Grand G. – Hotel Match — Terms of Service
Please read these Terms of Service ("Terms") and our Privacy Policy carefully before using any of our Services. These Terms are a legally binding contract between you and Sortis Oyun Yazılım ve Pazarlama Limited Şirketi ("Sortis Games", "we", "us" or "our"), a limited liability company organized under the laws of the Republic of Türkiye. Our registered address is Göktürk Merkez Mah. Kılıncı Göl Sk. No: 7D1 İç Kapı No: 1, Eyüpsultan, İstanbul, Türkiye. Our email address is support@sortisgames.com and our phone number is +90 533 611 98 91. Our MERSİS number is 0775099675900001.
These Terms apply to your download, access and use of our mobile game Grand G. – Hotel Match (the "Game"), our websites (including sortisgames.com), and any related services we provide, such as player support, in-app purchases, events, leaderboards, community features and marketing sites (collectively, our "Services"). Any reference to our "Services" also refers to any part of our Services. Some features described in these Terms (such as account linking and Teams) may not yet be available; where a feature is not available, the provisions about it do not yet apply.
If you reside in the European Economic Area, the United Kingdom or Switzerland (collectively, "EEA+"), please also note the EEA+-specific clauses in Section 20. If you reside in the Republic of Türkiye, please also note Section 21. If you reside in California, please also note Section 22.
THIS PARAGRAPH DOES NOT APPLY TO YOU IF YOU RESIDE IN THE EEA+ OR IN ANY OTHER JURISDICTION THAT DOES NOT RECOGNIZE MANDATORY ARBITRATION PROVISIONS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND MANDATORY BINDING ARBITRATION PROVISION ON AN INDIVIDUAL BASIS, INCLUDING A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER, WHICH AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE ARBITRATION PROVISION AND CLASS ACTION WAIVER AS DESCRIBED IN SECTION 19(c).
1. Acceptance of Terms; Changes
You accept these Terms by downloading, accessing or using our Services and, where we present a button that signifies acceptance (when you first open the Game or when we present updated Terms to you), by tapping that button; you confirm your acceptance each time you use our Services. Do not use our Services if you do not agree to these Terms.
We may modify these Terms from time to time. If we make a material change, or any change to Section 19 (Governing Law and Dispute Resolution), we will present the updated Terms to you in the Game and ask you to accept them before you continue to use our Services. Other changes take effect when posted, and your continued use of our Services after the effective date constitutes acceptance. If you reside in the EEA+, material changes that are unfavorable to you take effect only after reasonable advance notice, and you may terminate these Terms and stop using our Services before they take effect. Where required by law, we will notify the app marketplace through which you obtained the Game of significant changes to these Terms so that any required parental consent can be renewed.
These Terms constitute the entire agreement between you and us relating to their subject matter and supersede all prior agreements, representations and understandings regarding our Services. The word "include" and its variants mean "including without limitation."
2. Privacy
Our Privacy Policy, available at sortisgames.com/en/privacy and in the Game under Settings, explains what personal data we process, how and why we use it, and the choices and rights you have. Please review it carefully. Where we rely on your consent for a particular processing activity (such as tracking under the iOS App Tracking Transparency framework), we will request that consent separately as described in the Privacy Policy. If you do not agree with the Privacy Policy, you must stop using the Services.
3. Eligibility and Age Requirements
Our Services are intended for a general audience of adults and older teens and are not directed to children. You may not use our Services if you are under 13 years of age (or under any higher minimum age that applies where you live, such as the age of digital consent in your EEA+ country) (the "Minimum Age"). By downloading or using our Services you represent that you are at least the Minimum Age. We do not ask for your age when you use our Services.
If you are at least the Minimum Age but under 18 (or the age of legal majority where you live), you are a "teenaged minor" and may use our Services only if your parent or legal guardian has read these Terms and agrees to them on your behalf. If you are the parent or legal guardian of a teenaged minor and permit their use of our Services, you agree to: (i) supervise their use; (ii) use the parental controls available on their device and app marketplace account (such as purchase-approval settings) as you consider appropriate; (iii) ensure their use complies with these Terms; and (iv) accept legal responsibility for their acts and omissions in connection with our Services, including purchases made through your payment methods. Where an app marketplace provides us with an age category or parental-consent signal for your account, we will act on it as required by law.
4. Your Account; Saving Your Progress
When you first play the Game, we automatically create a game profile associated with a randomly generated player ID (your "Account"). Your player ID is shown in Settings and is the key to your progress and to any support or privacy request.
