User Agreement

1.       PREAMBLE

1.1. This User Agreement (“Agreement“) sets out the terms and details of the use of the Application, including the Service and other related facilities offered through the Footbond mobile application (“Application“) by Footbond Oyun ve Teknoloji Hizmetleri Anonim Şirketi located at Acıbadem Mah. Çeçen Sok. Akasya Residence A Kule No:25 A Kat:26 D.No:150 PK:34660 ÜSKÜDAR İSTANBUL TÜRKİYE (“FootBond“), in scope of the definitions below.

1.2. This Agreement regulates the conditions that the User must be subject to from the moment the User wants to become a member as a User by accessing the Application downloaded from the mobile marketplace.

2.       DEFINITIONS

2.1. Unless expressly stated otherwise, the definitions contained in this Agreement shall be understood as elucidated underneath:

3.       GENERAL CONDITIONS

3.1. This Agreement shall apply to the User as defined above and any person accessing the Application in this capacity shall be subject to this Agreement.

3.2. This Agreement shall be read and acknowledged in order to become a User of this Application.

3.3. The User shall not be able to access and perform any transaction within the Application should they not accept any of the terms and conditions set out in this Agreement. FootBond reserves the right to modify this Agreement in any way, in the case of which it shall be the Users’ sole responsibility to act in accordance with and comply with the newer version of this Agreement.

3.3.1. The terms written in this Agreement shall be understood as accepted and approved by any User who have checked the boxes labeled “User Agreement and Privacy Policy” and completed the process of account creation within the Application.

3.4. FootBond reserves the right to make updates and changes to the Application. Updates and changes that may be made in the Application regarding the User are within the scope of this Agreement, and the continued use of the Application or of all Services included within by the User shall mean that the updates made are tacitly accepted by the User. The User will be notified via the Application of all possible changes to be made.

3.5. In the event that FootBond makes any changes to this Agreement, the updated Agreement will be published via a link accessible through the Application. The updated revised Agreement will be effective from the moment of its publication and all current or subsequent Users will be subject to the updated terms.

3.6. Upon accepting this Agreement, the User is granted a limited, non-transferable, non-sublicensable right of use of the Application, Services, and In-Game Elements exclusively for their own entertainment and revocable by FootBond.

3.7. Under this Agreement, it is not possible to convert In-Game Elements including but not limited with Coins, Jokers and Tokens and into cash under any circumstances or conditions. Only Coins may be converted into Gift Cards issued by FootBond’s business partners in accordance with the conditions set out in this Agreement.

4.       MEMBERSHIP

4.1.  The User’s registration will be established upon the download of the Application and the entry of the Membership Information. All information supplied should be correct to avoid any possible obstruction during award delivery and any transactions with FootBond.

4.2. The User is obliged to submit the following information (together referred to as “Membership Information“) to the Application.

4.2.1. Name and Surname,

4.2.2. Electronic mail address,

4.2.3. Mobile phone number,

4.2.4. Nickname (Only Nickname defined by the user will be visible to other users),

4.3. The User shall provide the correct contact information in order to receive the confirmation message requested during the registration process. The registration to FootBond is completed upon receipt of this message and submission to the Application. The User agrees and acknowledges that account confirmation and receipt of the confirmation message are mandatory steps for Membership to the Application. SMS two factor authentication is used to confirm that the mobile phone number is a valid one.

4.4. The User agrees and acknowledges that FootBond shall not be held liable for any liability arising out of the failure to receive the messages sent for account confirmation or the failure to transmit the messages due to any reason stemming in any way from the User. Neither the Application nor FootBond provide any guarantee when it comes to the variations in transmission and reception of confirmation messages depending on the User’s communication service providers or Devices.

