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TERMS OF SERVICE

LAST UPDATED: JUNE 12, 2026

Together with this Terms of Service Agreement, Jymoon’s Privacy Policy, which regulates the principles regarding the processing of personal data within the scope of the Services provided by Jymoon, should also be reviewed.

1. SUBJECT MATTER AND SCOPE OF THE AGREEMENT

This Terms of Service Agreement (“Agreement” or “Terms of Service”) regulates the terms and conditions applicable to the use of all websites, landing pages, online channels, mobile games, mobile applications, online games, game-related platforms, community pages, forums, user support channels, in-game elements, virtual items, virtual currencies, downloadable content, updates, patches, features, events, promotions and any other online or offline services connected thereto, collectively the “Services”, provided, operated or made available by JYMOON GAMES DİJİTAL YAZILIM ANONİM ŞİRKETİ (“Jymoon” or the “Company”).

This Agreement is binding upon each natural person who accesses, downloads, installs, registers for, plays or otherwise uses the Services in any manner whatsoever (“User”).

By accessing, downloading, installing, registering for, playing or otherwise using the Services, the User accepts, declares and undertakes that the User has read, understood and accepted this Agreement and agrees to be bound by its provisions.

Persons who do not accept this Agreement must not access, download, install, register for, play or otherwise use the Services in any manner whatsoever. Use of the Services shall be void to the extent prohibited under applicable law.

2. BINDING EFFECT AND AMENDMENTS

This Agreement constitutes a legally binding agreement between the User and Jymoon. The User’s access to and use of the Services is conditional upon the User’s compliance with this Agreement, the Privacy Policy, applicable platform rules, other policies, rules, statements and instructions published by the Company or made available within the scope of the Services, and applicable legislation.

Jymoon reserves the right to amend, update, revise or renew this Agreement at any time, at its sole discretion. Updated Terms of Service may be published on the Site, within the Services or through any other method deemed appropriate by the Company.

It is the User’s responsibility to follow the current version of this Agreement. Continued use of the Services after the updated Terms of Service enter into force shall mean that the current Terms of Service have been accepted.

This Agreement constitutes the entire understanding between the User and Jymoon regarding the use of the Services and supersedes all prior or contemporaneous oral or written statements, understandings, undertakings and agreements concerning the same subject matter.

In the event of a breach or suspected breach of this Agreement, Jymoon reserves the right to restrict, suspend, terminate, modify, delete or block access to the User account, the usage license granted to the User, access to the Services, Game Data, Virtual Items or User Content. Jymoon also has the right to report unlawful conduct to competent authorities and to take any technical, administrative and legal measures it deems necessary.

3. PRIVACY

Jymoon may process certain personal data relating to the User for the purposes of providing, operating, securing, improving and personalizing the Services, preventing misuse, improving user experience and carrying out commercial activities.

The procedures and principles regarding the processing of personal data are regulated under Jymoon’s Privacy Policy. The User should review the Privacy Policy in order to understand which personal data are processed, for what purposes such data are used, with whom they may be shared, for how long they are retained and what rights the User has in relation to personal data.

4. AGE OF USERS

The Services are not intended for children under the age of 13. The User must be at least 13 years old in order to access or use the Services.

If the User is between the ages of 13 and 18, or is below the age of majority applicable in the country or region where the User is located, the User may access and use the Services only with the permission and under the supervision of the User’s parent or legal representative. A parent or legal representative who permits a minor to use the Services shall be responsible for the minor’s use of the Services and compliance with this Agreement.

Jymoon may apply age verification, parental approval, additional verification or child safety measures where it deems necessary in accordance with applicable legislation, platform rules or Company policies.

Jymoon shall not be responsible for access to or use of the Services by persons who do not meet the age requirement or by persons who use the Services without the required permission of a parent or legal representative.

Parents and legal representatives are obliged to monitor children’s online activities and use of the Services. If it is believed that a child has accessed or used the Services without the required permission, Jymoon may be contacted through the contact details set out below.

5. DESCRIPTION OF THE SERVICES

Jymoon is an independent mobile game studio engaged in the design, development, publication, operation and commercialization of casual, hybrid-casual and other types of mobile games, applications and related online services.

The Services may include mobile games, websites, user accounts, player profiles, social features, leaderboards, teams, competitions, in-game events, chat or messaging functions, user support channels, advertisements, offers, rewards, virtual currencies, in-game virtual items, boosters, costumes/skins, characters, avatars, downloadable content, subscriptions, updates, patches and other related features.

Jymoon reserves the right to modify, update, suspend, remove, replace, restrict, disable or terminate all or any part of the Services, including any feature, function, Game Data, Virtual Item, Virtual Currency, event, offer, reward, game mode or content, at any time and at its sole discretion.

Jymoon shall not be under any obligation to provide compensation, refund, payment or any other liability to the User or any third party due to the exercise of the rights set out above.

6. USER’S OBLIGATIONS

The User accepts, declares and undertakes that the User shall use the Services only through authorized means and in accordance with this Agreement, applicable legislation, platform rules and instructions issued by Jymoon.

