Terms of Services

This User Agreement (“Agreement”) is conducted between the Funjitsu Oyun ve Teknoloji Anonim Şirketi (“Company”) and the User who downloads and uses games and applications which can be downloaded from the Application Stores for a fee or free of charge published by the Company.

The Agreement enters into force as soon as the User approves the Agreement by tapping the “I have read the User Agreement and I accept all its terms” and/or a similar phrase while entering the Applications and the acceptance of the User’s approval by the Company.

If the terms and conditions of this Agreement are not accepted, the Applications and its content will not and should not be used for any purpose directly or indirectly.

The Company and the User shall be individually referred to as “Party” and collectively as “Parties”.

Products and Services: Games and applications published by the Company through the Application Stores which can be downloaded for a fee or free of charge and can be accessed via smartphones, smart tables, computers and similar devices belonging to the User (“Applications”) and products and services offered in these games and applications for a fee (including sales made within the Applications) or free of charge.

Application Stores: It refers Google Playstore, Apple AppStore or similar application stores where the Applications are published and which mediate the User to download the Applications prepared for the phone, smart tablet or computer to the device he/she uses.

Personal Data: Any information that belongs to or can be associated with User.

User: It is the natural person who downloads the Applications and uses the Products and Services offered in the Applications within the conditions specified in this Agreement.

Force Majeure: Events including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions that can not be prevented or avoided beyond the reasonable control of the relevant party and despite due diligence.

Website: It refers to the domain name titled as https://funjitsugames.com and websites consist of other sub-domain names which are integrated to the domain name.

1. The subject of the Agreement is the regulation of the conditions regarding the download, use and sale of the Applications, Products and Services offered in the Application Stores and the rights and obligations of the Parties.
2. The User accepts and declares that he/she has read the entire agreement and approves the terms and conditions of the Agreement and that terms and conditions are binding for him/her by downloading, playing or using the Applications, purchasing or using Products and Services such as games, virtual in-game items, membership cards and gift cards.
3. The User accepts, declares and undertakes that he/she will act in accordance with his/her obligations under the Agreement.