4.5. The User agrees that when creating an account through the Application, the User must use real name and surname, a unique and valid mobile number and an unique and a valid e-mail address, and define an unique Nickname which is different than the real name of the user. This information is used to identify the User’s account and to personalize their interactions within the Application. The User agrees to comply with the obligations imposed by FootBond when creating a Nickname and agrees that they may not directly choose their name and surname as a Nickname. The User agrees and acknowledges that the Nickname specified in this clause and the content created related to this Nickname is stored and processed by FootBond within the scope of FootBond Privacy Policy even the User stops using the Application for any reason.

4.6. The User may not transfer this Agreement or their rights and obligations hereunder, or their Profile, in whole or in part, to any third-party or any other User without the written consent of FootBond and may not make their membership available to anyone other than themselves. FootBond shall not be held directly and/or indirectly liable in any way whatsoever for any damages suffered or may be suffered by third parties as a result of such transfers or other unauthorized uses. In the event that it is determined that the User has made their membership available or transferred it to someone else, their membership will be canceled.

4.7. No fake, misleading or other membership that manipulates the User Agreement on the Application may be created or accessed. In the event that such a situation is detected, the Application is authorized to suspend the relevant Profile or delete the membership to which the relevant Profile is related or to prevent the access of the identified persons or institutions to the application.

4.8. FootBond has no obligation to ensure the User’s account security and does not have any responsibility for the theft of the User’s account or that of relevant account information; The User is solely responsible for ensuring account reliability. As sole responsible for ensuring the security of their account, the User agrees:

4.8.1. not to disclose information about their account to third parties;

4.8.2. to take all kinds of security measures regarding their account and;

4.8.3. to be fully responsible for the use of their account by third parties, with or without the consent of the User.

4.9. The User is obliged to inform FootBond if they suspect any unauthorized access or breach of security to their account that may lead to unauthorized access to their personal data.

4.10. Users have the right to delete the Application at any time in accordance with the regulations of the Application Store. Deletion of the Application is at the User’s option and is not subject to any additional conditions. Should the User delete the Application, all activity (“Content”) created within the Application shall be retained and FootBond shall have the right to use such Content. User agrees and accepts that in case of deletion of the User account, FootBond shall store the User information for reasonable time in accordance with its Privacy Policy to avoid any fraudulent attempt. In the event that the information from a deleted account is used to create a new account, FootBond reserves the right to deny new account benefits to such account.

5.       USER’S OBLIGATIONS

5.1. Unless explicitly stated otherwise, all kinds of Content on the Application, including all kinds of Content to be created by the User, including all kinds of intellectual and industrial property and all kinds of intellectual and industrial property and property/ownership rights within the scope of relevant national and international legislation, especially the Law No. 5846 on Intellectual and Artistic Works and the Industrial Property Law No. 6769, or any other intellectual property or industrial property regulations of third-party countries, belongs entirely to FootBond or constitutes the subject of a license right granted to FootBond by third parties. In this context, the User agrees, acknowledges and guarantees that they will not modify, use, reproduce, distribute, copy and/or process any database, software, source code, design, text, video clip, picture, audio or visual element or any other element within the Application and will not dispose of them in any way. FootBond reserves the right to take all kinds of legal remedies in respect of any violations and infringements that may be made to any of FootBond’s rights within this scope.

5.2. The User agrees, acknowledges and guarantees that they will not perform any actions that will damage, block access, overload or damage the content and media providers, websites, goods or services or software belonging to the Application or that may be associated with the Application in any way.

5.3. The User may not claim any claim or vested right from the Application in the event that the Service contents or In-Game Elements offered through the Application are subject to any kind of change or modification.

5.4. The Application may offer Links provided by third parties not owned or controlled by FootBond. The User leaving the Application will be subject to the user agreement and privacy procedures of the relevant third-party websites, applications or services. FootBond provides no commitment or liability as to the accuracy, reliability or availability of such Links to third-party websites, applications or services. Access being made to such Links and third-party websites, applications or services within the Application does not mean that access to or use of such elements is encouraged or supported by FootBond or the Application.

