Terms of services

Effective Date: April 17, 2025

We are Catchy Yazılım Limited Şirketi (together with our affiliates and licensors, “Catchy Yazılım Parties”). These Terms of Service (“Terms”) define your and our rights and obligations under a legally binding contract. Please read these Terms carefully.

IMPORTANT NOTICE ABOUT ARBITRATION.
IF YOU ARE LOCATED IN A JURISDICTION THAT RECOGNIZES MANDATORY ARBITRATION PROVISIONS, THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS. YOU MAY OPT OUT AS PROVIDED IN SECTION 13(C)(iii).

1. Terms and Binding Effect

By clicking to accept these Terms or by using any of our websites, applications, mobile games, or online services (collectively, our “Services”), you agree to be bound by these Terms. “Services” includes any part thereof. We may modify these Terms at any time; we’ll post changes at https://catchy.games/terms-of-service/. Continued use after posting constitutes acceptance of the updated Terms. These Terms are the entire agreement between you and Catchy Yazılım Limited Şirketi regarding these Services.

2. Privacy

See our Privacy Policy for details on what data we collect, how we use it, and your choices. You consent to our data practices as described there.

3. Age of Users

  • Under 13: Not allowed to use our Services.
  • Ages 13–17 (“Teenaged Minors”): May use only with parent or guardian permission. A parent/guardian must (i) review these Terms, (ii) supervise use, (iii) set appropriate time limits, (iv) ensure compliance, and (v) be legally responsible for the teen’s actions.

4. Your Obligations

You agree not to:

  • Use Services in violation of applicable law or if we tell you to stop.
  • Share, sell, rent, or gift your account or game progress.
  • Create accounts with false information or for others.
  • Abuse support services or our Community Guidelines.
  • Harass, threaten, or discriminate against others.
  • Cheat, hack, tamper with, or overload our Services or servers.
  • Reverse‑engineer, decompile, or derive source code.
  • Host, emulate, intercept, or modify our communication protocols.
  • Transmit malware, spam, ads, or unauthorized solicitation.
  • Collect others’ personal data for commercial or harassing purposes.
  • Remove or obscure proprietary notices.
  • Use payment cards without authorization.
  • Encourage others to violate these Terms.

5. Virtual Items

We may offer “Virtual Items” (in‑game currencies, items, etc.) for personal, non‑commercial use. Virtual Items have no real‑world value; we may modify or revoke them at any time without liability. You receive a limited, non‑transferable, revocable license to use them only as permitted. You may not transfer, resell, or trade Virtual Items for real‑world money. Any attempt will result in suspension or termination. You agree not to claim any ownership or monetary value in Virtual Items.

6. Intellectual Property

All rights in our Services (code, artwork, characters, trademarks, branding, server software, etc.) belong to or are licensed by Catchy Yazılım Limited Şirketi. You acknowledge you have no property rights in the Services or Virtual Items.

7. Fees, Refunds, and Returns

All payments for Services (including Virtual Items) are non‑refundable except at our sole discretion or as required by law. You remain liable for all charges made through your account or app marketplace.

8. User Content

“User Content” is any content you upload or transmit. You must own or control rights to it. You grant Catchy Yazılım Parties an irrevocable, worldwide, royalty‑free license to use, reproduce, adapt, publish, and distribute your User Content in any format. We may remove any User Content at our discretion.

9. Limited Permission to Use Our Services

Subject to your compliance with these Terms, we grant you a conditional, non‑exclusive, non‑transferable, revocable license to use our Services for personal entertainment only.

10. Copyright Infringement

If you believe any content infringes your copyright, notify us at the address in Section 16 with all required information (identification of the work, infringing material, contact details, good‑faith statement, and signature).

11. DISCLAIMERS; LIMITATIONS OF LIABILITY; AND RELATED PROVISIONS

Because the laws of the European Economic Area (“EEA”), United Kingdom and Switzerland (collectively, “EEA+”) are different from some other laws, these Terms include one subsection that applies only if you are located in the EEA+ (Subsection 11(A) below) and one subsection that applies only if you are located outside the EEA+ (Subsection 11(B)).

A. If you are located in the EEA+

This Subsection 11(A) only applies if you are located in the EEA+.

  1. Liability for Loss or Damage.
    Provided that we have acted with professional diligence, we do not take responsibility for loss or damage, unless it is:
    (1) caused by our breach of these Terms; or
    (2) reasonably foreseeable at the time of entering into these Terms (i.e., it is obvious that it will happen or, at the time you and we entered into this contract, it was known that it might happen).
    Nothing in these Terms is intended to exclude or limit our liability for death or personal injury, fraud, fraudulent misrepresentation, or any liability that cannot be excluded by law.
  2. Investigation and Suspension.
    If we suspect that you have breached these Terms, we may investigate. While we do so, we may suspend your access to our Services—acting reasonably and objectively, depending on the seriousness of the suspected breach and only to the extent permitted by applicable law and our legal obligations. We may then decide to temporarily suspend or permanently terminate your access if:
    (1) we determine, reasonably and in accordance with applicable law, that you are in material or repeated breach;
    (2) we have objective grounds to reasonably believe you are about to seriously breach;
    (3) we are legally required to do so; or
    (4) we have objective grounds to reasonably believe it is necessary to address a serious technical or security issue.
    If you believe we made a mistake, you may appeal by writing to the address in Section 16.
  3. Statutory Withdrawal Right.
    If you reside in the EEA, you have a statutory right to withdraw from these Terms within 14 days (see Appendix 1).
  4. Warranty of Conformity.
    Our Services may be covered by the statutory warranty of conformity under Directive EU/770/2019, as implemented in your country, for as long as we provide them. We will inform you of and provide any necessary software/security updates to keep Services in conformity with these Terms or applicable laws. We strongly recommend you install updates promptly. If you identify non‑conformity, notify us at the address in Section 16. We will review and, if necessary, restore conformity free of charge within a reasonable time. If we cannot, you may terminate these Terms and suspend use.

