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LEGAL DOCUMENTS

LEARTES STUDIOS COOKIE POLICY

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I. WHAT ARE COOKIES?

Cookies are small pieces of data that websites and online services set on your browser or device. They are used to recognize you on subsequent visits and play a crucial role in enhancing your online experience.
The primary purposes of cookies include:
Personalization: Cookies help personalize your experience on a website by remembering your preferences and settings. For instance, they can keep you logged in, remember your language settings, or maintain your shopping cart in online stores.
Analytics and Performance: They are used to collect information about how you interact with a website. This data can include which pages you visit most often and whether you encounter any errors. Websites use this information to improve their content, navigation, and performance.
Advertising: Cookies play a significant role in advertising. They are used to track your browsing habits and preferences, which helps advertisers display more relevant ads to you. This process is often referred to as targeted or personalized advertising.
Security: Some cookies are essential for security purposes, helping to detect and prevent fraudulent activities and protect your data.
Apart from traditional browser cookies, several related technologies are often grouped under the term 'cookies':
Local Shared Objects (Flash cookies): These are similar to browser cookies but can store more complex data. They are used by Adobe Flash Player and can be managed through Adobe's website rather than your browser.
Beacons, Pixel Tags, and Clear GIFs: These are tiny graphics with a unique identifier, similar in function to cookies. They are used to track the online movements of web users or to access cookies. These are often used in email marketing to know if the emails are opened or clicked on.
Device IDs and Digital Fingerprinting: These involve techniques to uniquely identify a device or browser, enabling more persistent and accurate tracking than traditional cookies. Digital fingerprinting, for example, might combine data like device type, operating system, browser version, and installed fonts to create a unique profile of a device.

II. PURPOSES OF COOKIE USE

Cookies are versatile tools used by websites and online services for various purposes, each contributing to the functionality, security, and user experience of the service.
Here's how cookies are employed for different purposes:
Analytics: Cookies collect data on how users interact with a website, such as pages visited, time spent on each page, and any errors encountered. This information helps website owners understand user behavior, measure the effectiveness of content, and identify areas for improvement. For example, if analytics cookies reveal that a particular page has a high exit rate, the site might revise that page to better engage users.
Ad Interactions: In advertising, cookies track users' online activities, such as the websites they visit and the products they show interest in. This data is used to display targeted ads that are more relevant to the individual user.
Performance Improvement: Cookies enhance the performance of websites by remembering users' preferences and actions. For example, a website might use a cookie to remember that you've already signed in so that you don't need to log in every time you visit. They can also enable faster loading of frequently accessed content.
Fraud Prevention: Security cookies help in detecting and preventing fraudulent activities. They can identify irregularities in user behavior that may indicate fraud, such as repeated failed login attempts or transactions from unexpected locations. By tracking such activities, cookies contribute to the overall security of online services.
Content Customization: Cookies enable websites to provide a tailored experience by remembering users' settings and preferences. For instance, if you frequently browse 2D platformer assets on our game asset store, cookies will help remember your preference and display more 2D platformer assets on your next visit.
In each of these uses, cookies play a crucial role in enhancing user experience, improving platform and website functionality, ensuring security, and making advertising more relevant and effective.

III. TYPES OF COOKIES WE USE

Cookies can be categorized based on their purpose and functionality.
Here are the key categories and their roles:
Strictly Necessary Cookies: These are essential for the basic functioning of the website. They are typically used to enable services you have specifically requested, like logging into secure areas of a site, using a shopping cart, or making payments. Because they are crucial for the operation of a website, they do not require consent under most privacy laws. Additionally, these strictly necessary cookies are used in compliance with Turkey's Law No 5651 - 'Regulation of Publications on the Internet and Suppression of Crimes Committed by Means of Such Publication,' to fulfill legal obligations and maintain website integrity.
Functionality Cookies: These cookies allow websites to remember choices you make (such as your user name, language, or the region you are in) and provide enhanced, more personal features. They are used to enable a personalized experience for the user. For example, a website might use a functionality cookie to remember your preferences for text size, fonts, and other customizable aspects of the site.
Performance Cookies: These cookies collect information about how visitors use a website, for instance, which pages visitors go to most often, and if they get error messages from web pages. They don't collect information that identifies a visitor; all information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.
Third-Party Advertising Cookies: These cookies are used by advertising companies to collect information about your browsing habits and preferences, so they can display ads that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign.
Social Media Cookies: These cookies are set by a range of social media services that have been added to the site to enable you to share content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies, you may not be able to use or see the sharing tools.

IV. COOKIE MANAGEMENT TOOL

At Leartes Studios, we understand the importance of your privacy and give you control over the cookies used on our website and associated platforms. To facilitate this, we have integrated a user-friendly cookie management tool that allows you to manage your cookie preferences effectively.
How to Access the Cookie Management Tool:
Initial Visit: Upon your first visit to our website, a cookie banner will be displayed, informing you about the use of cookies. This banner provides a direct link to our cookie management tool.
Returning Users: If you wish to change your preferences at any time after your initial visit, you can easily access the cookie management tool. This can be done by clicking on the “Cookie Settings” link, which is available at the footer of every page on our website. Additionally, for ease of access, a dedicated icon may also be present on our pages, allowing direct access to the cookie settings.
How to Use the Cookie Management Tool:
  • Reviewing Cookie Information: The tool provides detailed information about the various types of cookies used on our site, including strictly necessary cookies, performance cookies, functionality cookies, advertising cookies, and social media cookies. You can learn about the purpose of each cookie category and how they impact your experience.
  • Customizing Your Preferences: You can choose to accept or decline different categories of cookies according to your preferences, except for strictly necessary cookies, which are essential for the website's functionality.
  • Saving Your Preferences: After making your selections, you need to save your preferences. The website will remember your choices and apply them on subsequent visits.
  • Changing Your Preferences: Your cookie preferences are not irreversible. You can return to the cookie management tool at any time to adjust your settings
Effect of Disabling Cookies:
While cookies are essential for certain functionalities of our website, we respect your choice to disable them. It's important to note, however, that disabling cookies will affect how our website functions for you:
Non-Personalized Content: If you choose to disable cookies, the content and products you see on our site will no longer be personalized to your preferences. This means you will experience our website similarly to someone who has never visited it before. The products displayed will be standard offerings, not tailored to your specific interests or browsing behavior.
Basic User Experience: Without cookies, our website can only provide a basic user experience. You will still be able to browse and view products, but the functionality and user experience might be limited compared to when cookies are enabled.
By providing this cookie management tool, Leartes Studios aims to offer you transparency and control over your online privacy and preferences.