5.5. The User shall not block or disrupt the Application servers or networks connected to the Application through the transmission of worms, viruses, spyware, malware, malicious software or any other damaging or interfering code, or add content or code that in any way alters or interferes with the way the Application is displayed or displayed on other Users’ Devices. The User may not make any similar attempts to disrupt the integrity and performance of the Application, including but not limited to reverse engineering, decomplication, infiltration, interference, reversal and copying activities.

5.6. The User shall not profess expressions either unlawful or in contravention of public morality, including discourse and approaches that may cause discrimination on the basis of race, religion, gender and sexual preference/orientation, be insulting, contain violence or threats of violence and violate the rights to privacy of third parties during the transactions carried out under this Agreement and/or within the Application.

5.7. The User agrees, acknowledges and guarantees to refrain from impersonating any other User or third-party and using their Profile Information when applicable.

5.8. This Agreement may be terminated by the User at any time by terminating their membership.

5.9. The User will be solely responsible for ensuring that the information provided within the scope of the Membership Information is current, accurate and complete and for updating such information when necessary; and shall not be able to make any claim from FootBond in the event that they cannot use the Application properly or are facing damage or risks thereof due to incomplete and/or incorrect information they have themselves provided.

5.10. The User agrees, acknowledges and guarantees that they shall use the Application and the Services offered by FootBond on the Application in accordance with the FootBond Privacy Policy and the Game Rules specified in Clause 7 of this Agreement, that they shall bear the legal and criminal liability in all transactions they perform, including accessing and benefiting from the content and Services in the Application, especially browsing or participating in the Games, and that they shall act in accordance with all terms and conditions stipulated both in this Agreement and in the Game Rules.

5.11. By using the Application, the User agrees, acknowledges and guarantees that they will not engage in any activity that may have negative consequences against the Users and/or third parties within the Games and Application or in real life. In this context, the User agrees, acknowledges and guarantees that they will refrain from disrupting the reliable functioning of the Games and the Application by coming together with other Users or in any other way, creating an unfair advantage in favor of any User, interfering with the results or functioning of the Games; performing any activity that may cause unfair competition, unfair profit or fraud in the Service or Games by interacting with the Application in any way or circumventing the terms and conditions contained in this Agreement and the Game Rules.

5.12. The User shall use the Services and Games in the Application in accordance with the purposes of the Application and without harming the reputation, activities or legal and statutory rights of any other User, third-party or FootBond.

5.13. The User shall not make notifications and complaints devoid of veracity.

5.14. The User agrees, acknowledges and guarantees that if they act contrary to the above-mentioned obligations, they shall be personally liable for any damage incurred by FootBond, other Users or any third parties and that FootBond shall not be held liable in any way for such damage.

5.15. In the event that FootBond is compelled to satisfy any compensation claim directed to it due to the User’s activities related or attributable to the Application, the User agrees that FootBond has the right to remove the membership of the relevant User if FootBond determines that the User has not acted in accordance with the obligations set out in this clause.

5.16. The User agrees and acknowledges that in order to ensure an equal and fair competition, FootBond has set up an Application where Users can view each other User’s portfolio and that the User has made the data contained in their portfolio, including but not limited to tokens, jokers and profit amount, visible to all other Users, only after the first match of the Tournament started For the avoidance of doubt, the User agrees and acknowledges that the investments made by the User on the Application can be viewed by each User even if the User stops using the Application.

5.17. The Application offers the User the possibility to create a  Nickname (online identity), which allows the User to publish, link to, store, share and otherwise make available certain information, text, graphics, content or other material. This Content is processed and stored by FootBond. FootBond owns all rights, title and related rights to such Content.

