Effective Date: March 1st, 2025
 

We are Cypher Games Yazılım Pazarlama Anonim Şirketi (the “Company”), a company incorporated under the laws of Republic of Türkiye and registered at Istanbul Trade Registry with the registration number 377894-5; (collectively, “we”, “us”, “our”, “Cypher”). These terms of services (the “Terms”) apply to your access to and use of (i) the games and any additional games which will be made available by Cypher (the “Games”) (ii) the web pages, websites, and social media pages made available by Cypher in connection with the Games (the “Sites”), (iii) the software made available by Cypher in connection with the Games (the “Apps”), and (iv) the online services, programs, and offers accessible through the Games, Sites, and Apps (collectively, the “Services”). By signing up for or opening an account or downloading or using the Games or Services of Cypher, you acknowledge that you have read, understood and agree to be bound by these Terms, along with any additional documents or terms referenced herein. You also commit to being legally bound by the terms and conditions set forth in the Terms and such referrals.

 

PLEASE READ THESE TERMS CAREFULLY TO MAKE SURE YOU UNDERSTAND THEM BEFORE USING OR ACCESSING OUR SERVICES. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND DISCLAIMER. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

BY OPENING AN ACCOUNT, DOWNLOADING, OR USING ANY SERVICES PROVIDED BY CYPHER, YOU AGREE AND DECLARE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED ALL THE TERMS AND CONDITIONS STIPULATED IN THE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL BE ENTITLED TO ENFORCE ANY PROVISION, RIGHT OR REMEDY OF THESE TERMS AT OUR SOLE DISCRETION. CHOOSING NOT TO ENFORCE CERTAIN PROVISIONS, RIGHTS OR REMEDIES IN SOME INSTANCES DOES NOT MEAN THAT WE WAIVE OUR RIGHT TO ENFORCE THESE TERMS IN OTHER INSTANCES.

THE GAMES DO NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL-WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF MONEY’S WORTH CAN BE WON PLAYING THE GAMES, AND NO ACTUAL MONEY IS REQUIRED TO PLAY, EVEN THOUGH THE GAMES MAY OFFER THE OPPORTUNITY TO PURCHASE VIRTUAL ITEMS AS DESCRIBED IN SECTION 7.
 

1. TERMS AND BINDING EFFECT
   1.1. Effective Date: The Terms will take effect on the date that you accept, agree or sign, or if earlier, on the date when we first provide you with Services.
   1.2. The Terms constitute a legal agreement between Cypher and you. Depending on your country of residence or nationality, you may not be able to use all the functions of the Services provided by us. It is your responsibility to follow the rules and laws in your country of residence or depends on the citizenship and/or country from which you access our services. To avoid any doubt, the ability to access our Services does not necessarily mean that our services are legal under the laws or directives relevant to your country of residence and/or citizenship.
   1.3. Modifications: We may update the Terms from time to time in our sole discretion. We have the right to modify these Terms by publishing such modified Terms on our website at https://www.cyphergames.com/en/terms. Cypher may periodically modify or discontinue the Terms and any other information, and any such modifications will be effective immediately upon posting. If you continue to use our Services after we have published the modified Terms, you shall be deemed to agree to the modified Terms as of their effective date, unless applicable laws require that we obtain your agreement in another manner. We suggest that you periodically review the terms and information on the sites. If you do not agree to any changes to the terms or information or document listed, you must stop using Services immediately. If you terminate your use of the Services without any charge being payable to us (but you remain liable for any unpaid amounts due and payable).
   1.4. Certain services, promotions, software or content that we offer may be subject to additional terms and conditions or other agreements (“Supplementary Terms”) specified by us from time to time. In the event of a conflict between the Supplementary Terms and any provision in these Terms, the Supplementary Terms will prevail.
   1.5. These Terms constitute the entire and only agreement between us and you relating to the subject matter of these Terms and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Services. If you breach these Terms, we may take action against you, including suspending or terminating your access to our Services. The use of the word “include” and its inflections in these Terms are to be read to mean that what follows are examples and not an exhaustive list of what is included.
   1.6. The Terms and any other documents forming our agreement, and all information, statements and notifications will be in English. If there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent of the difference and to the extent permitted by applicable law).
    

