;
• sell virtual items and progress or hand them over for payment.

The parts of the game distributed under open licences (music under the CC0 and CC BY licences, sounds under the CC0 licence, the font under the SIL Open Font License) may be used on the terms of those licences: these Terms neither limit nor cancel them.

If you break these rules, we may delete your results and limit your access to the game or its online features without compensation.

3. Your own music

The game lets you pick an audio file on your device and play a level to it. The file is processed and stored only on your device: we do not receive, check or store it. Players’ songs are not published in online records and duels.

By adding a song, you confirm and guarantee that:

• you have the right to use this file (for example, it is your own recording, you lawfully acquired it for personal use, or you have a licence);
• you use it only for personal listening and play and do not distribute it through the game.

You alone are responsible for the files you add and for respecting the rights of their authors. We are not responsible for the content of your files or for any infringement of anyone’s rights when they are used. The note chart is made automatically, and we do not guarantee that it can be made for any file or that it will match the music exactly.

4. Online records, duels and nicknames

Online records and duels are optional features. The nickname you enter and your results are visible to other players, and a duel is visible to anyone who has its link. Choose a nickname that does not offend others, does not pretend to be another person and does not reveal personal data (your real first and last name, phone number, address, school).

The server tidies up nicknames by itself: it keeps Latin and Cyrillic letters (Kazakh ones included), digits, spaces, the signs - _ . ! ? and the apostrophe, removes the rest (emoji, other alphabets, symbols) and cuts a nickname longer than 16 characters. A nickname that reads as a swear word, an insult, a link, a phone number or a service word (for example, “admin” or “moderator”), however it is spelled, is replaced with the neutral “Игрок” (Russian for “Player”) and a number — the result still counts. Nicknames that match after this, ignoring letter case, share one row of the records table. A result higher than the track allows is not accepted, and the server temporarily rejects sending that is too frequent.

The records table of each track keeps the 100 best results, one per nickname, with no fixed period: until a result is pushed out of the hundred or until you ask us to delete it. A duel is kept for 30 days after it is created or last answered. What data goes to the server in the process and how to delete it is described in the Privacy Policy.

We may delete or hide any nickname and result without warning, including a suspicious one or one that breaks these Terms. Players choose their nicknames themselves: we are not responsible for other players’ nicknames, for their actions or for the content of the messages players send duel links with. If you see an unacceptable nickname, write to us (section 13).

5. Virtual items and purchases

The game may have virtual items and features: Crystals, NEON PASS, Song bundles, unlocked tracks and others (“virtual items”). They may be given for playing, for watching ads, or sold for money.

• When you buy a virtual item, you get a limited right to use it in the game, not property. Virtual items are not money, have no monetary value, cannot be exchanged for money or real goods, cannot be taken out of the game and cannot be handed over to another player.
• Purchases go through the platform, the app store or the payment provider. Payment, receipts, cancellation, renewal and refunds are governed by their rules. We do not receive your bank card details.
• NEON PASS is valid for the period stated at the time of purchase. What it includes and its renewal and cancellation terms are shown before payment and may depend on the platform.
• All purchases are final and non-refundable, except where a refund is required by applicable law or by the platform’s rules. Please send a refund request to the platform you paid through first.
• We may change the prices, contents and properties of virtual items, the game’s balance, rewards and the rules for getting them. A price change does not affect purchases already paid for.

6. Third-party platforms and services

The game works with the help of third-party companies: gaming platforms (for example, Yandex Games), app stores, payment providers, ad networks, hosting and cloud services. Their services are governed by their own terms and policies, which you accept separately. We are not responsible for their work, failures, decisions (including on purchases, refunds, account blocking and moderation), the content of ads or the safety of data kept by them.

7. Saves and data on your device

Your progress, settings, virtual items (if they are counted on the device) and your songs are stored in the browser’s or app’s storage on your device (localStorage, IndexedDB, cache). This data may be lost: when site data is cleared, in incognito mode, when space runs out, after a browser update or crash, when you change or lose your device, when you uninstall the app, after the “Reset” button. We do not keep backups of this data and cannot restore it. We are not responsible for the loss of saves, progress, songs and virtual items kept on the device, unless the law requires otherwise.

8. Health and safety

• The game has bright flashes and fast-moving images. If you or your child have ever had epileptic seizures or fainting spells, talk to a doctor before playing. If you feel dizzy, have blurred vision, cramps or feel unwell, stop playing at once. In the settings you can turn on a mode with fewer flashes.
• Take breaks and keep an eye on the volume in headphones.
• Do not play while driving, walking, on the road or in other situations where you need to watch your surroundings.

9. Changes to the game and its discontinuation

We may at any time update the game, add, change and remove tracks, levels, features and virtual items, change prices and rules, suspend or stop the game or its individual features entirely or on individual platforms, including without prior notice. Once the game or a feature is discontinued, the virtual items tied to it may stop working. No compensation is paid in these cases, except where it is required by law.

10. The game “as is”

The game is provided “as is” and “as available”. To the maximum extent permitted by applicable law, we give no express or implied warranties, including warranties of fitness for a particular purpose, uninterrupted and error-free operation, compatibility with your device, accuracy of audio sync, safety of data and availability of online features.

11. Limitation of liability

To the maximum extent permitted by applicable law, including the laws of the Republic of Kazakhstan, we are not liable:

• for the content of the files you add to the game and for infringement of rights in them;
• for the loss of data, saves, progress, songs and virtual items on your device;
• for the actions, failures and decisions of third-party platforms and services: gaming platforms (Yandex Games included), app stores, payment providers, ad networks, hosting and cloud services;
• for interruptions, delays, errors and unavailability of the game, its servers and online features, including those caused by attacks, connection failures and force majeure;
• for other players’ nicknames, results and actions;
• for harm to your device, programs and data arising from using the game;
• for indirect losses, lost profits, moral damage and other consequences we could not reasonably foresee.

If, despite this, the law holds us liable, our total liability is limited to the amount you actually paid for in-game purchases in the 3 months before the event that gave rise to the claim.

These limitations do not apply to the extent that the law does not allow liability to be limited or excluded, and they do not take away the consumer rights that by law cannot be limited by an agreement.

12. Governing law and disputes

These Terms are governed by the law of the Republic of Kazakhstan, unless mandatory rules of the law of your country of residence provide otherwise. Before going to court, please write to us (section 13) — we will try to settle the matter. Disputes that could not be settled by negotiation are heard by the court at the right holder’s location in the Republic of Kazakhstan, unless the law sets a different jurisdiction for the consumer.

13. Final provisions and contact

• We may change these Terms. The new version is published on this page with a new date. By continuing to play after the changes, you accept the new version.
• If any provision of the Terms turns out to be invalid, the other provisions remain in force.
• If the Terms are translated into another language (this page is such a translation of the Russian version), the Russian version prevails in case of discrepancies, unless the law requires otherwise.
• Contact: alexanderkurachakov@gmail.com.