BIRCH GAMES
TERMS AND CONDITIONS OF SERVICES
ACCEPTANCE
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE ON THE DATE OF SUCH ACCEPTANCE OR SIGNATURE. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD NOT USE OUR SERVICES. ALTHOUGH EVERY PART OF THESE TERMS IS IMPORTANT AND SHOULD BE REVIEWED CAREFULLY, AS THEY INCLUDE KEY PROVISIONS THAT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
SOME PARTS OF THESE TERMS MAY ONLY APPLY TO YOU BASED ON YOUR COUNTRY OF RESIDENCE. FOR THESE TERMS, “COUNTRY OF RESIDENCE” REFERS TO THE COUNTRY WHERE YOU HOLD LEGAL PERMANENT RESIDENCE, AS WELL AS ANY COUNTRY FROM WHICH YOU REGULARLY ACCESS OR USE OUR SERVICES.
TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS.
THE SERVICES DO NOT INCLUDE REAL MONEY GAMBLING OR OPPORTUNITIES TO WIN REAL CASH OR PRIZES. NO ACTUAL MONEY OR ITEMS OF MONETARY VALUE CAN BE WON BY PLAYING THE GAMES THROUGH THE SERVICES. WHILE VIRTUAL ITEMS MAY BE AVAILABLE FOR PURCHASE.
YOU ARE ALSO AGREEING TO OTHER BIRCH RULES AND POLICIES THAT ARE EXPRESSLY INCORPORATED INTO AND A PART OF THESE TERMS.
PRIVACY NOTICE
PLEASE REVIEW OUR PRIVACY NOTICE FOUND AT https://birch.games/privacy-policy/, WHICH ALSO GOVERNS YOUR USE OF THE SERVICES, TO UNDERSTAND OUR PRACTICES.
Article 1 – PARTIES
These Terms and Conditions of Service (“Terms” or “Agreement”) govern your (“User”)use of and access to and (i) the games available now or in the future by Birch, (“Games”), (ii) websites, web pages, and social media platforms managed by Birch in relation to the Games (the “Site” or “Website”), (iii) mobile game/application (“Apps”) and services, and (iv) any online programs, services, or offers linked to the Games, Sites, and Apps (collectively referred to as the “Services”). These terms also apply to any other services that Birch may provide in relation to the Services, such as customer support, social media, community channels and other websites that we may operate. References to “Birch”, “Birch Games”, “we,” “our,” “us” or “Company” in these Terms mean Birch Games Oyun Yazılım ve Pazarlama A.Ş. and its subsidiaries.
These Terms of Services constitute legal agreement and contain important information about the rights and obligations of the User. Birch and the User hereinafter shall be each referred to as Party and jointly as Parties.
Article 2- SCOPE
Birch continuously updates, changes, and develops Services at its own discretion. User can therefore only participate or use Services in its respective form provided at any given time by Birch. Birch retains the right to cease the Services at any time without providing any ground for it. User is liable for ensuring that their own software and hardware is suitable and up to date. In addition to these Terms of Services, any existing rules of the Services shall also apply.
In a case that User does not agree to these Terms of Services or any future updated version of them then User is obliged to cease to access and/or use any of Services. If any future update to these terms requires any action from User in order to comply with updates, the access to the Services shall be suspended until such action is done.
Article 3 – GRANT OF LICENSE
The Services are available for use only by authorized users in accordance with the terms and conditions set forth in this Terms. Birch grants limitations provided herein to access and use the Services using a personal computer for the Service or a mobile device if applicable. Services offered by Birch are intended solely for the purpose of entertainment. The use of the Services for business or commercial purposes is strictly prohibited. User shall not sell, copy, exchange, transfer, publish, assign, make available to the public, copy or otherwise distribute anything that User obtains or derives from the Service.
Article 4 – ACCESS AND USE OF SERVICES
User must comply with the laws to be applied in the location where the Services are accessed. If any laws applicable to User restrict or prohibit User from using the Services, User must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.
User undertakes that all the information provided to Birch while accessing and/or using the Services shall remain true, accurate and complete at all times.
User is responsible for the internet connection and/or mobile charges that it may incur for accessing and/or using the Services.