1. The User’s Rights and Obligations
   1. The User accepts, declares and undertakes that he/she will act in accordance with all terms and conditions in the Agreement, Applications, Application Stores or rules specified on the Website and all applicable legislation while using the Applications or Products and Services, performing any transactions related to the Products and Services or fulfilling the membership procedures to the extent applicable.
   2. The User accepts, declares and undertakes that he/she should be 18 years old or over 18 years old, to use the Applications to create an account if applicable and to purchase or use the Products and Services on the Applications or Website and in case he/she is underage, he/she accesses the Applications, Products and Services within the consent of their parent or guardian. The Company has no responsibility for the damages caused by the actions of the users under the age of 18 on their accounts. The User declares and undertakes that he/she fulfills the conditions by accepting this Agreement. The Company reserves the right to suspend and/or delete accounts opened without meeting the above conditions.
   3. The User is solely responsible for ensuring the security, storage, witholding from the information and access of third parties and usage of the means of accessing the system (user name, password required for the Application Stores, etc.) accessed by the User in order to use the Products and Services offered by the Company. The Company has no direct or indirect responsibility for the damages suffered or to be incurred by the User and/or third parties due to the negligence or fault of the User such as ensuring the security of the means of accessing the system, keeping it away from third parties’ information and usage.
   4. The Company is not responsible for the problems and damages that may arise from the use of the means of accessing the system by third parties with the consent of the User or his/her personal problems and faults. In addition, the Company is not under any obligation to identify the persons making the illegal use.
   5. The User accepts, declares and undertakes that the information and content provided by them within the Applications are correct and compliant with the law. The Company is not liable and responsible for investigating the accuracy and content of the information provided by the User to the Company, uploaded, changed or provided by the User through the Application Stores, Applications or the Website and undertaking and guaranteeing that this information and content is safe, accurate and lawful, the Company can not be held responsible for any damages that may arise due to the inaccuracy or fault of the said information and content.
   6. The User can not transfer, sell, provide usage or share his/her rights and obligations under the Agreement, in whole or in part, to any third party without the written consent of the Company. The User or third party violating this provision can not make any claims against the Company or have any rights to object to the Company due to the unauthorized use of the User’s account.
   7. Third parties using the User’s account without authorization do not have any rights under this Agreement. However, they must comply with all obligations of the User under this Agreement.
   8. In case the User detects that the account which he/she accesses the Applications has been accessed without authorization, he/she must immediately notify the Application Stores in order to secure his/her account.
   9. The User agrees and declares that he/she has no possession or ownership in his/her account and that his/her account, with all it’s rights, is the property of the Company.
   10. The ones who profit from the Products and Services offered by the Company can only conduct transactions for lawful purposes. Both legal and penal responsibility belongs to the User due to the operations and actions of the User which are contrary to morality, applicable laws and this Agreement within the Applications or the Website or on other websites in that are connected through the links on the Applications or the Website which are contrary to morality, applicable laws and this Agreement.
   11. The User shall not reproduce, copy, distribute, process the content of the Applications or the Website and the Products and Services in a way that infringes the real or personal rights or assets of the Company or third parties, the User accepts, declares and undertakes that either with these actions or otherwise he/she will not directly and/or indirectly compete with the Company through any means.
   12. The User accepts, declares and undertakes that the Application Stores also have their own usage rules and user agreements and in case he/she does not comply with these rules the Company may implement decisions taken by the Application Stores, and if his/her access to the Applicationss, Products and Services are restricted due to this reason, he/she will not request compensation or refund.
   13. The User accepts that a device operated by iOS or Android system such as a smart phone, smart tablet, computer is required to access the Applications. The information given in the Application Stores regarding the Applications specifies the minimum requirements that the device in which the User will access the Applications must include. In case the User’s device does not meet the necessary requirements or after the User starts using the Applications, the User’s access to the Applications is restricted due to the updates made to the Applications, the Company has no obligation in this regard; The User accepts, declares and undertakes that he/she comprehends that all requirements such as device, electricity, mobile data or internet connection required to download and access the Applications are under the responsiblity of the User.
2. The Company’s Rights and Obligations
   1. The Company reserves the right to change the Products and Services and contents offered in the Applications at any time. The Company can use this right unilaterally without giving any notice or time to the User.
   2. The Company is not responsible for typographic (spelling) errors at the prices of Products and Services that may be noticed by a person with an average level of understanding and perception, and this does not affect the validity of the Agreement. It is enough to fix the error.
   3. In cases where the price of a product or service appears in more than one place - for example, in the Application’s store, on the Company homepage; in the categories within the Website – if the product prices differ from each other, as a rule, the higher price is valid.
   4. The Company can not be held responsible in any way, directly and/or indirectly, for any damages incurred or to be incurred by third parties due to the User’s activities on the Applications in violation of the provisions of the Agreement and/or the law. The Company reserves it’s rights of all kinds of lawsuits, complaints and recourse against those who act to the contrary.
   5. The Company has the right to transfer its rights or powers or debts or obligations under this Agreement, in whole or in part, to a third party.
   6. The Company may give ’links’ to other websites and/or portals, files or content owned and operated by third parties through the Applications. These ’links’ are provided to Users for ease of reference only. It does not constitute any proclaim or guarantee for the purpose of supporting the person who operates the referred website or the website or the information it contains. The Company has no responsibility for the websites, portals accessed through “links” on the Website or Applications, and the products and services on them.
   7. In case that the sale of coupons, membership and giftcards belonging to third parties are allowed on the Applications, User agrees that he/she is subject to third party user agreements and distance sales agreements in the condition that he/she purchases third party products. The Company is only responsible for the Products and Services offered for sale on the Applications and/or Website. Products and services provided from third parties or other websites other than the Applications and/or the Website bear no relation to the Company.
   8. The Company can not act as a mediator or arbitrator in disputes arising between the User and the developers/producers within the scope of the Products and Services offered on the Website.
   9. The User and the Company are legally independent. There is no partnership, agency or employee-employer realationship between them. As a result of the approval and implementation of the Agreement, no partnership, agency or employee-employer relationship arises.
   10. The Company reserves the right to take necessary administrative and technical precautions regarding the User accounts or accounts that the User accesses the Applications, if any, including but not limited to; (i) To prevent violations of this Agreement and the applicable legislation, (ii) To ensure the security of User accounts, the account that the Applications are accessed and the Company, (iii) For proof of rights in the investigation and prosecution processes, (iv) To fulfill the orders of courts or administrative bodies or to establish a right or fulfill an obligation.

1. Access by the User through the Applications or other relevant online stores and orders made in these channels are subject to the approval of the Application Stores. Sales contracts between the parties are established exclusively after the order is approved by the Application Stores.
2. Products purchased through Applications are not physically delivered.
3. In order to place an order through the Applications, to the extent applicable, (i) The User must have a device that the User connects to the Applications, (ii) The User must have an active user account in the Application Stores and the User must have a linked payment instrument, (iii) The User must accept this Agreement, if any, Preliminary Information Form and the Distance Sales Agreement, the User must accept and comply with the product specific rules provided by the supplier/distributor/manufacturer of the product included in the Applications, and (iv) Complete their order by paying for the Products and Services.
4. Before completing the order, the User will have the opportunity to review his/her order to check and correct any errors. Following the completion of payment, the Company or Application Stores will send a message to the User’s e-mail account to confirm receipt of his/her order.
5. The Company reserves the right to refuse the order, including to the cases below but not limited to when;
   1. the ordered product or service is out of stock or temporarily or permanently unavailable,
   2. not being able to complete the download or sale for any reason,
   3. the information that the User shares with the Company for account, game download or invoicing is not correct,
   4. situations that require suspension or restriction of the User’s account have arisen,
   5. the download or payment system provider is inaccessible for any reason,
   6. Other reasons for the rejection of the order with respect to equality principle pursuant to herein Agreement or applicable legislation,
   7. Order rejection decision of the Application Stores.

