End User License Agreement — Ercan Games (Mobile)

1. License Grant

Subject to your continued compliance with this Agreement and any applicable App Store terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and install one copy of each Game on a mobile device that you own or control, and to play that Game for your own personal, non-commercial entertainment purposes.

This is a license, not a sale. We and our licensors retain all right, title, and interest in and to the Games. No rights are granted to you other than those expressly stated in this Agreement, and all rights not expressly granted are reserved.

2. Ownership and Intellectual Property

The Games and all of their components — including software, source and object code, characters, artwork, animations, audio, music, sound effects, text, level designs, user interfaces, logos, trademarks, and all other content (collectively, the "Content") — are owned by Ercan Technology or its licensors and are protected by copyright, trademark, and other intellectual-property laws and treaties worldwide.

"Ercan Games", "Forgevid", and related names, logos, and marks are trademarks of Ercan Technology. Nothing in this Agreement grants you any right to use any of our names, logos, or trademarks except as strictly necessary to use the Games as permitted here.

3. License Restrictions

Except to the extent expressly permitted by this Agreement or by applicable law that cannot be excluded by contract, you must not, and must not permit any third party to:

• copy, reproduce, distribute, publicly display, rent, lease, lend, sell, sublicense, or otherwise transfer the Games or any Content;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Games, except to the limited extent such activity is expressly permitted by applicable law;
• modify, adapt, translate, or create derivative works of the Games or Content, or remove or alter any proprietary notices;
• cheat, exploit bugs, use unauthorized automation (bots, scripts, macros), hacks, mods, trainers, or third-party software that interferes with normal gameplay or confers an unfair advantage;
• circumvent, disable, or interfere with any security, access-control, anti-cheat, or technical-protection measures;
• use the Games to develop a competing product or service, or to harvest or extract data, except as permitted by applicable law;
• access or use the Games in any unlawful manner, for any unlawful purpose, or in violation of any applicable export-control or sanctions laws.

4. Virtual Items and In-App Purchases

Certain Games may offer virtual currency, items, characters, upgrades, or other in-game content ("Virtual Items") that you can obtain by playing or by purchasing through the App Store ("In-App Purchases"). When you obtain a Virtual Item, we grant you a personal, limited, non-transferable, revocable license to use that Virtual Item within the relevant Game only.

Virtual Items have no monetary value, are not your property, and cannot be redeemed for real-world money, goods, or anything of value, except where required by applicable law. You have no ownership or other proprietary interest in any Virtual Item, and any balances do not constitute a real-world currency or stored value.

Consumable and non-consumable items

Some Virtual Items are "consumable" (intended to be used up during play, such as in-game currency or boosters) and some are "non-consumable" (intended to persist, such as a one-time unlock). Consumable items, once used, cannot be restored.

Payments and refunds

All In-App Purchases are processed by the App Store, not by us; you must comply with the App Store's payment terms. Refunds, where available, are handled in accordance with the policies of the relevant App Store (Apple or Google), and are subject to your mandatory statutory rights as a consumer where applicable. Prices and availability of Virtual Items may change at any time, and we may manage, regulate, modify, or remove Virtual Items at our discretion.

5. User Conduct and Fair Play

You agree to use the Games responsibly and to respect other players. You must not, in connection with any Game:

• harass, threaten, defraud, impersonate, or abuse other users or our staff;
• upload or transmit content that is unlawful, infringing, defamatory, obscene, or harmful;
• disrupt or unfairly interfere with other players' enjoyment of the Games;
• attempt to gain unauthorized access to accounts, servers, or systems related to the Games;
• engage in any conduct that violates this Agreement, the App Store terms, or applicable law.

We may suspend or terminate access for Users who violate these rules, in addition to any other remedies available to us.

6. User-Generated Content

If a Game allows you to create, upload, or share content such as user names, messages, custom levels, or other materials ("User Content"), you retain any ownership rights you already have in your User Content. You are solely responsible for your User Content and represent that you have all necessary rights to provide it and that it does not violate this Agreement or any third-party rights.

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, adapt, publish, and display that User Content as necessary to operate, provide, and promote the Games. We may remove or refuse to display any User Content that we reasonably believe violates this Agreement or applicable law.

7. Updates and Changes to the Games

We may, from time to time and without prior notice, develop and provide updates, patches, bug fixes, new features, or other modifications to the Games ("Updates"). Updates may be required for continued use of a Game, and your App Store settings may automatically download and install them. You agree to receive such Updates as part of your use of the Games.