V. USE OF GOOGLE ANALYTICS

At Leartes Studios, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to understand how our visitors engage with our website and services. This information is crucial for us to improve our website's functionality, user experience, and tailor our content and services to better meet your needs
How We Use Google Analytics:
Data Collection and Usage: Google Analytics uses cookies to collect information about your interactions with our website, including the pages you visit, the time you spend on each page, the links you click on, and the frequency of your visits. This information is used to compile reports and help us improve the website.
Anonymized Data: The information generated by the cookies about your use of the website (including your IP address) will be transmitted to and stored by Google. We have implemented IP anonymization, which means Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area.
How to Opt Out of Google Analytics:
Browser Add-on: If you prefer that your website visit data is not used by Google Analytics, you can install the Google Analytics opt-out browser add-on. This add-on instructs the Google Analytics JavaScript running on websites to prohibit sending information to Google Analytics. To install the opt-out browser add-on, visit Google Analytics Opt-out Browser Add-on.
Adjusting Browser Settings: You can also control the information websites can collect about you by adjusting your browser’s privacy settings. Most modern browsers offer options to block third-party cookies, which will limit the data that analytics services and other websites can collect.
Additional Information:
Google’s Use of Data: Google may also use the data collected to contextualize and personalize the ads of its own advertising network. For more information on how Google uses data when you use our site, please visit How Google uses data when you use our partners' sites or apps
Commitment to Privacy: We are committed to respecting your privacy and understand the importance of providing you control over your data. Our use of Google Analytics is in compliance with relevant data protection regulations and is intended to improve the user experience on our website.

VI. TOOLS FOR ENHANCED COOKIE CONTROL AND DEVICE-LEVEL OPT-OUT OPTIONS

In addition to our integrated cookie management tool, there are various browser plugins and device-level settings that can enhance your control over cookies and related tracking technologies.
Browser Plugins for Enhanced Cookie Control:
Ghostery: This browser extension detects and blocks tracking technologies on the websites you visit, providing protection against ads, trackers, and other scripts. It can help you manage which data is collected about your online activity. Learn more and download at Ghostery's website.
AdBlock: Popular for blocking ads, AdBlock also stops trackers and helps protect your privacy. It offers customizable features to manage website scripts and cookies. Visit AdBlock's website for more information.
Privacy Badger: Developed by the Electronic Frontier Foundation, this tool automatically learns to block invisible trackers and control intrusive cookies. For more details, visit Privacy Badger's website.
Device-Level Opt-Out Options:
For iOS Devices:
Go to "Settings" > "Privacy" > "Advertising".
Enable the "Limit Ad Tracking" option. This setting restricts advertisers from using your iOS device`s unique identifier for targeted advertising.
“Settings” > "Safari" > "Advanced” > "Block All Cookies"
This setting will block all cookies on Safari, the default browser on iOS devices.
For Android Devices:
Open "Settings" and navigate to "Google" > "Ads".
Select “Opt Out of Ads Personalization”. This will prevent your Android Advertising ID from being used for personalized ad targeting.
Resetting Advertising IDs:
Both iOS and Android devices allow you to reset your device’s advertising identifier, which can help disrupt tracking based on previous data.

VII. ADDITIONAL CONSIDERATIONS:

We recommend checking for updates to these tools and your device settings regularly, as technologies and privacy features evolve over time.
By providing this information, we aim to empower you, our users, with choices and tools to manage your online privacy and preferences effectively.

VIII. UPDATING THE POLICY

We may update our cookie policy and practices over time. In such cases, we will notify you of any significant changes and prompt you to review and update your cookie preferences.

