Terms and Conditions

By clicking on the accept button, downloading or accessing one of our Games, you accept these Terms of Service (the "Terms"). If you do not accept the Terms, you should stop using the Game and delete the Game from your device.

About us

"Black Cat Studios " or "Black Cat" or "We" or "Us" in the Terms means Black Cat Studios Oyun ve Yazılım A.Ş. (“Black Cat Studios”) a company under laws of Turkey, with registered address at Adatepe Mah. Doğuş Cad. No:207/AG İç Kapı No:1 Buca/İzmir.

Black Cat is a developer and publisher of games and mobile game applications that are made available via any app stores including the Apple Application Store and Google Play Store
collectively, "App Stores" (our "Games").

To use our Game, you must:

Be over 13 years of age (or under 16, if you are located in the European Economic Area (the "EEA") or under 18, if you are located in Brazil). If not, you must not create an account, use any of our Games, or submit personal information in a Game or to Black Cat (for example, your name, address, telephone number, or email address). This prohibition does not apply if, and only if, a Black Cat Studios have an age-gate that collects age information before allowing a user to proceed and that age-gate allows users who identify themselves as under 13 years of age (or under 16 in the EEA or under 18, if you are located in Brazil) to use the Game;

Not have previously been banned from playing any of our Games (unless we have reversed that ban).

Your Privacy

Our Privacy Policy describes how we collect, store, use, and disclose, and otherwise process your personal information when you download or use our Games and your rights and choices concerning your information. When you download or use one of Games, you acknowledge that our Privacy Policy applies. If you do not want Black Cat to collect, store, use, or share your information in the ways described in our Privacy Policy, you must not use download or use our Games.

Additional Terms

In addition to these Terms, your use of the Games may be subject to additional terms, specifically:

- Application Stores

Application stores and platforms may provide their own terms that apply to your relationship with these App Stores and platforms.

- Third-Party Services

We may also engage third party applications (like leader boards, game networks) to provide content through the Game (“Third Party Services”). Where the Game uses these features or content, the applicable third party’s terms and policies apply to those features, including the third party’s privacy policies.

Device and other requirements

The Game requires a smart phone or tablet device on either the iOS or Android operation system. The Game details will specify the minimum amount of memory and the version of the operating system required. Note any updates to the Game may be subject to you downloading the most recent version of your device's operation system or updating other third-party software.

We provide Games. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and App Stores, and for data or cellular usage to download and use the Games.

Ownership and License

Games provided to you are licensed to you and not sold. Black Cat (and its licensors, where applicable) own all rights (including but not limited to copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations), in and to all Games and we reserve all rights (expect as per the limited license here). You have no intellectual property rights in or related to any Game other than the right to use them in accordance with these Terms.

Subject to you complying with these Terms, you may download a copy of the Game to (a) your device and view, use and display the Game on such devices for your personal use, (b) copy for the purpose of downloading, installing and executing the number of copies for which you are authorized by the download site of each Game on a mobile device that you own or control for your use; and (c) receive and use any free supplementary updates to the Game as we may provide to you (the "License").

Restrictions on Use

You agree that you will:

the Game is for your own personal use, you will not use the Game for any other purposes including (i) playing the Game at commercial establishments; (ii) using the Game for any esports or group competitions without Black Cat's consent; (iii) any commercial use of the Game;
not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Game;
not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Games, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
not access any Game in order to build a similar or competitive service or application;
except as expressly stated herein, no part of any Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
comply with all applicable laws, including without limitation export and import regulations that apply to your use of the technology used by the Game.

