USER AGREEMENT

This User Agreement (hereinafter referred to as the "Agreement") hereby sets forth the terms and conditions governing the use of the website with the domain name https://madbytegames.com operated by MB Oyun Oyun ve Teknoloji Anonim Şirketi (hereinafter referred to as "MB Oyun"), as well as all mobile games developed, published, or operated by MB Oyun, mobile applications related to these games, software, updates, patches, downloadable content, virtual items, in-game purchases, and all associated online services. Said website, mobile games, and all digital services linked thereto shall hereinafter be collectively referred to as the "Platform".

By accessing the Platform provided by MB Oyun, or by visiting, downloading, installing, or using any mobile game or website, the User hereby declares that they have read, understood, and agreed to the provisions of this Agreement. If the User does not accept this Agreement, the User shall not use the Platform and shall not access the services provided by MB Oyun.

Mobile games offered by MB Oyun may encompass digital content for entertainment purposes, in-game progression systems, ad-supported or ad-free usage options, in-game virtual currencies, digital items, character skins, equipment skins, and similar virtual content.

The games are designed to operate on mobile devices and may be offered via Apple App Store, Google Play, or similar digital application stores. An internet connection, an up-to-date operating system, or specific technical requirements may be required for the games to function properly. MB Oyun reserves the right to unilaterally modify, update, or terminate game content, features, pricing, and technical infrastructure.

Within the scope of mobile games, virtual currencies, character skins, vehicle skins, equipment, or other digital content may be acquired through in-game purchases. These items may only be used within the respective game and possess no monetary value in the real world. In-game purchases shall be charged through the User's preferred application store account and are subject to the payment terms of the respective store. Purchased digital content is non-refundable and non-exchangeable for cash unless explicitly specified otherwise. MB Oyun reserves the right to modify the in-game economy and the specifications of virtual items.

MB Oyun's services are intended solely for the individual User; resale or distribution for commercial purposes is strictly prohibited.

Subscription Types

Optional subscription services may be offered to users within the scope of mobile games provided on the Platform. Subscriptions are offered on a weekly and monthly basis. The User has the opportunity to review information regarding the scope, duration, and fee of their preferred subscription type on the Platform prior to initiating the subscription. Subscription type, duration, and fee may vary depending on the game, and up-to-date pricing information is available in the relevant application store. The User has the opportunity to review and approve the applicable fee prior to executing the subscription transaction. MB Oyun reserves the right to modify, update, remove, or create new subscription plans based on applicable statutory regulations and its commercial discretion.

Users who purchase subscriptions may benefit from various game-specific advantages. These advantages may include privileges such as increased earnings in in-game currency (e.g., double earnings), unlocking exclusive character, vehicle, equipment, or similar skins in certain categories, providing an ad-free gaming experience by removing mandatory ads, and granting daily in-game currency or rewards. The scope of the offered advantages may vary by game, and MB Oyun reserves the right to amend these advantages.

MB Oyun may apply different pricing within the scope of campaigns, promotions, discounts, or special membership advantages. Such practices are limited strictly to the specified period and conditions and shall not constitute vested rights unless explicitly stated otherwise.

Payment Methods and Collection

Payments regarding subscriptions and in-game purchases shall be processed through the User's relevant mobile application store account (e.g., App Store, Google Play, etc.). Collection transactions are subject to the payment infrastructure and terms of the respective store.

The User hereby declares and warrants that they are authorized to use the account, card, or digital payment method utilized during payment. Maintaining the accuracy and currency of payment information shall be the User's sole responsibility.

In the event that the subscription fee cannot be collected for any reason, the payment transaction is rejected, insufficient funds exist, or the payment method becomes invalid, MB Oyun reserves the right to suspend or terminate the relevant subscription. If the payment failure is not remedied, subscription advantages may be halted.

Automatic Renewal and Billing

Subscriptions are provided on an automatic renewal basis. Upon purchasing a subscription, payment shall be collected through the relevant application store account upon confirmation of purchase. Unless canceled by the User at least 24 hours prior to the expiration of the current subscription period, the subscription shall automatically renew. Upon renewal, the subscription fee shall be charged again to the User's store account. The User accepts that at the end of the chosen plan period, the subscription shall automatically renew for the same duration and, unless canceled, the current subscription fee shall be charged via the registered payment method.