2. PRIVACY
   2.1. Cypher will use and maintain information provided by you in accordance with our Privacy Notice. This policy explains how Cypher treats your personal information, and protects your privacy, when you use our Services. You agree to the use of your data in accordance with Cypher’s privacy policies.
   2.2. You may terminate your account at any time by following the procedures provided in the Services. Upon termination, Cypher will remove all personal data associated with your account from our active systems, subject to any legal or regulatory obligations that may require us to retain certain information.
    

3. AGE OF USERS
   3.1. Minimum Age: Children 12 and under are not allowed to user our Services.
   3.2. If you are above the age of 12 and are under the age of 18 (or the age of legal majority in your country of residence), you may only use our Services under the supervision of a parent or legal guardian who also agrees to be bound by these Terms. If you are a parent or legal guardian of a minor, you are fully responsible at all times for the minor’s use of the Services (including for any in-app purchases and payments made in connection with the use of the Services). If your child is below 12 years of age or otherwise not ready to use the Services as determined by you, you must not permit them to access the Services. You are responsible for the activities of your child when they use the Games, and for their compliance with these Terms. You are responsible for ensuring your child understands these Terms and ensuring they understand how to behave and interact with others when using the Services.
   3.3. You covenant, represent and warrant that you are at least 18 years of age (or the age of legal majority) and that you are otherwise able to bind yourself in connection with the terms. We may terminate your access to our Services immediately without notice to you if we determine or suspect that you do not meet the age requirements.
    

4. ACCOUNTS AND SECURITY
   4.1. You must provide accurate, complete, and current information when registering for an account and update such information as necessary. Cypher reserves the right to determine whether to accept your registration.
   4.2. You are responsible for safeguarding your account credentials. Notify us immediately of any unauthorized access. You agree not to share or use another’s account. You’re responsible for all activities that occur under your account, including, without limitation, all purchase transactions. You agree that you will not solicit, collect, or use the login credentials of other users. Cypher assumes no liability for any loss or damage arising from the use of the Services by you or any third party with or without your authorization.
   4.3. Failure to maintain accurate account information or any breach of these Terms may result in immediate suspension or termination of your account.
   4.4. By registering for an Account and using the Services, you represent and warrant that all information you provide is true, accurate, current, and complete. You further represent that you have the legal capacity and authority to enter into these Terms and to abide by all of their provisions.
    

5. USER CONTENT AND CONDUCT
   5.1. Our Services may allow you and other users to create, post, store, or share content, including reviews, messages, text, graphics, photos, videos, and other materials or data (collectively, “User Content”). Depending on your account settings, your User Content and any associated information (such as your user ID number, name, and profile picture) may be visible to others. You are solely responsible for the User Content you provide and the consequences of sharing it.
   5.2. You agree not to engage in any conduct that (i) infringes on the intellectual property or other rights of third parties; (ii) is unlawful, misleading, or fraudulent; (iii) is abusive, obscene, or offensive; or (iv) interferes with the operation of the Services. See Section 6 below for a complete list of prohibited activities.
   5.3. While we do not monitor every piece of User Content, we reserve the right to remove or disable access to any content that we determine in our sole discretion violates these Terms.
   5.4. Any feedback, suggestions, ideas, or other input you provide regarding the Services (“Feedback”) shall be deemed non-confidential and become the exclusive property of Cypher. By providing Feedback, you grant Cypher a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without any obligation of compensation to you.
    

6. YOUR OBLIGATIONS
   6.1. You agree not to do any of the following:

a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) contains any private or personal information of a third party without the third party’s consent;

b) Create multiple accounts or impersonate others;

c) Use, display, mirror, extract, scrape, copy, index or frame the Services (including any content made available by us therein) or any individual element within the Services, Cypher’s name, any Cypher’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Cypher’s express written consent;

d) Exploit, share, or promote information about game errors, glitches, bugs, or technical issues that could provide an unintended advantage, such as repeatedly accessing one-time promotions;

e) Create or use cheats, exploits, “mods”, hacks, software, bots, or any unauthorized third party software designed to modify or interfere with our Services or anyone’s experience using our Service;

f) Use any payment card in relation to our Services without the cardholder’s authorization;

g) Access, tamper with, or use non-public areas of the Services, Cypher’s computer systems, or the technical delivery systems of Cypher’s providers;

h) Attempt to probe, scan or test the vulnerability of any Cypher system or network or breach any security or authentication measures;

i) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Cypher or any of Cypher’s providers or any other third party (including another user) to protect the Services;

j) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Cypher or other generally available third party web browsers;

k) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

l) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

m) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

n) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

o) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

p) Impersonate or misrepresent your affiliation with any person or entity;

q) Violate any applicable law or regulation; or

r) Encourage or enable any other individual to do any of the foregoing.