1. You can purchase Goods and Services by using any payment methods which are allowed by Application Stores and located in Applications, with using methods of payment including credit card, mobile payment methods and other payment methods, provided that they are allowed in the Applications.
2. Company has a right to reject the payments due to technical difficulties or other reasons that are made through particular payment methods. Current payment methods and prevailing terms and conditions (the conditions regarding technicality and formality for example) are determined by Company with its own discretion completely. Company has a right to change the extent and the qualifications of the current terms and conditions of current payment methods at any desired time unilaterally without any prior notice.
3. The User is solely responsible for complying with the terms and conditions of the chosen payment method and for the accuracy, completeness and recency of the data shared by themselves.
4. You agree not to transfer, sell, lend, lease or dispose of the content in the Applications except for the uses permitted in this Agreement. The Company has the right to unilaterally change the purpose, scope and duration of all the content which is offered by themselves at any time without prior notice.
5. When you use a payment method to pay for the purchase of Products and Services in the Applications, the payment takes place between your transaction device and the payment system provider through the interface of the Application Stores’ or the Company’s. Company will not be responsible for (a) payment service provider's services, (b) systems’ infrastructure, and transactions, (c) payment transaction completion (d) payment or order receipt errors resulting from Application Stores, or (d) any problem between you and the payment service provider. You acknowledge and agree that the Company is not responsible for the negligence, defect or improvidence of the payment service provider or the Application Stores while making the payment. Therefore, any claim, complaint or dispute arising from transaction or in connection with a transaction between the User and the payment service provider cannot be asserted against the Company.
6. If the Company or the Application Stores accept the refund to the User, the refund will be made by the User's purchase method, unless the User and the Company agree on a refund by a different method. Refunds can only be made through the Apple AppStore for the User who uses the Applications, and Products and Services through the Apple AppStore and made payment with this method.

1. If applicable for the relevant Products and Services, subscription services may be provided in the Applications for unlimited access to the Applications and continuous development of the services.
2. Subscription terms and pricing shall be visible during the payment. The Company reserves the right to unilaterally amend the pricing of subscriptions. Subscriptions shall be renewed automatically on the end of the subscription term for the same duration as the subscription term, if it is not cancelled by the Company or the User.
3. The subscription purchases are made through the Application Stores. The User shall be able to complete their purchass in accordance with the terms and conditions regarding subscriptions determined by the Application Stores. The Company shall bare no responsibility for mistake, fault, negligence or malfunction of the Application Stores.

1. All features (works subject to the Company's copyright) of the Applications’ and the Website’s (including but not limited to design, text, image, html code and other codes) are being used as owned by the Company and/or under a license from a third party which is received by the Company.
2. All of the Company's assets, real and personal rights and all rights to know-how, including its commercial information, copyrighted works, trademarks, commercial appearance or any tangible and intellectual property rights it has through the Website, are reserved.
3. Any provision of this Agreement or the purchase of the relevant product in the Applications or the Website does not give the ownership of any content or any other right or license on the content to the User. By purchasing a product, the User uses the content of the product only within the limits of personal use and goodwill.
4. You have the right to use the content and/or services for your own personal use, however you do not have the right: (i) to sell the content or products or the content and produced products or created from them, transfer, lease, license to third parties without the prior written consent of the Company, except conditions provided in this Agreement; (ii) imitate, modify or redirect the communication protocols used by the Company in any network features of the content and/or services, through technologies for any purpose, without the prior written consent of the Company; or (iii) except as explicitly permitted in this Agreement, you have to benefit from the content and/or services or any part of them for any commercial purpose. Otherwise, the User shall be liable to cover all kinds of damages and expenses, including but not limited to the amount of compensation requested from the Company, court costs and attorney's fees due to the damages incurred by third parties, including but not limited to the licensors.
5. You may not use the content and/or services other than permitted access to the content in the Applications or for any purpose contrary to this Agreement or applicable legislation. Except as permitted under this Agreement, content and/or services cannot be copied, reproduced, published, distributed, translated, subjected to reverse engineering, derived as source code, modified, disassembled, combined, or formed as derivative works or any proprietary notices or tags removed from them completely or partially without the written consent of the Company.