Your progress is stored on our servers, but until account linking becomes available it can be accessed only from the device on which you first played. Your Account — including your progress, your Coins and your Diamonds (including Diamonds you have purchased) — is tied to a credential held on that device. If you change, reset or lose your device, or uninstall the Game, you may permanently lose access to your Account and its Virtual Items, and we may be unable to restore that access. When account linking is available, you may link your Account to your Apple ID or Google Account from Settings so that your progress can be recovered and moved between devices; we will announce this in the Game.
You agree that you will not: (i) sell, rent, share, transfer or give away your Account or any game progress; (ii) use your Account for commercial purposes; (iii) create an Account using a false identity or on behalf of anyone other than yourself; or (iv) access or use anyone else's Account. You are responsible for the security of the devices and any third-party credentials used to access your Account and for all activity occurring under your Account.
You may delete your Account at any time in the Game under Settings > Delete Account or on our website at sortisgames.com/en/delete-account using your player ID. Deletion is described further in Section 16 and in our Privacy Policy. If you delete your Account, all game progress and all unused Virtual Items, including purchased Diamonds, are permanently lost and cannot be restored.
5. Limited License to Use Our Services
Subject to your continuing compliance with these Terms and any other applicable policies, we grant you a personal, conditional, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to install and use our Services on a compatible device that you own or control, solely for your own non-commercial entertainment purposes. No other rights are granted, whether by implication or otherwise. All rights not expressly granted are reserved by us and our licensors.
This paragraph does not apply if you reside in the EEA+: You may not engage in any act that we reasonably determine conflicts with the spirit or intent of our Services, and we reserve the right to determine what conduct violates these Terms.
6. Virtual Items: Coins, Diamonds, the Piggy Bank and Timed Items
Our Services include two virtual currencies and various virtual items, boosters, power-ups, lives, decorations, avatars and other content or features ("Virtual Items"). Virtual Items may be earned through gameplay, granted by us, or (in the case of Diamonds and certain bundles) acquired by in-app purchase. You can play the Game without paying for Virtual Items.
Coins. Coins are earned by playing Match-3 levels, as Arcade rewards, in events and through the daily login calendar. We do not sell Coins for real money, and Coins cannot be obtained by converting Diamonds. Coins can be used only to spin in the Arcade (including, where offered, to buy Free Spins with Coins) and, at your choice, to convert one-way into Diamonds at the rate shown in the Shop.
Diamonds. Diamonds are earned by completing levels and other in-game achievements, obtained by converting Coins, or purchased with real money through the Shop. Diamonds can be used only for Match-3 assistance: extra moves, refilling your lives, initiator boosters and power-ups (including power-ups, such as the VIP Diamond Token, that charge the In-Game Spinner described in Section 8). Diamonds cannot be used in the Arcade. Diamonds are consumable: once spent, they are gone.
Piggy Bank. The Piggy Bank saves a share of the Coins you spend when you spin in the Arcade. Once it reaches the displayed threshold you may open it for a fixed real-money price shown in the Game. Opening the Piggy Bank pays out Diamonds only, never Coins, at the conversion rate shown when you open it.
Timed Items. Some bundles include unlimited use of a booster, power-up or lives for a stated period. The period starts when the purchase is delivered to your Account, runs in real time, and does not pause when you close the Game. Timed Items are used up when the period ends.
Virtual Items exist solely within our Services, have no monetary or real-world value, cannot be redeemed, sold, transferred or exchanged for real money, goods or anything of value outside the Game, and do not constitute your property. When you obtain Virtual Items you receive only a limited, personal, revocable, non-transferable, non-sublicensable license to use them within our Services. All Virtual Items remain our sole property. Any attempt to trade Virtual Items outside the Game, or to buy or sell Virtual Items for real money (including through third-party marketplaces), is prohibited and may result in suspension or termination of your Account and forfeiture of the Virtual Items involved.
This paragraph does not apply if you reside in the EEA+: We have the right to manage, regulate, control, modify or eliminate Virtual Items at any time, and to adjust the prices, features, availability, drop rates and balance of Virtual Items and game content (including through server-side configuration), with or without notice, and we will have no liability to you for exercising these rights. All access to Virtual Items may be forfeited if your access to our Services is suspended or terminated for any reason, or if we discontinue the Services. You acknowledge that, except as required by applicable law, you will not be refunded or compensated for unused Virtual Items when the Services terminate or your access is suspended or terminated.
7. Purchases, Payments and Refunds
In-app purchases are processed exclusively by the app marketplace through which you downloaded the Game (the Apple App Store or Google Play) (the "Platform"). We do not collect or store your payment card details. Your purchase is subject to the Platform's own terms and payment terms in addition to these Terms. Prices are displayed in the Platform storefront and may vary by region; applicable taxes may be added or included as indicated at the point of sale. Before you confirm a purchase, the Game shows you what you will receive.