The User accepts, declares and undertakes that the User shall not, directly or indirectly:

(a) access or attempt to access the Services, accounts, servers, systems, networks, data or content without authorization;

(b) use the Services for any unlawful, fraudulent, harmful, abusive, commercial or unauthorized purpose;

(c) violate applicable legislation, third-party rights, this Agreement or any rules and policies published by Jymoon;

(d) harass, threaten, abuse, defame, bully, impersonate, intimidate, exploit or harm any user or third party;

(e) use harmful, threatening, abusive, obscene, pornographic, hateful, racist, discriminatory, defamatory, violent, sexual or otherwise inappropriate language, messages or content;

(f) engage in unlawful, fraudulent, harassing, abusive or harmful chats, messaging or other communications within the scope of the Services;

(g) cheat, hack, exploit, manipulate, disrupt, overload or interfere with the Services, servers, networks, gameplay, matchmaking systems, rankings, purchase processes, reward mechanisms or other systems;

(h) use cheats, bots, scripts, automation software, exploits, hacks, mods, unauthorized third-party software or any similar tool for the purpose of modifying, manipulating, automating, blocking, scraping, data-mining or interfering with the Services or any game experience;

(i) modify or cause to be modified any file, data, software, code, system or component forming part of the Services;

(j) reverse engineer, analyze, disassemble, adapt, translate or attempt to obtain the source code, object code, underlying structure, algorithms, ideas or systems of the Services, save for cases permitted under mandatory provisions of applicable legislation;

(k) host, imitate, intercept, redirect, reproduce, distribute, mirror, publish or provide unauthorized access to the Services or communication protocols used by the Services;

(l) transmit or make available any virus, worm, trap, malware, spyware, corrupted file, harmful code or any other harmful component;

(m) interfere with the ordinary functioning of the Services or negatively affect other users’ ability to use the Services;

(n) collect, process, store, disclose, sell, misuse or attempt to obtain without authorization personal data or information relating to other users;

(o) send unauthorized advertisements, promotional materials, spam, phishing messages or other unauthorized solicitations;

(p) use the Services for political, religious, gambling, betting, fundraising, commercial, advertising or promotional purposes without Jymoon’s prior written consent;

(q) sell, purchase, rent, exchange, transfer, gift, trade or otherwise dispose of accounts, Virtual Items, Virtual Currency, Game Data, in-game progress, rankings, rewards or any game-related benefit in return for real money, external value or any consideration outside the Services;

(r) use an unauthorized payment method or use a payment method belonging to another person without the required permission;

(s) use Jymoon’s trademarks, service marks, trade names, logos, game names, characters, visuals, content or other intellectual property elements without Jymoon’s prior written consent;

(t) assist, encourage, facilitate or instruct third parties to perform any of the prohibited acts listed above.

Jymoon has the right to determine, at its sole discretion, whether any conduct is contrary to this Agreement or to the spirit, fairness, integrity or intended use of the Services.

7. USER ACCOUNTS

Certain parts of the Services may require or allow the creation of an account, player profile or platform-linked account, or access to or use of such account.

The User is exclusively responsible for the accuracy, currency, confidentiality and security of account information. The User is responsible for all transactions and activities carried out through the account, whether or not such transactions and activities have been authorized by the User. Jymoon shall not be responsible for any damage, loss, claim or expense arising from unauthorized use of the User account.

The User accepts, declares and undertakes that the User shall:

(a) provide accurate, current and complete information where requested;

(b) keep account information up to date;

(c) not create an account using false, misleading or incomplete information;

(d) not create an account on behalf of another person without authorization;

(e) not use another user’s account without authorization;

(f) not sell, rent, transfer, lend, share, gift, trade or otherwise make the account available to third parties;

(g) not create multiple accounts for the purpose of abusing, manipulating, circumventing or exploiting the Services, reward systems, restrictions, bans, rankings, matchmaking systems, purchase processes or other limitations;

(h) not use the Services if the User has previously been suspended, banned or removed from the Services by Jymoon, unless expressly authorized by Jymoon.

If Jymoon determines or has reasonable suspicion that an account has been used in breach of this Agreement, for cheating, fraud, misuse, unauthorized transactions, security breaches, unlawful activity, infringement of rights, prolonged inactivity, circumvention of restrictions or any other conduct contrary to the spirit or intended use of the Services, Jymoon may, at its sole discretion and with or without prior notice, suspend, restrict, terminate, modify or delete the relevant account.

8. PAYMENT OBLIGATIONS

8.1 VIRTUAL ITEMS

Within the scope of the Services, it may be possible to purchase, earn, acquire, access or use virtual currencies, in-game coins, boosters, costumes/skins, characters, avatars, cosmetic elements, passes, subscriptions, rewards, levels, downloadable content or other virtual or digital elements. These are collectively referred to as “Virtual Items”.

Virtual Items are not sold; they are only licensed. The User is granted a limited, personal, non-transferable, non-sublicensable and revocable usage license to use Virtual Items within the scope of the Services for personal and non-commercial entertainment purposes.

The User accepts, declares and undertakes that:

(a) Virtual Items have no monetary value in the real world;

(b) Virtual Items are not money, currency, assets, stored value, securities, financial instruments or payment instruments;

(c) Virtual Items cannot be converted into, exchanged for, transferred for or redeemed for cash, cash equivalents, goods or services, or any monetary value outside the Services;

(d) even if the User has paid a fee, spent time or made any effort to acquire Virtual Items, the User does not acquire any ownership right, real right, claim right, intellectual property right, right of disposal or any monetary interest over Virtual Items;

(e) all rights, title and interests in and to Virtual Items and related Game Data belong to Jymoon or are under Jymoon’s control;

(f) Jymoon has the right to manage, regulate, control, modify, rebalance, suspend, remove, disable, replace or completely eliminate Virtual Items, Virtual Currency, rewards, content, features or related Game Data at any time and without prior notice;

(g) Jymoon shall not be responsible to the User or any third party due to the exercise of the rights set out above.

The User may acquire Virtual Items only through channels provided by Jymoon, Apple App Store, Google Play or authorized platform providers. Unauthorized sale, purchase, transfer, exchange, trade, gifting or other disposal of Virtual Items, Virtual Currency, accounts, Game Data, rankings, rewards or in-game benefits is strictly prohibited and shall not be recognized by Jymoon.

