Terms of Service

1. Provider

The Service is provided by:

Engin Deniz Usta
Brennerei 2
82024 Taufkirchen
Germany
support@edusta.dev

Further information on the provider is given in the imprint.

2. Definitions

• "We", "us" and "our" refer to Engin Deniz Usta as the provider of the Service.
• "You" and "your" refer to the natural person who uses the Service.
• "Game" means the Taso application for iOS and Android.
• "Website" means the website playtaso.com, where we publish these Terms. Visiting the Website or playing the browser demo on it does not conclude an agreement.
• "Service" means the Game with all features, content and updates we provide through it.
• "Account" means the account the Game creates for you, with or without a sign-in with Apple or Google.
• "Discs" (tasos) means the virtual game discs in your collection, each with a character, a set, a grade and a rarity.
• "Coins" means the virtual currency of the Game.
• "Virtual Items" means Discs, Coins and any other virtual content of the Game.
• "Taso Pro" means the optional paid subscription described in section 8.
• "Store" means Apple's App Store or Google Play, through which the Game is distributed and purchases are sold.
• "Consumer" means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 of the German Civil Code, BGB).

3. Scope and conclusion of the agreement

3.1 These Terms apply to every use of the Game.

3.2 The agreement on the free use of the Game is concluded when you accept these Terms in the Game. The purchase of Coins and of Taso Pro is additionally governed by section 8 and by the terms of the Store.

3.3 These Terms are available in English, Turkish and German; the versions have the same content. The agreement is concluded in the language in which you accepted the Terms, and that version applies to you.

3.4 We store which version of these Terms you accepted and when. You can view, save and print the current version on the Website at any time; on request to support@edusta.dev we send you the version you accepted.

4. Eligibility

4.1 You may use the Service if you are at least 13 years old.

4.2 If you are not yet of legal age, you need the consent of a parent or legal guardian to accept these Terms. Please read these Terms together with them.

4.3 The Game asks for your age range when you first start it; it never asks for your date of birth. If you are under 13, you cannot use the Game. If you are 13 to 15, the Game asks for no consent to personalised ads and you receive only non-personalised ads. The privacy policy sets out the details.

4.4 If you are not yet of legal age, you may make purchases only with the consent of a parent or legal guardian. Parents can use the parental controls of the Store for this, for example Apple's Ask to Buy or purchase approvals in Google Family Link. The statutory rules on contracts made by minors remain unaffected.

5. The Service

5.1 Taso is a physics game based on the traditional Turkish street game: you throw your main disc onto a stack of face-down Discs and win every Disc you flip face up. You can play against a computer opponent and, once signed in with Apple or Google, against other people.

5.2 Playing Taso is free of charge. You can collect Discs and Coins by playing, without paying.

5.3 Some features need a connection to our servers, in particular matches against other people, your collection and your Coins. Without an internet connection, these features are not available.

6. Updates

6.1 For the term of the agreement, we provide the updates to the Game that are needed to keep the Service in conformity with the agreement, including security updates, and we inform you about them in the Game or in the Store.

6.2 If you do not install such an update within a reasonable time although we informed you about it and about the consequences of not installing it, we are not liable for a defect that results solely from that. This does not apply if the installation fails because of faulty instructions from us.

6.3 We may require an up-to-date version of the Game for matches against other people, so that all players play by the same rules.

7. Account

7.1 You do not need to sign in to play. When you first start the Game, it creates an anonymous Account, under which your Discs, Coins and matches are stored.

7.2 You can link your Account to Sign in with Apple or Sign in with Google. A linked Account keeps your collection across devices. Matches against other people require a linked Account. The sign-in services of Apple and Google are subject to their own terms.

7.3 Until you sign in, your Account is tied to this installation of the Game: if you delete the Game, reset your device or move to a new device, the Game starts over with a new Account, and you cannot get your Discs and Coins back.

7.4 You may hold only one Account for yourself and may not sell, give away or share it. You are responsible for keeping access to your device and to any linked Apple or Google account secure. Please tell us without delay at support@edusta.dev if you believe that someone else is using your Account.

Work in progress: Sign in with Apple and Sign in with Google are not in the Game yet; until they are, every Account is anonymous and you can only play against the computer.

8. Purchases and Taso Pro

This section applies only if you buy something in the Game.