When you purchase Virtual Items, the corresponding license is delivered to your Account immediately upon confirmation of the transaction. Except where applicable statutory rights provide otherwise, all purchases are final and non-refundable. Purchased Diamonds and other Virtual Items are consumables and are lost if you delete your Account, and you may lose access to them if you lose access to the device holding your Account credential before account linking is available (see Section 4). If you believe you were charged in error or did not receive a purchased item, please first contact us through the in-game help function; for billing disputes you may also need to contact the Platform, since it processed your payment. You are responsible for all charges incurred through your Platform account, including charges made by others whom you allow to use your device or payment method.
If you reside in the EEA+, you have a statutory 14-day right of withdrawal from contracts for digital content concluded online. By purchasing Virtual Items and requesting immediate delivery, you expressly consent to immediate performance and acknowledge that you lose your right of withdrawal once delivery of the digital content has begun, to the extent permitted by Directive 2011/83/EU as implemented in your country. Instructions on exercising the right of withdrawal, where it applies, are in Appendix 1, and we encourage you to use the refund processes of the relevant Platform (Apple: support.apple.com/118223; Google: support.google.com/googleplay) as the fastest route.
If you reside in Türkiye, the exception to the right of withdrawal for services performed instantly in electronic form and for intangible goods delivered instantly under the Distance Contracts Regulation (Mesafeli Sözleşmeler Yönetmeliği) applies to purchases of Virtual Items delivered immediately to your Account.
8. The Arcade and the In-Game Spinner; No Gambling
The Arcade. The Arcade is a random-outcome feature. The Arcade can be used only with Coins, which cannot be bought with real money and cannot be obtained from purchased Diamonds. Diamonds, purchased bundles and power-ups cannot be used in the Arcade and do not influence its outcomes. The Arcade is designed so that, over time, players spin more Coins than they win back. Outcomes are generated by our servers according to configured probabilities; no outcome is guaranteed in any individual spin, and past results do not affect future results. Arcade rewards consist of Coins and other Virtual Items only.
The In-Game Spinner. The In-Game Spinner is a separate random gameplay feature that appears during Match-3 levels. It charges as you make matches and, when full, awards a randomly selected gameplay assist for the current level only (such as a board upgrade or extra moves), or no assist. It does not take Coins, Diamonds or any other stake, and it never awards Coins, Diamonds or anything usable outside the level in which it is triggered. Certain power-ups, including the VIP Diamond Token, which can be earned or purchased with Diamonds, charge the In-Game Spinner faster; they do not change the probability of any particular outcome. Some other power-ups (for example, The Die) also include a random element in their effect.
No gambling. Nothing won in the Arcade or from the In-Game Spinner can be cashed out, redeemed for money, or transferred outside the Game (see Section 6). Our Services do not offer gambling, wagering, betting, or any opportunity to win real money or real-world prizes. Success in our Services does not imply future success at real-money gambling. The Game requires you to apply your own skill in the Match-3 levels and is not determined solely by luck or chance.
You are responsible for ensuring that your use of our Services, including the Arcade, the In-Game Spinner and related power-ups, is lawful where you live. If any of these features are prohibited where you live, you must not use them. We may limit, modify or disable the Arcade, the In-Game Spinner or any related Virtual Item in any territory at any time.
9. Advertising and Offers
The Game shows optional rewarded advertisements that grant Virtual Items in exchange for your choosing to view third-party ad content, up to a daily limit. You are never required to watch an advertisement to play. Advertisements are served by third-party advertising networks (currently Google AdMob); if you interact with an advertisement or visit an advertiser's site, you do so subject to the advertiser's own terms and privacy policy, and we are not responsible for advertisers' content, products or services. The availability, frequency and rewards of advertisements may change at any time, and an advertisement may not always be available when you look for one. Any personalization of advertising is subject to the choices described in our Privacy Policy, including the consent form shown in the Game where required and the iOS App Tracking Transparency prompt.
We may offer time-limited events, sales, bundles and offers whose content, pricing and availability may vary between players and over time, and which may be selected based on your play and purchase history, including through server-side configuration and testing intended to improve the game experience. No offer or event creates any entitlement to identical offers in the future.