Any attempt to sell, purchase, transfer, exchange, trade, gift or otherwise dispose of Virtual Items outside the Services or in return for real money or external value shall constitute a material breach of this Agreement. In such case, Jymoon may immediately terminate the User account, remove access to Virtual Items, determine that Virtual Items are forfeited and apply any other technical, administrative and legal measures it deems necessary.

8.2 FEES, REFUNDS AND RETURN POLICY

Certain Services, features, Virtual Items or digital content may require payment. Prices, availability, technical specifications, descriptions, content and features may be changed by Jymoon at any time.

All purchases made through the Services are final. Jymoon shall not provide any refund, exchange, credit, repayment, price refund or compensation in relation to Virtual Items, Virtual Currency, subscriptions, digital content, unused balances, lost progress, deleted accounts, suspended accounts, terminated accounts, discontinued Services or modified features.

The User is responsible for all charges and transactions made through the account. The User may only use the User’s own payment method or a payment method that the User is legally authorized to use.

Purchases made through Apple App Store, Google Play or other third-party platform providers are subject to the payment terms, refund policies, consumer terms and platform rules of the relevant platform provider. Jymoon does not control the refund decisions of platform providers and shall not be responsible for the transactions, decisions, acts or omissions of platform providers.

For digital content or digital services delivered immediately or made available for instant use, the User’s right of withdrawal may be lost or restricted if the consent and information requirements required under applicable legislation have been fulfilled.

If the User account is suspended or terminated due to breach of this Agreement, cheating, fraud, misuse, unauthorized transactions, unlawful activity or other improper conduct, unused Virtual Items, Virtual Currency, rewards, progress or other in-game benefits may be forfeited without any refund, price refund or compensation.

9. PROHIBITED USES

Jymoon imposes strict restrictions on the use of the Services. The User is prohibited from violating or attempting to violate any security, authentication, access control, anti-cheat, anti-fraud, payment, gameplay, ranking, matchmaking or other feature of the Services.

In particular, the User may not:

(a) access content, data, systems, accounts or servers not intended for the User;

(b) probe, scan or test the vulnerability of the Services or any system or network connected to the Services without authorization;

(c) violate, bypass, disable, circumvent or interfere with security, authentication, access control, rate limiting, anti-cheat, anti-fraud or other protective measures;

(d) overload, flood, spam, mail-bomb, crash, disrupt or otherwise interfere with the Services;

(e) imitate, alter or falsify headers, identifiers, device information, location information, payment information, account information or any part of communications transmitted through the Services;

(f) use unauthorized software to intercept, imitate, redirect, data-mine, scrape, collect, monitor or modify data transmitted to or from the Services;

(g) use any user interface, launcher, client, tool, application or access method other than the official interface or authorized method provided or approved by Jymoon;

(h) host, provide matchmaking services for, imitate, redirect, intercept or reproduce communication protocols used by the Services;

(i) create or use cheats, mods, hacks, bots, scripts, automation software or other third-party software designed to modify or interfere with the Services;

(j) use the Services in any manner that Jymoon considers contrary to the spirit, fairness, integrity or intended use of the Services.

Any breach of system or network security may give rise to the User’s civil, administrative and/or criminal liability. Jymoon reserves the right to investigate suspected breaches and to cooperate with law enforcement authorities, regulatory authorities, platform providers and other third parties in the examination of suspected unlawful or unauthorized conduct.

10. USE OF SOFTWARE

10.1 LIMITED USAGE LICENSE

Provided that the User complies with this Agreement and applicable Jymoon policies, Jymoon grants the User a non-exclusive, non-transferable, non-sublicensable, revocable and limited usage license to access and use the Services solely for personal and non-commercial entertainment purposes.

The Services are provided to the User solely for personal and non-commercial use. The User may not use the Services for any other purpose.

10.2 LICENSE LIMITATIONS

Use of the Services in breach of these license limitations is strictly prohibited. Such use may result in the immediate revocation of the limited license granted to the User and may give rise to the User’s civil, administrative and/or criminal liability.

The User may not, under any circumstances:

(a) copy, reproduce, distribute, sell, rent, license, sublicense, assign, transfer or otherwise commercially use any part of the Services;

(b) modify, adapt, translate, create derivative works from or otherwise alter the Services;

(c) reverse engineer, analyze, disassemble or attempt to obtain the source code of the Services, save for cases permitted under mandatory provisions of applicable legislation;

(d) use unauthorized software, bots, cheats, hacks, mods, exploits, automation tools, scripts or third-party software designed to modify, interfere with or manipulate the Services;

(e) use third-party software that intercepts, data-mines, scrapes, collects, monitors or modifies information from or through the Services;

(f) modify or cause to be modified any files that are part of the Services;

(g) bypass, alter, interfere with or circumvent security, authentication, anti-cheat, anti-fraud or technical protection mechanisms;

(h) host, provide matchmaking services for, imitate, redirect, intercept or reproduce communication protocols used by the Services;

(i) engage in any act that Jymoon considers to conflict with the spirit or purpose of the Services or misuse Jymoon support services.

Jymoon has the right to determine which conduct violates the license limitations and to take any action it deems necessary, including suspension or termination of the User account or access to the Services.

10.3 SUSPENSION OR TERMINATION OF ACCOUNT AND SERVICES

Without prejudice to Jymoon’s other rights and remedies, if it is determined or suspected that the User has acted in breach of this Agreement or has used the Services in an unlawful, fraudulent, abusive, harmful or improper manner, Jymoon may restrict, suspend, terminate, modify or delete the User account or access to the Services, in whole or in part.