Acceptable Use Policy

You must not:

upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
transmit any material (including User Content) which is defamatory, false or misleading, threatening, offensive or otherwise objectionable in relation to your use of the Game;
collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers);
disable, overly burden, impair, or otherwise interfere with servers or networks connected to Games (e.g., a denial-of-service attack);
attempt to gain unauthorized access to the Site or Game or servers or networks connected to Games (e.g., through password mining);
not infringe our intellectual property rights or those of any third party in relation to your use of the Game, including by the submission of any material or Use Content;
use the Game in any unlawful manner, or for any unlawful purpose, or in any manner inconsistent with these terms;
interfere with another user’s use and enjoyment of any Game or in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users including harm to minors; or
upload or distribute any material (including User Content) that is considered unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

Limitation of Liability

Black Cat may update or modify the Game to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Game for these reasons. Any future release, update, or other addition to functionality of any Game (including in-app purchases, additional levels, and gameplay enhancements) shall be subject to these Terms unless otherwise provided in terms associated with such addition.

If you choose not to install such updates or opt out of automatic updates, you may not be able to continuing using the Game and Black Cat will not be responsible for any damage to your device or other digital content that could have been avoided by following our advice to update the Game.

Black Cat may suspend or discontinue the Games at any time or any part thereof with or without notice. This will not impact Games you've already downloaded however the Game may no longer be supported, or subject to updates and access to certain services may be removed. If this happens, unless applicable law requires otherwise, Black Cat is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of any subscription or for Virtual Items previously earned or purchased.

To the extent permitted by law, Black Cat may limit, suspend, terminate, modify, or delete Games or your access to a Game or any portion of them; and content or tools within the Game; delay or remove hosted content, and Black Cat is under no obligation to compensate you for any losses or results.

User Content

When you make use of any feature in a Game which allows you to upload, distributes, or otherwise provide content, or make contact with other users ("User Content") you must comply with our

Acceptable Use Policy above.

You are responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Black Cat. Black Cat is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

When you upload or post User Content to a Game, you grant to us the following rights to use that content:

an irrevocable, non-exclusive, royalty-free and fully paid worldwide transferable license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, to display your User Content in any Game and to promote the Game forever;
prepare derivative works of, incorporate into other works, and otherwise use your User Content, to display your User Content in any Game and to promote the Game forever.a non-exclusive, royalty-free and fully paid worldwide transferable license for our partners or other users to use your User Content in accordance with the functionality of the Game with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform,

To the extent permitted by applicable law, Black Cat may disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.

Feedback

If you provide Black Cat any feedback or suggestions ("Feedback") through any medium including on request through a feature or to us directly or via an App Store, Black Cat will treat any Feedback as non-confidential and non-proprietary. Black Cat will be free to use such Feedback on an unrestricted basis, without any compensation to you or any third party.

Monitoring and Enforcement of User Content

A Game may contain User Content provided by other users of the Game. We do not approve or verify any User Content in a Game. We are under no obligation to monitor the Game for inappropriate or illegal User Content. We may choose to review any User Content in our sole discretion. We may remove or modify or refuse to post your User Content at any time for any reason in our sole discretion with or without notice to you.

If we believe your User Content violates these Terms including our Acceptable Use Policy, we have the right to disable your ability to post or upload User Content, and we may terminate your access to the Game.

Term and Termination

These Terms apply (subject to any amendments) for the duration of your download and/or use of the Game.

If you breach these Terms, or any other terms that apply to you, we may take action against you including, among other things, suspending your access to the Game and/or end your rights to use the Game. This includes where you violate the Acceptable Use Policy, or repeated use infringes third-party intellectual property rights without permission. In addition, you may be breaking the law, including breaches or violations of Black Cat or third parties' intellectual property rights. Any attempt by you to disrupt or interfere with a Game, including undermining or manipulating the operation of any Game is a breach of Black Cat Terms, and may violate criminal or civil laws.

If we suspend or end your rights to the Game:

you will no longer be able to access the Game and must delete or remove the Game form your devices;
your in-game progress and any other Game-related data will be deleted. However, any game-related data cannot be restored;
your User Content may also be deleted from our live databases.

Your Responsibilities

You are responsible for any reasonable costs or losses we incur as a result of a claim brought by a third party as a result of: (i) your use of any Game, (ii) your User Content, or (iii) your breach of these Terms. Black Cat will use reasonable efforts to notify you of any such claim upon becoming aware of it.