6.2. Cypher is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. You are solely responsible for your interactions with other users of the Services and Cypher bears no responsibility for your interactions with other users of the Services. Further, Cypher is not party to any disputes between you and other users.
6.3. You agree to comply with all applicable local, national, and international laws, regulations, and guidelines in connection with your use of the Services. Your use of the Services must not violate any legal requirement that applies to you.
 

7. VIRTUAL ITEMS

7.1. Within the Services, you may be granted access to in-Game currency including virtual credits, coins, points, credits, bonuses, and chips (collectively, “Credits”) and other virtual in-Game items or collections (together with the Credits, “Virtual Items”). The Virtual Items are part of the Services and are licensed to you under these Terms. These items are licensed to you in line with Section 8.2 solely for use within the Games and have no real-world monetary value. Access to Virtual Items is only provided through the Services. For example:

7.1.1. You may be granted a license to Virtual Items because of gameplay or promotional activities (e.g., being awarded a certain number of Credits at recurring time intervals); or

7.1.2. You may be given the opportunity to purchase a license to Virtual Items.

7.1.3. Because Virtual Items are part of the Services, you are permitted to use Virtual Items under the license we give you under Section 8.2, subject to the limitations applicable to your use of the Services, as stated in Section 6 and elsewhere in these Terms. Virtual Items can only be used for the specific Game you acquired it on and subject to the rules for that Game, unless we say otherwise. You don’t own Virtual Items and have no rights in Virtual Items other than the license granted by these Terms. To the fullest extent permitted by applicable law, we reserve all rights, title, and interest in and to the Virtual Items. Virtual Items are not prepaid payment instruments and do not have an equivalent “real world” money value. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Cypher or any other party. In addition:

7.2. Prices and availability of Virtual Items are subject to change without notice, and we reserve the right to refuse your request to purchase or acquire Virtual Items for any reason. In addition, the features, content, and capabilities of Virtual Items are subject to change at any time, with or without notice to you, and with no liability of any kind to you.

7.3. As a reminder, you are prohibited under this Section 7 from transferring, selling, reselling, trading, lending, or gifting Virtual Items other than as specifically permitted by the Services. This means, for example, that you may not trade, buy, or sell Virtual Items on any other platform or e-commerce website. We are not liable for any claims or damages related to any unauthorized transactions relating to Virtual Items.

7.4. Transactions for Virtual Items are processed through third-party Platform Providers (as defined in Section 9.3). Any refunds or disputes for purchases made via a Platform Provider must be handled directly with such Platform Providers and in accordance with their respective policies.
 

8. INTELLECTUAL PROPERTY

8.1. Cypher and all content on Services are protected by copyright and/or other intellectual property laws and any unauthorized use of such intellectual property or information or Services may violate such laws related to their protection. Except as expressly provided herein, Cypher does not grant any express or implied right or license of any kind to you under any patents, copyrights, trademarks or trade secret information with respect to such intellectual property and/or information and/or Services. Services (including, for the avoidance of doubt, all materials and contents located therein (including any games, applications, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, Virtual Items, videos, audio, photos, advertising, images, text, designs, user profiles, gameplay mechanics, features, visual interfaces, server software, metadata and other materials), logos, trademarks, service marks, domain names, trade names, designs, the source and object codes, and the format, directories, queries, algorithms, structure and organization of Services) are proprietary to Cypher, and all intellectual property rights associated therewith, whether registered or not, are protected by law, and owned by or licensed to Cypher.

8.2. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own personal, non-commercial, entertainment purposes. Any use of the Services other than as specifically authorized in these Terms is strictly prohibited and will terminate this license.

8.3. Any breach of intellectual property rights may result in immediate termination of your access to the Services and may subject you to civil, criminal, or injunctive remedies. We reserve the right to pursue legal action, including seeking damages, attorneys’ fees, and other remedies as permitted by law. Additionally, we may report any violations to the relevant authorities.
 

9. PAYMENT

9.1. Depending on your country of residence and at all times in accordance with applicable laws, the prices displayed in the Services may be inclusive or exclusive of applicable taxes (as the case may be). In any event, taxes will be itemized on the checkout page, and you will have an opportunity to review such taxes before you confirm your purchase. All prices are subject to change at any time without notice.

