Terms of Use
By clicking on the accept button, downloading and/or accessing one of our games, apps, websites and other services (together referred to as “Games”), you agree to be legally bound by these Terms of Use ("Terms"), setting forth the terms and conditions by which HyperMonk Games offers you access to use and enjoy the Games, either on behalf of yourself or all other persons who may use the Games under your account.
If you do not agree to be bound by the Terms, you shall not click on the accept button and/or download and/or access to our Games.
1. About HyperMonk Games
"HyperMonk Games" or "HyperMonk" or "We" or "Us" in the Terms refer to HyperMonk Games Oyun Yazılım Pazarlama ve Danışmanlık Anonim Şirketi, a company established under laws of Turkey, with registered address at Çankaya Mah. Cinnah Cad. No:19/5 Çankaya, Ankara.
HyperMonk Games is a developer and publisher of games and mobile game applications that are made available via any app stores including the Apple Application Store and Google Play Store (together referred to as “App Stores”).
2. Preliminary Conditions for Using the Games
To use our Games, you must; (i) 13 years or older, and if you are at least 13 years old but under 18 years of age, you agree that your parent and/or legal guardian has reviewed and agreed to the Terms, and you can execute a binding contract with HyperMonk Games and, (ii) satisfy all conditions foreseen in the applicable law and comply with relevant regulations and, (iii) not have previously been banned from playing any of our Games (unless We have reversed that ban).
3. Privacy
Our privacy policy which you may reach through the following link https://hypermonkgames.com/privacy-policy (“Privacy Policy”) explains how we collect and use your personal information, including who we may share it with; how long we keep it and what rights you have in relation to your personal information. When you download or use the Games, you acknowledge that our Privacy Policy applies. If you do not want HyperMonk to collect, store, use, or share your information in the ways described in our Privacy Policy, you must not download or use our Games.
4. Additional Terms That May Apply
In addition to the Terms, your use of the Games may be subject to other terms and conditions foreseen by third parties, such as:
4.1. Terms of App Stores
App Stores may provide their own terms and conditions, and you may be asked to agree to these relevant terms and conditions that will apply to your relationship with App Stores.
4.2. Terms of Third-Party Services
We may also utilize third party applications, such as leader boards, or game networks, to deliver content within the Game (“Third Party Services”). Where the Game incorporates these features or content, the terms and policies of the respective third party apply to those features, including their privacy policies.
5. Technical Requirements
The Games may require a smartphone or tablet device running either the iOS or Android operating system. The Game details will specify the minimum required memory and the necessary version of the operating system. Note any updates to the Games may require you to download the latest version of your device’s operating system or update other third-party software.
While using the Games, providing all technical requirements (e.g. necessary equipment such as computer, phone, tablet, etc.) and covering any fees that may occur while connecting to the Internet and App Stores, as well as expenses related to data or cellular usage for downloading and using the Games shall be in your responsibility.
6. Ownership and License of the Games
The Games provided to you are licensed to you and not sold. We (and our licensors, where applicable) own and reserve all rights (including but not limited to copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulation), title and interest in and to the Games, and all data and content posted, generated, provided or otherwise made available in or through the Games. You have no intellectual property rights in or related to the Games unless expressly allowed under the Terms.
Subject to your compliance with the Terms, you are entitled to download a copy of the Games to; (i) your device and view, use and display the Games on such devices for your personal use, (ii) copy for the purpose of downloading, installing and executing the number of copies for which you are authorized by the download site of each Games on a mobile device that you own or control for your use and, (iii) receive and use any free supplementary updates to the Games provided by us to you.
For the avoidance of doubt, you hereby agree that you shall;
- a) refrain from using the Games for purposes other than personal use, including but not limited to, (i) playing the Games at commercial establishments; (ii) using the Games for any esports or group competitions without HyperMonk's consent; (iii) engaging in any commercial use of the Games.
- b) not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Games.