There may be times when Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
User agrees and acknowledges that under no circumstance it will not:
i. use the Services contrary to this Agreement or as in violation of any applicable law;
ii. use Services to harm anyone or to cause offence or to harass any person;
iii. engage in any act that Birch deems to be in conflict with the spirit or intent of the Services;
iv. disguise, anonymize or hide IP address or the source of any Content that User may upload;
v. use the Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
vi. remove or amend any proprietary notices or other ownership information from the Services;
vii. interfere with or disrupt the Services or servers or networks;
viii. attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to disable or defeat any of the codification and security measures;
ix. ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use the Services, including, but not limited to any personal data or information;
x. deliver, sell, abuse, or enable any third party to use Virtual Items or any other items related to Account.
Article 5- AGE OF USERS
The Services are not intended for children under the age of legal majority. User must be and hereby affirms that they are an adult of the legal age of majority in their country or state of residence.
If User is under the age of legal majority, they must have their parent or legal guardian review and agree to these Terms on their behalf, as User is not allowed to access the Services without such permission. If the parent or legal guardian of a teenaged minor wishes to allow the minor to use the Services and provides consent, they agree to: (i) familiarize themselves with any parental controls available within the Services and use them as deemed appropriate, (ii) monitor the teenaged minor’s use of the Services; (iii) help ensure that the teenaged minor uses the Services responsibly, such as by setting time limits on usage; (iv) make sure that the teenaged minor follows these Terms while using the Services; and (v) accept full legal responsibility for any actions or omissions, whether by themselves or the minor, related to the use of the Services.
Article 6- ACCOUNTS
In order to use the Services User is obliged to create an account (“Account”). The log in detail such as password and usernames shall be under the control of the User.
User agrees that it shall not give log in details to anyone else or allow anyone else to use log in details or account and that it shall not provide access to any other third party to use its Account.
Birch assumes that anyone logging into the Account using log in detail is User. If User fails to keep the login details secretly, or if it shares login details or account with someone else (whether intentionally or unintentionally), User accepts full responsibility for the consequences of this (including any unauthorized purchases) and agrees to fully compensate Birch for any losses or harm that may result.
In case of an unauthorized access to the log in detail or the Account or any suspicion related thereto the User shall promptly notify Birch. In this case or in the event that Birch has concrete evidence of data misuse, Birch e has the right to temporarily block access to the Account.
Birch will not be liable to User for any loss that User suffers as a result of an unauthorized person accessing the Account whether fraudulently or otherwise.
User acknowledges and agrees that no ownership or other property interest in any Account that it creates using any of the Services are granted to User.
Birch is entitled to suspend, terminate, modify, or delete any of these Accounts upon its sole discretion.
User account is personal. User is not entitled to transfer its Account to any other person.
User shall not;
i. use another person or entity’s email address in order to sign up to use Services (including, without limitation, by using Services to impersonate any person or entity, or otherwise misrepresent an affiliation with a person, entity or Services);
ii. sell, rent or give away the Account, create an Account using a false identity or information, or on behalf of someone other than oneself;
iii. create more than one Account per each of the Services.
Article 7- OWNERSHIP
All rights, title and interest in and to the Services (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-game chat transcripts, methods of operation, moral rights, character profile information, virtual items, recordings of games) are owned solely by Birch and are protected by local and international intellectual property rights. Birch reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its Services.
Notwithstanding any provision to the contrary herein, User also acknowledges and agrees that User has no right or title in or to any content that appears in the Services, including without limitation the virtual items appearing or originating in any games, whether earned in a game or purchased from Birch, or any other attributes associated with an Account or stored on the Services.
The Services and WebSite may include contents which may be subject to proprietary rights of other parties. User shall not edit, copy, distribute, publicly reproduce, reverse-engineer, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives, use for advertising purposes, or use beyond the contractually agreed purposes any of Birch Websites, Services, or the content or any portion thereof.
User is obliged to abstain from any act causing the proper functioning of the WebSite, any individual Service and/or offers. Users are also required to abstain from any measure which may allow unauthorized access to data.
User disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by Birch “AS IS,” without warranty of any kind, either expressed or implied.
Article 8- USE OF COMMUNICATION FACILITIES
The Services may procure communication facilities such as forums, information groups, chats, blogs, fun pages, or other types of online discussion areas (collectively known as “Forums“) Services which User may post information. The information to be posted is not subject to the prior control of Birch.
User takes full responsibility for the content and entries that it posts. User agrees to release Birch from any legitimate claims from third parties arising from a culpable violation of the User’s obligations. However, User shall grant Birch the permanent, irrevocable, non-exclusive right to use the content and contributions posted by itself.