10. Rules of Conduct; Fair Play and Anti-Cheat
You agree that you will not do, or attempt to do, or encourage anyone else to do, any of the following:
- Use our Services where the laws applicable to you prohibit it, or after we have told you to stop using our Services;
- Cheat, hack, or use exploits, bots, scripts, automation software, mods, or any unauthorized third-party software designed to modify, interfere with, or gain unfair advantage in our Services;
- Obtain or attempt to obtain Virtual Items outside official in-game channels, exploit bugs to alter progress, balances or rewards, or tamper with client, server or network communications (our Coin, Diamond and reward systems are server-authoritative, and discrepancies caused by tampering may be corrected, reversed or forfeited);
- Reverse-engineer, decompile, disassemble, datamine or otherwise attempt to derive the source code, algorithms, level data or server protocols of our Services, except to the extent this restriction is prohibited by applicable law;
- Probe, scan or test the vulnerability of, or interfere with, damage, overburden or disrupt, our Services, servers or systems, including by transmitting malware, flooding, spamming or denial-of-service activity;
- Harass, threaten, abuse, or violate the rights (including intellectual property, privacy and publicity rights) of other players or any third party, or use hateful, obscene, defamatory or otherwise objectionable language in any interactive feature, including your Player Name;
- Impersonate any person or entity, use a payment instrument without the holder's authorization, or abuse our player support, refund or appeal processes;
- Collect or harvest personal data about other players, transmit unsolicited advertising or solicitations, or use the Services or any Account for commercial purposes;
- Remove, alter or obscure any proprietary notices, or use our or our licensors' trademarks without authorization.
We may employ technical measures to detect and prevent cheating and fraud, including server-side validation of purchases, scores and rewards. If we detect or reasonably suspect a violation, we may take proportionate action including correcting balances, removing scores, revoking Virtual Items, and suspending or terminating your access (see Section 17).
11. Leaderboards, Events and Computer-Controlled Participants
Our Services include competitive and social features such as weekly leaderboards, win-streak features and time-limited events, and may in future include Teams. Your Player Name, highest level and biggest Arcade reward (and, when avatars become available, your avatar) are visible to other players on leaderboards and, when Teams become available, in Teams.
Some leaderboards and events may include computer-controlled (simulated) participants in addition to real players, for example so that events can start and finish on time regardless of how many players are taking part. Where computer-controlled participants are present, we say so on the relevant screen or in the event rules. Computer-controlled participants do not appear on the Highest Arcade Reward leaderboard and do not reduce the rewards available to real players except as the event rules state. Where rewards depend on ranking, rankings are determined by the disclosed event rules. We may remove scores, adjust rankings or withhold rewards obtained through cheating, exploits or violations of these Terms. Event schedules, rules, rewards and availability may change and may differ between players and regions.
12. User Content
Our Services may allow you to submit content such as a Player Name, support communications and, when those features are available, an avatar selection and team names and emblems ("User Content"). You are solely responsible for your User Content and your interactions with other players. You represent that your User Content does not violate any law or any third party's rights, and you agree not to submit User Content that is unlawful, infringing, hateful, harassing, obscene, deceptive, or that impersonates another person or contains advertising.
By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to host, store, use, reproduce, modify, adapt, publish, translate, distribute and display that User Content for the purposes of operating, providing, promoting and improving our Services, for as long as is necessary for those purposes. If you reside in the EEA+, this license is granted for the duration of the applicable intellectual property rights, but you may end it prospectively by deleting the relevant User Content or your Account, except where continued use is permitted by law. We may (but have no obligation to) monitor, moderate, remove or refuse any User Content at our discretion, and where required by law we will provide you with a statement of reasons and an opportunity to appeal moderation decisions.
13. Intellectual Property
All rights, title and interest in and to our Services — including the Game, its name and logo, game code, level designs, gameplay mechanics, characters (including Gabe Sterling), storylines, artwork, animations, tile sets, sounds, music, text, user interfaces, Virtual Items, server software, and the selection and arrangement of all of the foregoing — are owned by or licensed to Sortis Games and are protected by copyright, trademark and other intellectual property laws and international treaties. Except for the limited license in Section 5, nothing in these Terms grants you any right, title or interest in our Services.
14. Trademarks
SORTIS GAMES™, the Sortis Games logo and the Game's app icon are trademarks of Sortis Games. Unauthorized use of our trademarks, or of confusingly similar variants or misspellings, is prohibited. Other trademarks appearing in our Services belong to their respective owners.
15. Copyright and Trademark Complaints
We respect the intellectual property of others. If you believe content available in our Services infringes your copyright or trademark, please send a notice to us at support@sortisgames.com or to our mailing address in Section 23, including: (a) identification of the work or mark claimed to be infringed; (b) identification of the allegedly infringing material and information reasonably sufficient to locate it; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized by the rights owner, its agent or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature.