Payment, Virtual Items and Subscriptions

Unless otherwise specified by a component of the Game, our Games are free to use or download. Some Games may contain features which may allow you to make purchases or subscriptions within the Game.

Payment for Virtual Items and Subscriptions

When you click to purchase a Virtual Item or a subscription, you are requesting us to start supplying the Virtual Item or subscription immediately and start to take payment. Payment will be taken from your App Store account, and the platforms payment terms will apply. Black Cat is not a party to the transaction between you and the App Store.

If you are based in the EU or UK, you acknowledge that by clicking purchase you will no longer have the right to cancel as soon as we start to supply the Virtual Item or the subscription.

Virtual Items

Our Games may allow you to earn, buy, purchase and use virtual items within Games with real cash or which you may redeem via gameplay (“Virtual Items”). You do not legally own these Virtual Items whether you earn them or purchase them, and the amounts of the Virtual Items do not refer to any credit balance of real currency or its equivalent. Black Cat licenses these Virtual Items to you on the limited, personal, non-transferable, non-sublicensable and revocable basis. Any virtual currency in your account does not constitute a real-world balance or reflect any stored value but instead constitutes a

measurement of the extent of your limited license.

We may manage, control, modify or eliminate Virtual Items at any time. Where we intend to make changes or remove Virtual Items will provide you with as much notice as possible via the Game.

To the extent permitted by law, all purchases in the Game and redemptions of Virtual Items made through the Game are final and non-refundable. If your access is terminated, or you delete the Game you will not receive money or other compensation for unused Virtual Items, whether your loss of license under these Terms was voluntary or involuntary. You acknowledge that you are not entitled to a refund or compensation for any unused Virtual Items when you delete your account or the Game.

If you request that your personal data to be erased as specified in Black Cat Games' Privacy Policy, you will permanently and, to the extent permitted by law, without a right to a refund lose all your Virtual Items as Black Cat Games can no longer associate such Virtual Items with you.

Subscriptions

Some parts of our Games may offer subscription services. The subscription provides access to dynamic content or services from within the Game on an ongoing basis. Subscriptions fees and time periods will be specified in the subscription page for the Game.

Your subscription will automatically renew at the start of each billing period unless and until you terminate your subscription, or we terminate it. You may terminate your subscription at any time by accessing your App Store account and turning off the renewal.

To prevent being charged for a new period of subscription fees, you should cancel your subscription at least 24 hours before the expiry of the current subscription billing period.

For subscription services purchased in a Game, the App Store will charge you for the subscription fee and the App Store’s payment terms will apply. Please review the appropriate App Store’s payment terms for additional information.

Cancellation and Refunds

Once you have purchased a subscription, you can manage it including switching off automatic renewal and cancel it directly through your account on the App Stores you purchased from in compliance with the appropriate platform’s payment terms.

You cannot cancel your current subscription if it has already been activated. Except when required by law, paid subscription fees are non-refundable.

Changes to Subscription Fees

Black Cat may modify the subscription fee at any time. We will provide you with reasonable prior notice of any change in subscription fee. If you wish to cancel your subscription based on a price increase, you can do this via your account on the App Store.

Third Parties

Application Stores

You acknowledge that: (i) the availability of the Game is dependent on the third party from which you received Game, e.g., the Apple iPhone or Android stores (“Application Store”), (ii) these Terms are between you and Black Cat and not with the Application Store; and (iii) the Application Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce these Terms.

The Application Store is not responsible for the Game, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement).

Third-Party Services

Black Cat is not responsible for and does not control Third-Party Services. Black Cat provides these Third-Party Services only as a convenience to you. Black Cat has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.

Ads

When you start or stop a Game, it may display an ad. During gameplay, banners, rewarded videos and/or interstitial ads may be displayed.

Release

To the extent permitted by applicable law, you hereby irrevocably and unconditionally release and forever discharge Black Cat (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third-Party Advertisers.

Disclaimers

Games are provided "as is" and as available for your personal use on your device for entertainment purposes.