User undertakes not to:
i. place online or reveal via the Services any information concerning a real person;
ii. place online or reveal information which is not generally related to the designated topic or theme of the public Forum in question;
iii. place online or reveal information which is inappropriate or disrespectful of the usual or targeted users of the Forum;
iv. harass or disparage other users on the Forum by way of private or public messages;
v. violate any applicable law or any kind of rights of third parties;
vi. submit obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
vii. provide content of an abusive, harassing, or defamatory nature;
viii. include personal data of third parties without their explicit consent.
Birch also has the right to exclude the User violating these Terms of Services from all and any kind of Services that Birch is providing or will be providing.
Article 9- USER CONTENT
Services may enable User and other users to create, upload, transmit, post, store, or share content, such as reviews, messages, text, images, photos, videos, data and other materials or data (collectively referred to as “User Content“). Depending on User’s account settings, User Content and associated details (such as User ID, name, and profile picture) may be visible to others. If User decides to make any information public through the Services, they do so at their own risk.
By using the Services, User grants Birch and its affiliates a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid-up, sublicensable (through multiple levels), and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, publicly perform and display, process, and exploit User Content and any associated name, username, or likeness in all media formats and channels, whether known or developed in the future, without any obligation to provide compensation to User or any third party, to the fullest extent permitted by law. Birch is not required to credit, approve, or compensate User for any permitted use of User Content. Additionally, User irrevocably waives any “moral rights” or other rights related to authorship or the integrity of materials associated with User Content that may exist under any applicable law or legal theory. User agrees not to upload, communicate, transmit or otherwise make available any User Content:
i. that is or could reasonably be deemed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
ii. that is or could reasonably be viewed as infringing of another’s privacy and publicity;
iii. that could be deemed against fundamental human rights;
iv. which infringes any intellectual property right or other proprietary right of others;
v. which consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
vi. which results in harming functionality of any computer software or hardware or telecommunications equipment in any manner.
User may choose to submit, or otherwise share with Birch, any feedback, questions, comments, suggestions, ideas, or creative materials regarding Birch or the Services (collectively, “Feedback”). User acknowledges and agrees that Birch may use this Feedback at its discretion for any purpose, including commercial purposes, without providing User with acknowledgment or compensation, including for the improvement or development of products or services. All works or improvements based on User’s Feedback will be exclusively owned by Birch. User understands that Birch may treat Feedback as non-confidential.
By accepting the Terms of Services, User hereby provides their irrevocable consent to monitoring and recording by Birch. User shall not refrain from such audits by claiming privacy.
Article 10- FEES
Within certain Services, Birch may offer the User the possibility of ordering certain subscriptions, in-game to be purchased with “real world” money a limited, non-transferable, non-sub-licensable, revocable license to use virtual currency or additional content such as in-game items, customization elements, maps, building accelerations, avatars which (“Virtual Items”), or other goods and services once added to User Account, to be used to maximize the experience within Services. User will need to have an Account to be able to purchase and use such subscriptions, in-game virtual currency or additional content. In such event, the Terms of Services or any additional term and services to be published by Birch and will apply and shall be integrated to these Terms of Services.
User will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the payment method available for such Services.
Except when explicitly authorized by Birch, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) User shall not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) purported transfers of Virtual Items or the purported sale, gift or trade in the “real world” of anything that appears in the Services shall not be recognized. Any attempt to do any of the foregoing is deemed as a violation of these Terms of Services and will result in an automatic termination of rights to use the Virtual Items and may result in cancellation of User Account. All Virtual Items are forfeited if the Account is cancelled or suspended for any reason, or if Birch discontinues providing the Services.
User agrees that it will not assert or bring any claim against Birch, its affiliates, directors, officers, employees, agents or licensors relating to, (i) a claim regarding any Virtual Items that User owns; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of its Account or modification, termination or expiration of these terms.
User agrees that all sales performed by Birch are final, Birch is not under the obligation to refund any transaction any cost taxes expenses related thereto once it has been made. Additionally, User is not entitled to claim any right, compensation, damage, refund for the Virtual Items or additional items.
Article 11- THIRD-PARTY SOFTWARE AND CONTENT
(a) Open-Source Software: The Services may include software components provided under open-source licenses (“Open-Source Software”). Such software is used in accordance with the terms outlined in their respective licenses. When required, Birch will make the Open-Source Software available to User under those terms. These Terms do not alter or override User’s rights or obligations under any applicable Open-Source Software license. If specific terms or conditions apply to Open-Source Software, Birch may notify User through the Services, such as by updating the Accreditation Page.