9.2. Transactions completed through a third party’s platform, like the Apple App Store or Google Play Store or on a website or application such as facebook.com (each a “Platform Provider”), may also be subject to additional terms, conditions, and policies (including terms of service or privacy policies of the Platform Provider). Any agreements you enter with a Platform Provider regarding a transaction is between you and the Platform Provider. We are not a party to any agreement you enter with a Platform Provider.

9.3. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when the charges are incurred, including all taxes applicable to your transactions. If legal action is necessary to collect on balances due, you will reimburse us and our vendors and agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

9.4. We reserve the right to not process or reject your order in certain circumstances, for example, if your payment method is declined, if we suspect the request or order is fraudulent, or in other circumstances Cypher deems appropriate in its sole discretion. We may also limit the Virtual Items quantity, extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship a Virtual Items to you for any reason.

9.5. You agree to pay Cypher the fees specified in Services. Cypher may, at its sole and absolute discretion, update the fees at any time.

9.6. All transaction fees are non-refundable to the fullest extent permitted under applicable law. If you are charged for transactions that were not initiated by your account, if you did not receive the Virtual Items that you paid for, or you were charged an incorrect amount, you may request a refund or correction from Cypher through contact@cyphergames.com e-mail address for any transactions that were completed directly with us. For transactions completed through a Platform Provider, the Platform Provider is responsible for any refunds, and its refund policies will apply.

9.7. IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR PAYMENTS YOU MAY HAVE MADE FOR LIMITED ACCESS TO VIRTUAL ITEMS THAT YOU HAVE NOT USED IF OUR SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE, OR IF WE SUSPEND OR TERMINATE YOUR ACCESS TO OUR SERVICES.
 

10. CHANCE BASED FEATURES AND GAMEPLAY MECHANICS

10.1. The dice rolling mechanic and similar features rely on a pseudo-random number generator to determine outcomes solely for entertainment purposes. No real currency or items of real-world value are wagered, staked, or won through these mechanics. Furthermore, Cypher does not sell any dice or other luck-based elements. These features are entirely virtual and can only be obtained by successfully completing levels or participating in designated in-game events.

10.2. To optimize user experience, at Cypher’s discretion, the Games may employ dynamic algorithmic adjustments to enhance user gameplay.

10.3. The Games do not offer real money gambling or provide an opportunity to win real-world money or prizes. All chance-based and dynamic features are intended for entertainment only. By using our Services, you agree that these elements do not constitute gambling and that no real-world financial benefit can be derived from them.
 

11. REPEAT INFRINGER POLICY, CONTENT COMPLAINTS

11.1. We have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that any content on our Services infringe any copyright that you own or control, or violates the Infractions Terms you may notify us using the contact details below:​​

Cypher Games Yazilim Pazarlama AS​​​

Ayazaga Mah. Kemerburgaz Cad. Bilisim Vadisi No:7B/49 Sariyer/Istanbul/Turkiye​​
contact@cyphergames.com
​

12. INDEMNIFICATION

12.1. You agree to indemnify and hold harmless Cypher, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to: i) your use of Services; ii) breach of the Terms or any other policy; iii) feedback or submissions you provide; iv) false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; v) violation of any rights of any other person or entity; or vi) any content, including User Content, you provide, upload, or transmit via the Games.

12.2. Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein. Nothing in the Terms excludes or limits liability which may not be limited or excluded under applicable law.
 

13. LIMITATION OF LIABILITY

13.1. Because the laws of the European Economic Area (“EEA”), United Kingdom and Switzerland (collectively, “EEA+”) are different from some other laws, these Terms include one subsection that applies only if you are located in the EEA+ (Subsection 13(A) below) and one subsection that applies only if you are located outside the EEA+ (Subsection 13(B)).

13.2. A) If you are located in the EEA+

13.2.1. This Subsection 13(A) only applies if you are located in the EEA+.

13.2.2. Provided that we have acted with professional diligence, we do not take responsibility for loss or damage, unless it is: (i) caused by our breach of these Terms; or (ii) reasonably foreseeable at the time of entering into these Terms (i.e. it is obvious that it will happen or, at the time that you and we entered into this contract, it is known that it might happen). Nothing in these Terms is intended to exclude or limit our liability for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law.

