Terms of Use – Fortuna Play

ACCEPTANCE OF TERMS

Agreement: These Terms of Use (“Agreement” or “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”), and PLAY FORTUNA YAZILIM ANONIM SIRKETI (“Fortuna Play”, “Company”, “we”, “us”, or “our”), concerning your access to and use of our mobile application, Fortuna Play, available on the Google Play Store & Apple Appstore (collectively the “Platform”). This Platform offers a loyalty and rewards-based gaming experience with various services related to accumulating and redeeming points (“Services”).

By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms of Use, all applicable laws, and regulations. You are responsible for ensuring that your use complies with any local laws that may apply. All materials and content on the Platform are protected by applicable copyright and trademark laws.

Accepting these Terms establishes a legally enforceable agreement between you and PLAY FORTUNA YAZILIM ANONIM SIRKETI. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING OR ACCESSING THE PLATFORM, AND YOU MUST IMMEDIATELY CEASE USE. Please carefully read the Terms of Use outlined in this Agreement, which take effect once you click the “AGREE & CONTINUE” button (the “Effective Date”) during account registration. By doing so, you (“User”) agree to abide by this Agreement.

Included Policies: This Agreement incorporates our Privacy Policy and Community Guidelines, which form an integral part of these Terms.

Platform Owner: The Platform is owned and operated by PLAY FORTUNA YAZILIM ANONIM SIRKETI, a limited liability company established under the laws of Turkey. Company contact details are:

Email: [email protected]

Address: CARDAK BELDESI, NO:7-Z12 TEKKE MAHALLESI Canakkale – 17810 Türkiye (TR)

As the owner, we reserve the right to change, modify, or remove any part of the Platform or its contents at any time and for any reason at our sole discretion, without notice. We may manage the Platform to protect our rights and property and ensure its proper functioning. However, we are under no obligation to update any information on the Platform. Additionally, we reserve the right to modify or discontinue all or part of the Platform without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Platform.

Changes: PLAY FORTUNA YAZILIM ANONIM SIRKETI may modify these Terms and Services at any time without prior notice. By continuing to use the Platform after any changes, you agree to be bound by the then-current version of these Terms. Supplemental terms or additional conditions may be posted on the Platform from time to time, which are expressly incorporated by reference into these Terms.

We reserve the right to make changes or modifications to these Terms at any time, for any reason, and in our sole discretion. Any changes will be communicated by updating the “Last Updated” date at the top of these Terms. It is your responsibility to review the Terms periodically to stay informed of any updates. Your continued use of the Platform after any such updates constitutes your acceptance of the revised Terms.

Any new features, services, or tools added to the Platform will also be subject to these Terms, including any modifications.

ACCOUNT

Registration: You may not use the Platform or accept these Terms if:

(a) You are not of legal age or otherwise not legally competent to form a binding contract with PLAY FORTUNA YAZILIM ANONIM SIRKETI or

(b) You are a person barred from using the Platform under the applicable laws of the United States, the country in which you are resident, or any other relevant jurisdiction.

The Platform is intended solely for users who are at least 18 years old. Persons under the age of 18 are strictly prohibited from using or registering for the Platform. By registering for an account, you represent and warrant that:

You are at least 18 years of age,

You are not located in a country that is subject to U.S. government sanctions, or that has been designated by the U.S. government as a “terrorist-supporting” country, and

You are not listed on any government list of prohibited or restricted parties.

If you are using the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. By accepting these Terms, you do so on behalf of that entity (and all references to “you” in the Terms refer to that entity).

Account Registration: Services offered by the Platform require the creation of a User account, which is limited to one account per User. During registration, you are required to provide certain information, such as your display name, email address, and other details. You agree to provide accurate, current, and complete information and to promptly update any changes.

Account Restrictions: Transferring, selling, or assigning your account to another individual or entity is strictly prohibited. If your account is terminated or suspended for any reason, you are prohibited from creating a new account under your name, a fake or borrowed name, or the name of any third party. We reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive relief, if you attempt to circumvent account termination or suspension.