If Jymoon considers that users create risk or legal liability, infringe intellectual property rights or third-party rights, or act contrary to the wording or spirit of this Agreement, Jymoon may block access to the Services, remove or disable access to hosted content, take technical and legal measures to prevent users from accessing the Services and report the relevant conduct to competent authorities.

Jymoon may suspend or terminate accounts of users who infringe or are suspected of infringing intellectual property rights, or who repeatedly violate the rules, fairness, integrity or intended use of the Services.

11. USER CONTENT

The User agrees to comply with applicable legislation and respect the intellectual property rights, privacy rights, personality rights and other rights of Jymoon and third parties when accessing the Site or using the Services.

The Services may allow the creation, upload, sharing, submission, posting, display, transmission or making available of usernames, profile information, chat messages, comments, posts, visuals, videos, screenshots, files, feedback, ratings, reviews, suggestions, game-related content or other materials. These are collectively referred to as “User Content”.

The User is exclusively responsible for User Content and all consequences arising from the submission, sharing, sending, transmission or publication of such content through the Services.

The User represents and warrants that:

(a) the User has all rights, licenses, permissions and authorizations necessary to submit and share the User Content;

(b) the User Content does not infringe any copyright, trademark, trade secret, personality right, privacy right, publicity right, contractual right or any other right of any third party;

(c) the User Content is not contrary to applicable legislation, public order, public morals or this Agreement;

(d) the User Content is not unlawful, harmful, threatening, abusive, defamatory, obscene, pornographic, hateful, discriminatory, violent, fraudulent, misleading or otherwise inappropriate.

By submitting User Content through the Services, the User grants Jymoon a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, communicate to the public and otherwise use such content for the purposes of operating, providing, moderating, securing, promoting, developing and improving the Services.

The User retains the rights the User holds over User Content. However, Jymoon may retain and use User Content to the extent necessary for legal compliance, security, prevention of cheating and fraud, moderation, backup, dispute resolution, enforcement of this Agreement, protection of rights, operation of the Services, or where User Content has been shared with other users or cannot reasonably be removed.

Jymoon has the right, at any time and for any reason, with or without prior notice, to monitor, review, moderate, edit, remove, disable access to, restrict, delete or refuse to publish User Content. Jymoon does not have any general obligation to monitor or supervise in this respect.

12. COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY INFRINGEMENTS

Jymoon attaches great importance to the protection of its own intellectual property rights and those of third parties. The Services, including games, applications, software, source codes, object codes, game engines, systems, tools, user interfaces, characters, character designs, names, titles, logos, trademarks, trade names, artwork, graphics, animations, sounds, musical works, audiovisual effects, gameplay elements, levels, concepts, stories, dialogues, slogans, Virtual Items, Virtual Currency, Game Data, documentation and all related content, are protected under copyright, trademark, trade secret and other intellectual property laws.

The User may not, except for cases expressly permitted under this Agreement or required by mandatory provisions of applicable legislation, directly or indirectly copy, reproduce, distribute, publish, display, perform, modify, adapt, translate, create derivative works from, sell, license, commercially use, extract, scrape, analyze, reverse engineer, imitate, clone or otherwise use any part of the Services or Jymoon’s intellectual property elements without Jymoon’s prior written consent.

The User may not upload, share, transmit, distribute, make available or otherwise use through the Services any User Content or other materials that infringe or may infringe Jymoon’s or any third party’s copyright, trademark, trade secret, design right, moral right, personality right, privacy right, publicity right, contractual right or any other right.

Jymoon may, at its sole discretion and with or without prior notice, remove, disable access to, restrict, suspend, delete or block any User Content, account, username, profile, communication, file, visual, video, link or other material that it believes or suspects infringes any intellectual property right, violates applicable legislation, breaches this Agreement or creates legal, reputational, operational or security risk for Jymoon, the Services, users or third parties.

Jymoon may suspend or terminate, with or without prior notice, the accounts of users who infringe or are suspected of infringing intellectual property rights, repeatedly submit infringing content, misuse Jymoon’s intellectual property, imitate or clone the Services, create unauthorized derivative works, use Jymoon’s assets outside the Services or are deemed to harm Jymoon’s intellectual property rights or the integrity of the Services.

A rights holder or authorized person who believes that any content infringes copyright, trademark or other intellectual property rights may notify Jymoon by providing the following information:

(a) description of the copyrighted work, trademark, design, trade secret or other right alleged to have been infringed;

(b) description of the material alleged to be infringing or subject to infringing activity and information enabling Jymoon to identify the relevant material;

(c) full name, address, telephone number and e-mail address of the notifying person;

(d) a statement showing the good faith belief that the disputed use is not authorized by the rights holder, the rights holder’s representative or applicable legislation;

(e) a statement that the information contained in the notice is accurate and that the notifying person is the rights holder or is authorized to act on behalf of the rights holder;

(f) documents and evidence showing ownership, authorization or authority to act on behalf of the rights holder in relation to the allegedly infringed rights, to the extent applicable.

Notifications may be sent to the following address:

ENTITY

JYMOON GAMES DİJİTAL YAZILIM ANONİM ŞİRKETİ

CONTACT

Maslak Mahallesi, Eski Büyükdere Caddesi No: 7, Kat: 12, D: 45/46, Giz 2000 Plaza, 34475 Sarıyer/İstanbul, Türkiye

info@jymoongames.com

Jymoon may examine infringement allegations notified to it and may request additional information and documents from the notifying person or the relevant user. Jymoon shall not be obliged to restore any content, account or access removed or restricted within the scope of an infringement allegation.