13.2.3. If we suspect that you have breached these Terms, we may investigate. While we do so, we may suspend your access to our Services, acting reasonably and objectively depending on the seriousness of the suspected breach and only to the extent permitted by applicable law and in accordance with any legal obligations. We might then decide to temporarily suspend or permanently terminate your access to our Services if: (i) we determine, acting reasonably and objectively, and in accordance with applicable law, that you are in material or repeated breach of these Terms; (ii) we have objective grounds to reasonably believe that you are about to seriously breach these Terms; (iii) we are legally required to do so; or (iv) we have objective grounds to reasonably believe that it is required in response to dealing with a serious technical or security issue. If you think we have made a mistake in suspending or terminating your access to our Services, you can appeal our decision by notifying us at the postal address at Section 11 and we will review our decision and decide again.

13.3. If you are a resident in a country in the EEA:

13.3.1. you have a statutory right to withdraw from these Terms within 14 days of entering into them; and

13.3.2. our Services may be covered by the statutory warranty of conformity pursuant to the Directive EU/770/2019, as implemented in the country in which you reside, for the entire duration in which we provide our Services to you. We will regularly inform you of and provide software updates, including security updates, that are necessary to keep our Services in conformity with these Terms or any applicable laws. We strongly recommend that you immediately implement any update we provide. Failure to do so may affect the full operation of our Services. In the event you identify or experience any non-conformity, please notify us at the postal address at Section 11. We will review your complaint of non-conformity and do our best to bring our Services back into conformity within a reasonable time from the time you informed us about the lack of conformity, free of charge. If we are unable to bring our Services into conformity within a reasonable time, we will inform you and you will be free to decide to terminate these Terms and suspend any use of our Services.

13.4. B) If you are located outside of the EEA+:

13.4.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CYPHER NOR ITS AFFILIATES, OFFICERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES, even if advised of the possibility of such damages. In no event shall our total liability exceed the amounts paid by you for the Services in the preceding 12 months, or USD 100 if no fees have been paid.

13.4.2. Nothing in these Terms shall (i) limit or exclude any rights that you may have under applicable consumer protection laws in the United States, United Kingdom, or other jurisdictions where such rights are non-waivable or (ii) exclude or restrict any liability resulting from our gross negligence or willful misconduct, or any liability that cannot be excluded by law.
 

14. DISCLAIMER

14.1. Your use of our Services and any content or materials provided in or with our Services is at your sole risk. Except as otherwise provided in these Terms and to the fullest extent permitted under applicable law:

a) our Services and any content or materials provided in or with our Services are provided “as is” and “as available” without warranties of any kind, either express or implied; and
​b) Cypher disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

14.2. We do not make any representations or warranties that access to the services shall be continuous, uninterrupted, timely, or error-free.

14.3. Cypher does not guarantee, representation, or warranty that the Games will not cause any damage to your devices or operating systems. You assume the entire risk as to the quality and performance of the Services and any content provided in or with our Services.

14.4. Cypher does not endorse or encourage gambling in any form. While the Game may feature elements such as dice, spinning wheel or roulette, these features are intended for entertainment purposes only and do not constitute a form of gambling or wagering. Participation in such activities within the Game is not intended to provide any real-world financial gain or loss. You should not interpret or engage in these features as a means to gamble, nor should they assume that playing the Game will lead to any form of monetary reward or financial benefit. By using the Services, you acknowledge and agree that the Company does not promote or support gambling behavior, and you are solely responsible for your own actions while playing. You further acknowledge that you are playing the Game is based on your own free will and you are voluntarily choosing to engage with its features.
 

15. CONFIDENTIALITY

15.1. Confidential Information refers to all analyses, software, financial data and legal written or oral information, including but not limited to the business, projects, operations, copyright, patents, trade secrets, any kind of improvement idea, invention, innovation, database created, computer programs and their documentation, encryption techniques, processes, advertising and marketing plans, product plans, technical plans, business strategies, strategic alliances, and information regarding partners, engineering data, Game designs, specifications, and any other written, graphic, or machine-readable information disclosed to you regardless of whether it is disclosed or not, obtained directly or indirectly from Cypher.

15.2. You undertake to keep and treat as strictly confidential and proprietary any and all kinds of Confidential Information related to the subject of the Services and not to disclose them to any person or entity.

16. GOVERNING LAW AND JUDICIAL FORUM

16.1. These Terms and any action related thereto will be governed by the substantive laws of the Republic of Türkiye without reference to its conflict of laws rules. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Cypher are not required to arbitrate will be Istanbul Central (Çağlayan) courts and executive directorates, and you and Cypher each waive any objection to jurisdiction and venue in such courts.
 