We may also add, change, suspend, or remove features, Virtual Items, or game content at our discretion, for example to balance gameplay, improve the experience, or comply with legal requirements. We may update this Agreement from time to time; the version available within the Game or on our website at the time of your use applies.

8. Service Availability and Discontinuation

Some Games or features may require an internet connection or online services, and may not be available at all times or in all locations. We do not guarantee that the Games will be uninterrupted, secure, or error-free.

We may, at our discretion and to the extent permitted by applicable law, modify, suspend, or discontinue any Game, feature, or online service, in whole or in part, including ceasing support for older versions or shutting down a Game (a "sunset"). Where we discontinue a Game with paid Virtual Items, we will handle the matter in accordance with applicable law and, where reasonable, provide advance notice.

9. Minors, Parental Consent, and Age Ratings

The Games carry age ratings assigned through the App Store rating systems (for example, Apple's age ratings or Google Play / IARC ratings). You must meet the minimum age required to enter into this Agreement in your country of residence, and you must comply with the applicable age rating.

If you are a minor under the age required for consent in your jurisdiction, you may use the Games only with the involvement and consent of a parent or legal guardian. Parents and guardians are responsible for supervising their children's use of the Games, including any In-App Purchases, and should use the parental-control and purchase-restriction features provided by the App Store and device.

10. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Games are provided "as is" and "as available", with all faults and without warranty of any kind. We disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Games will meet your requirements, operate without interruption or error, be compatible with any particular device, or that defects will be corrected. Nothing in this section limits any non-excludable statutory warranty or guarantee you may have as a consumer under the law of your country of residence.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Ercan Technology and its affiliates, officers, employees, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Games, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the Games and this Agreement will not exceed the greater of the amount you paid to us (or through the App Store for our Games) in the twelve (12) months before the event giving rise to the liability, or ten US dollars (USD 10).

Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for any other liability that may not lawfully be limited. If you are a consumer, your mandatory statutory rights are not affected.

12. Termination

This Agreement is effective until terminated. The license granted to you terminates automatically, without notice, if you breach any of its terms. We may also suspend or terminate your license to use a Game at any time if we reasonably believe you have violated this Agreement or applicable law, or if we discontinue the Game.

Upon termination, you must stop using the affected Game and delete all copies in your possession or control. Termination does not entitle you to any refund except as required by applicable law or App Store policy. Sections relating to ownership, restrictions, disclaimers, limitation of liability, and governing law survive termination.

13. App-Store Terms (Apple and Google)

This Agreement is between you and Ercan Technology only, and not with the App Store provider. The App Store provider is not responsible for the Games or their content. To the extent there is any conflict between this Agreement and the applicable App Store terms, the App Store terms will control with respect to your use obtained through that store.

Apple App Store

If you obtained a Game from the Apple App Store, the following applies: this Agreement is concluded between you and Ercan Technology, not Apple Inc. ("Apple"). Apple has no obligation to furnish any maintenance or support services for the Games. Apple is not responsible for addressing any claims by you or any third party relating to the Games, including product-liability claims, claims that a Game fails to conform to legal or regulatory requirements, and claims arising under consumer-protection or similar legislation, nor for the investigation, defense, settlement, or discharge of any third-party intellectual-property infringement claim. You represent that you are not located in a country subject to a US Government embargo or designated as "terrorist supporting", and that you are not on any US Government restricted-party list. Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, have the right to enforce it against you.

Google Play

If you obtained a Game from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to this Agreement and is not responsible for the Games. Where the Google Play terms or applicable law provide standard end-user license terms, those terms apply to the extent required, and this Agreement supplements them.

14. Governing Law and Dispute Resolution

This Agreement and any dispute or claim arising out of or in connection with it are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-laws principles, and you and we submit to the exclusive jurisdiction of the state and federal courts located in New Mexico, USA, subject to the paragraph below.

If you are a consumer, this choice of law and forum does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may also be entitled to bring proceedings in the courts of that country where required by applicable law. Nothing in this Agreement limits any mandatory consumer rights you have under the law of your jurisdiction, including in the European Union, the United Kingdom, or Türkiye.

15. Contact

If you have questions about this Agreement, please contact us at legal@ercantechnology.com, or by mail at: Ercan Technology LLC, Albuquerque, New Mexico, USA. For issues relating to In-App Purchases or refunds, please also contact the App Store from which you obtained the Game.