TERMS OF USE

TABLE OF CONTENTS:
I. Agreement
II. Age Requirement
III. License to Use Agave’s Apps
IV. Grant of Rights
V. Agave’s App Functionality
VI. Third-Party Partners
VII. Security
VIII. Uninstall/Removal
IX. Consent to Use of Data
X. Intellectual Property
XI. Termination
XII. Disclaimer of Warranty
XIII. Limitation of Liability
XIV. Indemnification
XV. Export Controls
XVI. Government End User Notice
XVII. Jurisdictional Issues and Misc.

I. AGREEMENT:

A. This End-User License Agreement (“EULA”) is a legal agreement between you and Agave Games Bilişim Yazılım ve Pazarlama AŞ (“Agave”, “we”, “us” or “our”) which governs your use of Agave’s Apps. By installing or otherwise using Agave’s Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which Agave’s App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any Agave’s App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Agave’s App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up Agave’s App shall constitute reasonable means. Your continued use of Agave’s Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using Agave’s Apps. Do not use Agave’s Apps until your questions and concerns have been answered in this document to your satisfaction and you agree to abide by the EULA.
NOTICE TO CONSUMERS: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
Use of Agave’s Apps is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download Agave’s Apps. Agave’s Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of Agave’s Apps if you download or install Agave’s Apps through such marketplaces.

II. AGE REQUIREMENT:

You must be 13 years of age or older to install or to use Agave’s Apps. In case You are under 13 years old, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install Agave’s Apps for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access Agave’s App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this EULA, do not let your child use Agave’s Apps or associated features.

III. GRANT OF LICENSE:

Subject to your compliance with the terms and conditions of this EULA, Agave grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of Agave’s Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.

IV. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:

1. Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to Agave’s Apps or use Agave’s Apps for the benefit of any third party. Unless expressly authorized by Agave or permitted under the applicable mobile platform terms, you are prohibited from making Agave’s Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of Agave’s Apps, except to remove Agave’s Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Agave’s Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Agave’s Apps in any way. You do not have the right to and may not create derivative works of any Agave’s Apps or any portions thereof. All modifications or enhancements to Agave’s Apps remain the sole property of Agave.
2. Agave’s Apps Updates. We reserve the right to add or remove features or functions to existing Agave’s Apps. When installed on your mobile device, Agave’s Apps periodically communicate with our servers. We may require the updating of Agave’s Apps on your mobile device when we release a new version of Agave’s Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of Agave’s Apps. You acknowledge and agree that any obligation we may have to support previous versions of Agave’s Apps may be ended upon the availability of updates, supplements or subsequent versions of Agave’s Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of Agave’s Apps.
3. Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use Agave’s Apps. If you access an Agave’s App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access Agave’s Apps from your device. Downloading, installing or using certain Agave’s Apps may be prohibited or restricted by your network provider and not all Agave’s Apps may work with your network provider or device. Agave makes no representation that Agave’s Apps can be accessed on all devices or wireless service plans. Agave makes no representation that Agave’s Apps are available in all languages or that Agave’s Apps are appropriate or available for use in any particular location.
4. In-App Purchases & Cancellation Rights. Certain Agave’s Apps will allow you to make an in-application purchase. Payment for such purchases may be processed third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple). By confirming the purchase , you:

• (a) agree that we will supply you the purchased service or item immediately after you have confirmed the purchase in Agave’s App;
• (b) if you reside in the European Union, you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the service or item; Please review the mobile platform owner’s terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app.
• and (c) acknowledge that, to the extent permitted by law, all sales are final and that Agave is not required to provide a refund for any reason.

5. Subscription Services.

• Certain Agave app on the Apple App Store and Google Play Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple).
• The subscription automatically renews for the same price (unless notified) and duration period as the original weekly/monthly/yearly plan unless auto-renew is turned off at least 24-hours before the end of the current period.
• If the price of the subscription is changed, Apple/Google will provide the new price with an e-mail or a notification before the end of the current period.
• The payment will be charged to your iTunes account/Google Play account when you confirm the purchase.