We also reserve the right to remove, reclaim, or change a display name that we deem, in our sole discretion, to be inappropriate, obscene, or otherwise objectionable.

Guest Users: The Platform may allow limited access to certain Services without full registration (as a “Guest”). Guest Users may have restricted access to features, and these limitations are subject to change. All provisions of these Terms applicable to registered Users also apply to Guest Users unless otherwise specified.

User Authority and Compliance: By accepting these Terms and using the Services, you represent that:

All information you provide is truthful and accurate,

You will maintain the accuracy of this information,

You will comply with all applicable laws and regulations,

You will comply with these Terms, and

You are solely responsible for maintaining the confidentiality of your account and any activity that occurs under your account.

Non-compliance with these Terms may result in the suspension or termination of your account and/or other penalties. In such cases, you agree to indemnify Fortuna Play for any consequences resulting from your non-compliance.

User Notifications: As part of the registration process, we may send you notifications, including verification messages or other communications related to your use of the Platform. These communications will be sent to the email address you provide during registration.

Account Deletion: You have the option to delete your account at any time. Deleting your account will immediately stop all services you receive through the Platform, and permanently delete all your uploaded data, including profile information. However, any interactions you had with other Users, such as messages, may still be visible even after your account is deleted.

Please note that once you delete your account, the action is irreversible, and all data will be permanently lost. Make sure to carefully consider this decision, as we will be sorry to see you go.

SERVICES

Description of Services: The Services offered by Fortuna Play consist of the mobile application (the “App”) providing loyalty rewards for completing in-game activities, participating in contests, and other interactive features aimed at enhancing the gaming experience. The App allows users to accumulate points (“Gift Card Coins”) based on gameplay, which can be redeemed for various rewards.

Rewards:

Fortuna Play offers Gift Card Coins as loyalty points for completing in-game activities. These points are awarded based on actual game engagement, not just keeping the App open. Users can redeem points for a variety of rewards such as gift cards, in-game content, or merchandise. However, unclaimed rewards will expire 15 days after they are awarded, and users forfeit their right to claim them if not redeemed in time. Reward requests must be made using the email address registered to the User’s account. Requests from unregistered email addresses will be rejected.

Non-Cash Redemption: Rewards cannot be redeemed for cash, exchanged, resold, or refunded, except where legally required.

Redemption Locations: Rewards can only be redeemed where applicable merchants or services are available.

No Liability: Fortuna Play is not responsible for lost, stolen, or malfunctioning rewards, except in cases of gross negligence or willful misconduct on our part. Your account, including accumulated rewards, may be deactivated or deleted in line with these Terms, without Fortuna Play incurring liability.

Contests: Fortuna Play may host contests within the App, which are subject to specific Contest Terms that are separate from these general Terms. You are advised to review the specific Contest Terms before participating. Fortuna Play reserves the right to modify, withdraw, or cancel any contest without prior notice. It is your responsibility to stay updated on any changes, and continued participation will imply acceptance of those changes.

Third-Party Services: The App may include third-party services or links to third-party websites. You use such services at your own risk, and Fortuna Play assumes no responsibility for any damages resulting from your use of these third-party services. We do not warrant, endorse, or guarantee any third-party products or services advertised through the App. Exercise caution and use your best judgment when engaging with third-party providers.

Referral Program: Users can invite others to join Fortuna Play to earn referral rewards. The eligibility criteria and nature of these rewards are determined solely by Fortuna Play and may change at any time.

RULES OF USER CONDUCT

Fair Play Commitment: We encourage all players to engage with Fortuna Play actively, fairly, and with respect for other users. Our rules ensure that playtime achievements, leaderboards, and rewards reflect genuine player engagement. By using the App, you agree to these rules and understand that non-compliance may result in penalties, including but not limited to account suspension or termination.