- c) not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Games.
- d) refrain from accessing the Games with the intention of building a similar or competitive service or application.
- e) Not copy, reproduce, distribute, republish any part of the Games.
- f) comply with all relevant laws, including, but not limited to, export and import regulations that are applicable to your use of the technology used by the Games.
7. Rules for Usage
You hereby agree that you shall not:
- a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- b) transmit any material which is defamatory, false or misleading, threatening, offensive or otherwise objectionable in relation to your use of the Games;
- c) collect or store any personally identifiable information or data regarding other users, including email addresses, without their consent;
- d) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Games;
- e) attempt to gain unauthorized access to the Games or servers or networks connected to Games;
- f) use the Games, or any part of it, in any way that is prohibited by the Terms, including for commercial purposes or for the benefit of any third party;
- g) not infringe our intellectual property rights or those of any third party in relation to your use of the Games, including by the submission of any material or content;
- h) violate any applicable law or regulation, or use the Games in any manner inconsistent with the Terms;
- i) interfere with another user’s use and enjoyment of the Games or in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users including harm to minors;
- j) upload or distribute any material that is considered unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
8. User Content
When you make use of any feature in the Games which allows you to post, upload, input, distribute, or otherwise provide content, or make contact with other users ("User Content") you must comply with our Rules for Usage above.
You are solely responsible for all your User Content. You have sole liability for any risks arising from the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You may not state or imply that HyperMonk has provided, sponsored or endorsed your User Content in any way. HyperMonk is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
You acknowledge and agree that, upon submitting any User Content or by making any User Content available through the Games, you hereby provide HyperMonk an irrevocable, non-exclusive, transferable, sub-licensable, perpetual, fully-paid worldwide transferable, loyalty-free license to use. This license grants right to HyperMonk and sublicenses to use, incorporate into any of HyperMonk’s intellectual property, Game or other software, or products, copy, modify, create derivative works based on, publicly display, publicly perform and distribute your User Content in Games and to promote the Games forever.
You acknowledge and agree that, upon uploading or posting User Content to the Games, you grant a non-exclusive, royalty-free and fully-paid worldwide transferable licence for our partners or other users to use your User Content in accordance with the functionality of the Games with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, to display your User Content in the Games and to promote the Games forever.
To the extent permitted by applicable law, HyperMonk reserves the right to disclose your identity to any third party claiming that your User Content breaches their intellectual property rights and/or their right of privacy. Additionally, your User Content may be disclosed by HyperMonk to other third parties or governmental entities as mandated by legal obligations.
9. Feedback
If you provide us with any suggestions or feedback related to the Games or other future games or content ("Feedback") through any medium including on request through a feature or to us directly or via an App Stores, we will be free to use that Feedback on an unrestricted basis, without any compensation to you or any third party. You agree that we are under no obligation of confidentiality, to credit you, or otherwise with respect to Feedback you provide, even if you state such restrictions in your submission.
10. Monitoring and Enforcement of User Content
Games may contain User Content provided by other users of the Games. We do not validate or confirm any User Content found in the Games. It is not HyperMonk’s responsibility to monitor the Games for inappropriate or illegal User Content. We may choose to review any User Content at our sole discretion. We reserve the right to remove, modify, or refuse to post your User Content at any time and for any reason, in our sole discretion, with or without prior notice to you.
We reserve the right to disable your ability to post or upload User Content and to revoke access to the Games, if we believe your User Content violates the Terms.
11. Term and Termination
The Terms shall be applied (subject to any amendments) for the duration of your download and/or use of the Games.
If you breach the Terms and/or applicable law, in addition to our rights under the applicable law, we reserve the right to take action against you, including suspending your access to the Games and/or ending your rights to use the Games.
If we suspend or end your rights to use the Games:
- a) you will no longer be able to access the Games and you must delete or remove the Games from your devices;
- b) your in-game progress and any other Game-related data will be deleted;
- c) your User Content may also be deleted from our live databases.