8.1 What you can buy

8.1.1 You can buy Coin packs and the Taso Pro subscription. The Store screen in the Game shows what each purchase contains and its price before you buy. At present, Taso Pro adds a daily amount of Coins to your balance for as long as the subscription is active; the Game shows the amount. The amount is credited when you next open the Game; amounts for days you missed are credited for up to 7 days.

8.1.2 Purchases are sold exclusively through the Store, with Apple or Google acting as the seller. The contract for the purchase is concluded with Apple or Google when you confirm the purchase in the Store's payment dialogue. Payment is made to Apple or Google; we never receive your payment details. Nothing is charged without your express purchase in the Store.

8.1.3 Purchases are linked to your Account (section 7). Coins are credited once the Store has confirmed the payment to our server.

8.2 Subscriptions

8.2.1 Taso Pro renews automatically at the end of each period for the same period at the same price, unless you cancel it in your Store subscriptions at least 24 hours before the end of the current period. Payment is charged to your Store account at purchase and at each renewal.

8.2.2 Cancellation takes effect at the end of the current period. Taso Pro remains active until then. Deleting the Game or your Account does not cancel a subscription.

8.2.3 We raise the price of a running subscription only as the Store's rules allow, and the Store asks for your consent where its rules require it. If you do not consent, the subscription ends at the end of the current period.

8.3 Restoring purchases

If you reinstall the Game or use a new device, you can restore an active Taso Pro subscription with the same Store account. Coins you bought are kept with your Account; to keep them across devices, sign in with Apple or Google (section 7.3).

8.4 Refunds and the right of withdrawal

8.4.1 Refunds are handled by Apple or Google under their terms.

8.4.2 Consumers in the European Union have a statutory right of withdrawal for contracts concluded at a distance. Since Apple or Google is the seller, this right relates to your contract with them and is exercised against them in accordance with their terms. The conditions under which the right of withdrawal for digital content and digital services expires early are governed by the applicable law and the Store's terms.

8.4.3 If a purchase is refunded or reversed, we may remove the Coins credited for it, or, where you have already spent them, reduce your Coin balance accordingly.

8.4.4 Your statutory rights in relation to defects (section 15) remain unaffected.

9. Virtual Items

9.1 Discs, Coins and other Virtual Items are part of the Game. We grant you a personal, non-transferable, revocable right to use them in the Game under these Terms; they are not your property, have no monetary value and can only be used in the Game.

9.2 Virtual Items cannot be cashed out or exchanged for real money, goods or anything of monetary value, and cannot be refunded by us, except where the law requires it. The Game offers no way to sell or trade them between players for money. You may not sell, buy, trade or transfer Virtual Items or Accounts outside the Game, and we do not recognise such transactions.

9.3 Our server alone records which Virtual Items you hold. If a fault credits you Virtual Items you are not entitled to, or removes Virtual Items you are entitled to, we may correct your balance.

9.4 Packs contain Discs chosen at random. Before you buy or open a pack, the Game shows you the odds of each rarity. The rarest Discs (Legendary) are never in packs; you can only win them in matches.

Work in progress: The Game does not show the odds of packs yet.

9.5 In matches, both players stake Discs from their collections. The Discs you flip face up are yours, and Discs your opponent flips face up go to your opponent, including Discs from your own collection. Discs you lose in a match are not returned. Stakes are always Virtual Items; you cannot stake money or anything of monetary value, and losing a stake is not a loss of money.

10. Intellectual property

The Game, its source code, its design, the name and logo "Taso", the Discs, their artwork and all other content are protected by copyright and other intellectual property rights and belong to us or to our licensors. Except for the rights granted in sections 9 and 11, no rights are transferred to you.

11. Licence

11.1 We grant you a personal, non-exclusive, non-transferable right, revocable in accordance with section 18, to use the Game for your own entertainment and for non-commercial purposes.

11.2 You may not sublicense, sell, rent or otherwise make available to third parties this right or the Game.

12. Fair play and acceptable use

12.1 You must use the Service only as intended and in compliance with the law. In particular, you must not:

• use cheats, bots, scripts, modified versions of the Game or any other software that gives you an unfair advantage or plays for you;
• exploit faults in the Game, or arrange the results of matches with other players, to obtain Virtual Items; please report faults to us instead;
• access our servers by any means other than the Game, attack, overload or disrupt them, or circumvent any security measure;
• decompile, disassemble or reverse engineer the Game, except where the law expressly permits it;
• hold several Accounts to collect rewards more than once;
• use the Service in a way that infringes the law or the rights of others.