Leartes Studios Data Privacy Notice and Clarification Text

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General InformationLeartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi (“Company”) respects its clients’, visitors’ and employees’ concerns about privacy and data protection. This Clarification Text is not a contract and does not create any contractual rights or obligations.This Clarification Text describes the types of personal information Leartes Studios collects about users of our services, how we may use the information and with whom we may share it. The clarification text also describes the measures we take to safeguard the personal information. The clarification text also informs about the rights of data subject.This Clarification Text has been drafted in accordance with the European Union General Data Protection Regulation (“GDPR”), Turkish Law No.6698 (“KVKK”), Consumer Data Protection Act of State of Virginia (“ CDPA”), and California Privacy Rights Act of State of California (“ CPRA”).What is personal data?Personal data means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data. In this context, the data of legal entities are not within the scope of the personal data protection legislation. However, personal data belonging to natural persons representing legal entities are subject to the processing conditions and legal protection shown herein and in the data texts of Leartes Studios.Information which cannot be linked to your real identity is not considered personal data.
Data ControllerThis Clarification Text applies for the data processing carried out by:Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim ŞirketiAddress: Merdivenköy Mah. Dikyol Sk. B Blok No: 2 İç Kapı No: 193 KADIKÖY/ İSTANBULPhone Number: +90 5551416847E-Mail: privacy@leartesstudios.com If you have any queries with regard to the processing of your personal data, please contact the Company. The Data Protection Team is also available to help with data subject access requests, take suggestions or handle complaints.
DefinitonsFor the purposes of this Clarification Text;
"Consent": Means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to Data Subject.
"Contract": Means any contract between Company and data subject.
"Controller": Means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
"Data Subject": Means the identified or identifiable living individual to whom personal data relates.
"Personal Data": Means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing": Means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
"Processor": Means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
"User": Refers to the natural and legal persons who visit the Website and Platforms offered by Leartes Studios (“ Visitors“) and the natural and legal persons who are members of these websites and platforms (“ Members“).
Data Categories Obtained and Processed by Company
Data CategoryPurpose of ProcessingLegal Basis
Traffic DataLegal ObligationLaw No. 5651 - GDPR(6)(1)(c) - KVKK(5)(2)(ç)
Identification Data (name, gender, nationality etc.)Contractual Relationship / Legal Obligation / Necessity for legitimate interestsGDPR(6)(1)(b) - KVKK(5)(2)(c)
GDPR(6)(1)(c) - KVKK(5)(2)(ç)
GDPR(6)(1)(f) - KVKK(5)(2)(f)
Address DataContractual Relationship / Legal Obligation / Necessity for legitimate interestsGDPR(6)(1)(b) - KVKK(5)(2)(c)
GDPR(6)(1)(c) - KVKK(5)(2)(ç)
GDPR(6)(1)(f) - KVKK(5)(2)(f)
Communication Data (phone number, e-mail etc.)Contractual Relationship / Legal Obligation / Necessity for legitimate interestsGDPR(6)(1)(b) - KVKK(5)(2)(c)
GDPR(6)(1)(c) - KVKK(5)(2)(ç)
GDPR(6)(1)(f) - KVKK(5)(2)(f)
Payment DataContractual Relationship / Legal Obligation / Necessity for legitimate interestsGDPR(6)(1)(b) - KVKK(5)(2)(c)
GDPR(6)(1)(c) - KVKK(5)(2)(ç)
GDPR(6)(1)(f) - KVKK(5)(2)(f)
Customer Preference DataContractual Relationship / Legal Obligation / Necessity for legitimate interestsGDPR(6)(1)(b) - KVKK(5)(2)(c)
GDPR(6)(1)(c) - KVKK(5)(2)(ç)
GDPR(6)(1)(f) - KVKK(5)(2)(f)
Audio DataNecessity for legitimate interestsGDPR(6)(1)(f) - KVKK(5)(2)(f)
Data Regarding to Customer RequestsNecessity for legitimate interestsGDPR(6)(1)(f) - KVKK(5)(2)(f)
Legal Consent DataLegal ObligationLaw No. 6698 - GDPR(6)(1)(c) - KVKK(5)(2)(ç) - GDPR (7)(1)
Visiting Leartes Studios’ Platforms“Leartes Studios” is committed to preserving the privacy of the users of their services and online platforms. When a data subject visit our web sites, our servers always temporarily save the connection data of the computer connecting to our site, a list of the web sites that you visit within or via our web sites, the date and duration of your visit, the IP address of your device, the identification data of the type of browser and operation system used as well as the web site through which you linked to our site. This type of data is necessary for conducting our activities in accordance with the laws and other applicable legislation. Additional personal information such as your name, address, telephone number or e-mail address is not collected unless you provide this data voluntarily and with your consent such as through completing an online contact form, as part of a registration, fulfilment of contract or an information request. This data is only collected and processed based on the original purpose of collection.The legal basis for the processing of the aforementioned data categories is legitimate interests Art. 6 (1) f of the General Data Protection Regulation and necessity for compliance with a legal obligation to which the controller is subject Art. 6 (1) c of the General Data Protection Regulation. Also KVKK Art. 5 (2) (f) and KVKK Art. 5 (2) (ç) establishes legal basis for processing of the aforementioned data.Performance of a contractFor contractual reasons, we also need personal data to provide our services and comply with the obligations arising from contractual agreements concluded with you. This data is used for managing customer data, ensuring operational security, conducting our activities in accordance with the laws and other applicable legislation and handling payments. This data can also be used in order to carry out information security processes and to carry out archiving activities accordingly with laws.The legal basis is necessary for the performance of a contract Art. 6 (1) (b) GDPR and Art. 5 (2) (c) of KVKK.Legal ObligationsLeartes Studios is dedicated to complying with legal obligations, including court orders, judicial orders, and administrative orders. When required by law, we process personal data to fulfill these obligations. This includes but is not limited to:
  • tickResponding to Legal Requests: When we receive a court order, judicial order, or administrative order, we process the necessary personal data as mandated by law. This may involve sharing data with law enforcement agencies, courts, or other governmental bodies.
  • tickRegulatory Compliance: We process data to comply with various regulatory requirements. This includes maintaining records, reporting to authorities, and adhering to legal standards and practices.
  • tickLegal Disputes and Investigations: In the event of legal disputes or investigations, we may process personal data as required to establish, exercise, or defend legal claims.
This data processing is grounded in the necessity to comply with legal obligations to which Leartes Studios is subject, as outlined in Art. 6 (1) c of the General Data Protection Regulation and relevant provisions of other applicable legislations.Data Processing for Security PurposesLeartes Studios also processes data to ensure the security of its services, connections, and physical premises. This encompasses:
  • tickService Security: Monitoring and analyzing data traffic to prevent unauthorized access, cyber-attacks, and other malicious activities. This includes the use of firewalls, intrusion detection systems, and other security measures.
  • tickConnection Security: Ensuring the integrity and security of the connections made to our online platforms. This involves encrypting data transmissions and authenticating users to protect against unauthorized access.
  • tickPhysical Security: Implementing measures to secure our physical premises, such as access controls, surveillance systems, and security personnel. This is to prevent unauthorized access, theft, or damage to our physical assets.
This aspect of data processing is based on legitimate interests Art. 6 (1) f of the General Data Protection Regulation and the necessity for ensuring the security of processing as per Art. 32 GDPR and corresponding provisions in other applicable legislations.Customer Satisfaction PurposesTo ensure providing high quality and secure services to our customers and members Leartes Studios processes customer preference data, audio data and data regarding to customer requests. Those data usually obtained through online channels such as; web site support page, live support service, filling out request form, sending a request to Company via e-mail. Those type of data could also be obtained when a customer sends physical document to Company or calls Leartes Studios Customer Service.The legal basis for the processing of the aforementioned data categories is legitimate interests Art. 6 (1) f of the General Data Protection Regulation and necessity for compliance with a legal obligation to which the controller is subject Art. 6 (1) c of the General Data Protection Regulation. Also KVKK Art. 5 (2) (f) and KVKK Art. 5 (2) (ç) establishes legal basis for processing of the aforementioned data.Processing for advertisement purposesYour e-mail address and communication data could be processed for marketing of other web sites and apps that belongs to Leartes Studios other than purposes listed above (eg. Service communication). Legal basis for the processing for advertisement processing is Art. 6 (1) f) GDPR and Art. 5 (2) f of KVKK. The processing of customer data for own direct marketing purposes is regarded as carried out for a legitimate interest.For other advertisements, including advertisements for third party product or services, we will process your data with your explicit consent in accordance with GDPR Art. 6 (1) (a) and KVKK Art. 5 (1). You have right to object at any time to this processing. To exercise your right, simply get in touch with us by using the contact details mentioned above under “ DATA CONTROLLER”. In case you file an objection the data will be deleted and no longer be processed for such purposes.
Usage of Personal Data and Principles
  • Provide services
  • Process and collect payments
  • Provide customer support and respond to and communicate with you about your requests, questions and comments
  • Establish and manage your account
  • Offer you products and services we believe may interest you
  • Communicate about, and administer your participation in, special events, programmers, surveys, contests, prize draws and other offers or promotions
  • Process claims we receive in connection with our services
  • Operate, evaluate and improve our business (including developing new products and services; managing our communications; determining the effectiveness of our sales, marketing and advertising; analyzing and enhancing our products, services, websites and apps; ensuring the security of our networks and information systems; performing accounting, invoicing, reconciliation and collection activities; and improving and maintaining the quality of our customer services)
  • Perform data analyses (including market and consumer search and analytics, trend analysis, financial analysis and anonymization of personal information)
  • Protect against, identify and prevent fraud and other prohibited or illegal activity, claims and other liabilities
  • To protect Company’s commercial reputation
  • To ensure ability to operate preventive or alternative dispute resolutions
  • Fulfil obligations as part of statutory requirements;
  • Fulfil our security requirements (e.g., for crime detection purposes);
  • Compile statistics