We may remove or disable access to allegedly infringing material. If we remove your User Content in response to a notice, we will tell you and you may send us a counter-notice containing: (a) identification of the removed material and where it appeared; (b) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; (c) your name, address and phone number and, if you are in the United States, your consent to the jurisdiction of the federal court for your district (or, if outside the United States, any district in which we may be found), and your agreement to accept service from the person who sent the notice; and (d) your signature. We terminate the Accounts of repeat infringers.
16. Updates, Changes and Availability of the Services; Account Deletion
Our Services are live, online services that evolve over time. We may update, patch, rebalance, add, modify or remove content and features (including levels, events, the Arcade, the In-Game Spinner, Virtual Items and difficulty tuning), including through server-side configuration, at any time. An active internet connection is needed for the Arcade and other server-dependent features, and a compatible device meeting minimum requirements is needed to use our Services; you are responsible for any network charges. We do not guarantee that the Services will be available at all times, in all territories, or on all devices, and we may suspend the Services for maintenance. If you reside in the EEA+, we will provide updates, including security updates, necessary to keep the Services in conformity for the duration we provide them to you, and Section 20 sets out your statutory conformity remedies.
We may discontinue all or part of the Services. If we permanently discontinue the Game, we will endeavor to provide reasonable advance notice in the Game or on our website. You can stop using the Services at any time and may delete your Account under Settings > Delete Account or at sortisgames.com/en/delete-account; deletion is permanent and includes loss of progress and unused Virtual Items as described in Sections 4 and 6 and in our Privacy Policy.
17. Suspension and Termination
This paragraph does not apply if you reside in the EEA+: To the fullest extent permitted by law, we may limit, suspend, modify or terminate your Account or your access to all or part of our Services at our discretion, at any time and without notice, including for actual or suspected violation of these Terms, cheating, fraud, chargebacks, illegal activity, or harm to other players or to us. Upon termination, your license under Section 5 ends and you forfeit access to your Account and Virtual Items.
If you reside in the EEA+: If we suspect you have breached these Terms, we may investigate and, acting reasonably and objectively and in proportion to the seriousness of the suspected breach, suspend your access while we do so. We may suspend or terminate your access if: (i) we reasonably determine you are in material or repeated breach of these Terms; (ii) we have objective grounds to believe you are about to seriously breach these Terms; (iii) we are legally required to do so; or (iv) it is necessary to address a serious technical or security issue. Except where immediate action is required, we will give you reasonable notice and reasons. You may appeal a suspension or termination by contacting us at the addresses in Section 23; we will review the decision and inform you of the outcome.
18. Disclaimers; Limitation of Liability; Indemnification
18(a). If you reside in the EEA+
This Subsection 18(a) applies only if you reside in the EEA+. Provided we have acted with professional diligence, we are not responsible for loss or damage unless it is: (i) caused by our breach of these Terms; or (ii) reasonably foreseeable at the time of entering into these Terms. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or for any other liability that cannot be excluded or limited under applicable law. Your statutory rights as a consumer, including statutory guarantees of conformity of digital content and services under Directive (EU) 2019/770 as implemented in your country, are not affected by these Terms.
If you reside in Germany: our liability for damage caused by slight negligence is limited to the foreseeable damage typical for this type of contract resulting from a breach of material contractual obligations (Kardinalpflichten); we are not liable for slightly negligent breach of other duties of care. These limitations do not apply to mandatory statutory liability (in particular under the Produkthaftungsgesetz), to injury to life, body or health, or where we have assumed a specific guarantee.
18(b). If you reside outside the EEA+
THIS SUBSECTION 18(b) APPLIES ONLY IF YOU RESIDE OUTSIDE THE EEA+. OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SORTIS GAMES AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS (COLLECTIVELY, THE "SORTIS PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR GAME PROGRESS, ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE SORTIS PARTIES SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR VIRTUAL ITEMS THROUGH THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; IF YOU HAVE MADE NO PAYMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES. NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR ANY LIABILITY THAT CANNOT BE EXCLUDED BY LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; SEE SUBSECTION 18(c) IF YOU RESIDE IN NEW JERSEY.
Indemnification (outside the EEA+ only). You agree to defend, indemnify and hold harmless the Sortis Parties from and against any third-party claim, and any resulting damages, liabilities, losses, costs and expenses (including reasonable attorneys' fees), arising out of your misuse of our Services, your User Content, or your breach of these Terms. We will notify you promptly of any such claim; failure to notify releases you only to the extent you are materially prejudiced.