6. Trial Periods.

• Certain of our subscription services on the Apple App Store and Google Play Store may from time to time be offered for a fixed period of time on a free-trial basis.
• You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes account/Google Play account.
• Free trial automatically converts to a paid subscription unless auto-renew is turned off at least 24-hours before the end of the trial period. From that point onwards, subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
• Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial. 
• Any unused portion of a free trial period will be forfeited when the user purchases our subscription.
• Please note: your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period.

V. AGAVE’S APP FUNCTIONALITY:

Agave’s Apps allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the “Agave’s App Functions”). Agave’s App Functions are provided by Agave and third party suppliers who offer content and/or services in conjunction with or through Agave’s Apps (the “Third Party Partners”). Agave’s App Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Agave, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Agave’s App.

VI. THIRD-PARTY PARTNERS:

1. Third-Party Services and Content. Agave’s Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing a Agave’s App that includes third party services and third party content, such services and content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third Party Partner’s website. Agave’s Apps may provide access or links to Third Party Partner websites or resources. Agave has no control over such websites and resources, and you acknowledge and agree that Agave is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Agave shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. Agave will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
2. Access to Third-Party Services and Content through Agave’s Apps. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through an Agave’s App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an Agave’s App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Agave be liable in any way for any Content created by or originating with entities other than Agave, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of a Agave App.

VII. SECURITY:

Agave’s Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that Agave’s Apps and any information you download or offer to share by means of a Agave App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom.

VIII. UNINSTALL/REMOVAL OF AN AGAVE’S APP:

Uninstallation and removal methods vary depending on your device. To uninstall and remove Agave’s Apps, please use the application manager provided with your device or consult your device manual for reference.

IX. CONSENT TO USE OF DATA:

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to Agave’s Apps. We may use this information in accordance with the Privacy Policy located here.

X. INTELLECTUAL PROPERTY:

Agave’s Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Agave are Agave’s property or the property of Agave’s licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within Agave’s Apps. All rights not expressly granted hereunder are expressly reserved to Agave and its licensors.
Agave’s names, logos and affiliated properties, are the exclusive property of Agave or its affiliates. All other trademarks appearing on any Agave’s App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Agave App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

XI. TERMINATION:

Your rights under this EULA will terminate immediately and automatically without any notice from Agave if you fail to comply with any of the terms and conditions of this EULA. You understand that Agave, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Agave’s Apps at any time. Further, Agave, with or without any reason, may at any time suspend or terminate any license hereunder and disable Agave’s Apps or any of its component features. You agree that Agave shall not be liable to you or any third-party for any termination or disabling of Agave’s Apps. Promptly upon expiration or termination of this EULA, you must cease all use of Agave’s Apps and destroy all copies of Agave’s Apps in your possession or control. Termination will not limit any of Agave’s other rights or remedies at law or in equity. Sections J-S, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.

XII. DISCLAIMER OF WARRANTY:

TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL AGAVE’S APPS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, AGAVE, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, AGAVE MAKES NO WARRANTY THAT AGAVE’S APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE AGAVE PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF AGAVE’S APPS WILL MEET YOUR EXPECTATIONS. AGAVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR AGAVE’S APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM AGAVE’S APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH AGAVE’S APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA AGAVE’S APPS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF AGAVE’S APPS REMAINS SOLELY WITH YOU.
AGAVE EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

XIII. LIMITATION OF LIABILITY:

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT AGAVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AGAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE AGAVE’S APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO AGAVE’S APPS. IN NO EVENT SHALL AGAVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AGAVE’S APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS AGAVE’S APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

XIV. INDEMNIFICATION:

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AGAVE, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF AGAVE’S APPS, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY AGAVE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

XV. EXPORT CONTROLS:

Agave’s Apps and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.

XVI. NOTICE TO US GOVERNMENT END USERS:

Any Agave’s Apps installed for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights as “commercial Items,” as that terms is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

XVII. JURISDICTIONAL ISSUES AND OTHER MISCELLANEOUS TERMS:

Agave does not represent or warrant that Agave’s Apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of Agave’s Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The laws of Agave’s country, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) Agave’s Apps. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Ireland, with respect to all matters arising out of or relating to this EULA.
No failure or delay by Agave in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO AGAVE’S APPS MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.