  • For the purposes of quality assurance, process optimisation and planning certainty
  • Conducting internal studies for the development of services
  • Ability to fulfill the company's audit obligations
  • Comply with applicable legal requirements and our policies
  • Establish, exercise and defend legal claims
  • Monitor and report compliance issues
The main principles that Leartes Studios complies with while collecting, storing and processing the personal data of the Data Subjects are listed below;
  • To operate Personal Data processing processes in accordance with the law, legislation and good faith
  • To process personal data accurately and by keeping them up-to-date when necessary
  • To collect, store and process data in accordance with the purpose of the services provided and only for these limited purposes
  • To store the personal data collected and processed for the period required by the law and the relevant legislation, and to anonymise or delete such data upon expiry of the relevant legal periods
Data RetentionYour personal data will not be kept for any longer than is necessary to fulfill the purposes that data has been collected, as specified by applicable retention policies, and/or as required by applicable legislation. Our retention policies reflect Turkish statutory obligations of Leartes Studios. Our retention policies are fully compliant with EU GDPR.The Company shall retain personal data collected from data subjects only for as long as necessary to fulfill the purposes for which it was collected, unless a longer retention period is required or permitted by applicable law. Upon the expiration of the retention period or upon the data subject's request for deletion, the Company shall promptly delete or anonymize the personal data in a manner that ensures its permanent destruction and prevents any further processing.Leartes Studios stores data accordingly with laws and regulations listed here;
  • Law No. 6698 on the Protection of Personal Data
  • Turkish Code of Obligations No. 6098
  • Turkish Commercial Code No. 6762
  • Law No. 6502 on Consumer Protection
  • Tax Procedure Law No. 213
  • Information Law No. 4982
  • Law No. 5651
  • Regulation on Commercial Communication and Commercial Electronic Messages Published in the Official Gazette dated 15.07.2015 No. 29417 and the Regulation on Archive Services
  • GDPR
Notwithstanding the above, the Company may retain personal data to the extent necessary to comply with its legal obligations, resolve disputes, enforce its rights, or protect its legitimate interests.In the event of a data subject's request for deletion or withdrawal of consent, the Company shall make reasonable efforts to inform any third parties with whom it has shared the personal data, unless such notification is impossible or involves disproportionate effort.Personal Data are stored for the retention periods stipulated within the framework of other secondary regulations in force in accordance with these laws.
Data TransferWe may transfer the personal information we collect about you to countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information.When we transfer your personal information to other countries, we will protect that information as described in this Clarification Text and in accordance with applicable law. We use contractual protections for the transfer of personal information among various jurisdictions.We may transfer your data;
  • To our Business Partners at home or abroad in order to carry out our archiving activities,
  • To our Business Partners at home or abroad, where we receive services within the scope of service performance in the processes of intermediation and marketplace activities,
  • To Authorized Payment Institutions and banks where we receive support for Payment Solutions,
  • To our Business Partners, where we receive services in the fields of customer relations and communication management,
  • To our Business Partners who provide services in the field of advocacy and legal consultancy in order to secure legal issues
  • To competent judicial bodies, if requested by courts, enforcement offices and other competent judicial bodies,
  • To the relevant service providers within the scope of service communication.
The transfer of personal data shall be carried out in compliance with applicable data protection laws, including the European Union General Data Protection Regulation (GDPR), Turkish Law No. 6698 (KVKK), Consumer Data Protection Act of State of Virginia (CDPA), and California Privacy Rights Act of State of California (CPRA).The Company shall take appropriate measures to ensure that any third party receiving personal data provides an adequate level of protection in accordance with the applicable data protection laws. The transfer of personal data to third parties shall be limited to the extent necessary for the purposes specified in this Clarification Text, and shall be conducted in a manner that respects the rights and freedoms of the data subjects.In the event that the Company transfers personal data to a country or organization outside the European Economic Area (EEA) or a country deemed by the European Commission to provide an adequate level of data protection, the Company shall ensure that appropriate safeguards, such as standard contractual clauses or binding corporate rules, are in place to protect the transferred personal data.Data subjects may contact the Company's Data Protection Team for further information regarding the transfer of their personal data and the safeguards implemented to protect their rights and freedoms.
Data Protection MeasuresLeartes Studios keeps administrative, technological, and physical precautions in place to protection against accidental, unlawful, or unauthorized destruction, loss, modification, access, disclosure, or use of the personal information Data Subjects provide. More detailed information could be obtained by reaching out Data Controller.
Rights of Data SubjectRegarding your personal data in accordance with the law you have the following rights;
  • A) Right to Know: Learning if personal data is processed
  • B) If your personal data has been processed, right to request information about it,
  • C) Right learn the purpose of processing your personal data and whether they are used in accordance with their purpose,
  • Ç) Right to know the third parties to whom personal data is transferred at home or abroad
  • D) Right to request correction of your personal data in case of incomplete or incorrect processing,
  • E) Right to request the deletion or destruction of your personal data in case the reasons requiring its processing disappear,
  • F) Right request that the transactions made in accordance with subparagraphs (d) and (e) be notified to the third parties to whom your personal data has been transferred,
  • G) Right to object to the emergence of a result against you by analyzing your processed data exclusively through automated systems,
  • H) Right to request compensation for the damage in case you suffer damage due to unlawful processing of personal data,
  • G) In addition, your Personal Data is processed in compliance with the GDPR. Therefore, you also have the right to object to the scope of data processing instead of requesting deletion.The data subject have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Art. 6 of GDPR, including profiling based on those provisions. The Company will no longer process the personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
You have rights and you can use these rights by applying to our company that collects, stores and processes your personal data as a data controller.If you request to restrict the processing of your Personal Data for the reasons set out in subparagraph (g) above, this personal data - except for their storage - will only be processed with the consent of the data owner or for the purposes of establishing, using and/or defending and/or protecting legal claims and/or protecting the rights or important public interests of another natural or legal person.In accordance with Law No. 6698 and in addition to your rights listed herein, the rights you have under the GDPR are as follows:
  • tickRight of access (as specified in subparagraphs a and b above)
  • tickRight to Information (as specified in subparagraphs a and b above)
  • tickRight to rectification (as specified in subparagraph d above)
  • tickRight to delete ('Right to be forgotten') (as specified in subparagraph e above)
  • tickRight to restriction of processing (as specified in subparagraph g above)
  • tickRight to data portability (as specified in subparagraph f above)
  • tickRight to object (as specified in subparagraph g above)
Rights of Data Subject (For US residents only)US resident customers also have right to Opt-Out of Sale or Sharing of Personal Information through Do Not Sell or Share My Personal Information page on the web site. This right is mirroring of right to restriction of processing and right to object as in GDPR, however, for legal compliance US resident should use this right through the link given above. Only US residents’ requests will be evaluated and accepted through that link. To make a clarification; Leartes Studios never sells any portion of personal data in any circumstance.US resident customers also have right to appeal if they are not satisfied with initial decision of the company regarding to usage of their rights.US resident customers also have right of no retaliation following opt-out or exercise of other right.
Procedure for Usage of RightsIn order to exercise your rights regarding your personal data, you must first contact the Data Controller. According to Article 14 of KVKK, it is not possible to file a direct complaint with the Personal Data Protection Board. Data Subjects can send their requests with regards to their rights stated above to: Merdivenköy Mah. Dikyol Sk. B Blok No: 2 İç Kapı No: 193 KADIKÖY/ İSTANBUL in writingWith a secure electronic signature or mobile signature and/or by using your registered e-mail address to privacy@leartesstudios.comYour application shall consists of;
  • For citizens of the Republic of Turkey, your identity number, if you are a foreigner, your passport number or your identity number,
  • Your location or workplace address
  • If any, your e-mail address, phone and fax number
  • It is mandatory to have your request subject, and if any, information and documents related to the subject must also be added to the application.
Your application may be finalized within 30 (thirty) days and (i) it can be either accepted and or (ii) it may be rejected by explaining the justification. If your request is accepted, Company will provide detailed information regarding to process.If the requests you have directed to the Company are rejected by the Company, or if you are not satisfied with the answer given by the Company or your requests are not answered, you can file a complaint with the Personal Data Protection Board within 30 days from the date the answer is notified to you. If no response is given, you can file complaint to Personal Data Protection Board within 30 days from the end of the 30-day period that is aforementioned in the previous paragraph.
Non-DiscriminationIf you exercise any of the aforementioned privacy rights or any other rights granted to you by the KVKK, GDPR or CPRA Leartes Studios may not treat you differently including but not limited to;
  • tickDenying your access to goods or services
  • tickCharging different rates or prices for products or services,
  • tickDelivering lower standard service
  • tickImplying that you will be charged a different price or rate for services, or that the services will be of a lower quality
Updates To Our Clarification TextThis Clarification Text may be updated periodically and without prior notice to you to reflect changes in our personal data and privacy practices. We will post a prominent notice on our websites to notify you of any significant changes to our Clarification Text and indicate at the top of the notice when it was most recently updated.

