Terms of Use

These terms and conditions (“Terms”, “Agreement”) are an agreement between Faruk KAYADUMAN

(“Faruk KAYADUMAN”, “VIRCA”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Virca Games apps mobile application and any of its products or services (collectively, “Mobile Application” or “Services”).

Accounts and membership

You must be at least 18 years old to use this Mobile Application. By using this Mobile Application and agreeing to this Agreement, you warrant and represent that you are at least 18 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and are fully accountable for all activities that occur under the account and any actions taken in connection with it. Providing false contact information of any kind may result in your account’s termination. You must notify us immediately of any unauthorized use of your account or other security breaches. We will not be liable for any acts or omissions by you, including any damages resulting from such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or if your conduct or content is likely to harm our reputation and goodwill. If your account is deleted for these reasons, you are prohibited from re-registering for our Services. We may block your email and IP address to prevent further registration.

User content

We do not own any data, information, or material (“Content”) that you submit to the Mobile Application while using the Service. You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or rights to use all submitted Content. We may, but are not obligated to, monitor Content submitted or created by you using our Services in the Mobile Application. Unless explicitly permitted by you, your use of the Mobile Application does not grant us a license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial, marketing, or similar purposes. However, you grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as needed to provide the Services to you. Without limiting any of these representations or warranties, we have the right, but not the obligation, to refuse or remove any Content that, in our reasonable opinion, violates our policies or is harmful or objectionable in any way.

Billing and payments

You must pay all fees or charges to your account as per the fees, charges, and billing terms in effect at the time the payment is due. For Services offered on a free trial basis, payment may be required after the trial period ends, even if you have entered your billing details beforehand. If auto-renewal is enabled for your subscribed Services, you will be charged automatically based on the selected term.

Sensitive and private data exchanged between the Mobile Application and its Users occurs over an SSL-secured communication channel, with encryption and protection through digital signatures. Regular malware scans are conducted for additional security and protection. If we determine that your purchase constitutes a high-risk transaction, we may request a copy of your valid government-issued photo ID and possibly a copy of a recent bank statement for the card used.

We reserve the right to change product offerings and pricing at any time, as well as the right to refuse any order placed with us. At our discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, the same credit card, or with the same billing and/or shipping address. If we make a change to or cancel an order, we may notify you via the provided email, billing address, or phone number at the time of order.

Accuracy of information

Occasionally, the Mobile Application may contain information that includes typographical errors, inaccuracies, or omissions related to product descriptions, pricing, availability, promotions, or offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information in the Mobile Application or any related Service is found to be inaccurate, without prior notice (including after an order has been submitted).

We are under no obligation to update, amend, or clarify information in the Mobile Application, including pricing information, unless required by law. No specific update or refresh date mentioned in the Mobile Application should be interpreted as an indication that all information in the Mobile Application or related Services has been modified or updated.

Third-party services

If you choose to enable, access, or use third-party services, please note that your use of such services is governed exclusively by their terms and conditions. We do not endorse, and are not responsible or liable for, any aspect of these services, including their content, how they handle data (including your data), or any interactions between you and the provider of such services. You hereby waive any claims against VIRCA regarding these third-party services. VIRCA is not liable for any damages or losses arising from your enablement, access, or use of these services, or from your reliance on their privacy practices, data security processes, or other policies.

You may need to register for or log into these services via their respective mobile applications. By enabling any such services, you expressly allow VIRCA to disclose your data as needed to facilitate the use or enablement of these services.

Backups

We perform regular backups of the Content for our administrative purposes, but these backups are not guaranteed. You are responsible for maintaining your own backups of your data. We do not offer compensation for lost or incomplete data if our backups fail to function properly. While we will make every effort to ensure complete and accurate backups, we do not assume responsibility for this task.

Links to other mobile applications

Although this Mobile Application may contain links to other mobile applications, we do not, directly or indirectly, imply approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless explicitly stated. We are not responsible for evaluating, and do not warrant, the offerings of any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, or content of any third parties. You should carefully review the legal statements and terms of use for any mobile application accessed via a link from this Mobile Application. Accessing any other linked mobile application is at your own risk.