The subscription renewal fee shall be collected from the User's application store account 24 hours prior to the end of the current subscription period. Renewal shall be executed at the standard rate applicable for the relevant subscription plan at that time. Stated prices include taxes (including VAT) required under applicable legislation. Should there be additional expenses such as extra service fees, these matters shall be notified to the User separately and transparently. Stated prices may be valid for specific countries; pricing in different countries may vary, and collections may be made based on amounts converted into local currency. MB Oyun reserves the right to update subscription fees in accordance with market conditions, operating policies, changes in tax rates, or application store policies.

Billing transactions shall be issued electronically by the relevant application store and delivered via the communication channels defined in the User's store account. MB Oyun shall not be liable for technical delays arising from billing processes conducted through application store systems.

Amendments, Cancellation, and Refunds

MB Oyun may announce amendments to subscription terms or prices within the relevant mobile game, on the website, or via electronic notification where necessary. If the User does not cancel their subscription after a price modification takes effect, they shall be deemed to have accepted the updated fee and terms. Reminder notifications regarding the subscription expiration date may be sent; however, failure to send a notification shall not affect the validity of the renewal.

The User may manage subscription and auto-renewal settings through their application store account used for the purchase. Subscription cancellation must likewise be performed solely through the relevant application store account. Cancellation must be completed at least 24 hours prior to the end of the current subscription period. Failure to comply with this timeframe may result in automatic collection by the system.

No cancellations or partial refunds shall be made for the current subscription period while the subscription is active. If a free trial period is offered and the User fails to cancel the subscription before the trial period expires, the applicable subscription fee shall be automatically collected.

Provision of and Access to Digital Content

Subscription benefits, in-game virtual items, and other digital content offered by MB Oyun shall be automatically assigned to the User's game account following successful completion of the payment transaction. Digital content is not subject to physical delivery and is supplied electronically. In the event of delays in content assignment due to technical glitches, application store delays, or internet connection issues, MB Oyun shall provide necessary technical support within a reasonable period to the extent of its capabilities.

In the event that purchased in-game content is not assigned to the account, is defectively assigned, or cannot be used due to technical errors, the User shall be obligated to notify MB Oyun of the situation within a reasonable period via official support channels. MB Oyun shall conduct the necessary technical review and ensure the re-assignment of the relevant content or the provision of an appropriate remedy for claims deemed justified.

Right of Withdrawal

Pursuant to Article 15/1-ğ of the Regulation on Distance Contracts, the User acknowledges that digital content shall be provided immediately following purchase confirmation and therefore understands and accepts that, under applicable legislation, such service falls within the scope of exceptions to the right of withdrawal and that the right of withdrawal cannot be exercised. However, in cases where the digital content is demonstrably defective, unusable, or contrary to legislation, the User's rights arising from Law No. 6502 on the Protection of Consumers are hereby reserved.

Creating a user account may be required in certain games. The User is responsible for ensuring that all information provided during account creation, subscription processes, and throughout the continuation of the service is accurate, current, and complete. The User is solely responsible for maintaining the confidentiality of account information and for all activities conducted through their account. The User shall be solely liable for any delays or losses arising from false or incomplete information, and MB Oyun shall bear no responsibility in such events.

The User is responsible for paying subscription fees, keeping payment information up to date, and ensuring that payment methods remain valid. In the event that payment information is outdated or the payment transaction fails for any reason, MB Oyun reserves the right to suspend the service, suspend the subscription, immediately collect overdue unpaid fees, or unilaterally terminate the Agreement.

The User may use the membership account for personal use only. The User shall not share, transfer, or lease account details with or to third parties. The User is obligated to ensure account security; the User shall be solely responsible for any damages arising from the use of passwords or login credentials by third parties.

The User agrees and covenants not to use the Platform in a manner contrary to law, public morality, and public order; not to utilize cheats, bots, automation software, or any method that impairs the operation of the Platform; not to interfere with source code; not to reverse engineer; not to share unlawful content; not to engage in unfair or deceptive practices; not to manipulate content; not to abuse the service; and not to violate the rights of other users.