12.2 If you breach section 12.1, we may take the measures set out in section 18.3, and we may remove Virtual Items obtained through the breach.

13. Rewarded ads

13.1 The Game may offer you an ad that you can choose to watch in exchange for Coins. Watching ads is voluntary. The number of rewards per day is limited.

13.2 The ads are provided by Google. Which data Google processes, and how you decide on personalised ads, is set out in the privacy policy. We are not responsible for the content of the ads.

13.3 You receive the reward once Google has confirmed to our server that you watched the ad. If an ad cannot be loaded or Google does not confirm it, no reward is due.

Work in progress: Rewarded ads are not in the Game yet.

14. Third-party services

14.1 The Service uses services of third parties, in particular the Stores, Sign in with Apple, Sign in with Google and Google's ads. Their use is subject to the terms and privacy policies of the respective providers, which are responsible for their services.

14.2 Which service providers process personal data on our behalf is set out in the privacy policy.

15. Statutory warranty and availability

15.1 The statutory provisions on defects apply. For Consumers, this includes the rights in relation to digital products under §§ 327 to 327u BGB.

15.2 We strive to keep the Service available at all times, but we do not guarantee uninterrupted availability. Interruptions may occur, in particular for maintenance, updates or technical faults outside our control. If a match is interrupted by a fault on our side, we settle it according to the rules shown in the Game. Your statutory rights remain unaffected.

15.3 Beyond what is needed to keep the Service in conformity with the agreement, we may change the Service where there is a valid reason, in particular adapting it to a new technical environment, to changed requirements of Apple or Google, to a larger number of players, to new laws or official requirements, for reasons of security or operation, or to keep the Game balanced and fair (for example the Coins awarded per match or the contents of packs). Such a change causes you no additional cost, and we inform you about it clearly and comprehensibly.

15.4 If a change impairs your access to the Service or its usability more than insignificantly, we inform you in good time beforehand, on a durable medium, of its features, its date and your right to terminate the agreement free of charge within 30 days of that information or, if the change takes place later, of the change. This right does not exist if you can continue to use the Service unchanged at no additional cost. You cancel Taso Pro in your Store subscriptions.

16. Limitation of liability

16.1 Our liability is the same for the free and the paid parts of the Service.

16.2 We are liable without limitation for damage caused intentionally or through gross negligence, for defects we have fraudulently concealed, under a guarantee we have given, for injury to life, body or health, and under the German Product Liability Act (Produkthaftungsgesetz).

16.3 In cases of slight negligence, we are liable only for breach of an essential contractual obligation, and then only for the damage that is typical for the contract and foreseeable. An essential contractual obligation is an obligation whose fulfilment makes the proper performance of the agreement possible in the first place and on whose compliance you may regularly rely.

16.4 Otherwise, our liability is excluded.

16.5 The above limitations also apply in favour of persons whom we engage to perform our obligations.

16.6 Your statutory rights as a Consumer remain unaffected.

17. Privacy

How we process personal data is set out in the privacy policy. The privacy policy informs you about that processing; it is not part of the agreement under these Terms, and accepting these Terms is not consent to any processing of your data.

18. Term and termination

18.1 The agreement runs for an indefinite period. It ends when you delete your Account.

18.2 You may end the agreement at any time without notice by deleting your Account, as described on our account deletion page. Your Account, your Discs and your Coins are then deleted for good. Deleting the Game alone does not end the agreement and does not delete your data on our server. You cancel Taso Pro separately in your Store subscriptions (section 8.2).

18.3 We may block an Account that breaches section 12.1, or terminate the agreement for good cause. Where reasonable, we will first warn you and give you the opportunity to remedy the breach. Your statutory rights, in particular in relation to a paid subscription period, remain unaffected.

18.4 We may discontinue the Service altogether and thereby end the agreement. We announce this at least three months in advance in the Game and on the Website. Until then the Service, including Taso Pro, remains available. Your statutory rights remain unaffected.