B. If you are located outside of the EEA+

This Subsection 11(B) only applies if you are located outside of the EEA+.

  1. No Warranties or Conditions.
    OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CATCHY YAZILIM PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‑INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR‑FREE. THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CATCHY YAZILIM PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICES.
  2. Limitation of Liability.
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, CATCHY YAZILIM PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, LIQUIDATED, PUNITIVE, OR OTHER SIMILAR DAMAGES, OR ANY DAMAGES IN EXCESS OF ACTUAL HARM, INCLUDING LOSS OF REVENUES, PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, OUR LIABILITY IS LIMITED TO THE AMOUNT YOU PAID TO US FOR LIMITED ACCESS TO VIRTUAL ITEMS IN THE LAST TWELVE MONTHS.
  3. Access at Our Discretion.
    We may limit, suspend, modify, or terminate your access to our Services at our sole discretion and without notice, including if you fail or are suspected of failing to comply with these Terms or for any illegal or improper use. Such action does not affect any other rights we may have under applicable law.
  4. Defense and Indemnification.
    You agree to defend and indemnify Catchy Yazılım Parties against any third‑party claim, demand, suit, or proceeding (“Dispute”) arising from your use of our Services or breach of these Terms. You will cover all damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) incurred by us. We will notify you of any such Dispute and provide reasonable assistance at your expense—failure to give notice does not relieve you of your obligations except to the extent you are materially prejudiced.
  5. Exception for Gross Negligence or Willful Misconduct.
    Nothing in these Terms excludes or restricts liability for our gross negligence, willful misconduct, or any liability that cannot be excluded by law.

B. If You Are Outside the EEA+

  • Services are provided “AS IS” and “AS AVAILABLE.” All warranties are disclaimed to the fullest extent permitted by law.
  • Catchy Yazılım Parties are not liable for indirect, incidental, consequential, punitive, or special damages, or more than what you paid for Virtual Items in the last 12 months.
  • We may suspend or terminate your access at our discretion.
  • You agree to defend and indemnify Catchy Yazılım Parties against third‑party claims arising from your use of the Services or breach of these Terms.

12. Trademark

Unauthorized use of our or our licensors’ trademarks (including “Catchy Yazılım”, “CivRise” and “Digs”) is strictly prohibited.

13. Dispute Resolution and Governing Law

A. Governing Law. These Terms are governed by the laws of Türkiye, except where prohibited by your local laws.

B. Forum Selection (if Arbitration Doesn’t Apply). If arbitration is unenforceable in your jurisdiction, disputes go to the exclusive jurisdiction of the courts of Ankara.

C. Binding Arbitration. Unless you opt out (see (iii) below), all disputes shall be resolved by final and binding arbitration in Ankara under the rules of the Istanbul Arbitration Centre. Key points:

  1. Scope: Broad waiver of court claims, including class actions.
  2. Opt‑Out: You have 45 days from first acceptance to send a signed opt‑out notice (with your name, address, email, and phone) to the address in Section 16.
  3. Pre‑Arbitration Notice: Before initiating arbitration or small‑claims court action, send a “Dispute Notice” to [email protected]; wait 60 days for our response.
  4. Procedures: One arbitrator; English; virtual hearings by default; limited discovery; confidential.
  5. Fees: Each party bears its own fees; we reimburse filing fees for claims under $1,000 and cover additional fees if needed to prevent prohibitive costs.
  6. No Class Actions: Only individual claims in arbitration; no representative or class proceedings.
  7. Appeals: Either party may appeal to a three‑arbitrator panel within 30 days.
  8. Survival & Severability: These arbitration terms survive termination.
  9. Waiver of Jury Trial: Both parties waive jury trials where permitted.

14. Severability

If any term is found unenforceable (aside from the arbitration class‑action waiver), the remainder of these Terms remains in effect.

15. Force Majeure

We aren’t liable for delays or failures due to events beyond our control (acts of God, war, terrorism, strikes, pandemics, etc.).

16. Notice by Mail

To contact us regarding these Terms, send first‑class mail or courier to:

Catchy Yazılım Limited Şirketi
Üniversiteler Mahallesi, İhsan Doğramacı Blv.
ARGE ve Eğitim Merkezi No: 13
06800 Çankaya / Ankara / Türkiye

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.