International Use and Export Control: Fortuna Play is based in and operates under the laws of the Republic of Türkiye. Users accessing the platform from other locations are responsible for ensuring compliance with local laws. Any software available through the App is subject to Türkiye’s export laws, and you must not download or re-export it in violation of these laws.

Social Interaction: Fortuna Play includes a social feature allowing users to interact with each other. Any violation may lead to restrictions on social features or a permanent ban.

Account Restrictions:

One Account: Users may only create one account within the App. Creating multiple accounts or transferring/selling accounts is strictly prohibited.

Reward Requests: Users can only request rewards through the registered email addresses linked to their account. Requests made using other email addresses will not be accepted.

Software Restrictions: The following software or activities are strictly prohibited and may result in an account ban:

Autoclicker Programs: Using software that automates clicks or interactions may lead to a permanent ban.

Emulators: Accessing the App through emulation software is forbidden and can result in account suspension.

Game Modification Software: Accounts linked to software that modifies games or unlocks paid content for free may be banned.

Disposable Email Addresses: Accounts using disposable or auto-verifying email addresses are not allowed.

Rooted Devices: Using rooted devices or devices with privileged control may result in a ban, and reward requests from these accounts may be rejected.

Additional Restrictions Regarding IP:

VPN Use: Using VPNs, proxies, bots, or deceptive practices to falsify gameplay or revenue generation is prohibited. Violating this rule may lead to account suspension or device blacklisting.

Device and IP Monitoring: Users are allowed to access the App on up to three devices per IP address. Exceeding this limit may be flagged as suspicious activity and may result in a permanent ban.

Special Circumstances: If more than three devices must access the App from a single IP address (e.g., in public spaces or institutions), users must seek approval from our support team.

User Contributions:

You must ensure that any content or interaction (“Contributions”) you create on Fortuna Play does not violate third-party rights or laws. Your Contributions must not:

Contain unauthorized advertising, spam, pyramid schemes, or solicitation.

Include obscene, violent, harassing, libelous, defamatory, or otherwise objectionable content.

Promote hatred, discrimination, or harm toward any individual or group.

Solicit personal information from anyone under the age of 18 or exploit minors in any way.

Contain offensive comments based on race, gender, sexual orientation, or disability.

Include unauthorized or malicious software (e.g., viruses, bots, scrapers).

Infringe on the privacy or security of others or violate any applicable law.

Prohibited Activities:

You may not impersonate any person or entity or misrepresent your affiliation with anyone.

You must not engage in any illegal or unauthorized activity while using the App, including attempting to reverse-engineer the platform, access restricted sections, or interfere with its operation.

Automated systems like bots, scrapers, or cheat utilities are prohibited.

You must not harvest or collect other users’ personal data without their consent.

Attempts to bypass security measures or disrupt the platform are strictly prohibited.

Consequences of Violations: Violating these rules may result in content removal, account suspension, or permanent termination of your access to Fortuna Play. We reserve the right to investigate and take appropriate legal action against violators, including reporting them to law enforcement.

PAYMENT & FEES

By using Fortuna Play, you agree to pay for any services, in-app purchases, or subscriptions according to the pricing and payment terms presented at the time of purchase. Payments are processed through your chosen method at the time of the transaction, and any applicable refunds will be handled in accordance with applicable law. For refund details, please refer to the specific sales webpage or contact support.

Payment Information:

You agree to provide accurate, up-to-date account and payment information for all purchases made via the platform. This includes keeping your payment method, email address, and billing details updated to ensure that transactions are completed smoothly. All payments for purchases through the platform are in U.S. dollars, though third-party payment providers may convert these amounts into your local currency.

Billing and Recurring Payments:

If you make purchases or subscribe to services that involve recurring charges, you authorize Fortuna Play to charge your selected payment method on a recurring basis without needing prior approval for each charge. Your subscription will continue until you cancel or notify us of your desire to stop recurring payments.