17. DISPUTE RESOLUTION AND AGREEMENT TO ABITRATE

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND CYPHER TO ARBITRATE MOST DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND CYPHER CAN SEEK RELIEF FROM EACH OTHER. THIS AGREEMENT TO ARBITRATE PRECLUDES YOU AND CYPHER FROM SUING IN COURT OR HAVING A JURY TRIAL INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO THE DISPUTES YOU MAY HAVE WITH US AND ANY RELATED PARTIES.

YOU ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THE DISPUTES ARISING FROM THIS TERMS AND ARE NOT INTENDED TO DELAY ADJUDICATION OF YOUR CLAIMS.

IF YOUR COUNTRY OF RESIDENCE IS THE UNITED KINGDOM OR IN THE EUROPEAN ECONOMIC AREA, NO PROVISION IN THIS SECTION 17 WILL EXCLUDE OR RESTRICT ANY OF YOUR STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER BASED ON THE APPLICABLE LAWS OF YOUR COUNTRY OF RESIDENCE.

17.1. By agreeing to these Terms, you and Cypher agree that any and all past, present, and future disputes, claims, or causes of action between you and Cypher (including any non-contractual disputes, claims or causes of action) that arise out of or relate to these Terms, the Services, the formation of these Terms, or any other dispute between you and Cypher or any of Cypher’s licensors, distributors, suppliers, or agents, and whether arising prior to or after your agreement to this Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and Cypher further agree that, no Disputes will be permitted to proceed, whether in court or in arbitration, as a class, group, mass, or representative action.

17.2. Informal Dispute Resolution

17.2.1. If you have a Dispute with Cypher or if Cypher has a Dispute against you, you and Cypher will first attempt to resolve the Dispute informally in order to try and resolve the Dispute faster and reduce costs for both parties. You and Cypher will make a good-faith effort to negotiate the resolution of any Dispute for 60 days, or any longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party (a “Dispute Notice”) in accordance with these Terms.

17.2.2. You will send any Dispute Notice to Cypher at contact@cyphergames.com. Cypher will send any Dispute Notice to you using the contact information you have provided to Cypher. The Dispute Notice sent by either party must: (i) include the party’s name, mailing address, email address, and phone number (in your case, those associated with your account), (ii) provide a reasonably detailed description of the factual and legal basis for the Dispute, and (iii) describe the specific relief sought, including an accurate and good-faith calculation of the amount of damages or other compensation (if any) the party is seeking, as well as a description of any other remedies or relief the party is seeking or intends to seek absent a negotiated resolution of the Dispute. A Dispute Notice is only valid if it pertains to and is on behalf of the complaining party individually; a Dispute Notice brought on behalf of multiple parties is not valid.

17.2.3. The Informal Resolution Period is designed to allow the party who has received a Dispute Notice to make a fair, fact-based offer of settlement if it chooses to do so. You and Cypher therefore agree that neither party will demand or attempt to commence arbitration or litigation (where permitted under these Terms) against the other party before the end of the Informal Resolution Period. Both parties will attempt to personally meet and confer, via telephone or videoconference, with each other during the Informal Resolution Period in a good-faith effort to resolve informally any Dispute. If a party is represented by counsel, that party’s counsel may participate in the conference, but the parties themselves must also fully participate in the conference. If a Dispute is not resolved during the Informal Resolution Period, you or Cypher may initiate an arbitration proceeding or (where permitted under these Terms) file a claim in court as described below. A party’s failure to satisfy the condition precedent of a Dispute Notice and waiting until the end of the Informal Resolution Period entitles the opposing party to seek immediate dismissal of the arbitration or (where permitted under these Terms) litigation and the right to seek reimbursement of its costs. The amount of any settlement offer made by any party during the Informal Resolution Period may not be disclosed to the arbitrator or court until after the arbitrator or court has determined the amount of the award, if any, to which either party is entitled.

17.3. Agreement to Arbitrate

17.3.1. By agreeing to these Terms, you and Cypher agree to resolve any Disputes not resolved during an Informal Resolution Period through final and binding arbitration as discussed below, except as otherwise required by applicable law or as set forth under Section 17.4 and 17.6 of this Section 17.