LEARTES STUDIOS PRIVACY POLICY

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We have prepared Leartes Studios Privacy Policy in order to ensure compliance with national and international legislation in effect, particularly the Law on the Protection of Personal Data (the “Law”) and the European Union General Data Protection Regulation (“GPDR”)
More information regarding to protection of personal data and data subjects’ rights could be found on Leartes Studios General Clarification Text: https://cosmos.leartesstudios.com/legal
More information regarding the usage of cookies could be found on: https://cosmos.leartesstudios.com/cookies
At Leartes Studios, we prioritize the security of your data and employ robust measures to ensure its protection. Our commitment to safeguarding your information is reflected in the following key practices:Our website operates exclusively over HTTPS, ensuring that all data transmitted between your browser and our servers is encrypted and secure. This encryption protects your data from being intercepted or tampered with during transmission.We take extra precautions with your sensitive data, such as passwords and critical personal information. This data is encrypted before it is stored in our database. This means that even in the unlikely event of unauthorized access to our database, the data would remain secure and unreadable.We strictly adhere to a policy of not storing any critical user information in plain text. All sensitive data is securely encrypted using advanced encryption methods, ensuring the highest level of data protection.Our website exclusively uses SSL technology. This advanced security protocol encrypts the data transmitted between your browser and our servers. Whether you are browsing our game asset store, logging in, or updating your personal information, every action is protected through SSL encryption. SSL encryption safeguards your data against unauthorized access, interception, or tampering. This means any information you share with us, from personal details to browsing data, is securely transmitted, and kept confidential.Leartes Studios retains personal data only for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws and regulations. Upon expiry of the retention period, Leartes Studios shall securely delete or anonymize the personal data, unless further retention is necessary for legitimate business purposes or legal obligations. Leartes Studios shall ensure that any personal data no longer required is effectively and permanently disposed of in a manner that prevents unauthorized access or disclosure.Leartes Studios does not knowingly collect or process any personal data from children aged 13 and under. Our services are not designed for or targeted at children under the age of 13.Leartes Studios may use anonymized or aggregated data for research, analytics, or service improvement purposes. This usage is conducted in a manner that does not personally identify any individual user.Understanding the importance of secure transactions, we have partnered with Xsolla, a leading global payment solution provider specializing in gaming transactions. Xsolla provides a highly secure payment gateway for all transactions made on our platform. This integration ensures that your payment details are processed in a secure environment, compliant with international security standards.When you make a purchase on our site, Xsolla handles your payment details with robust encryption and fraud protection measures. Your payment data is never stored on our servers, further ensuring the security of your sensitive financial information. Xsolla supports a wide array of payment methods, allowing you to choose the one most convenient for you, while ensuring the same high level of security across all options.
Our Pledge to Data Security & Privacy:Protecting your privacy is at the core of our data security efforts. We are committed to maintaining the confidentiality and integrity of your personal information. We continuously monitor our security practices and update them as necessary to address new threats and vulnerabilities.In the event of a data breach, we commit to notifying all affected users within 72 hours of becoming aware of the breach. We will also report the breach to the appropriate authorities in compliance with legal obligations.For any privacy concerns or inquiries, please contact us at privacy@leartesstudios.com. Our team is dedicated to addressing your questions and safeguarding your privacy.For requests and inquiries related to Personal Data, you are required to apply through the channels specified in the Leartes Studios General Clarification Text and with the procedure shown in the relevant text.