Third-Party Payment Providers:

We may use third-party payment providers (e.g., Google Play, Apple App Store, PayPal, Stripe, etc.) to process your payments. Your use of these providers is subject to their own terms, conditions, and privacy policies. Fortuna Play is not liable for the actions or policies of these third-party services.

Price Changes and Errors:

Fortuna Play reserves the right to adjust the prices of its services at any time. In the event of an error in pricing, we reserve the right to correct it, even after payment has been requested or processed. Additionally, we retain the right to refuse any order placed through the platform, especially if pricing errors are identified after the transaction.

Recurring Charges:

If your purchase includes recurring charges through a third-party payment provider, be aware that these providers may apply updated prices without further notice, as allowed by their terms.

TERM AND TERMINATION

Duration of Agreement:

This Agreement will remain in effect while you use Fortuna Play or maintain an active account (“Term”). Specific sections of this Agreement will continue to apply after termination, including those related to Payment & Fees, Intellectual Property, No Liability, No Warranty, Indemnity, Severability, Force Majeure, Entire Agreement & Headings, Representations and Warranties, and Governing Law and Language.

Termination:

Termination by User:

You may terminate your use of Fortuna Play at any time by uninstalling the app or deleting your account.

Termination by Fortuna Play:

We reserve the right to, at our sole discretion and without notice, deny access to the platform to any user for any reason, including violations of this Agreement or applicable laws. Fortuna Play may also terminate your account and delete any posted content or information without prior notice.

Inactivity: Accounts that remain inactive for more than 180 consecutive days (e.g., no Coin redemptions, referrals, or logins) will be terminated without notice, and any existing Coins or Rewards will be voided.

Violation of Terms: Accounts may be suspended, banned, or terminated without notice if found in violation of the Terms. In such cases, all coins and rewards may be nullified.

Fraudulent Activity: Fortuna Play reserves the right to ban accounts related to fraudulent behavior, including, but not limited to, downloading the app from unauthorized sources, manipulating IP addresses, or using software to falsify activity.

Device Usage:

Users may access their accounts from only one unique device at any given time. Device changes are allowed once every 30 days. Frequent device changes may trigger an investigation for suspicious activity.

Upon termination, you must cease all use of the platform, but outstanding fees owed to Fortuna Play must still be paid.

PROCESSING OF PERSONAL DATA – PRIVACY POLICY

Fortuna Play respects and upholds the highest standards of data protection. We collect information about your device and how you interact with our services for various reasons, including:

Verifying account eligibility.

Managing promotions and assigning rewards.

Troubleshooting technical issues.

By participating in our game, earning Gift Card Coins or joining the Rewards Program, you agree to the collection and use of your Gameplay Data. This data is essential for delivering rewards and ensuring the proper functioning of specific features. Without consent to process this data, some services may be unavailable.

For more detailed information on how Fortuna Play collects, stores, and utilizes personal and other types of data, please review our Privacy Policy. This document provides a comprehensive overview of our data protection practices and the steps we take to ensure your privacy is safeguarded.

INTELLECTUAL PROPERTY

Unless stated otherwise, the Fortuna Play platform is our exclusive property, and all related source code, databases, software, designs, audio, video, text, images, and graphics (collectively referred to as “Content”) are either owned by us or licensed to us. Additionally, all trademarks, service marks, and logos (the “Marks”) on the platform are protected by copyright, trademark laws, and other intellectual property rights under U.S. and international laws.

The Content and Marks are available on the platform “AS IS” for your personal and informational use only. Unless expressly permitted by these Terms, no part of the platform, including any Content or Marks, may be copied, reproduced, distributed, sold, licensed, or exploited for commercial purposes without obtaining our prior written consent.

LICENSE

License Grant

Provided that you are eligible to use the Fortuna Play platform, you are granted a limited license to access and use the platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the platform, the Content, and the Marks. This use license is limited, non-exclusive, non-transferable, non-sublicensable, revocable, and subject to the Term and the terms herein.