The User accepts, declares and undertakes to fully indemnify, defend and hold harmless Jymoon, its affiliates, shareholders, board members, managers, employees, consultants, representatives, licensors and service providers from and against any and all claims, lawsuits, enforcement proceedings, damages, losses, liabilities, penalties, administrative sanctions, costs and expenses, including attorneys’ fees, legal consultancy fees, litigation expenses, enforcement and collection expenses, notary expenses, translation expenses, expert opinion fees, technical review expenses, official fees, taxes and all other costs and expenses, arising from or in connection with User Content submitted by the User, the User’s infringement or alleged infringement of intellectual property rights or other third-party rights, or the User’s unauthorized use of Jymoon’s intellectual property elements.

13. REVIEW OF ALLEGED VIOLATIONS

Jymoon reserves the right to review any actual, alleged or suspected violation of this Agreement, applicable legislation, third-party rights or the integrity of the Services.

In this context, Jymoon or its authorized representatives may access, review, preserve and disclose account information, Game Data, User Content, communications, transaction records, device information, logs and other relevant information in accordance with the Privacy Policy and applicable legislation where deemed necessary or appropriate for the purposes of reviewing complaints, detecting cheating or fraud, responding to abuse reports, preventing harm, enforcing this Agreement, protecting rights, complying with law or cooperating with competent authorities.

Jymoon is not obliged to disclose the existence or conduct of any review. As a result of a review, Jymoon may take any action it deems necessary. Such actions may include warning, content removal, access restriction, account suspension, account termination, reporting to competent authorities or pursuing legal remedies.

If Jymoon identifies any unlawful activity, particularly conduct that may constitute a criminal offense, or receives a notification in this regard, the relevant matter may be reported to competent authorities. The User accepts that the User shall not bring any claim, lawsuit or complaint against Jymoon due to Jymoon’s good faith reporting of suspected unlawful conduct to competent authorities.

14. NO WARRANTY

The Services are provided in their current form.

Jymoon does not undertake that the Services will meet the User’s expectations or that they will be uninterrupted, error-free, secure, continuously accessible or available on every device, operating system, country or region. Technical malfunctions, errors, interruptions, data losses, connection issues, performance issues or other deficiencies may occur in the Services.

Jymoon further does not guarantee that Game Data, Virtual Items, Virtual Currency, User Content, in-game progress, rewards or rankings will never be lost, corrupted, modified, reset, deleted or become inaccessible.

15. LIMITATION OF LIABILITY

Jymoon shall not be liable for loss of profit, loss of expected profit, loss of expected earnings, loss of revenue, loss of data, loss of reputation, business interruption, loss of customers, loss of commercial opportunity, loss of in-game progress, loss of Virtual Items, loss of Virtual Currency, loss of Game Data, loss of rewards, loss of ranking or similar indirect damages and losses that may arise due to the use, inability to use, interruption, malfunction, modification, suspension or termination of the Services.

Where it is accepted that Jymoon has any liability arising from this Agreement, the Services or the use of the Services, Jymoon’s total liability shall be limited to the total amount actually paid by the User to Jymoon through the Services during the twelve (12) month period preceding the event giving rise to the relevant claim.

Jymoon shall not be under any obligation to pay compensation, refund, price refund or any other amount, nor shall it have any other liability, due to the User’s inability to access the User’s account, Game Data, Virtual Items, Virtual Currency, in-game progress, rankings, rewards or User Content, or due to their loss, corruption, deletion, reset, suspension, disabling or modification.

This article shall not apply to liability arising from Jymoon’s willful misconduct or gross fault where such liability cannot be limited under applicable legislation.

16. ACKNOWLEDGEMENT AND DISCLAIMER REGARDING GAME DATA

By using the Services, the User accepts that the User does not acquire any ownership right, real right, monetary claim right or any other right over the Site, Services, Game Data, Virtual Items, Virtual Currency or any status within the scope of the Services.

For the Services to be provided, electronic records such as player profiles, accounts, in-game virtual currencies, statistics, user profiles, progress information, achievements, scores, rankings, rewards, chat records, support records and other records may need to be created and stored. These are collectively referred to as “Game Data”.

Game Data is an integral part of the Services and belongs to Jymoon, is under Jymoon’s control or is licensed to Jymoon.

Jymoon may take reasonable security and retention measures to protect Game Data. However, Game Data may be lost, corrupted, modified, reset, deleted or become inaccessible due to technical failures, updates, maintenance activities, software errors, security incidents, user conduct, account suspension, account termination, platform requirements or other reasons.

Jymoon shall not be responsible to the User due to the loss, corruption, modification, reset, deletion or inaccessibility of Game Data, Virtual Items, Virtual Currency, in-game progress, rewards or rankings.

17. INDEMNIFICATION AND HOLD HARMLESS

The User accepts, declares and undertakes to fully indemnify, defend and hold harmless Jymoon, its affiliates, shareholders, board members, managers, employees, consultants, representatives, licensors, service providers and business partners from and against any and all claims, lawsuits, enforcement proceedings, damages, losses, liabilities, penalties, administrative sanctions, costs and expenses arising from or in connection with:

(a) the User’s access to or use of the Services;

(b) the User’s breach or alleged breach of this Agreement;

(c) User Content;

(d) the User’s violation of applicable legislation or third-party rights;

(e) the User’s cheating, fraud, misuse, unauthorized conduct or misuse of the Services;

(f) any transaction or activity carried out through the User account;

(g) unauthorized transaction, transfer, use or disposal of Virtual Items, Virtual Currency, Game Data or accounts.

This indemnification obligation includes attorneys’ fees, legal consultancy fees, litigation expenses, enforcement and collection expenses, notary expenses, translation expenses, expert opinion fees, technical review expenses, official fees, taxes and all other costs and expenses.