COSMOS TERMS OF USE

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This document shall be referred to as the "Cosmos Terms of Use" (hereinafter referred to as the “Agreement”)
Article I. PartiesSection 1.01 Parties of the AgreementThis Agreement is a legal and binding contract between:
(a)Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi (hereinafter referred to as “Leartes Studios” or “We”), owner and operator of the Cosmos Website/Platform (hereinafter referred to as “Cosmos”) and,
(b)any individual or entity who accesses or uses the Cosmos (hereinafter collectively referred to as “Users”). This includes both registered members (hereinafter referred to as “Members”) and non-registered visitors (hereinafter referred to as “Visitors”).
Article II. Scope and Acceptance of AgreementSection 2.01 Scope of the Agreement
(a)This Agreement sets forth the general terms and conditions applicable to all Users of the Cosmos Website/Platform. By accessing or using the Cosmos website, including browsing, registering for membership, or purchasing assets, Users agree to comply with and be bound by the terms of this Agreement.
Section 2.02 Reference to Digital Asset Licensing Agreement
(a)Specific terms related to the licensing and intellectual property rights of individual digital assets are governed by a separate "Digital Asset Licensing Agreement," which must be accepted by Users at the time of each asset purchase.
Article III. Definitions Section 3.01 Definitions
(a)Asset: Any digital content, including but not limited to environments, 3D assets, visual effects (VFX), sounds, tools, and materials, currently available or made available in the future for license or purchase on the Cosmos Website/Platform.
(b)Digital Asset Licensing Agreement: A separate agreement that governs the specific licensing terms and intellectual property rights related to individual assets purchased by Users on the Cosmos Website/Platform.
(c)Intellectual Property: Refers to creations of the mind, such as assets, trademarks, copyrights, patents, and trade secrets, particularly as they relate to the digital content available on the Cosmos Website/Platform.
(d)User: Any individual or entity that accesses or uses the Cosmos Website/Platform, including both Members and Visitors.
(e)Member: An individual or entity that has registered for an account on the Cosmos Website/Platform and agreed to comply with the terms of this Agreement.
(f)Visitor: An individual or entity that accesses the Cosmos Website/Platform without registering for an account.
(g)
Website: The online platform operated by Leartes Studios, accessible at cosmos.leartesstudios.com, where Users can browse, register for membership, purchase licenses, and download assets.
Article IV. Membership EligibilitySection 4.01 Age and Legal Capacity Requirements
(a)Majority and Capacity: Only individuals who have attained the age of majority, as defined by the governing laws of their respective domicile, and who have not been previously suspended or removed from the Cosmos Website/Platform, are eligible to enter into this Agreement. By accepting these terms and registering for an account, the individual warrants that they have reached such legal age of majority and possess the legal capacity to form a binding contract under applicable law.
(b)Representation of Majority: Each Member hereby represents and warrants that they have the legal authority and capacity to enter and adhere to the terms of this Agreement. In jurisdictions where the age of majority is greater than eighteen (18) years, the Member affirms that they have attained that age.
(c)Legal Entities: In the case of a legal entity seeking membership, the entity must be duly organized, validly existing, and in good standing under the laws of its jurisdiction of incorporation or formation. The individual executing this Agreement on behalf of the legal entity represents and warrants that they have the authority to bind the entity to the terms and conditions of this Agreement. The legal entity must ensure compliance with all applicable laws and regulations in its jurisdiction, including those pertaining to online commerce and digital asset licensing.
Section 4.02 Account Registration and Security
(a)Creation and Maintenance of Account: Membership necessitates the establishment of an account on the Cosmos Website/Platform. The Member is obliged to furnish accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Cosmos reserves the right to suspend or terminate, without prior notice, any account that is suspected to contain inaccurate, outdated, or incomplete information.
(b)Confidentiality Obligation: Members are solely responsible for maintaining the confidentiality of their account credentials, including but not limited to the username and password associated with their account. Members agree to notify Cosmos immediately of any unauthorized use of their account or any other breach of security. Cosmos disclaims any liability for losses or damages arising from the Member's failure to comply with this provision.
(c)Prohibition of Unauthorized Use: Members are prohibited from authorizing third parties to use their account, and from selling, trading, or otherwise transferring their Cosmos account to another party. The Member acknowledges that they are responsible for all activities that occur under their account and agrees to indemnify Leartes Studios for any unauthorized, improper, or illegal use of their account.
(d)Security Measures: Members are encouraged to use robust security measures, including strong passwords, to protect their account. While Leartes Studios endeavors to protect Member accounts, the Member undertakes that they shall take precautions in securing their account against unauthorized access.
(e)Liability for Account Misuse: Members accept full responsibility for any and all activities conducted through their account. Leartes Studios, reserves the right to suspend or terminate a Member's account if it is used to engage in illegal or fraudulent activities, or in a manner that violates the terms of this Agreement.
Article V. Account Creation and ManagementSection 5.01 Account Registration Process
(a)To become a Member of the Cosmos Website/Platform, an individual or entity must complete the account registration process. During registration, the Member is required to provide accurate, current, and complete information as requested by Cosmos.
(b)The Member acknowledges and agrees that any information provided during the registration process will be treated in accordance with the Privacy Policy of Cosmos, as outlined in Section 9.01
Section 5.02 Account Security and Confidentiality
(a)The Member is solely responsible for maintaining the confidentiality and security of their account credentials, including but not limited to the username and password associated with their account.
(b)The Member agrees to promptly notify Leartes Studios in writing of any unauthorized use of their account or any other breach of security.
(c)Leartes Studios shall not be liable for any losses or damages arising from the Member's failure to comply with their confidentiality and security obligations, including unauthorized access to their account.
Section 5.03 Prohibition on Account Transfer
(a)The Member acknowledges and agrees that they are prohibited from authorizing any third party to use their account on the Cosmos Website/Platform.
(b)The Member further acknowledges and agrees that they shall not sell, trade, or otherwise transfer their Cosmos account to any other individual or entity.
Section 5.04 Obligation to Comply with Applicable Laws
(a)Compliance with Laws: Users must adhere to all applicable local, national, and international laws and regulations in their use of the Cosmos. This includes laws related to intellectual property, digital asset licenses, e-commerce, privacy, and online conduct.
(b)Prohibition of Data Mining: Users are expressly prohibited from engaging in data mining, data harvesting, data extracting, or any other similar activity in relation to the Cosmos Website/Platform. This includes the use of automated systems or software to extract data from the website for commercial purposes ('screen scraping').