This license represents a grant of usage rights, not a transfer of ownership; therefore, all intellectual property rights and derivative works remain the property of Fortuna Play or its licensors. All rights not expressly granted are reserved by Fortuna Play, and title to the services and related materials remains with us.

License Restrictions

Under this license, you MAY NOT:

Modify or copy the materials.

Use the materials for any commercial purpose or for any public display (commercial or non-commercial).

Attempt to decompile or reverse engineer any software contained on the Fortuna Play platform.

Remove any copyright or other proprietary notations from the materials.

Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fortuna Play at any time. Upon termination of your access to these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

End User License Agreement

We may provide software for use in connection with our services. If such software is accompanied by an End User License Agreement (EULA), the terms of the EULA will govern your use of the software. If the software is not accompanied by a EULA, then we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Use. ANY SOFTWARE AND ANY RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACCEPT ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF ANY SOFTWARE. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.

License Granted by User Regarding User-Generated Contributions

The platform may invite you to contribute to blogs, message boards, online forums, and other functionalities, providing you with opportunities to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials (collectively, “Contributions”). Contributions may be viewable by other users of the platform. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. If you provide feedback or suggestions about our platform or any services, we (and those we allow) may use such information without obligation to you.

You may also have the opportunity to leave reviews or ratings on the platform. When posting a review, you must comply with these Terms of Use and any prohibitions thereof. Reviews are not endorsed by us and do not necessarily represent our opinions or those of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. While we have no obligation to screen reviews, we may accept, reject, or remove reviews at our sole discretion.

When you create or make available any Contributions, you represent and warrant that:

You are the creator and owner or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the platform, and other users to use your Contributions in any manner contemplated by the platform and these Terms of Use.

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not infringe on the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.

You have the written consent, release, and/or permission of each identifiable individual in your Contributions to use their name or likeness, enabling the inclusion and use of your Contributions in any manner contemplated by the platform and these Terms.

Your Contributions do not violate the privacy or publicity rights of any third party.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions are not false, inaccurate, or misleading.

CONFIDENTIAL INFORMATION

Our communications to you and our platform may contain Fortuna Play confidential information. This includes any materials, communications, and information that are marked confidential or would typically be considered confidential under the circumstances. If you receive any such information, you agree not to disclose it to any third party without our prior written consent.

Fortuna Play confidential information does not include information that you independently developed, that was rightfully given to you by a third party without a confidentiality obligation, or that becomes public through no fault of your own. You may disclose confidential information only when compelled by law, providing us reasonable prior notice unless a court of applicable jurisdiction orders that we not receive notice.

Your personal data is protected in accordance with our Privacy Policy.

NO WARRANTY

General Disclaimer of Warranties

PLATFORM IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF FORTUNA PLAY SERVICES IS AT YOUR OWN RISK. FORTUNA PLAY MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORTUNA PLAY AND ITS SUPPLIERS AND RESELLERS HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, WITH REGARD TO THE FORTUNA PLAY PLATFORM, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

FORTUNA PLAY (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE FORTUNA PLAY PLATFORM IS ACCURATE, RELIABLE, OR CORRECT; THAT THE FORTUNA PLAY PLATFORM WILL MEET USER’S REQUIREMENTS; THAT THE FORTUNA PLAY PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE FORTUNA PLAY PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FORTUNA PLAY PLATFORM ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

The materials appearing on Fortuna Play’s Platform could include technical, typographical, or photographic errors including descriptions, pricing, availability, and various other information. Fortuna Play does not warrant that any of the materials on its Platform are accurate, complete or current. Although Fortuna Play may make changes to the materials contained on its Platform at any time without notice; Fortuna Play does not make any commitment to update said materials however we reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

Users of the Platform may make Contributions to the Platform from time to time, Fortuna Play has no obligation to monitor such Contributions and does not provide any warranty with regard to your use of such Contributions. Responsibility for Contributions belong solely to the relevant contributor you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding use of such Contributions.