Advertisements

While using the Mobile Application, you may engage in correspondence with or participate in promotions offered by advertisers or sponsors displaying their goods or services through the Mobile Application. Any such activity, as well as any terms, conditions, warranties, or representations associated with it, is solely between you and the relevant third party. We hold no liability, obligation, or responsibility for any correspondence, purchase, or promotion between you and any such third party.

Prohibited uses

In addition to other terms set forth in the Agreement, you are prohibited from using the Mobile Application or its Content for the following purposes:

(a) Any unlawful activity;

(b) Soliciting others to perform or participate in unlawful acts;

(d) Infringing on or violating our intellectual property rights or the intellectual property rights of others;

(e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) Submitting false or misleading information;

(g) Uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related mobile application, other mobile applications, or the Internet;

(h) Collecting or tracking the personal information of others;

(i) Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;

(j) Engaging in any obscene or immoral activities; or

(k) Interfering with or circumventing the security features of the Service, any related mobile application, other mobile applications, or the Internet.

We reserve the right to terminate your use of the Service or any related mobile application if you violate any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer any intellectual property owned by VIRCA or third parties to you. All rights, titles, and interests in such property will remain solely with VIRCA. All trademarks, service marks, graphics, and logos used in connection with our Mobile Application or Services are trademarks or registered trademarks of VIRCA or its licensors. Other trademarks, service marks, graphics, and logos used in connection with our Mobile Application or Services may be the trademarks of other third parties. Your use of our Mobile Application and Services does not grant you any right or license to reproduce or use any VIRCA or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Mobile Application or Services is entirely at your own risk. You acknowledge that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free. Furthermore, we do not make any warranty regarding the results that may be obtained from using the Service, the accuracy or reliability of any information obtained through the Service, or that any defects in the Service will be corrected.

You understand and agree that any material or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data resulting from the download of such material or data.

We make no warranty regarding any goods or services purchased or obtained through the Service, or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated herein.

Limitation of liability

To the fullest extent permitted by applicable law, VIRCA, its affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable to any person for: (a) any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, or loss of business opportunity), however caused and under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if VIRCA was advised of the possibility of such damages or could have foreseen them.

To the maximum extent permitted by applicable law, the aggregate liability of VIRCA and its affiliates, officers, employees, agents, suppliers, and licensors related to the services will be limited to the greater of one dollar or any amounts actually paid by you to VIRCA in cash during the one-month period preceding the first event or occurrence that gave rise to such liability.

These limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails in its essential purpose.

Indemnification

You agree to indemnify and hold VIRCA and its affiliates, directors, officers, employees, and agents harmless from any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party claims, allegations, actions, disputes, or demands made against any of them due to or related to your Content, your use of the Mobile Application or Services, or any willful misconduct on your part.

Severability

All rights and restrictions outlined in this Agreement are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited as necessary to avoid rendering this Agreement illegal, invalid, or unenforceable. If any provision or part of a provision in this Agreement is deemed illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties intend that the remaining provisions or portions thereof shall still reflect their agreement concerning the subject matter, and all such remaining provisions or portions shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement, as well as any disputes arising from it, shall be governed by the substantive and procedural laws of Istanbul, Turkey, without regard to its conflict of law rules, and, where applicable, the laws of Turkey. The exclusive jurisdiction and venue for actions related to this Agreement shall be courts located in Istanbul, Turkey, and you hereby consent to the personal jurisdiction of these courts. You also waive any right to a jury trial in any proceeding arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent, which may be granted at our sole discretion without any obligation; any such assignment or transfer shall be null and void. We are free to assign any of our rights or obligations under this Agreement, in whole or in part, to any third party as part of a sale of all or substantially all of our assets or stock, or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement, or its policies related to the Mobile Application or Services at any time, with changes taking effect upon the posting of an updated version of this Agreement within the Mobile Application. When changes are made, we will update the revised date at the bottom of this page. Your continued use of the Mobile Application after any such modifications will be considered your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services, you agree to be bound by this Agreement. If you do not agree to comply with the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.

Contacting us

If you have any questions about this Agreement, please feel free to contact us.

This document was last updated on March 28, 2025