6.       TERMS AND CONDITIONS REGARDING USER’S CONSUMER RIGHTS

6.1. By accepting and acknowledging FootBond Terms, Users in the United Kingdom (UK), European Union (EU) or other states, acknowledge and agree to their consumer rights as governed by the relevant laws and regulations of their respective jurisdictions. FootBond ensures compliance with the UK Consumer Rights Act of 2021 and EU Consumer Rights Directive, guaranteeing users the right to accurate information, satisfactory quality, and the right to remedies in case of any discrepancies or defects in the Application. Users also retain the right to fair contractual terms and a transparent dispute resolution process. In the event of any concerns or disputes, Users may contact FootBond through the designated notification methods. Requests by User’s may be declined by FootBond if the request or reimbursement is non-compliant to this Agreement or relevant Applicable Law.

6.2. In the event that User’s encounter issues preventing the utilization of Gift Cards within this FootBond Application, the FootBond affirms the User’s entitlement to their consumer rights in relation to the relevant Applicable Laws. Users reserve the right to a replacement of the Gift Cards, subject to this Agreement and relevant consumer protection laws of the User’s residency, as stipulated under Articles 6.3, 6.4 and 6.5. FootBond accepts and acknowledges to addressing any technical or operational issues hindering the proper use of Gift Cards promptly and transparently.

6.3. European Union (EU) and European Economic Area (EEA): In accordance with the EU Consumer Rights Directive and relevant legislation of the designated EEA countries the User is residing at, FootBond accepts and ensures that it will provide the following reimbursement options, provided that User’s grant FootBond a 14(fourteen) day notification period, the User in relation to the Gift Cards or the Application:

6.3.1. Request for a replacement, improvement or rectification, provided this does not involve disproportionate effort of FootBond.

6.3.2. Proportional reduction of the price (for any purchased Services)

6.3.3. Terminate withdraw from the Agreement if completion by FootBond through articles 6.3.1 or 6.3.2 are non-compliant to the Applicable Law.

6.4. United Kingdom (UK): In accordance with the UK Consumer Rights Act (2021), FootBond accepts and acknowledges to provide a partial refund for any faulty Services, provided that User’s have received the reimbursements under article 6.4. and grant FootBond a 14(fourteen) day notification period. FootBond has the right to refuse any claims or requests disproportionate to the Service provided.

6.4.1. Partial refund: Users may be entitled to a partial refund in the following circumstances:

·         the cost of replacement is disproportionate to the value of the digital content

·         replacement is impossible.

·         replacement would be unreasonably long

·         replacement has been unsuccessful.

6.5. Other States: Users accept and acknowledge that in accordance with the Applicable Law of the Terms, they have the right to claim or request completion, correction or reimbursement of any Services arising from the Game or In-Game Elements by notifying FootBond within the appropriate notification methods and period stipulated under these Terms.

7.       WHAT IS FOOTBOND

FootBond is a global strategy games platform built on the dynamics of the bond market, where market movements are determined by the events of matches. Players can play and compete without paying any monetary consideration with all functions open.

In the FootBond games, there are different Tournaments, each with games played daily or weekly. Players can participate in any game of their choice from any Tournament.

7.1. Players invest with 1,000 “Credits” provided by FootBond for each portfolio they participate in. The number of matches in the games is determined by FootBond, and investment in each match is mandatory. Players must spend the entire 1,000 Credits. The credit amount to be invested in a team can range from a minimum of 20 to a maximum of 200. In case of a win by the invested teams, profits are earned based on the teams’ rate of return. Rate of returns are calculated by FootBond algorithms based on the performance of the teams and are announced before the game starts. More successful teams have lower rate of return, while relatively less successful teams have higher rate of return. As the score difference increases, so does the profit, and away victories yield higher returns. In the event of a loss by the invested team, losses occur based on the rate of return of the opposing team. Players can increase the rate of return of the team within certain rules using FootBond asset “Token” and double their winnings or prevent loss using “Joker”. At the end of the game, players are ranked based on their earnings, and the contestant with the highest earnings wins the grand prize.

7.2. The amount and nature of rewards vary according to the Tournament type, and rewards such as “Token”, “Joker”, and “Coin” from the FootBond world are given as prizes.