18(c). If you reside in New Jersey
If you reside in New Jersey, the following applies notwithstanding anything else in these Terms: the disclaimers of warranties and limitations of liability in Subsection 18(b) do not exclude or limit any liability, and the indemnification paragraph does not apply to any claim, to the extent that such exclusion, limitation or indemnification is prohibited by the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, the New Jersey Consumer Fraud Act, the New Jersey Products Liability Act, or other applicable New Jersey law. Nothing in these Terms limits your right to recover damages for personal injury or for our willful, intentional, reckless or grossly negligent conduct under New Jersey law.
19. Governing Law and Dispute Resolution
19(a). If you reside in the EEA+
These Terms and any disputes concerning them or our Services are governed by the laws of the country in which you habitually reside, and you may bring proceedings in the courts of that country. We do not participate in alternative dispute resolution before a consumer ADR entity unless required by law. Information on consumer dispute options is available from your local consumer protection authority.
19(b). If you reside outside the EEA+
Governing law. These Terms and any disputes concerning them or our Services are governed by the laws of the Republic of Türkiye, without regard to conflict-of-law rules, except that if you reside in the United States, the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Provision in Subsection 19(c). This choice of law does not deprive you of mandatory consumer protections of the country or state in which you reside, and does not apply to the extent it violates the laws of your jurisdiction.
Forum. Unless the Arbitration Provision applies: (i) if you reside in the United States, any claim that is not subject to arbitration — including any claim severed from arbitration under Subsection 19(c) — shall be brought exclusively in the competent courts and enforcement offices of İstanbul (Çağlayan), Türkiye, and you and we consent to personal jurisdiction and venue there, without prejudice to any mandatory consumer forum rules of your state of residence; and (ii) if you reside elsewhere outside the EEA+, all disputes are subject to the exclusive jurisdiction of the competent courts and enforcement offices of İstanbul (Çağlayan), Türkiye, except that mandatory consumer forum rules of your place of residence remain unaffected where applicable.
19(c). Arbitration Provision (residents of jurisdictions recognizing mandatory arbitration, including the United States)
PLEASE READ THIS SUBSECTION CAREFULLY. IT REQUIRES, WITH LIMITED EXCEPTIONS, THAT DISPUTES BETWEEN YOU AND US BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND IT CONTAINS A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. YOU MAY OPT OUT AS DESCRIBED BELOW.
Scope. This Arbitration Provision applies to any dispute, claim or controversy between you and us (or our affiliates, officers, directors, employees, agents or licensors) arising out of or relating to these Terms, our Services, Virtual Items, purchases, marketing, or your relationship with us, whenever arising, including before you accepted these Terms (a "Dispute"). It does not apply to: (i) individual claims in small claims court, so long as the matter remains in that court on an individual basis; (ii) claims by either party for injunctive or other equitable relief in court for infringement or misuse of intellectual property rights; or (iii) claims that, under applicable law, cannot be made subject to pre-dispute arbitration.
Informal resolution first. Before either party may commence arbitration or a small claims action, the party raising a Dispute must send the other a written notice describing it (to us: support@sortisgames.com, including your name, contact details, the player ID shown in Settings, and a description of the Dispute and the relief sought). Within forty-five (45) days after the notice is received, the parties must participate personally in a good-faith telephone or video conference to try to resolve the Dispute. If you are represented by counsel, your counsel may participate, but you must also participate. The conference is individualized: one conference per claimant, even where multiple claimants share counsel. Completing this process is a condition precedent to arbitration or small claims proceedings. Applicable statutes of limitation and filing deadlines are tolled while this process is under way.
Agreement to arbitrate. If the Dispute is not resolved within thirty (30) days after the conference, either party may commence final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by these Terms. If the AAA is unavailable or declines to administer the arbitration, the parties will select a comparable administrator such as National Arbitration and Mediation ("NAM"). The arbitration will be conducted in English by a single arbitrator appointed under the administrator's rules. Hearings will be by videoconference or on written submissions where the rules allow; any in-person hearing will take place in the U.S. county where you live or work if you reside in the United States, and otherwise in İstanbul, Türkiye, or another agreed location. The arbitrator may award any relief that a court could award to the individual party seeking relief, subject to these Terms. Judgment on the award may be entered in any court of competent jurisdiction.
Delegation. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this Arbitration Provision, including any claim that all or part of it is void or voidable; except that a court, and not the arbitrator, shall decide any dispute about the enforceability of the class action waiver in the next paragraph.