In the event that any of the aforementioned prohibited actions are detected, MB Oyun reserves the right to immediately suspend or terminate the User's subscription and to demand compensation for incurred or prospective damages. Furthermore, such actions may give rise to legal and criminal liabilities under the Turkish Penal Code, the Law on Intellectual and Artistic Works, the Law on Protection of Personal Data, and other relevant legislation.

MB Oyun is obligated to provide the mobile games and digital services offered under the Platform in accordance with applicable legislation, the provisions of this Agreement, and the rules of good faith. Subscription benefits, in-game virtual items, and other digital content shall be credited to the User's game account as soon as technically feasible following the successful completion of the payment transaction.

MB Oyun is required to provide the necessary technical infrastructure and implement reasonable security measures to deliver services in a reasonably uninterrupted and orderly manner. Nevertheless, the User acknowledges that temporary service disruptions may occur due to maintenance operations, updates, interruptions caused by third-party service providers (application stores, payment infrastructures, server hosting services, etc.), or force majeure events. MB Oyun shall bear no liability for such occurrences.

MB Oyun reserves the right to perform updates to maintain the technical functionality of mobile games, rectify errors, and enhance the gaming experience. The User is required to install updates necessary for the game to function properly. MB Oyun shall not be held liable for performance issues resulting from the failure to install updates.

Furthermore, MB Oyun shall provide customer support through official communication channels to address user requests for support, technical issues, or information. The User may submit support requests via communication channels specified on the Platform. MB Oyun agrees to evaluate submitted requests within a reasonable period and conduct technical investigations where deemed necessary.

MB Oyun's obligations are limited strictly to the provision of services explicitly specified under this Agreement; MB Oyun assumes no liability for technical issues originating from the User's device, internet connection, or third-party applications.

MB Oyun's mobile games may contain advertisements. By using the Platform, the User agrees that banner ads, interstitial ads, rewarded ads, video ads, or similar digital ad formats may be displayed within the game. Ad display may constitute an integral component of offering the free version of the game.

In certain games, users may optionally watch advertisements to earn in-game rewards. In such cases, ad viewing is completely at the User's discretion. However, games subject to a free usage model may feature mandatory ads displayed by the system. An ad-free experience may only be provided under the applicable subscription plan or in-game purchase, and such scope shall apply solely to ad types explicitly specified by MB Oyun. Content originating from third-party platforms or required to be displayed per application store policies may fall outside this scope.

Ad display and measurement processes may be conducted via third-party ad networks and service providers. In this regard, certain technical data such as device information, advertising identifiers (IDFA/GAID), IP addresses, and in-game interaction data may be shared with relevant third parties in accordance with applicable legislation. These data processing activities are subject to MB Oyun's Privacy Policy and the respective privacy policies of said third parties.

Mobile games may operate integrated with analytics services, error reporting systems, cloud server infrastructures, payment service providers, application stores, and other technical infrastructure providers. Through these third-party services, it may be intended to measure game performance, enhance user experience, detect technical errors, execute payment transactions, and ensure security.

The User acknowledges that third-party service providers are governed by their own terms of use and privacy policies. MB Oyun is not directly liable for the data processing activities or service terms of third parties; however, where data transfers occur, MB Oyun shall exercise due care to ensure a compliant legal basis under applicable legislation.

MB Oyun reserves the right to modify its advertising policies, business partners, and technical integrations from time to time. Such modifications shall be carried out in compliance with applicable legislation and application store rules.

MB Oyun provides all information, content, visuals, designs, software, functions, services, and subscription services offered on the Platform on an "AS IS" and "AS AVAILABLE" basis. Accordingly, MB Oyun makes no representations or warranties of any kind, express or implied, regarding the fitness of the Platform or services for a particular purpose, commercial value, uninterrupted or error-free operation, or non-infringement of third-party rights.

MB Oyun exercises due care to ensure that information, descriptions, visuals, and content on the Platform are accurate, up-to-date, and complete. Nevertheless, the User acknowledges that errors or omissions may exist in the content due to technical glitches occurring in the internet environment, delays in data updates, or typographical or systemic errors, and that MB Oyun assumes no liability therefor.

The Platform and services may be subject to temporary or permanent interruptions from time to time due to maintenance, updates, technical failures, force majeure, or third-party interventions. In such events, MB Oyun does not undertake that the system will operate uninterruptedly and flawlessly at all times. The User acknowledges that they shall not make any claims against MB Oyun due to Platform interruptions or temporary or permanent denial of access.