This indemnification obligation shall not apply to the extent the relevant claim cannot be attributed to the User’s fault, willful misconduct, negligence, unlawful act or conduct contrary to this Agreement.

18. FORUMS AND COMMUNICATION TOOLS

If the User uses chat areas, message boards, instant messaging tools, mobile messaging tools, team communication tools, in-game messaging features, community features, support channels or similar communication tools provided within the scope of the Services, the User shall be responsible for all communications made through such areas.

The User may not share unlawful, harassing, threatening, discriminatory, obscene, defamatory, rights-infringing, fraudulent, misleading, abusive or harmful content through Forums and communication tools. Sharing links directing to unlawful or abusive content is also prohibited.

Jymoon may review, remove, disable access to or restrict Forum content and communications, suspend the relevant user or terminate the account, and report the matter to competent authorities where necessary, if it deems this necessary or appropriate for the purposes of enforcing this Agreement, protecting users, complying with law, reviewing complaints, investigating misuse, detecting unlawful activity, preventing cheating and fraud, protecting rights or ensuring the integrity and security of the Services.

The User accepts that information shared in online areas may be seen, collected, used or misused by others. The User must not share personal, sensitive, confidential, financial or security-related information through Forums.

Jymoon shall not be responsible for unlawful, rights-infringing, harmful or inappropriate content shared by users through Forums or other communication tools.

19. WEBSITE CODES AND SOFTWARE ELEMENTS

All website codes, software files, application codes, interfaces, system components, game engine components, databases, design elements, technical infrastructure elements and other software elements connected with the Site and the Services belong to Jymoon or are licensed to Jymoon.

The User may not copy, reproduce, modify, analyze, reverse engineer, distribute, publish, transfer to third parties or otherwise use such codes or software elements without Jymoon’s prior written consent.

20. TRADEMARK USE

Use of Jymoon’s trademarks, service marks, trade names, logos, game names, domain names, characters, visuals, artwork and other brand elements without Jymoon’s prior written consent is strictly prohibited.

The User may not use any brand element belonging to Jymoon in a manner that creates the impression that the User is connected with, supported, approved or authorized by Jymoon.

21. FORCE MAJEURE

Jymoon shall not be responsible for any delay, non-performance, interruption, inaccessibility or impossibility of performance arising from causes beyond its reasonable control.

Such causes include natural disasters, war, terrorism, riots, civil disturbances, embargoes, acts of public authorities, acts of civil or military authorities, fire, flood, accident, strike, labor dispute, shortages of transportation, fuel, energy, labor or materials, epidemic, pandemic, internet or telecommunications failures, platform outages, cyberattacks, power outages, technical failures, app store actions and other events beyond Jymoon’s reasonable control.

22. CONSUMER RIGHTS

Nothing in this Agreement is intended to limit, eliminate or require waiver of the mandatory consumer rights that the User has under applicable legislation and that cannot be waived.

If the User qualifies as a consumer, the User’s mandatory consumer rights are reserved, including rights relating to defective goods or services, the right of withdrawal to the extent applicable, and the right to apply to competent consumer arbitration committees or consumer courts.

Mandatory provisions of applicable legislation are reserved with respect to Jymoon’s liability, refund obligations, right of withdrawal, obligations concerning digital content or digital services and consumer application mechanisms.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER

FOR THE PURPOSES OF THIS SECTION, THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM AND SWITZERLAND ARE COLLECTIVELY REFERRED TO AS “EEA+”.

IF YOU RESIDE OUTSIDE THE EEA+, TÜRKİYE OR ANY OTHER JURISDICTION THAT DOES NOT RECOGNIZE MANDATORY ARBITRATION PROVISIONS, PLEASE NOTE THAT THESE TERMS CONTAIN A DISPUTE RESOLUTION AND MANDATORY BINDING ARBITRATION PROVISION ON AN INDIVIDUAL BASIS, INCLUDING A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, THAT MAY AFFECT YOUR RIGHTS WITH RESPECT TO ANY DISPUTE YOU MAY HAVE WITH JYMOON.

ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY IN ANY COURT, ARBITRATION OR OTHER FORUM. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN SECTION 23.3(c)(iii) BELOW.

IN SOME COUNTRIES OR REGIONS, YOU MAY HAVE ADDITIONAL RIGHTS AND CERTAIN PARTS OF THIS DISPUTE RESOLUTION SECTION MAY NOT APPLY TO YOU AS REQUIRED BY APPLICABLE LAW. NOTHING IN THESE TERMS IS INTENDED TO LIMIT OR EXCLUDE ANY MANDATORY CONSUMER RIGHTS THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.

23. DISPUTE RESOLUTION AND GOVERNING LAW

Because the laws of the European Economic Area, the United Kingdom and Switzerland are different from some other laws, this Section includes one subsection that applies only if you reside in the European Economic Area, the United Kingdom or Switzerland, collectively referred to as “EEA+”, and one subsection that applies only if you reside outside the EEA+.

For the purposes of this Section, “Dispute” means any dispute, claim, demand, allegation, investigation, action, lawsuit, proceeding, controversy or other dispute arising out of or relating in any way to these Terms, the Services, the Site, any Jymoon game or application, your account, Game Data, Virtual Items, Virtual Currency, User Content, your relationship with Jymoon, your use of or access to the Services, any payment, refund or purchase-related matter, suspension or termination of access, or any other matter connected with Jymoon or the Services. “Dispute” includes disputes that arose or involve facts occurring before the existence of these Terms or any prior version of these Terms, as well as disputes that may arise after the termination of these Terms.

23.1. IF YOU RESIDE IN THE EEA+

This Section 23.1 only applies if you reside in the EEA+.