1. The User does not share any Personal Data with the Company while downloading the Applications from the Application Stores or in order to use the Applications, and the User's Personal Data is not processed by the Company. The User declares and accepts that they are able to review the privacy policy prepared by the Company and available to them at https://@funjitsugames.com/privacy-policy in order to obtain more information on the subject.
2. Your login and use of the Applications does not mean that your personal data will be processed for advertising, marketing purposes or to communicate with you. The Company will only be able to send notifications to the device which the User connects to the Applications, only upon the User's explicit consent. The User is able to change the notification preferences from the settings of their own device at any desired time.
3. In case the User approves explicitly while entering to the Applications for the first time, the User's movements within the Applications are processed by automatic methods and accordingly, personalized advertisements are offered to the User. The Company may provide this service on its own or through third party suppliers.
4. The Company reserves the right to keep a record of the User's actions on the Applications and the Website.

If the Company suspects that the User is manipulating payment transactions, it shares the User's identity, communication and transaction security information with authorized institutions and organizations in order to reconcile payments in commercial transactions or to carry out audits to prevent fraud or money laundering, depending on the relevant payment type.

If the Company suspects that the User is engaged in any money laundering activity through the Applications, it may request the User to verify their personal information. In order to ensure the security of the company payment system, the User account may be subject to a transaction limit.

The Company may, at its sole discretion and unilaterally, amend this Agreement at any time when it deems appropriate, by posting it on the Applications or the Website. The amended provisions of this Agreement will become valid on the date they are announced; the remaining provisions will remain in effect exactly and continue to have effect. By continuing to access or use Company content, Applications or Products and Services after updates or modifications to the Agreement, you are deemed to have accepted the revised versions and updates. This Agreement cannot be changed by the unilateral declarations of the User.

If any term, condition or provision of this Agreement is invalid, against the law or unenforceable in any way; such term, condition or provisions shall not affect the validity, legitimacy or enforceability of any other provisions or documents contained in this Agreement. Parties shall make every reasonable effort to accept substitute provisions with the same commercial effect regarding invalid or provisions which are against the law to the practicable extent.

Delay of the Company under this Agreement in regards to any of it’s authority, rights, privileges, or remedies through law through mistake or delay shall not bear the meaning as waiver from the this authority, right, privilege or remedies and partial use of such authority, right, privilege or remedie shall prevent the application of the remaining. The Company shall be entitled to make any claims arising out of or under this Agreement unless a claim for waiver is expressly stated in a written document duly executed and delivered on behalf of the Company; that waiver of a right, privilege or legal remedy shall not be considered as waivered, and such waiver shall have no effect except that it is granted for a valid special occasion.

1. This Agreement will remain in effect for the period in which the User accesses the Applications and benefits from the contents of the Applications in any way whatsoever, and will continue to be effective and have consequences between the Parties.
2. The Company may terminate this Agreement unilaterally in the event that the User violates rules regarding the use of the Applications and/or the Website, the Products and Services and, to the extent applicable, similar rules regarding to the membership, and in particular in the cases listed below and the User will be liable to compensate all losses incurred by the Company as a result of the termination:
1. Any User action which causes the disruption of Applications or Website by any methods,
2. The User grants a third person the purchase codes, the ad-free access to the Applications, or the purchases of any other Products and Services, or the membership account, that are prepared for the User in the Applications
3. The acts of the User which violates and/or has a potential to violate the rights of third parties (including Application Stores’ rights).

In cases of Force Majeure, the Company is not liable for late or incomplete performance or non-performance of any of its obligations set out in this Agreement. In case of Force Majeure, the Company's failure to fulfill its obligations shall not be deemed as incomplete or defective performance or non-performance or default, or no compensation shall be claimed from the Company under any name for these conditions.

The User accepts, declares and undertakes that the Company's official books and commercial records, electronic information and computer records kept in its database and servers will constitute binding, definitive and exclusive evidence, and this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure in case of disputes that may arise from the Agreement.

1. This Agreement shall be governed by Turkish law. The User can make their applications regarding the dispute between the Parties, within the monetary limits announced by the Ministry of Customs and Trade in December every year, to the Provincial or District Arbitration Committee for Consumer Problems or Consumer Courts in the place where the User purchased the goods or services or the User’s residential address.
2. Unless otherwise is stated in writing, Parties have accepted and declared that the addresses stated below are legal notification addresses and that written notifications to these addresses will have all legal consequences of a legally valid notification.

The content provided pursuant to this Agreement is distributed to you "as is" or "as available" without any explicit or implicit warranty of any kind regarding the Products or Services. Company does not guarantee that you will reach content, goods or services at any desired time or location; services will be uninterrupted or impeccable, malfunctions will be fixed or content or services provided is independent from viruses or any other damaging components.

This Agreement remains in force legally for the period in which the User benefits from the contents of the Applications by any means regardless of the time intervals and periods which the User accesses the Applications.