(b) Third-Party Content: The Services may include links to or advertisements for third-party products, services, events, or activities, or allow third parties to make their content available through the Services (collectively referred to as “Third-Party Content”). These resources are provided for User’s convenience, and any interactions or transactions between User and third parties are solely User’s responsibility. Birch does not endorse or warrant the accuracy, quality, or reliability of Third-Party Content, products, or services. The inclusion of links or references to third parties within the Services does not imply any formal relationship, sponsorship, or endorsement, unless explicitly stated.
(c) Responsibility for Content: Birch is not obligated to review or monitor Third-Party Content. However, Birch reserves the right to restrict or block access to any Third-Party Content (in whole or in part) available through the Services at any time. Access to and use of Third-Party Content may be subject to additional terms, conditions, and policies set by the content providers (e.g., terms of service or privacy policies). Birch disclaims all liability for any issues, claims, or damages arising from User’s use of or interaction with such Third-Party Content. Additionally, User is responsible for acquiring and maintaining the necessary hardware, software, network services, and any other resources required to access and use the Services.
Article 12- CONSEQUENCES OF A BREACH LIABILITIES
Birch is not liable for damages resulting from a User’s breach of its obligations and liabilities. Regardless of any additional legal or contractual rights, it is at the reasonable discretion of Birch to take the following actions against any User violating the applicable law, third party rights, these Terms of Services, or any respective additional regulations to be applied by Birch;
i. Remove content;
ii. Temporarily or permanently block User from Services and WebSite;
iii. Disable the Account of such User from certain features or cancel the Account;
iv. immediately terminate this Agreement.
If User has been blocked or excluded, then such User does not have the right to log in again to a Service provided by Birch without the prior consent of Birch.
Article 13- LIMITATION OF LIABILITY & INDEMNITY
Birch shall not be liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, but not limited to, those resulting from a loss of business, data, or revenue; reliance on the materials presented; delays; or business interruptions arising out of or in connection with the use or performance of Birch’s information) regardless of whether Birch has been advised of the possibility of such damages, whether in an action in contract or tort (including negligence), or any other legal theory, even if provider has been advised of the possibility of such damages. In no event will Birch’s aggregate liability under this Agreement exceed the fees paid to Birch by User. This limitation applies regardless of whether other provisions of this Agreement have been breached or have proven ineffective. The existence of more than one claim will not enlarge or extend these limits.
User will indemnify, defend and/or settle, and pay damages awarded pursuant to, any third party claim brought against Birch, which alleges that the use of the Services by User violates any applicable law, or violates, infringes upon or misappropriates any intellectual property right, publicity/privacy rights or that the any act of the User violates any law or other right of a third party.
Article 14- DISCLAIMER OF WARRANTY
The Services and documentation are provided “as is” and “as available”. Birch makes no warranties or representations relating to the Services, express or implied, statutory, or otherwise, and expressly excludes the warranty of non-infringement of third-party rights, fitness for a particular purpose or merchantability. Birch does not warrant that the Services will satisfy User’s requirements and that the Services are without defect or error or that operation of the Services or WebSite will be uninterrupted.
Birch makes no warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of its information, software, or services. Birch makes no warranty, representation, or guaranty that the information, products, or services will be uninterrupted or error free or that any defects will be corrected. User acknowledges that Birchdoes not control the transfer of data over communications facilities, including the internet, and that the Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Birch is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Article 15- MODIFYING OR TERMINATING SERVICES
Birch reserves the right to modify these Terms of Services, suspend, or terminate the Services, change fees, or offer new opportunities to users at any time. Changes may be made (i) in the event of any amendments made due to legal changes, (ii) in the event of any amendments made due to decisions by the competent legal organs, (iii) because of technical necessity (to improve gameplay, fix bugs, or update technical aspects, etc.), (iv) in order to maintain company operations, (v) in the event of a change in market conditions.
Users may need to accept updates, including to Apps installed on its devices. Updates may be carried out remotely, with or without notification.
Birch may notify User in advance about significant changes or suspension of Services, such as via email or within the Services. Modifications to Services will be governed by these Terms unless otherwise stated. User can discontinue use of our Services at any time by closing its account and uninstalling any Apps. Alternatively, Birch upon its sole discretion may send User the amended Terms of Services via email.