18.5 Sections 9.2, 10, 16 and 21 continue to apply after the end of the agreement.

19. Changes to these Terms

19.1 We may change these Terms with effect for the future where there is a legitimate reason, in particular a change to the Service, to the law or to case law, and where the change is reasonable for you. We do not change in this way the scope or price of a Taso Pro period you have already paid for.

19.2 Changed Terms apply to you only once you accept them in the Game. The Game shows you the new version with its date and asks for your acceptance; we point out significant changes separately. Your silence or continued use does not count as acceptance.

19.3 Until you accept the changed Terms, you cannot continue to use the Game; your Account and your Virtual Items are kept. If you do not accept, you may end the agreement under section 18.2 and cancel Taso Pro in your Store subscriptions. You can still obtain a copy of your data on request to support@edusta.dev.

20. Apple and Google

20.1 These Terms are concluded between you and us, not with Apple or Google. Apple and Google are not responsible for the Game or its content.

20.2 If you downloaded the Game from Apple's App Store: the licence under section 11 is limited to the use of the Game on Apple-branded devices that you own or control, as permitted by the Usage Rules in the App Store's terms of use, except that the Game may also be accessed and used by other accounts associated with the purchaser through Apple's Family Sharing or volume purchasing.

20.3 We alone, not Apple, are responsible for maintenance and support of the Game. Apple has no obligation to provide maintenance or support services for the Game.

20.4 If the Game fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Game, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Game. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Game to conform to any warranty are our sole responsibility, not Apple's.

20.5 We, not Apple, are responsible for addressing any claims by you or third parties relating to the Game or your possession and use of it, including product liability claims, claims that the Game fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar legislation. In the event of a 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 its investigation, defence, settlement and discharge.

20.6 You confirm that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.

20.7 When using the Game, you must comply with applicable third-party terms, in particular the Store's terms of use and your mobile or internet service agreement.

20.8 Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right to enforce them against you as a third-party beneficiary.

20.9 For the iOS version, these Terms are the end user licence agreement for the Game; Apple's standard licensed application end user licence agreement does not apply.

20.10 If you downloaded the Game from Google Play, Google Play's terms of service apply in addition to these Terms for the download and for purchases.

20.11 Please direct any questions, complaints or claims concerning the Game to us, using the contact details in section 27.

21. Governing law and disputes

21.1 These Terms are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you are a Consumer, this choice of law does not deprive you of the protection afforded by the mandatory provisions of the law of the country in which you have your habitual residence.

21.2 If you are a merchant, a legal entity under public law or a special fund under public law, the courts of Munich, Germany, have exclusive jurisdiction for all disputes arising from or in connection with these Terms.

21.3 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

22. Force majeure

We are not responsible for any failure or delay in performing our obligations that is caused by events beyond our reasonable control, such as natural disasters, epidemics, war, civil unrest, official measures, or the failure of public communication networks or of the infrastructure of our service providers. Section 16.2 remains unaffected.

23. Assignment

23.1 We may transfer our rights and obligations under these Terms to a third party in whole or in part. We will inform you of a transfer in advance; in that case you may terminate the agreement with effect from the date of the transfer.

23.2 You may transfer your rights and obligations under these Terms to a third party only with our prior consent. § 354a of the German Commercial Code (HGB) remains unaffected.

24. Notices

24.1 We give notices concerning the Service and these Terms in the Game. If you have signed in with Apple or Google, we also send notices for which the law requires a durable medium to the email address of that sign-in. If you have written to us, we may also reply to you by email.

24.2 You can send notices to us by email to support@edusta.dev or by post to the address in section 1.

25. Severability and no waiver

25.1 If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain in force. In place of the invalid provision, the statutory provisions apply (§ 306 BGB).

25.2 If we do not exercise or enforce a right under these Terms, or do so only late, this does not constitute a waiver of that right.

26. Entire agreement

These Terms constitute the entire agreement between you and us concerning the Service; how we process personal data is set out in the privacy policy (section 17). Individual agreements made with you take precedence over these Terms (§ 305b BGB). For purchases, the terms of the Store apply in addition.

27. Contact

If you have any questions about these Terms, please contact us:

• Email: support@edusta.dev
• Post: Engin Deniz Usta, Brennerei 2, 82024 Taufkirchen, Germany
• Telephone: given in the imprint