7.3. The earned “Tokens”, “Jokers” and “Coins” are stored in players’ wallets and can be used in any desired FootBond game. Players can convert the “Coins” they earn into Gift Cards. To convert to a Gift Card, the player’s wallet must have at least 1500 “Coins”.

7.4. Players can use the “Tokens,” and “Jokers,” loaded into their wallets in any FootBond game they choose. The “Tokens,” “Jokers,” and “Coins” in the player’s wallet never expire and can be used in all FootBond games throughout each season.

7.5. If desired, players can also convert the earned “Coins” into “Tokens” within the game. 1 “Coin” is equivalent to 100 “Tokens”.

More details could be found in “FootBond Tournaments, Games and Rules” Document in the www.footbond.com or in the application.

8.       FOOTBOND’S RIGHTS AND OBLIGATIONS

8.1. While FootBond will exercise due diligence to ensure that the services offered through the Application are provided in a timely, secure and error-free manner and that the quality of the Service meets the expectations, FootBond makes no commitment regarding the aforementioned issues. In addition, it is not committed that the Application will be accessible/available 24 hours a day, 7 days a week.

8.2. FootBond is entitled to take the below possible actions;

8.2.1. Temporarily suspend the operation of the Application at any time,

8.2.2. Perform technical maintenance, repair and updates in the Application,

8.2.3. Stop using the application completely,

8.2.4. Change the content of the Application, the manner of use, the information required for membership, Profile Information, personalization methods and other issues regarding the Application,

8.2.5. Converting operations that do not require membership to require membership,

8.2.6. Provide additional services on the Application, partially or completely remove existing Services,

8.2.7. FootBond has the right to publish advertisements anywhere within the site of the Application.

8.3. FootBond reserves the right to reject the membership application of those who apply for membership in a manner contrary to the purpose and nature of the Application.

8.4. In the event that the User uses the facilities offered to them outside the scope of the legal remedies provided and/or violates this Agreement, FootBond is unilaterally authorized to stop the User’s use of the Application, suspend their membership account within the Application or terminate their membership. FootBond shall have the right to review the complaint records submitted to it regarding the User and evaluate the records based on all kinds of inappropriate behavior criteria, including but not limited to the use of unlawful and immoral expressions or inappropriate content sharing, and to take necessary measures and to notify the User regarding the subject of the complaint.

8.5. FootBond may transfer, assign or transfer all its rights, powers and obligations under this Agreement to third parties and/or institutions at any time, in whole or in part, without the need to notify the User.

8.6. FootBond is authorized to disclose all data to the competent authorities if duly requested by the authorities in accordance with the provisions of the mandatory legislation. Such disclosure shall not be considered a violation of confidentiality of information or protection of personal data.

8.7. The User shall not be entitled to any compensation or refund in the event that FootBond freezes, suspends or closes the User’s account in any way or for any reason whatsoever; in such event, the User shall not be entitled to any substitution in respect of any In-Game Elements or Services accessed through the account that has been frozen, suspended or closed.

8.8. FootBond reserves the right, at its sole discretion, to unilaterally change the provisions of this Agreement at any time and without any notice to the User, unless otherwise specified herein. It is the sole responsibility of the User to follow such updates that may be made to the Agreement and if the User continues to use the Application after such changes, it is deemed to have accepted such changes.

9.       TERMS AND CONDITIONS REGARDING GAMES AND IN-GAME ELEMENTS

9.1. The rules for playing the Games can be viewed at Clause 7, more details could be found in  “FootBond Tournaments, Games and Rules” Document in the www.footbond.com or in the application. Participation in the Games by the User on the Application is free of charge.

9.2. Users accept, declare and undertake that the In-Game Elements do not have any monetary value other than Coins which can be converted into Gift Cards as defined in Clouse 2.1 / Gift Card to be used within the scope specified in the link www.footbond.com/awards/ Coins are not products of relative nature and cannot be exchanged for real-life products or services.