Class action and jury waiver. To the fullest extent permitted by law, you and we each waive the right to a jury trial and the right to bring or participate in a class, collective, consolidated, representative or private attorney general action. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim, and may not consolidate claims or preside over any form of representative proceeding, except as provided under "Batch arbitration" below. If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request (and only that one) shall be severed and proceed in the court specified in Subsection 19(b), and the remainder shall proceed in arbitration.
Public injunctive relief. Nothing in this Arbitration Provision prevents you from seeking public injunctive relief in court where applicable law gives you that right. Any such claim will be stayed pending the arbitration of all arbitrable claims for damages or other individual relief.
Batch arbitration. If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against us within a ninety (90) day period by or with the assistance of the same law firm or coordinated group of firms, the administrator shall (i) group the demands into batches of no more than one hundred (100), (ii) appoint one arbitrator per batch, (iii) resolve each batch as a single consolidated proceeding with one set of filing and administrative fees per side per batch, one procedural calendar and one final award, and (iv) administer the batches concurrently. Demands are "substantially similar" if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements about batching are decided by a procedural arbitrator appointed by the administrator, whose fees we pay. Batching does not authorize class, collective or representative proceedings, and awards in one batch have no precedential effect on another. All parties retain the right to an individualized hearing on their own claim.
Fees. Payment of filing, administration and arbitrator fees will be governed by the administrator's rules; for consumer claims we will pay those fees to the extent the rules or applicable law require, and we will pay the arbitrator's fees for one full day of hearing. Each party bears its own attorneys' fees unless the arbitrator awards them under applicable law or finds that a claim or defense was frivolous or brought for an improper purpose.
Opt-out. You may opt out of this Arbitration Provision (including the class action waiver) for all purposes by sending written notice within forty-five (45) days of first accepting these Terms, by email to support@sortisgames.com or by mail to our address in Section 23. The notice must state clearly that you reject arbitration and include your name, address, the player ID shown in Settings, and your signature (an electronic signature is sufficient). Opting out does not affect any other provision of these Terms.
Severability and survival. Except as provided under "Class action and jury waiver," if any part of this Arbitration Provision is found unenforceable, the remainder remains in effect. This Subsection survives termination of these Terms and deletion of your Account. This Arbitration Provision does not apply where it would be illegal or unenforceable under the mandatory laws of your jurisdiction, in which case Subsection 19(b) governs.
20. Additional Provisions for EEA+ Residents
If you reside in the EEA+, in addition to the EEA+-specific clauses noted throughout these Terms:
- Conformity. Our Services are covered by the statutory guarantee of conformity for digital content and digital services under Directive (EU) 2019/770 as implemented in your country, for the duration we provide the Services to you. We will inform you of and provide updates, including security updates, necessary to keep the Services in conformity, and we recommend you install them promptly. If you identify a lack of conformity, please notify us using the contact details in Section 23; we will seek to bring the Services into conformity within a reasonable time and free of charge, failing which you may be entitled to a proportionate price reduction or to terminate the contract.
- Withdrawal. Your right of withdrawal for paid digital content, and its limits, are described in Section 7 and Appendix 1.
- Description of the Services. Our Services consist of a mobile puzzle game with an in-game Arcade, virtual items usable only within the Game, events and leaderboards, optional rewarded advertisements, related websites and player support. Compatibility requirements are shown in the Platform storefront. The Game interoperates with the Platform for payment processing and delivery of optional paid features.
- Ordering and input errors. If you decide to pay for Virtual Items, you can see your selections on the screen before confirming and can correct them using the buttons in the ordering process before you submit your order.
- Delivery and performance. Virtual Items are delivered by crediting them to your Account immediately after the Platform confirms the transaction, and in any event within 24 hours. No physical delivery takes place. Performance is complete once the Virtual Item is usable in the Game.
- Payment. Payment is processed solely by the Platform under its terms; we do not process or store your payment details.
- Contract storage and language. We do not store a copy of the contract for you and recommend that you save these Terms. The contract is concluded in the language of the Game as you have set it when you accept these Terms.
- Complaint handling. Please contact us through the in-game help function or the contact details in Section 23. Because we generally do not hold direct identifiers, we may need your player ID to match a complaint to an Account. Complaints are acknowledged without undue delay and handled within a reasonable period.
- Term and termination. The contract is concluded for an indefinite period. You may terminate it at any time by deleting your Account and uninstalling the Game; the right of either party to terminate for cause is unaffected.
- Nothing in these Terms limits your non-waivable statutory rights as a consumer.