Users will be deemed to have accepted such changes by continuing to use any of the Services. If at any point User does not agree to any portion of the current version of the Terms of Services, then such User is obliged to cease the use of Services. Certain rights and obligations will survive the termination or expiration of these Terms.
Article 16- RELEASE
To the maximum extent permitted by law, User releases Birch and its affiliates, officers, employees, agents, and other associated entities (“Birch Parties”) from any liability, claims, demands, and damages of any kind—whether known or unknown, actual or consequential—that arise from or relate to disputes with other users or the actions or omissions of third parties.
Article 17- DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Please read this section carefully, as it requires User to resolve most disputes through arbitration on an individual basis, limits User’s ability to seek relief in court, and precludes class actions, unless exceptions apply.
(a) Purpose and Scope: This arbitration agreement is intended to minimize the financial burden and streamline the resolution of disputes. It applies to any past, present, or future claims, disputes, or controversies between User and Birch or its licensors, distributors, suppliers, or agents (“Disputes”). These include, but are not limited to, claims related to the Terms, Services, or interactions between User and Birch, regardless of when the Dispute arose. However, this does not apply to disputes that may be pursued under certain exceptions outlined in subsection (g). If User resides in the United Kingdom or European Union Area, this agreement does not restrict User’s statutory consumer rights.
(b) Informal Resolution Process: Before pursuing arbitration or litigation, User and Birch agree to attempt resolving Disputes informally within a 60-day resolution period (or longer if mutually agreed in writing). A written “Dispute Notice” must be provided by the complaining party and include: (i) User’s name, contact details, and account information, (ii) a detailed explanation of the dispute’s basis, (iii) a proposed resolution, including any financial compensation sought.
Birch will send notices to the contact information associated with User’s account, while User should email the Dispute Notice to info@birch.games. Neither party may initiate arbitration or litigation until the resolution period ends. A party failing to comply with this condition may face dismissal of their claims and reimbursement of costs to the other party.
(c) Agreement to Arbitrate: If informal resolution fails, User and Birch agree to resolve disputes exclusively through binding arbitration, except as set forth in subsections (g) or required by law.
(d) Opt-Out Option: If User resides in the United States, it may opt out of this arbitration agreement by submitting a written, signed notice to info@birch.games within 30 days of accepting the Terms. Opting out will not prevent User from accessing the Services, but other dispute resolution terms may still apply.
(e) Arbitration Procedures: If User resides in the United States, disputes will be administered by JAMS under its Streamlined Arbitration Rules, with the process held in New York or remotely. If User resides outside of the United States, the Center of Arbitration and Dispute Resolution (CADR) will administer arbitration under Turkish arbitration law, with proceedings in Istanbul or remotely. Arbitration will proceed in English, with a single arbitrator, and all arbitration fees will follow the relevant rules of JAMS or CADR.
(f) Class Action Waiver: User agrees to arbitrate disputes on an individual basis. Class actions, group arbitrations, or representative actions are expressly waived to the maximum extent permitted by law.
(g) Exceptions to Arbitration: User or Birch may; (i) Seek temporary injunctive relief in court; (ii) File small claims cases where applicable; and (iii) Pursue claims through the Online Dispute Resolution platform in the EU.
(h) Additional Provisions: Any arbitration decision is binding and confidential. If any part of this arbitration agreement is invalidated, the remaining provisions will remain enforceable, except as otherwise provided.
Article 18- GOVERNING LAW AND JURISDICTION FOR DISPUTES
If User resides in the United Kingdom or the European Union area, no part of this Section 18 will limit or exclude any statutory rights User may have as a consumer under the laws of their country of residence. This includes the right to claim if User Content or the Account is terminated or suspended in violation of these Terms.
(a) Governing Law: If User resides in the United States, these Terms, User’s use of the Services, and any related disputes will be governed by the laws of Turkey, excluding conflict-of-law principles. The agreement to arbitrate under Section 17 and its enforcement will be governed by the United States Federal Arbitration Act, without regard to conflict-of-law principles. Both User and Birch acknowledge that these Terms involve interstate commerce. If User resides outside of the United States, and unless required otherwise by applicable law, these Terms, User’s use of the Services, and any related disputes, including the arbitration agreement in Section 17, will be governed by the laws of Turkey, excluding conflict-of-law principles.