9.3. FootBond reserves the right to control, regulate, modify or remove In-Game Elements at its sole discretion.

9.4. In the event that the User’s account is frozen, suspended, closed or access to the User’s account is restricted in accordance with the provisions of this Agreement, the relevant User agrees, represents and guarantees that they may lose access to the In-Game Elements through their account in the Application and shall not claim any vested rights. For the avoidance of doubt, the User agrees, acknowledges and guarantees that in the event of the closure of the Application, the User shall not be entitled to claim the In-Game Elements accumulated under any terms and conditions.

10.   TERMS AND CONDITIONS REGARDING PRIZES AND THEIR DISTRIBUTION

10.1. Prizes offered as part of competitions, events or promotions organized within the Application are subject to certain conditions and rules. Prizes are offered in accordance with the terms, relevant milestones and prize policies announced by FootBond and set out in the Application.

10.2. Users must fulfill the conditions set by the relevant competition, event or promotion in order to be eligible to win prizes. Prize eligibility requirements are determined and announced uniquely for each contest or event.

10.3. Winning Users will receive their prizes in the pre-announced manner. The prizes may be uploaded to the User’s account on the Application, transmitted via electronic mail or made available by FootBond by any other method specified by FootBond in the future. The User agrees and acknowledges that the prize will be provided in the form of a Gift Card. The User will be able to convert their Coins into Gift Cards only through the Application.

10.4.  The User agrees that the In-Game Elements available in the User’s Application account may be used in the current activities within the Application and only Coins may be converted to Gift Cards. FootBond shall, at its sole discretion, determine the minimum number of Coins required for Coins to be redeemable for Gift Cards; at the date of entry into force of this Agreement, the minimum amount of Coins shall be 1500 Coins. For the avoidance of doubt, the User may not request a Gift Card before reaching that amount of Coins. FootBond may make Gift Cards available to the User in certain portions for commercial reasons.

10.5. The User agrees and guarantees to use the Gift Cards exclusively for their personal purposes and not to use, sell, transfer or otherwise use such Gift Cards for commercial purposes. In addition, the User agrees and acknowledges that FootBond shall have no liability in the event that the Gift Cards are used in violation of applicable laws and that the User shall assume all liability arising from such behavior.

10.6. The distribution of Gift Cards may vary depending on the User’s country code of the GSM Phone Number. FootBond reserves the right to contract with third-party service providers in order to ensure the distribution of Gift Cards.

10.7. The list of countries in which Gift Cards are provided by FootBond can be found at www.footbond.com/awards/. The User agrees that FootBond may change this list in order  to meet commercial and legal obligations. FootBond, in agreement with Gift Cards service providers which distribute Gift Cards in the countries where the relevant service providers operate. In some countries FootBond may deliver Gift Cards directly.

10.8. When the User enters the Gift Card redemption menu, the User’s country of registration is identified through the User’s GSM number. In cases which Gift Card distribution and usage is carried out in the country where the User is registered, this information is clearly notified to the User and the transaction continues. In case there is no Gift Card distribution and / or usage in the country of registration of the User, the User will be notified about the situation; in this case, the User will be able to use the Gift Card in a different country of their choice if applicable.

10.9. GoGift.com A/S (GoGift) is the official gift card provider of FootBond. The User may visit the GoGift official website to redeem the Gift Cards by selecting the country of their choice and complete the transaction there. FootBond is not authorized to supervise and control GoGift or other third-party service providers and cannot be held responsible for the actions of third-party service providers under any terms and conditions.

11.   DECLARATION OF NON-LIABILITY

11.1. FootBond agrees no liability whatsoever for any indirect or direct damage or loss arising out of the Application or the Links, whether or not caused by a failure to use the Application or the Links, with or without notice of any such potential damage or loss (including, without limitation, any direct or indirect damage, loss of profits, loss of anticipated savings, loss of data, loss of reputation or any damage resulting from business interruption). If any applicable law states that the scope of liability cannot be limited in full, FootBond and the User acknowledge and agree that FootBond’s liability is limited to the fullest extent permitted under such law.