MB Oyun does not guarantee that data, content, or services provided through the Platform will meet the User's expectations, specific needs, or suitability for a particular purpose. The User acknowledges that they assume all risks arising from the use of the Platform.

The Platform may from time to time contain links redirecting to third-party websites, applications, services, or content. These links are provided solely for convenience, and MB Oyun has no obligation to control, verify, or guarantee such third-party sites. The User acknowledges that accessing said links is at their sole risk and that MB Oyun shall in no event be held responsible for any direct or indirect damages arising from such access.

Furthermore, MB Oyun shall not be held liable under any circumstances for loss of revenue, loss of data, business interruption, damage to commercial reputation, or other indirect damages suffered by the User due to content or products/services obtained while using the Platform.

The User expressly acknowledges and declares that MB Oyun provides the services and the Platform on an "AS IS" basis, that no warranties are given regarding performance, continuity, security, or error-free operation of the services, and that MB Oyun limits its liabilities within the framework of this disclaimer provision.

While MB Oyun exercises due care in delivering services under this Agreement, MB Oyun shall in no event be held liable for delays, disruptions, or impossibility of performance arising from force majeure events. Force majeure events encompass not only natural disasters such as fire, flood, earthquake, storm, landslide, and lightning, but also epidemics, quarantine measures, war, mobilization, civil unrest, terrorist attacks, strikes, lockouts, general internet and telecommunications infrastructure outages, power cuts, decisions, acts, or measures of official authorities, import and export restrictions, embargoes, cyberattacks, logistical obstacles originating from third parties, and other unforeseen events beyond MB Oyun's reasonable control. Under such circumstances, MB Oyun's liability shall be discharged, and the User shall not be entitled to claim any compensation on account thereof.

Apart from the foregoing, MB Oyun bears no liability for circumstances arising from the User's own fault. In this regard, the User shall be solely responsible for damages or delays arising from cases where the User provides false, incomplete, or outdated information, fails to fulfill payment obligations, or provides invalid payment information.

Furthermore, MB Oyun reserves the right to pursue all legal remedies in the event that the User abuses the subscription service, attempts to resell it for commercial purposes, attempts to breach system security, violates third-party rights, or acts in breach of the provisions of this Agreement. In this context, MB Oyun is authorized to suspend the User's account, terminate the Agreement, claim compensation for damages, and resort to legal and judicial authorities where necessary.

MB Oyun's total cumulative liability to the User arising for any reason whatsoever shall in all events be limited to the total amount actually paid by said User to MB Oyun within the last 6 (six) months under the selected subscription type. In this scope, MB Oyun shall under no circumstances be liable for indirect damages, loss of profits, loss of data, loss of reputation, loss of use, or liabilities incurred towards third parties.

All mobile games and content offered by MB Oyun —including software, design, graphics, characters, game mechanics, trademarks, logos, and all other elements—belong to MB Oyun or its licensors. All trademarks, logos, designs, software, visual and textual content, commercial titles, website interface, databases, catalogs, algorithms, subscription system infrastructures, and all other intellectual and industrial property elements belonging to MB Oyun are protected under national and international legal regulations, primarily including Law No. 5846 on Intellectual and Artistic Works, Industrial Property Law No. 6769, and other relevant legislation.

In this context, without obtaining prior express written consent from MB Oyun, the User shall not:

• Copy, reproduce, distribute, modify, or publish the content;
• Attempt to extract source codes through reverse engineering;
• Interfere with the design or operation of the Platform;
• Use the content for commercial purposes or make it available to third parties;
• Use MB Oyun's trademarks, logos, or corporate identity elements for their own commercial activity or personal gain;
• Scan, copy, or process databases for commercial purposes using automated systems (robots, bots, scrapers, etc.).

The User may utilize the content offered on the Platform solely for personal and individual use. Such usage shall in no way be construed as a transfer or licensing of intellectual property rights belonging to MB Oyun.

Any usage to the contrary shall be unlawful, and MB Oyun reserves the right to claim compensation for material and moral damages arising from such violations, to cease and prevent unauthorized use, and to pursue legal and criminal remedies.