Section 5.05 Prohibition of Fraudulent and Illegal Activities
(a)Prohibition of Illegal and Unfair Activities: Members are strictly prohibited from engaging in fraudulent, illegal, or unauthorized activities, including unfair competition, on the Cosmos Website/Platform. This encompasses any actions that infringe upon the rights of others, violate intellectual property laws, or constitute unfair competition as defined under applicable laws.
(b)Indemnification: Members agree to indemnify and hold harmless Leartes Studios, its affiliates, officers, agents, and employees from any claim, demand, or damage arising from or related to their use of or conduct on the Cosmos, including but not limited to violations of intellectual property and third party claims.
Article VI. Fees and Payment TermsSection 6.01 Payment Infrastacture
(a)Leartes Studios will utilize the infrastructure provided by “Xsolla (USA), Inc.”, located at 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403, USA, and registered under the company registration number C3140351 for the processing of payments on Cosmos. Xsolla is engaged by Leartes Studios to facilitate payment processes, and it operates under agreements that permit Xsolla to offer specific payment-related services to Leartes Studios' Subscribers.
(b)Xsolla is not a payment system provider, bank, or other chartered depository institution. It does not hold any amount for Parties but creates and develops software to enable convenient and fast transaction processing within the Cosmos. Xsolla engages duly licensed Payment Partners for processing and transferring funds. These Payment Partners comply with all applicable laws and regulations, including Know-Your-Customer (KYC) and Anti-Money Laundering (AML) laws and regulations.
(c) The Member acknowledges that any additional charges, such as bank fees, transaction fees, or other similar charges associated with the processing of their payment, are not under the control of Leartes Studios and thus, Leartes Studios bears no responsibility for any such additional costs. This includes any additional fees that may be levied by the Subscriber's bank or Xsolla’s Payment Partners in connection with the processing of the payment.
(d)Payments are accepted via credit card and other payment methods that may be authorised by Xsolla. The Member is responsible for ensuring that all payment information is correct and up-to-date during payment. Leartes Studios does not accept bank transfer as a payment method.
(e)Parties, hereby, agree to comply with all applicable laws regarding online transactions and the use of payment processing services. Xsolla adheres to the Payment Card Industry Data Security Standard (PCI DSS) and the Provider commits to take all reasonable steps to ensure the security of data or billing information collected and stored.
Section 6.02 Membership Fees and Payment Methods
(a)
Subscription Tiers: Cosmos offers various subscription tiers: Free, Individual, Studio, and Enterprise. Each tier provides different levels of access and benefits:
(i)Free Subscription: Automatically assigned to all Members upon registration, offering limited access to assets.
(ii)Individual Subscription: Priced at $14.99 USD per month, offering unlimited access to all assets, access to new monthly assets, and technical support.
(iii)Studio Subscription: Priced at $49.99 USD per month, offering the same benefits as the Individual Subscription.
(iv)Enterprise Subscription: Priced at $499.99 USD per month. Tailor-made for large game development studios with annual revenues exceeding $2 million.
(b)Payment Methods: Payments for subscriptions are processed through XSolla, a secure and trusted global payment processing service. XSolla ensures the security and confidentiality of all transactions. The terms and conditions for payments are regulated independently by Xsolla.
Section 6.03 Billing Procedures and Payment Authorization
(a)Billing Cycle: Subscription fees are billed on a monthly basis for the Individual and Studio tiers, and as per the agreed terms for the Enterprise tier. Members agree to authorize Leartes Studios, through XSolla, to charge the subscription fee to their chosen payment method.
(b)Cosmos Credits: Cosmos Credits serve as a virtual digital currency on the website. These credits are non-refundable and non-withdrawable and can be used for transactions on the website equivalent to their USD value.
(c)Subscription Purchase Agreement: Prior to purchasing any subscription package, Users are required to accept a separate "Subscription Purchase Agreement" which governs the terms specific to the subscription.
Section 6.04 Refund and Cancellation Policies
(a)Right of Cancellation: Subscribers may exercise their right to cancel their subscription at any juncture. Upon effectuation of cancellation, the Subscriber shall retain access to the benefits conferred by the subscription for the residual duration of the current billing cycle. Post this period, the subscription shall cease to be renewed.
(b)Non-Refundability of Subscription Fees: All subscription fees on the Cosmos Website/Platform are non-refundable. This policy is in accordance with the nature of digital content transactions, as per applicable laws and regulations, where the right of withdrawal does not apply once the provision of digital content has commenced. The terms pertaining to the refund and cancellation of individual assets procured are subject to the governance of the "Digital Asset Licensing Agreement."
Section 6.05 Exceptions
(a)Leartes Studios may define Subscription packages free of charge to the Members to be determined by Leartes Studios for campaigns, promotions, advertisement purposes, sweepstakes, corporate agreements and other reasons and at its sole discretion and disposal. However, unless a notification is made by Leartes Studios that the packages defined in this way will be renewed, the duration of such Subscriptions is 30 (thirty) days. At the end of the period defined free of charge, no payment is automatically received from the Subscriber, unless otherwise understood from the terms and conditions of the promotion, the subscription is terminated.
(b)
The Company may define a discount/discount voucher, promotional code, etc. in a certain amount and/or at a certain percentage, limited to the purchase of the Asset on Cosmos, to the Members to be determined by the Company at its sole discretion and at its own expense for campaigns, advertisements, promotions, sweepstakes, corporate agreements and other reasons.
(i)These cheques and/or codes do not have a cash equivalent.
(ii)In case of cancellation/refund of the purchases made by using these cheques and/or codes, only the discounted price paid in cash by the Member can be refunded. In this case, the cheque and/or promotional code may not be re-issued to the Member. The discretion in this regard belongs exclusively to the Company.
Article VII. Usage Rights and RestrictionsSection 7.01 Access to and Use of Assets
(a)Access: Members are allowed to access and to buy license to use a diverse range of digital assets on the Cosmos Website/Platform, including but not limited to environments, 3D assets, visual effects, sounds, tools, and materials. The level of access is determined by the Member's subscription tier.
(b)Usage: Assets licensed from the Cosmos Website/Platform are primarily intended for integration into game development projects and other digital media creations. Members are authorized to use these Assets in accordance with the terms set forth in this Agreement and any applicable Digital Asset Licensing Agreement that is conducted in between them and Leartes Studios.
Section 7.02 Permitted and Prohibited Uses
(a)Permitted Uses: Members are allowed to use, modify, and integrate the licensed Assets into their game projects and digital media. This includes the right to adapt and create derivative works from the purchased Assets. Members are also permitted to distribute games or projects that incorporate the Assets, whether in their original or modified form.
(b)
Prohibited Uses: Members are strictly prohibited from:
(i)Distributing or reselling or sub-licensing the Assets themselves, either in their original form or as modified versions, in a manner that allows them to be used independently or collaboratively by third parties.