11.2. FootBond in no way warrants that the information and content published on the Application reflects the truth or is lawful. Therefore, each User is obliged to check whether the information, data and other material contained in the Application reflects the truth or whether it is illegal before operating on the Application and agrees, acknowledges and guarantees that it will not make any claim against FootBond in any way for any damage it may suffer or be responsible for.

11.3. Through the Application, FootBond may provide URL addresses to other websites and/or platforms, files or content owned and operated by third-party vendors, providers and other third parties not under FootBond’s control. These addresses are not intended to endorse the website or the person operating the relevant platform, nor do they constitute a representation or warranty of any kind regarding the website, or the information contained therein. FootBond has no responsibility for the services, products or content of any portals or websites accessed through the Links on the Application.

11.4. FootBond shall not be liable to any person using the Platform as a User under this Agreement for viewing, purchasing and/or using any services or products offered through the Platform on the Platform if such person has not reached the age of 18 (Eighteen) as of the day they access the Platform. FootBond has no obligation to supervise the aforementioned matter; it has the right to take the necessary actions if it determines or learns that the User is under the age of 18 (Eighteen). For the avoidance of doubt, the necessary actions shall include blocking the User’s access to their account, deleting their account and all other necessary actions.

11.5. FootBond guarantees that it will not process, store or transfer the personal data of persons under the age of 18 (Eighteen), who are minors. FootBond has prohibited the use of the Application by persons under the age of 18 (Eighteen) and FootBond shall not be responsible for the viewing and use of the Application by such persons and the sharing of personal data with other activities.

11.6. FootBond shall not be liable in any way, directly and/or indirectly, for any damages incurred or that may be incurred as a result of the User transferring their account and making it available to third parties.

11.7. FootBond shall not be bound by the acts, omissions or conduct of the User or any third-party, advertisers and/or sponsors in relation to the use of the Application, to the extent permitted under applicable law.

11.8. FootBond shall not be liable for any material or immaterial damage suffered by third parties in connection with the direct or indirect activities of the User on the Application, nor shall FootBond be held liable for any infringement of rights that may occur through such activities. In such cases, all responsibility shall belong to the User who causes the violation.

11.9. Transactions arising from all legal changes that will take place outside the scope of this Agreement are outside the responsibility of FootBond and will be reflected in the Agreement in the same way.

11.10. The User shall be liable for all damages in the event that they access the Application through Devices that do not belong to them or are not suitable for running the Application and therefore cause any person to suffer material and/or moral damages.

11.11. FootBond shall not be liable to the User or any third-party for any delays, temporary suspension or complete interruption of the Application due to technical maintenance, repairs and updates.

11.12. FootBond has the right to publish the information made public by the User  in the Application and other media and for the purpose of promoting Application within the framework of the service policy and good faith.

11.13. FootBond shall not be liable for any failure or delay in fulfilling its obligations under the Agreement in whole or in part due to objective impossibilities such as natural disasters, terrorist incidents, war, military practices, widespread epidemics of epidemic/pandemic nature and related governmental measures and/or intense transportation restrictions, natural disasters such as fire, earthquake, loss of energy and workforce, damage to servers, infiltration of network systems, which may be called force majeure. FootBond reserves the right to temporarily suspend or discontinue the services offered on the Application until the force majeure event is overcome, without incurring any additional liability per the scope of the Declaration of Non-Liability set out in Clause 8 of this Agreement.

11.14. FootBond provides the Application “AS IS” without making any commitments and warranties beyond the minimum extent required by applicable legal rules in relation to the Application and expressly disclaims any implied representations and warranties, including but not limited to fitness for a particular purpose and merchantability.

11.15. In this context, FootBond shall not be liable for any direct or indirect damages arising from the Application due to the User’s inability to use the Application at all, correctly or in accordance with its purpose for any reason whatsoever, the inability to access the Application, any software, hardware, system failure and/or the inaccessibility/unavailability of the Application due to operating system or connection problems, viruses, worms and any similar harmful software or programs and similar factors and/or power failure, voltage fluctuations.