These Terms and any Disputes concerning these Terms or the Services shall be governed by and construed in accordance with the laws of the country in which you reside, to the extent required by applicable mandatory consumer protection laws.

Nothing in these Terms shall limit, exclude or require the waiver of any mandatory consumer rights or remedies that you may have under the laws of your country of residence. You may bring proceedings in the courts or before the competent consumer protection authorities of your country of residence where such rights are provided under applicable law.

Jymoon does not participate in alternative dispute resolution before an alternative consumer dispute resolution entity unless required by applicable law. Where participation is mandatory under applicable law, Jymoon will participate in the relevant process in accordance with such law.

The binding arbitration, class action waiver and jury trial waiver provisions set out in Section 23.3 shall not apply to you to the extent they are not recognized or are not enforceable under the mandatory laws applicable in your country of residence.

23.2. IF YOU RESIDE IN TÜRKIYE

This Section 23.2 only applies if you reside in Türkiye.

These Terms and any Disputes concerning these Terms or the Services shall be governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to conflict of law rules.

If you qualify as a consumer, your mandatory rights under Turkish consumer protection legislation, including the right to apply to competent consumer arbitration committees or consumer courts, are reserved.

Subject to mandatory consumer protection provisions and any mandatory jurisdiction rights you may have under applicable law, Istanbul courts and enforcement offices shall have jurisdiction over all Disputes arising out of or relating to these Terms, the Services, your account, Game Data, Virtual Items, Virtual Currency, User Content or your use of the Services.

Before applying to official remedies, you are encouraged to contact Jymoon through the contact details set out in these Terms so that the Dispute may be reviewed and, to the extent possible, resolved amicably.

23.3. IF YOU RESIDE IN UNITED STATES OR OTHERWISE OUTSIDE THE EEA+ AND TÜRKIYE

This Section 23.3 only applies if you reside outside the EEA+ and Türkiye.

(a) Governing Law

These Terms and any Disputes concerning these Terms or the Services shall be governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to conflict of law provisions.

This governing law provision shall not apply if and to the extent it violates the mandatory laws of your jurisdiction. Nothing in these Terms shall deprive you of any mandatory consumer protection rights that cannot be waived under the laws of the country or region in which you reside.

(b) Forum Selection if Arbitration Provision Does Not Apply

Subject to the exceptions set out below, all Disputes shall be subject to the exclusive jurisdiction of competent Turkish courts and enforcement offices.

There are two exceptions applicable to users outside the EEA+ and Türkiye:

(i) if you are located in a jurisdiction that recognizes mandatory arbitration provisions, then all Disputes are subject to mandatory binding arbitration pursuant to Section 23.3(c), unless you validly opt out pursuant to Section 23.3(c)(iii); and

(ii) if mandatory arbitration provisions, class action waivers, jury trial waivers or forum selection clauses are illegal, invalid or unenforceable under the laws of your jurisdiction, then the relevant provisions shall not apply to you only to the extent required by applicable law.

If the Arbitration Provision does not apply, is found invalid or unenforceable, or you validly opt out of arbitration, then, subject to any mandatory consumer protection rights and mandatory jurisdiction rights you may have under applicable law, all Disputes shall be resolved by the competent Turkish courts and enforcement offices.

(c) Dispute Resolution by Binding Arbitration

This Section 23.3(c) shall also be referred to as the “Arbitration Provision”.

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. THIS SECTION CONTAINS PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND JYMOON WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND JYMOON BE RESOLVED BY BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS SECTION ALSO CONTAINS A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION AS PROVIDED IN SECTION 23.3(c)(iii) BELOW.

(i) Election to Arbitrate and Arbitration Procedures

To the fullest extent permitted by applicable law, you and Jymoon agree that any Dispute shall be resolved by binding and final arbitration, using the English language, rather than in court.

The arbitration shall be conducted on an individual basis. The arbitrator shall have authority to resolve only the individual Dispute between you and Jymoon and shall not have authority to conduct any class, collective, consolidated, representative or mass arbitration, except to the extent such restriction is prohibited by applicable law.

Unless otherwise agreed by you and Jymoon in writing, the arbitration may be conducted remotely, online, by telephone, by videoconference or on a documents-only basis, where permitted by applicable law and the applicable arbitration rules.

The seat of arbitration shall be Istanbul, Türkiye, unless a different seat is required by mandatory applicable law or agreed by the parties in writing. The arbitral tribunal shall consist of one arbitrator. The arbitrator shall apply these Terms and the laws of the Republic of Türkiye, subject to any mandatory consumer protection laws that apply to you and cannot be waived.

The arbitrator shall have the authority to grant the same relief on an individual basis that a court could grant under applicable law, subject to the limitations, exclusions and waivers set out in these Terms and to the fullest extent permitted by applicable law. The arbitrator’s decision shall be final and binding on you and Jymoon, except for any appeal or review rights that cannot be waived under applicable law.

(ii) Exceptions to Arbitration

Notwithstanding the foregoing, the following Disputes shall not be required to be resolved by binding arbitration:

(1) you or Jymoon may assert claims or seek relief in a small claims court or similar simplified court procedure if the claims qualify and remain in such court or procedure;

(2) you or Jymoon may seek injunctive, equitable or other urgent relief in court for the actual or threatened infringement, misappropriation or misuse of intellectual property rights, including trademarks, trade names, service marks, logos, domain names, trade secrets, copyrights, patents, software, source code, game content, characters, visuals, artwork, designs, databases, confidential information or other proprietary rights;

(3) any Dispute that is not arbitrable under applicable law shall not be subject to arbitration; and

(4) nothing in this Arbitration Provision shall prevent you from exercising any mandatory consumer rights, statutory remedies or rights to apply to competent authorities that cannot be waived under applicable law.