21. Additional Provisions for Türkiye Residents
If you reside in Türkiye: these Terms are concluded in electronic form and constitute a distance contract for purposes of the Law on the Protection of the Consumer No. 6502 and the Distance Contracts Regulation. Pre-contractual information regarding Virtual Items (price, features and delivery) is provided in the Platform storefront and in the Game prior to purchase. As Virtual Items are intangible digital content delivered instantly, the right of withdrawal does not apply once delivery has been completed with your approval. You may submit complaints to us via in-game support or the contact details in Section 23; you may also apply to the Consumer Arbitration Committees (Tüketici Hakem Heyetleri) or Consumer Courts within the monetary limits prescribed by law. The contract is concluded for an indefinite term and may be terminated as described in these Terms.
22. Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following notice: the Services are provided by Sortis Oyun Yazılım ve Pazarlama Limited Şirketi, Göktürk Merkez Mah. Kılıncı Göl Sk. No: 7D1 İç Kapı No: 1, Eyüpsultan, İstanbul, Türkiye, support@sortisgames.com. Prices for Virtual Items are shown in the Platform storefront before purchase. To resolve a complaint regarding the Services or to receive further information about use of the Services, please contact us at the address above. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
23. General Provisions; Platform Terms; Contact
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, corporate reorganization or sale of assets, or by operation of law. Force majeure. We are not liable for delay or failure to perform resulting from causes beyond our reasonable control. Feedback. If you send us ideas, suggestions or feedback about our Services, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you. Export and sanctions. You represent that you are not located in a country subject to comprehensive sanctions and are not on any restricted-party list. Language. These Terms may be provided in several languages; in case of conflict, and to the extent permitted by applicable law, the English version prevails, except for Türkiye residents, for whom the Turkish version prevails where required. Survival. Sections that by their nature should survive termination (including Sections 6, 13, 14, 18, 19 and 23) survive.
Additional platform terms (Apple and Google). The following provisions apply to the extent required by the Platform through which you obtained the Game: (a) these Terms are concluded between you and us only, and not with Apple Inc. ("Apple") or Google LLC ("Google"), and we — not Apple or Google — are solely responsible for the Game and its content; (b) your license to the Game is limited to a non-transferable license to use the Game on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions (except that the Game may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing) or, for Google Play, as permitted by the Google Play Terms of Service; (c) we, not Apple, are solely responsible for providing any maintenance and support services with respect to the Game, and Apple has no obligation whatsoever to furnish any maintenance and support services; (d) in the event of any failure of the Game to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Game (if any) to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are our responsibility; (e) we, not Apple, are responsible for addressing any claims by you or any third party relating to the Game or your possession and/or use of it, including product liability claims, any claim that the Game fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation; (f) in the event of any third-party claim that the Game or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim; (g) you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (h) you must comply with applicable third-party terms of agreement when using the Game (for example, your wireless data service agreement); (i) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary; and (j) equivalent provisions apply in favor of Google to the extent required by the Google Play Developer Distribution Agreement.
Notices and contact. We may notify you via the Services, the Platform, or any contact details associated with your Account. You may contact us at: Sortis Oyun Yazılım ve Pazarlama Limited Şirketi, Göktürk Merkez Mah. Kılıncı Göl Sk. No: 7D1 İç Kapı No: 1, Eyüpsultan, İstanbul, Türkiye; email support@sortisgames.com; or through the in-game help function (recommended: because we generally do not hold direct identifiers, please include the player ID shown in Settings so that we can match your message to your Account).
Appendix 1 — EEA+ Model Withdrawal Instructions and Form
Right of withdrawal. If you reside in the EEA+, you have the right to withdraw from a distance contract within 14 days without giving any reason, subject to the exceptions described in Section 7 (including loss of the right upon commenced delivery of digital content with your express consent and acknowledgment). To exercise the right, you must inform us of your decision by an unequivocal statement (e.g., email to support@sortisgames.com or letter to our address in Section 23) before the withdrawal period expires. You may use the model form below, but it is not obligatory. We recommend using the refund process of the Platform through which you made your purchase as the fastest route. If you validly withdraw, we will reimburse payments received from you for the relevant contract without undue delay and no later than 14 days from the day we are informed, using the same means of payment you used, unless expressly agreed otherwise.
Model withdrawal form (complete and return only if you wish to withdraw): — To Sortis Oyun Yazılım ve Pazarlama Limited Şirketi, Göktürk Merkez Mah. Kılıncı Göl Sk. No: 7D1 İç Kapı No: 1, Eyüpsultan, İstanbul, Türkiye, support@sortisgames.com: I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following digital content/service: , ordered on ; name of consumer(s); address of consumer(s); player ID shown in the Game; signature of consumer(s) (only if this form is notified on paper); date. (*) Delete as appropriate.