12. Your Responsibilities
You are accountable for any reasonable costs or losses incurred by HyperMonk due to a claim brought by a third party arising from; (i) your use of the Games, (ii) your User Content, or (iii) your breach of the Terms and applicable law.
13. Payment, Virtual Items and Subscriptions
Unless otherwise specified by a component of the Games, our Games are available for free to use or download basis. Some Games may include features that enable you to make purchases or subscribe within the Games.
13.1. Payment for Virtual Items and Subscriptions
When you click to purchase a Virtual Item or a subscription, you are requesting us to start supplying the Virtual Item or subscription immediately and initiate the payment process. Payment will be taken from your App Stores account, and the payment terms of the respective platform will be applicable. HyperMonk is not a party to the transaction between you and the App Stores.
If you are located in the EU or UK, you acknowledge that by clicking purchase, you will no longer have the right to cancel once we initiate the supply of the Virtual Item or the subscription.
13.1.1. Virtual Items
Our Games may enable you to earn, buy, purchase and use certain virtual items, including, for example, virtual currency, points, or similar virtual items (“Virtual Items”). You agree that you do not legally own these Virtual Items and the virtual value of any Virtual Item does not correspond or equate to any real-life monetary value, credit balance or currency. HyperMonk grants you a limited, personal, non-transferable, non-sublicensable and revocable license for these Virtual Items. Any virtual currency or similar balance does not constitute a real-world balance or comprise any stored value. Your right to use the Virtual Items is specific to you unless otherwise agreed upon, and is confined to the license granted to you. You may not re-sell or trade any Virtual Items.
Please note that if you remove and reinstall the Games on a new device, you may lose your in-game purchases, including any Virtual Items.
We may manage, control, modify or eliminate Virtual Items at any time. Where we intend to make changes or remove Virtual Items, we will provide you with as much notice as possible via the Games.
All purchases in the Games and redemptions of Virtual Items made through the Games are final and non-refundable, to the extent permitted by law. Regardless of whether your license under these Terms was lost voluntarily or involuntarily, you will not receive money or other compensation for unused Virtual Items, if your access is terminated, or you delete the Games. You acknowledge that if you delete your account or the Games, you are not entitled to a refund or compensation for any unused Virtual Items.
You will permanently lose all of your Virtual Items and, to the extent permitted by law, without a right to a refund if you request the removal of your personal data in accordance with HyperMonk Games’ Privacy Policy as HyperMonk Games can no longer associate such Virtual Items with you.
13.1.2. Subscriptions
We may offer subscription services in some parts of our Games. Ongoing access to dynamic content or services from within the Games is made possible by the subscription. Subscription page for the Games will provide information about subscriptions fees and time periods.
Payment will be charged to your relevant platform account at confirmation of purchase. Your subscription will automatically renew at the start of each billing period unless and until you terminate your subscription or we terminate it. By accessing your App Store account and turning off the renewal, you may terminate your subscription at any time.
You should cancel your subscription at least 24 hours prior to the expiry of the current subscription billing period in order to prevent being charged for a new period of subscription fees.
The App Store will charge you for the subscription fee and apply the App Store’s payment terms for any subscription services you purchase within Games. For additional information, please see the relevant App Store’s payment terms.
Cancellation and Refunds
After purchasing a subscription, you can manage it including switching off automatic renewal and canceling it directly through your account on the App Store or the respective platform from which you made the purchase, in accordance with payment terms specified by that platform.
Cancellation of an activated subscription is not possible. Paid subscription fees are non-refundable, unless required by law.
Changes to subscription fees
HyperMonk reserves the right to modify the subscription fee at any time. A reasonable prior notice will be given to you regarding any changes to the subscription fee. Should you decide to cancel your subscription due to a price increase, you can do this through your account on the App Store.