(b) Judicial Forum for Disputes: Except where applicable law dictates otherwise, User and Birch agree that any disputes not subject to arbitration under Section 17, and not eligible for filing in relevant courts under the Section, may only be resolved in a court of competent jurisdiction in Istanbul, Turkey. Both parties’ consent to venue and personal jurisdiction in that location. However, either party may move to compel arbitration or enforce an arbitral award in any court of competent jurisdiction.
Article 20- MISCELLANEOUS
(a) Assignment: User shall not have the right to transfer or otherwise dispose of, whether in whole or in part, the Agreement or the rights and obligations resulting from this Agreement without approval of Birch.
(b) Links to third Party Providers: Birch may link to third party websites or services from the Services. User understands that Birch makes no commitments regarding any content, goods or services provided by such third parties and Birch endorses the same. Birch is also not responsible to User in relation to any losses or harm caused by such third parties. Any charges that User incurs in relation to those third parties are User’s responsibility. User understands that when it provides data to such third parties, such transfer is held with their privacy policy (if any) and Birch’s own privacy policy does not apply in relation to such data.
(c) Waiver: Failure to enforce any part of these Terms does not constitute a waiver of that part. No waiver by any Party of any condition contained in this Agreement, and no waiver by any Party of any breach of any term, covenant, provision, or agreement contained in this Agreement, in any one or more instances, shall constitute or be deemed to be either (i) a waiver by such Party of any other condition contained in this Agreement or a waiver by such Party of any other breach of any term, covenant, provision or agreement contained in this Agreement, or (ii) a continuous waiver by such Party of such condition of such breach.
(d) Entire Agreement: This Agreement supersedes all prior agreements, negotiations, undertakings, representations, warranties and promises between the Parties with regard to the subject matter hereof and contains, the sole and entire Agreement between the Parties in respect of the matters covered hereby.
(e) Severability: If any of the provisions of this Agreement is or becomes invalid, illegal, or unenforceable for any reason, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired. The Parties shall nevertheless negotiate in good faith in order to agree the terms of mutually satisfactory provisions, achieving as closely as possible the same commercial effect, to be substituted for the provisions so found to be void or unenforceable.
(f) Export Controls: User must comply with all applicable export and sanction laws, including those of the United States, Turkey, the European Union, and the United Kingdom, as well as any relevant local laws. These laws prohibit the use of the Services by individuals or entities in sanctioned countries, as well as sanctioned persons. User represents and warrants that it is not located in a sanctioned country or entity, and it will not use the Services in violation of these laws.
(g) Responsible Gaming: While Birch wants User to have an enjoyable experience, it is User’s responsibility to manage its playtime and spending on Services.
(h) Artificial Intelligence: Birch may use AI or generative AI for various purposes, such as customer support, service customization, and generating in-game assets. The license User grant in Section 9 allows Birch to use User content for training AI models. Some AI systems may be provided by third parties, subject to their terms.
(i) Content Recommendations: Birch may use User’s gameplay and purchase data to optimize and personalize the Services, such as tailoring in-game promotions and gifts based on User’s preferences and engagement.
(j) Partnership: Nothing in this Agreement is intended to be construed so as to constitute User and Birch as partners or joint ventures, or either party hereto as the employee, franchisee or legal representative of the other party.
(k) Costs: All costs, expenses, transfer fees, taxes, duties, or charges (including stamp taxes) directly linked to the execution of this Agreement shall be borne equally by Birch and User.
(l) Trademark: Birch and the names, logos, product, game or service names, slogans, and the logos are protected by copyright, trademarks, and other intellectual property rights owned by Birch. These elements may not be copied, imitated, reverse engineered, or used, in whole or in part, without the prior written permission of Birch. All other trademarks, registered trademarks, product names and company names or logos are the property of their respective owners, who may or may not be affiliated with or connected to Birch. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation by us.
(m) Entire Agreement: These Terms represent the entire agreement and supersede previous agreements. The section headings are for convenience and have no legal effect. Communications between User and Birch may be electronic, and Birch may assign these Terms at our discretion. User may not assign its rights under these Terms.
(n) Notices: Birch may notify User via postings within the games, in the games, via e-mail or any other communication means using contact information provided to Birch. All notices given by User or required from User under these Terms of Services or the Privacy Policy will include the full name and a detailed description of reasons for contacting Birch and made to the following addresses:
E-mail: info@birch.games
Mail: Birch Games Oyun Yazılım ve Pazarlama A.Ş., Cihannüma Mah. Faruk Canitez Sk. No: 8, Beşiktaş, İstanbul, Turkey.