17.4. Opt Out of Agreement to Arbitrate

17.4.1. You may decline this agreement to arbitrate by sending an opt-out notice to contact@cyphergames.com within 30 days of first accepting these Terms. To be effective, your opt-out notice must be in writing and state that you (including your first and last name) decline this arbitration agreement, and you must personally hand-sign and date your notice. You can attach the notice to your email as a pdf, photograph or by any other means that clearly displays the required information and demonstrates that you have complied with these requirements. By opting out of the agreement to arbitrate, you will not be precluded from using the Services and neither you nor Cypher will be required to arbitrate Disputes. For avoidance of doubt, if you exercise your right to opt out of the agreement to arbitrate, those limitations and restrictions applicable to litigation will continue to apply to both you and Cypher. In addition, if you opt out of this agreement to arbitrate and at the time of your receipt of these Terms you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of or access to the Service, that existing arbitration agreement (but not the remainder of those prior Terms) will remain in full force and effect. In other words, if you are bound by an agreement to arbitrate at the time you opt out of this one, that prior agreement to arbitrate will continue to apply to you. The remainder of these Terms shall supersede the prior version.

17.5. Arbitration Procedures and Fees

17.5.1. You and Cypher agree that the Istanbul Arbitration Centre (“IAC”) will administer the arbitration, which will be conducted in accordance with its rules in effect at the time arbitration is sought. You agree that this agreement to arbitrate constitutes an international arbitration agreement, the subject matter of which relates to more than one jurisdiction in accordance with Article 3 of the International Commercial Arbitration Law. The IAC rules are available at www.istac.org.tr. The place of the arbitration shall be Istanbul, Türkiye or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The language of the arbitration will be English, and the number of the arbitrators shall be three (3). You and Cypher both will appoint an arbitrator. The third arbitrator, who will be the president of the arbitral tribunal, will be nominated by the co-arbitrators. In the event that the co-arbitrators fail to nominate the third arbitrator, the IAC Board of Arbitration will appoint the third arbitrator. The IAC rules will govern payment of all arbitration fees.

17.5.2. You and Cypher both agree that (A) the arbitrators will be bound by these Terms, (B) the arbitrators will have exclusive authority to determine questions of arbitrability, and (C) that all arbitration proceedings and resulting awards conducted pursuant to Section 17 will be confidential. Any such award may not be disclosed to third parties other than to a party’s legal, accounting, or financial advisors (each of whom will be subject to that same confidentiality obligation) except (i) by either party in support of its pursuit or defense of its legal rights or obligations in another litigation or arbitration (whether involving the same or different parties), (ii) to the extent disclosed in connection with a petition or motion to confirm, enforce, or recognize the award, or (iii) otherwise as required or permitted by applicable law.

17.5.3. To the maximum extent permitted by applicable, neither you nor Cypher are entitled: to consolidate, join, or coordinate disputes by or against other individuals or entities; to participate in any collective, group, class, or mass arbitration or litigation of disputes; to arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class; to litigate or arbitrate a dispute in a private attorney general capacity; or otherwise to seek recovery of losses or damages (whether for yourself or others) incurred by a third party. In connection with any Dispute, any and all such rights are hereby expressly and unconditionally waived. Any challenge to the validity or enforceability of this Section 17.5.3 will be determined exclusively by the arbitrators.

17.6. Exceptions to Agreement to Arbitrate

17.6.1. Notwithstanding your and Cypher’s agreement to arbitrate Disputes:

17.6.1.1. (i) if you are located in the EEA+, either you or Cypher may alternatively assert claims, if they qualify, through the relevant claims track in the courts of your Country of Residence. If your Country of Residence is in the European Economic Area, you may also use the Online Dispute Resolution platform offered by the European Commission https://ec.europa.eu/consumers/odr/. Please note that Cypher will not be required to use this or any other alternative dispute resolution platform; and

17.6.2. (ii) if you are not located in the EEA+, either you or Cypher may also assert claims, if they qualify, through the small claims court in Istanbul, Türkiye, or if a court in your Country of Residence would not recognize such a requirement, then in a small claims court or the equivalent in your Country of Residence.
 

18. TERMINATION

18.1. The rights granted to you herein terminate immediately upon any violation by you of the Terms or any other agreements. Cypher, in its sole discretion, reserves the right to suspend your access temporarily or permanently to and use of Services at any time and for any reason whatsoever, without notice or liability. Cypher will not be liable to you or any third party for any termination of your access to or use of Services.
 