12.   PERSONAL DATA PROTECTION AND COOKIE POLICY

12.1. Personal data belonging to the User, which are processed due to the services and opportunities offered by FootBond, are processed in accordance with the current legislation in force, in particular the Law on the Protection of Personal Data No. 6698 (Türkiye), General Data Protection Regulation of the European Union (GDPR), and in accordance with the Privacy Policy, which can be accessed via FootBond. In this respect, please refer to the Platform Privacy Notice before navigating on the FootBond Application.

12.2. During the time the User visits the FootBond Web Site, cookies are used to provide Services of the Platform. Please refer to the Platform Cookie Policy for further information.

13.   NOTIFICATIONS

13.1. Pursuant to this Agreement, the User may contact FootBond by sending an e-mail to info@footbond.net for notifications (including but not limited to requests, wishes, complaints and opinions) they wish to make to FootBond.

13.2. FootBond may send notifications through the e-mail address shared by the User during the membership phase regarding the use of the Application, the purchase of subscription packages and other transactions carried out. Notifications made in this manner shall in any event be deemed to have actually reached the User and shall have all the consequences of a legally valid notification.

13.3. Unless the User notifies the changes in the e-mail address and other contact information in writing, notifications to the e-mail address shared by the User shall be deemed valid even if they do not actually reach the User and shall have all the provisions and consequences of a legally valid and binding notification.

14.   SEVERABILITY AND WAIVER

14.1. The rules, policies and practices made available to the User through the Application and/or web site are required to be complied with by the User within the scope of the use of the Application and which may be unilaterally amended by FootBond from time to time constitute an integral part of the Agreement.

14.2. The invalidity, unlawfulness or unenforceability of any provision of this Agreement or any statement contained herein shall not affect the force, validity or enforceability of the remaining provisions of the Agreement.

14.3. The failure or delay by FootBond to exercise or enforce any right granted to it under the Agreement shall not constitute a waiver of such right and shall not prevent the subsequent exercise or enforcement of such right.

15.   EVIDENTIARY CONTRACT

15.1. In any dispute that may arise out of this Agreement, FootBond’s records shall prevail in all disputes that may arise out of this Agreement, the User’s investments, the assets in their accounts, the number of tokens/jokers they spend in tournaments, the rate of returns of the teams, postponed matches, canceled matches, the scores obtained by the players in the game, tournament rankings, tournament match scores and the number of yellow/red cards, the prizes won by the players and any information kept by FootBond, whether or not FootBond is mentioned. Any data provided by FootBond for informational purposes shall not bind FootBond and FootBond shall not be a party to any dispute arising therefrom. FootBond transmits statistical data to players as received from a third-party. Information provided while matches are being played is not final, the ranking is based on final calculations after the end of the matches and prizes are distributed after final calculations. Players cannot claim any rights in case of any difference between the data transmitted for informational purposes and the final calculation.

16.   APPLICABLE LAW AND JURISDICTION

16.1. Turkish Law shall be applied for the resolution of all disputes arising in relation to this Agreement, with jurisdiction given to courts located within the Istanbul (Central) Courts and enforcement offices within Istanbul, Türkiye.

17.   TERMINATION OF THE AGREEMENT

17.1. The parties may terminate this Agreement at any time. In the event that the User terminates this Agreement, the use of the Application or any use of the Application must be stopped and FootBond shall delete the User’s FootBond account upon the use of the “Permanently Delete My Account” option on the Account Information page of the application by the User seeking to terminate their membership.

17.2. FootBond has the right to terminate the Agreement immediately without any notice and to suspend the User’s access to the Application if the User violates any provision of this Agreement.

17.3. By approving this Agreement electronically in order to become a member of the Application, the User agrees, acknowledges and guarantees that they have read the Agreement, understood its content and provisions and will be bound by this Agreement when it comes to the transactions to be performed within the scope of the Application.