14. Third Parties
14.1. Application Stores
You acknowledge that: (i) the availability of the Games is dependent on the third party (App Stores) from which you received Game, (ii) these Terms are between you and HyperMonk and not with the App Store and, (iii) the App Stores (and its respective subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce these Terms.
The App Stores has no responsibility for the Games, its content, maintenance, support services, and warranty thereof, and addressing any claims related to it, such as product liability, legal compliance, or intellectual property infringement.
14.2. Third-Party Services
Third-Party Services are not under HyperMonk’s control or responsibility. These Third-Party Services are only offered by HyperMonk for your convenience. Third-Party Services are not subject to reviewing or monitoring by HyperMonk, and HyperMonk does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. Any Third-Party Services you use are at your own risk. Prior to proceeding with any transaction related to a Third-Party Service, you should conduct whatever investigation you deem necessary or appropriate.
14.3. Ads
Games may display an ad when you start or stop playing. Banners, rewarded videos and/or interstitial ads may appear, while the Game is being played. Please refer to our Privacy Policy for details on the information shared with advertisers.
14.4. Release
You hereby irrevocably and unconditionally release and forever discharge HyperMonk (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, with respect to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third-Party Advertisers, to the extent permitted by applicable law. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
15. Disclaimers
The Games are provided by HyperMonk on an "as is" and “as available” basis for your personal use on your device for entertainment purposes without warranty of any kind.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HyperMonk (AND ITS SUPPLIERS) EXPLICITLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HyperMonk (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE GAMES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HyperMonk MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY GAME. HyperMonk DOES NOT WARRANT THAT THE GAMES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMES, OR ELECTRONIC COMMUNICATIONS SENT FROM HyperMonk ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You may not be able to continue using the Games if you choose not to install such updates or opt out of automatic updates. HyperMonk disclaims all liability for any damage to your device or other digital content that could have been avoided by following our advice to update the Games.
HyperMonk reserves the right, with or without prior notice, to suspend or terminate the Games at any time or in part. Your downloaded games will not be affected by such a situation, but the Games may no longer be supported, or subject to updates and lose access to certain services. If this happens, HyperMonk is under no obligation to provide refunds, benefits, or other compensation to you in relation to any canceled subscription features or for Virtual Items that you have already earned or purchased, unless otherwise required by applicable law.
To the extent permitted by law, HyperMonk is not obliged to pay you for any losses or results in the event of limiting, suspending, terminating, modifying, or deleting Games or your access to a Game or any portion of them; and content or tools within the Game; delaying or removing hosted content.
16. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HyperMonk AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS. THIS INCLUDES DAMAGES ARISING FROM SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE USE OF OR INABILITY TO USE THE GAME OR LOSS OF DATA RESULTING THEREFROM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THIS APPLIES EVEN IF HyperMonk HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES STATED ABOVE CONSTITUTE ESSENTIAL COMPONENTS OF THE AGREEMENT BETWEEN HyperMonk AND YOU. YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE THE GAME IS AT YOUR SOLE RISK. IN NO EVENT SHALL HyperMonk’s SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS.
Some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages. In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
These limitations/exclusions are not binding for the users located in the EEA or in Brazil. For such users, in the event of HyperMonk’s failure to comply with these Terms, HyperMonk is accountable for the loss or damage you incur, provided it is a foreseeable result of HyperMonk’s breach of these Terms or a consequence of HyperMonk’s negligence. However, HyperMonk shall not be held responsible for any loss or damage that is not foreseeable. Loss or damage is deemed foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and HyperMonk at the time we entered into these Terms.
17. Apple App Store Additional Terms and Conditions
Should you download the Games from the Apple App Store, you will be subject to the following additional terms and conditions;
17.1. Scope of License
A limited non-transferable license is granted to you, allowing you to use the Games on an iOS Product that you own or control and in accordance with the Usage Rules set forth in the Apple App Store Terms of Service.