19. LINKS TO THE THIRD-PARTY SERVICES AND CONTENTS

19.1. Cypher does not claim or represent relating to, nor does Cypher accept any responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Games, or sites linking to the Games. The linked sites are not under the control of Cypher and Cypher shall not be responsible for the content of any linked site, or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Cypher of a linked site or any information contained therein. When leaving the Game for another site, you should be aware that the Terms no longer govern, and your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of third-party content is at your own risk.
 

20. MISCELLANEOUS

20.1. Force Majeure: If by reason in whole or in part of any Force Majeure Event, either you or Cypher is delayed or prevented from complying with the Terms and any other policies, then such delay or non-compliance shall not be deemed to be a breach of the Terms and no loss or damage shall be claimed by you or Cypher by reason thereof. “Force Majeure Event” means any event beyond the Parties’ reasonable control, including, but not limited to, pandemic, flood, extraordinary weather conditions, earthquake, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.

20.2. Responsible Gaming. While we want you to have a fun, exciting, and entertaining experience while using the Services, it is your responsibility to exercise control over your playtime, spending, and purchases on the Services.

20.3. Beta Features. From time to time, we may introduce features that are in beta or testing phases. Such features are provided “as is” without any warranty, and their functionality may change without notice.

20.4. Severability: In the event that any provision of the Terms is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of the Terms is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of the Terms will, where possible, be interpreted so as to sustain its legality and enforceability.

20.5. Assignment: The Terms shall be binding on your successors, heirs, personal representatives, and assigns. You may not assign or transfer any of your rights or obligations under the Terms and other policies, without prior written consent of Cypher, which may be withheld in Cypher’s sole discretion. We may assign rights or delegate duties under the Terms in our sole discretion.

20.6. Waiver: The failure of one party to require performance of any provision will not affect that Party's right to require performance at any time thereafter. At the same time, the waiver of one Party to seek recovery for the other Party’s violation of the Terms or any provision of applicable terms shall not constitute a waiver by that Party of any subsequent breach or violation by the other Party or of the provision itself.

20.7. Evidence: All kinds of books, evidences, documents, invoices, transaction receipts, communication, notices, reports, fax messages, records of internet transactions, records of electronic transaction Services, voice records, video records and similar records relating to all kinds of orders and instructions, all kinds of electronic environment and through similar channels, and belong to Cypher shall be considered as exclusive evidence. Voice records, by phone or by other communication means including but not limited to those received by phone, internet, interactive system, in all kinds of electronic environments and so forth, shall also be considered as exclusive and conclusive evidence. You agree, represent, and undertake that all kinds of communication by phone, internet, interactive system shall be recorded. We shall be liable to deliver said voice records to related legal and administrative authorities when demanded. By signing the Terms, you shall not raise any objection by any means and that no fault may be attributed to Cypher in this regard and that records may be used as evidence at courts.

20.8. Relationship of the Parties: Nothing in the Terms is intended to, nor shall create any partnership, joint venture, agency, consultancy, or trusteeship. You and Cypher are independent contractors for purposes of the Terms.

20.9. Electronic Notices: You hereby consent by approving the Terms to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that Cypher provides in connection with the Terms, Services. It is your responsibility to keep your email address and/or mobile phone number on file with Cypher up to date so that Cypher can communicate with you electronically. You agree that Cypher may provide these Communications to you by posting them via the services, by emailing them to you at the email address you provide. You accept and acknowledge that if Cypher sends you a Communication electronically, but you do not receive it because your contact information on file is incorrect or out of date, the Communication is blocked or flagged as spam by your service provider, or you are otherwise unable to receive electronic Communications, Cypher will be deemed to have provided the Communication to you. For any kinds of advertisements, campaigns, promotions, information etc. made to you within the scope of the Terms or other policies and other agreements to be signed by you, we are not required to take your prior consent.

20.10. Modifications to the Services: Cypher reserves the right to modify, suspend, or discontinue—temporarily or permanently—any portion of the Services at any time, with or without notice. You acknowledge that Cypher shall not be liable for any modification, suspension, or discontinuation of the Services.

20.11. Technical Requirements and Software Updates: Your access to and use of the Services is subject to your device meeting the necessary hardware, software, and internet connectivity requirements. Cypher reserves the right to require periodic updates to the software or Services to ensure compatibility, security, or performance improvements. You are solely responsible for ensuring that your device meets these technical requirements.

 

​​​​​