Games Disclaimer

Games featured on the platform are not selected or verified by Fortuna Play. Downloading these games carries the same risks as downloading from the Google Play Store, and Fortuna Play is not responsible for any consequences related to the selection of games from the Discover weekly playlist.

Fortuna Play has not reviewed all of the games or websites linked to or from its Platform and is not responsible for the contents of any such linked third party services. The inclusion of any game or link in the Platform does not imply endorsement by Fortuna Play of the third-party site or services. Use of any such game or linked site is at the User’s own risk. We also allow advertisers to display their advertisements and other information in certain areas of the Platform, such as sidebar advertisements, banner advertisements or other applicable forms of mobile application advertisements. We simply provide the space to place such advertisements, and we have no other relationship with such advertisers. If you decide to leave the Platform and access third-party websites or to use or install any third-party content, you do so at your own risk, and you should be aware that these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. We take no responsibility whatsoever in relation to any purchases you make through third-party websites and such purchases are exclusively between you and the applicable third party.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Country and Availability Disclaimer

Fortuna Play might be required to remove some or all Services from a country based on legal requirements. Fortuna Play do not allow accessing to it’s Services from a country where it do not operate by using methods such as VPN. Fortuna Play, its suppliers, or affiliates are not liable for pulling services out of a country based on legal requirements.

We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

LIMITATION OF LIABILITY AND INDEMNIFICATION

TO THE EXTENT PERMITTED BY LAW, Fortuna Play, OUR DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. IN ANY CASES, Fortuna Play, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Fortuna Play AND ASSOCIATED PARTIES AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, RELATED TO ANY BREACH OF OBLIGATIONS OR USE OF THE SERVICES BY YOU.

GOVERNING LAW AND LANGUAGE

Law and Jurisdiction

These Terms and this arbitration clause are governed by the laws of the Republic of Türkiye.

All disputes that the parties are unable to settle amicably shall be arbitrated in Bursa, Türkiye, according to the arbitration rules of the Istanbul Arbitration Center (ISTAC) in force at the date of such dispute. The number of arbitrators shall be one, and such arbitrator shall be appointed as per the arbitration rules of ISTAC. The language of arbitration shall be English.

MISCELLANEOUS PROVISIONS

Severability

If it turns out that a particular provision contained in these Terms of Use or any annexes thereof is determined to be unlawful, void, or otherwise unenforceable, such provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Force Majeure

Neither party is liable for failure nor delay due to force majeure events. However, the parties agree that force majeure is not an acceptable excuse for delay in payment of any fee or invoice due under this Agreement.

Entire Agreement

These Terms of Use operate to the fullest extent permissible by law and represent the entire agreement between you and Fortuna Play relating to its subject and supersede any prior or contemporaneous agreements on the subject matter. This Agreement supersedes all prior agreements and understandings.

Headings

Headings are for convenience and do not alter meanings.

Assignability

We, as Fortuna Play, may assign any or all of our rights and obligations to others at any time solely at our discretion. User accounts are not assignable.

Construction

The Terms of Use do not create any third-party beneficiary rights or any agency, partnership, or joint venture between Fortuna Play and its Users.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

Electronic Communications

Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or through notifications on the Platform, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Language Preference

These Terms of Use were contracted in the English language. If Fortuna Play provides a translation of the Terms of Use, it does so for your convenience only, and the English Terms of Use shall solely govern the relationship between Fortuna Play and Users. Accordingly, if there is a discrepancy between the English language version and other translations of these Terms of Use, the English version shall prevail. The parties agree to use English for notifications and communication related to this Agreement and all other related documents.

No Waiver

If you do not comply with the Terms of Use and Fortuna Play does not take action right away, this does not mean that Fortuna Play is giving up any rights that it may have (such as taking action in the future).