MB Oyun may, if deemed necessary to protect its intellectual and industrial rights, issue a warning letter, or immediately suspend or terminate the subscription. In the event of a violation, the User shall be liable for all litigation expenses, attorney fees, and incurred damages.

MB Oyun shall process, store, and protect personal data belonging to the User in compliance with applicable data protection regulations, primarily Law No. 6698 on the Protection of Personal Data ("KVKK"), relevant secondary legislation, decisions of the Personal Data Protection Board, and, where applicable, the European Union General Data Protection Regulation ("GDPR"). MB Oyun is obligated to take necessary technical and administrative measures to ensure the security of personal data.

Personal data belonging to the User is processed for the purpose of carrying out the mobile games and digital services offered within the scope of the Platform. In this regard, personal data may be processed for purposes including, but not limited to, the following:

• Creation, management, and verification of user accounts;
• Establishment, execution, and continuity of subscription services;
• Processing of in-game purchases and payment transactions;
• Provision of technical support and customer services;
• Improvement of game performance, bug detection, and security checks;
• Fulfillment of legal obligations and meeting requests from authorized authorities.

Personal data belonging to the User shall be processed for purposes such as marketing activities, campaign notifications, promotional offers, ad targeting, or profiling strictly upon obtaining explicit consent. The User holds the right to withdraw given explicit consent at any time. Withdrawal of explicit consent shall not affect the lawfulness of processing operations conducted prior to withdrawal.

Personal data may be shared with third parties—such as application stores, payment service providers, technical infrastructure and server hosting providers, analytics and security service providers, and authorized public institutions and organizations—to the extent necessary for achieving the above-stated purposes and in compliance with the conditions stipulated under KVKK. Where cross-border data transfer is involved, requisite legal safeguards shall be established within the scope of Article 9 of KVKK.

MB Oyun implements technical and administrative security measures aligned with national and international standards to protect personal data against unauthorized access, loss, misuse, disclosure, or alteration. Nevertheless, the User acknowledges that data transmission over the internet bears no absolute guarantee of security.

Pursuant to Article 11 of KVKK, the User possesses the following rights:

• To learn whether their personal data is processed;
• To request information if personal data has been processed;
• To learn the purpose of processing personal data and whether they are used in accordance with their purpose;
• To know third parties to whom personal data is transferred domestically or abroad;
• To request correction of personal data in case of incomplete or incorrect processing;
• To request deletion or destruction of personal data within the framework of conditions stipulated under Article 7 of KVKK;
• To request notification of correction, deletion, or destruction operations to third parties to whom personal data has been transferred;
• To object to the occurrence of a result against themselves through analysis of processed data exclusively by automated systems;
• To claim compensation for damages in case of suffering damage due to unlawful processing of personal data.

The User may submit requests within the scope of these rights to MB Oyun at “Reşitpaşa Mah. Katar Cad. Arı Teknokent 2 Binası A Blok No: 4/1 İç Kapı No: 501 Sarıyer / İstanbul” in writing (provided that requests are made in Turkish in accordance with the Communiqué on the Procedures and Principles of Application to the Data Controller), or via [email protected] Registered Electronic Mail (KEP), Secure Electronic Signature, Mobile Signature, or using the e-mail address previously notified to MB Oyun and registered in MB Oyun's system, or through other application methods determined by the Personal Data Protection Board. MB Oyun shall finalize requests within 30 (thirty) days.

Detailed provisions regarding the processing of personal data are set forth in the Privacy Policy published by MB Oyun and the clarification text presented to the data subject. By using the Platform, the User declares that they have read, understood, and agreed to said documents.

MB Oyun reserves the right to unilaterally amend the provisions of this Agreement at any time. Amendments shall enter into force immediately upon publication on the website. In the event of material amendments, MB Oyun may inform the User via registered email address or other communication channels.

If the User continues their subscription after the publication date of amendments, they shall be deemed to have accepted the new terms. The User retains the right to cancel their subscription should they not accept the amendments.

The laws of the Republic of Turkey shall apply to the implementation, interpretation, and operation of this Agreement. Consumer Arbitration Committees and Consumer Courts located in the place of residence of the consumer shall have jurisdiction over disputes that may arise between the parties. In disputes between MB Oyun and Users who do not qualify as consumers, Courts and Execution Offices of Istanbul (Çağlayan) shall have jurisdiction.