To the extent permitted by applicable law, black cat (and its suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. black cat (and its suppliers) make no warranty that any game: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

To the extent permitted by applicable law, in no event shall black cat (or its suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms , any game, even if black cat has been advised of the possibility of such damages. access to, and use of, any game are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom. notwithstanding anything to the contrary contained herein, black cat’s liability to you for any damages arising from or related to these terms (for any cause whatsoever and regardless of the form of the action) will at all times be limited to the amount you’ve paid black cat in the prior 12 months (if any). in no event shall black cat’s suppliers have any liability arising out of or in any way connected to these terms.

Some states or countries do not allow the exclusion of certain warranties, or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries. These limitations/exclusions apply fully to New Jersey residents.

These limitations/exclusions to do not apply to users located in the EEA or in Brazil. For those users, if Black Cat fails to comply with these Terms, Black Cat is responsible for loss or damage you suffer that is a foreseeable result of Black Cat’s breach of these Terms or is a result of Black Cat’s negligence, but Black Cat is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Black Cat at the time we entered into these Terms.

Apple App Store Additional Terms and Conditions

The following additional terms and conditions will apply to you if you download a Game from the Apple App Store. To the extent, the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this section 16, the more restrictive or conflicting terms and conditions in this section 16 apply, but solely with respect to Games from the Apple Application Store.

Scope of License

Granted to you for Game is limited to a non-transferable license to use Game on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.

Maintenance and Support

Black Cat is solely responsible for providing any maintenance and support services with respect to Game, as specified in these Terms (if any) or as required under applicable law.

Warranty

Black Cat is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed.

Product Claims

Black Cat and you acknowledge that Black Cat is responsible for addressing any claims of you or any third party relating to Game or your possession and/or use of Game, including, but not limited to: (i) product liability claims; (ii) any claim that Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms does not limit Black Cat’s liability to you beyond what is permitted by applicable law.

Intellectual Property Rights

Black Cat and you acknowledge that, in the event of any third-party claim that Game or your possession and use of Game infringes the third party’s intellectual property rights, Black Cat, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Changes to these Terms

We may need to amend, add to or remove these Terms (or portions of them) to reflect changes in law or best practice or deal with additional features we introduce. The date on which the latest update was made is indicated at the bottom of this document.

Where we make any substantial changes, we will give you reasonable notice by prominently posting notice of the changes on our website or on the Game.

Continued use of our Games following notice of such changes shall indicate your acknowledgment of such changes. If you do not accept the notified changes, you will not be permitted to continue to use the Game and you should delete the Game.

Unless we state otherwise, changes are effective when posted. We recommend that you print a copy of these Terms for your reference and revisit this webpage from time to time to ensure you are aware of any changes.

Third Party Rights

Subject to any Application Stores rights under section 16, no other third parties have any rights to enforce these Terms under applicable laws.

Severability

If any provision of these Terms is, for any reason, held to be unlawful or unenforceable, the other provisions of these Terms will remain in full force and effect.

Entire Agreement

These Terms make up the entire agreement between you and us relating to the subject matter of these Terms (including all Games) and supersedes all prior discussions and agreements
between you and us.

Even if we fail to or delay exercising or enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Transferring Rights

You may not transfer the Game (or any Virtual Items) to someone else, whether for money, for anything else or for free. If you sell any device on which the Game is installed, you must remove the Game from it. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

Black Cat may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens.

Laws that apply to these Terms

These Terms are governed by English law and you can bring legal proceedings under these Terms in the English courts. If you live anywhere other than England, all legal proceedings must be brought in a court of competent jurisdiction where you live.

Contacting Us and Support

Disputes: If a dispute arises between you and Black Cat, Black Cat encourages you to first contact Black Cat directly to seek a resolution by opening a help ticket directly in-game via the help section or using the contact details below.

If you have any questions regarding these Terms, please contact us using the contact details below.

Black Cat Games
Turkey
info@blackcatstudios.co