(iii) Opt-Out of Arbitration Provision

You may opt out of this Arbitration Provision by sending written notice to Jymoon within thirty days after the date on which you first accept these Terms.

Your opt-out notice must include your full name, your country or region of residence, the email address associated with your account if any, your username or player ID if any, and a clear statement that you wish to opt out of the Arbitration Provision.

The opt-out notice must be sent to Jymoon through the contact details set out in these Terms.

If you validly opt out of this Arbitration Provision, neither you nor Jymoon will be required to arbitrate Disputes on an individual basis under this Section 23.3(c). However, the governing law, forum selection, class action waiver to the extent independently enforceable, consumer rights, limitation of liability, intellectual property, severability and other provisions of these Terms shall continue to apply to the fullest extent permitted by applicable law.

Opting out of this Arbitration Provision will not affect any other part of these Terms or your ability to use the Services.

(iv) Informal Dispute Resolution

Before either party initiates arbitration or court proceedings, you and Jymoon agree to first attempt to resolve the Dispute informally and in good faith, except where such requirement is prohibited by applicable law or where urgent injunctive or equitable relief is sought.

If a Dispute arises, the party asserting the Dispute must send written notice to the other party describing the nature and basis of the Dispute and the relief requested. Notices to Jymoon must be sent through the contact details set out in these Terms. Notices to you may be sent to the email address associated with your account or by any other method permitted under these Terms and applicable law.

Following receipt of such notice, you and Jymoon agree to attempt in good faith to resolve the Dispute informally. This may include communications by email, telephone, videoconference or other reasonable methods.

If you are represented by counsel, your counsel may participate in the informal dispute resolution process, but you agree to personally participate to the extent reasonably requested and permitted by applicable law.

If the Dispute is not resolved within thirty days after receipt of the written notice, either party may proceed with arbitration or, where applicable, court proceedings in accordance with this Section.

The informal dispute resolution process shall not prevent either party from seeking urgent injunctive or equitable relief where necessary to protect intellectual property rights, confidential information, security of the Services, users or legal rights.

(d) Class Action, Collective Action and Representative Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND JYMOON AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, MASS ARBITRATION OR SIMILAR PROCEEDING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO COURT OR ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR MASS PROCEEDING.

If this class action, collective action or representative action waiver is found to be invalid or unenforceable with respect to a particular Dispute, then, unless otherwise agreed by you and Jymoon, that Dispute shall not proceed in arbitration and shall instead be resolved in a court of competent jurisdiction, subject to the forum selection provisions of these Terms and any mandatory rights you may have under applicable law.

(e) Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND JYMOON WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES OR YOUR RELATIONSHIP WITH JYMOON.

This jury trial waiver shall apply only to the extent it is valid and enforceable under the laws applicable to you.

(f) Survival

This Section 23 shall survive the termination of these Terms, the closure of your account, the deletion of the Services from your device, the discontinuation of any Service and the end of your relationship with Jymoon.

23.4. SEVERABILITY OF DISPUTE RESOLUTION PROVISIONS

If any part of this Section 23 is found by a competent court, arbitrator or authority to be invalid, unlawful or unenforceable, that part shall be enforced to the maximum extent permitted by applicable law or severed only to the extent necessary, and the remaining parts of this Section 23 and these Terms shall remain in full force and effect.

If the class action waiver, collective action waiver or representative action waiver is found to be invalid or unenforceable with respect to a particular Dispute, then that Dispute shall proceed in court rather than arbitration, unless otherwise agreed by you and Jymoon, and the remaining provisions of this Section 23 shall continue to apply to any arbitrable individual claims to the fullest extent permitted by applicable law.

Nothing in this Section shall limit, exclude or require the waiver of any rights that cannot be limited, excluded or waived under applicable law.

24. SEVERABILITY

If any provision of this Agreement is found by a competent court or authority to be invalid, unlawful or unenforceable, such provision shall be applied to the maximum extent permitted, and the validity, legality and enforceability of the remaining provisions shall not be affected.

25. AMENDMENTS

Jymoon may, at its sole discretion:

(a) revise this Agreement;

(b) modify, update, suspend or terminate the Site or the Services;

(c) modify, remove, suspend, replace or disable any feature, function, Game Data, Virtual Item, Virtual Currency, reward, event or content;

(d) terminate any Site, game, application or Service, in whole or in part.

Jymoon may publish revisions to this Agreement on the Site, within the Services or through any other method it deems appropriate. The User is obliged to periodically review this Agreement and other online policies published by Jymoon.

26. ASSIGNMENT

The User may not assign, transfer, convey or sublicense any rights or obligations under this Agreement without Jymoon’s prior written consent.

Jymoon may assign, transfer or convey its rights and obligations under this Agreement, in whole or in part, at any time in connection with or otherwise through a merger, acquisition, restructuring, asset sale, change of control, transfer by operation of law or any other corporate transaction.

27. NO WAIVER

Jymoon’s failure or delay in exercising any right, power or remedy under this Agreement shall not constitute a waiver of such right, power or remedy.

Any waiver shall be valid only if made in writing and signed by Jymoon.

28. CONTACT

For any questions, complaints or requests regarding this Agreement or the Services, Jymoon may be contacted through the following details:

ENTITY

JYMOON GAMES DİJİTAL YAZILIM ANONİM ŞİRKETİ

CONTACT

Maslak Mahallesi, Eski Büyükdere Caddesi No: 7, Kat: 12, D: 45/46, Giz 2000 Plaza, 34475 Sarıyer/İstanbul, Türkiye

info@jymoongames.com