17.2. Maintenance and Support
HyperMonk is solely responsible for providing any maintenance and support services with respect to Games, as specified in these Terms (if any) or as required under applicable law. HyperMonk and you acknowledge that Apple is, under no circumstances, obliged to provide any maintenance and support services in relation to the Games.
17.3. Warranty
Any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed, are in the sole responsibility of HyperMonk. In the event of any failure of Games to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for Games to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Games, and HyperMonk will be solely responsible for any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty.
17.4. Product Claims
HyperMonk and you acknowledge that HyperMonk, not Apple, is responsible for addressing any claims of you or any third party relating to Games or your possession and/or use of Games, including, but not limited to: (i) product liability claims; (ii) any claim that Games fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Beyond what is permitted by applicable law, HyperMonk’s liability to you is not limited by these Terms.
17.5. Intellectual Property Rights
HyperMonk and you acknowledge that, if a third-party asserts a claim that Games or your possession and use of Games infringes the third party’s intellectual property rights, HyperMonk, not Apple, will have sole responsibility for investigating, defending, settling and discharging any such claims of intellectual property infringement.
17.6. Legal Compliance
You represent and warrant that; (i) you are not located in a country that is subject to the U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
18. Miscellaneous
18.1. Changes On the Terms
We reserve the right to amend, add to or remove these Terms (or portions of them) in order to comply with changes in legal requirements, or reflect changes in best practice or deal with additional features that we release. The last update was made on the date indicated at the bottom of this document.
If we make any substantial changes, we will notify you in a reasonable time by prominently posting a notice on our website or within the Games.
Your continued use of our Games after being informed of these changes shall indicate your acknowledgment of such changes. You will not be permitted to continue to use the Games and you should uninstall the related Games if you do not accept the notified changes.
Changes become effective upon posting, unless stated otherwise. It is recommended that you print a copy of these Terms for your reference and periodically revisit this webpage to ensure that you are informed of any changes.
18.2. Third Party Rights
No other third parties have any rights to enforce these Terms under applicable laws, unless otherwise specified in the Terms.
18.3. Severability
If any provision of these Terms is, for any reason, held to be unlawful or unenforceable, the other provisions of these Terms will remain in full force and effect.
18.4. Entire Agreement
All prior discussions and agreements between you and HyperMonk are superseded by these Terms, which constitute the entire agreement between you and HyperMonk on the subject matter of these Terms (including all Games).
Even if HyperMonk fails to or delays exercising or enforcing these Terms, HyperMonk can still enforce it later. You will still be liable for complying with your obligations under these Terms even if HyperMonk does not insist on you immediately, or if HyperMonk delays in taking steps against you in respect of your breach of these Terms. Please be aware that it will not prevent HyperMonk taking steps against you at a later date.
18.5. Transferring Rights
The Games (or any Virtual Items) shall not be transferred to someone else, whether it be in return for a consideration of any kind, or free of charge. You must uninstall the Games from any device you sell on which the Game is installed. Only with our written consent may you transfer your rights or obligations under these Terms to another person.
HyperMonk may transfer its rights and obligations under these Terms to another organization. If this occurs, you will always be notified in writing.
18.6. Applicable Law
These Terms are governed by Turkish laws, and you can bring legal proceedings under these Terms before the Turkey/Ankara (Central) Courts and Enforcement Offices. If you reside outside of Turkey, all legal proceedings must be brought in a court of competent jurisdiction in your place of residence.
19. Communication
Disputes: If a dispute arises between you and HyperMonk Games, we will do our best to resolve any disputes over these Terms and your use of the Games. HyperMonk Games encourages you to first contact HyperMonk Games directly to seek a resolution by opening a help ticket within the in-game help section or using the contact details below.
Contact Information: For questions regarding these Terms, please contact us; (i) by sending an e-mail to info@hypermonkgames.com or, (ii) by filling the form on our Website https://hypermonkgames.com/#games