(ii)Engaging in activities such as reverse engineering, extracting the base files, decompiling, or recompiling the Assets.
(iii)Selling any part or the entirety of an Asset as a standalone product or in a way that competes with the Cosmos Website/Platform.
(iv)Using the Assets in any illegal, defamatory, discriminatory, or harmful context.
Section 7.03 Redistribution and Resale Restrictions
(a)Redistribution: Redistribution of Assets, either for free or for a fee to third parties, is expressly forbidden. Members are not authorized to redistribute or make the Assets available to third parties in a manner that allows for the extraction and independent use of the Assets outside of the Member's final product.
(b)Resale: The direct resale of individual Assets, in their original or modified state, is strictly prohibited. However, Members are permitted to sell final products that incorporate the Assets (e.g., completed games or digital media projects), provided that the Assets are not the primary value of the product and are integral to the project's functionality or experience.
(c)Enterprise Use: Members with an Enterprise subscription must adhere to specific terms regarding the use of Assets in large-scale projects or educational settings, as outlined in their Enterprise subscription agreement.
Section 7.04 Commercial Nature of Transactions
(a)Purpose of Transactions: All transactions conducted on the Cosmos, including the sale and licensing of digital assets, are primarily intended for commercial purposes. The assets available on the platform are created and curated with a focus on commercial use, catering predominantly to business entities and professional users.
(b)Consumer Purchases: While the primary focus of Cosmos is on commercial sales, in instances where a consumer (as defined by applicable consumer protection laws) makes a purchase, Cosmos acknowledges and respects the consumer rights applicable in the consumer`s domicile region. However, it is important to note that the right of cancellation or withdrawal is not applicable to these transactions, in line with Article 16-m of Directive 2011/83/EU of the European Parliament and of the Council and Article 15-ğ of the "Mesafeli Sözleşmeler Yönetmeliği" of Turkey. These provisions exempt digital content not supplied on a tangible medium when the performance has begun with the consumer`s prior express consent and acknowledgment of the loss of withdrawal rights.
Article VIII. Intellectual Property RightsSection 8.01 Ownership of Assets
(a)Retention of Ownership: Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi, or its licensors, retain full ownership of all digital assets ("Assets") available on the Cosmos Website/Platform. This includes, but is not limited to, environments, 3D assets, visual effects, sounds, tools, and materials. Members acknowledge that no ownership rights of the Assets are transferred to them under this Agreement.
Section 8.02 Grant of License
(a)Scope of License: Members understand and accept that this Agreement does not, in itself, grant any license to use the Assets. Licenses to use specific Assets are governed exclusively by the Digital Asset Licensing Agreement, which Members must agree to separately for each Asset they wish to license.
(b)Non-Exclusive Nature of License: Any license granted under the Digital Asset Licensing Agreement is non-exclusive and non-transferable. Members agree that such licenses are for use only and do not confer any ownership rights in the Assets. The partner’s users (legal entities and/or natural persons) are granted a non-exclusive license to use the assets and props in their games as part of their games for commercial purposes.
(c)Conditions and Restrictions: The license is subject to compliance with the terms and conditions outlined in the Digital Asset Licensing Agreement. This includes, but is not limited to, restrictions on the redistribution, resale, modification, or creation of derivative works from the licensed assets, except as expressly permitted in the agreement.
(d)Revocation of License: Leartes Studios reserves the right to revoke the license at any time if the Member fails to comply with the terms and conditions of the Digital Asset Licensing Agreement. In such cases, Leartes Studios will provide the Member with a written notice of revocation detailing the reasons for the revocation and providing a reasonable period for the Member to rectify the breach, where applicable. Upon revocation, the Member must immediately cease all use of the licensed assets and delete or return all copies of the assets in their possession.
Section 8.03 User-Generated Content and Derivative Works
(a)Creation and Use: Members may create or modify content based on licensed Assets ("User-Generated Content"). However, they acknowledge that the intellectual property rights of the original Assets remain with Leartes Studios or its licensors.
(b)Derivative Works: While Members are permitted to create derivative works from licensed Assets, they understand that such works are subject to the intellectual property restrictions of the original Assets. No ownership rights in the original Assets are conferred through the creation of derivative works.
Section 8.04 Trademark Usage and Restrictions
(a)Trademark Ownership: All trademarks, service marks, trade names, logos, and other brand features associated with the Cosmos Website/Platform and Leartes Studios remain the property of Leartes Studios or its licensors.
(b)Usage Restrictions: Members shall not use any Cosmos or Leartes Studios trademarks, service marks, trade names, logos, or other brand features without express prior written consent from Leartes Studios.
Article IX. Personal Data and PrivacySection 9.01 Data Collection, Use, and Processing
(a)General Clarification Text for Data Subjects: Members are advised to refer to the General Clarification Text for Data Subjects of Leartes Studios for detailed information on personal data handling, including rights, retention, and sharing practices. Members are required to give their explicit consent for data processing during account registration.
(b)Leartes Studios Privacy Policy: The Privacy Policy outlines technical measures for data security. Sensitive data is encrypted for added security, and personal data is retained in compliance with legal standards.
(c)Cookie Usage: The Cookie Policy details the use of cookies on the Cosmos Website/Platform. Users set their cookie preferences upon their first visit to Web site and can adjust these settings at any time.
(d)Compliance with Data Protection Regulations: Leartes Studios is dedicated to processing and storing all data in strict compliance with the Personal Data Protection Law (KVKK), General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and Virginia Consumer Data Protection Act (CDPA).
Article X. Modification of AgreementSection 10.01 Notice of Changes
(a)Advance Notice of Changes: Leartes Studios hereby undertakes to provide Members with advance notice of any amendments, modifications, or changes to this Agreement. Such notice shall be communicated to Members via their registered email address at least ten (10) days prior to the effective date of the changes. Additionally, a notification regarding the impending changes will be prominently displayed on the Cosmos Website/Platform website.
(b)Extended Notice for Significant Changes: For significant modifications, particularly those pertaining to subscription plans, pricing, and the intellectual property clause, Leartes Studios guarantees to extend the notice period to at least thirty (30) days before such changes become effective. The method of notification for these significant changes will mirror that of standard modifications, utilizing both email communication and website notification.
Section 10.02 Acknowledgment of Changes:
(a)Members are expected to review and acquaint themselves with any changes to the Agreement. Continued use of the Cosmos Website/Platform following the effective date of such changes will constitute the Member's acceptance of the revised terms.
Article XI. Termination of MembershipSection 11.01 Conditions for Termination
(a)
Member-Initiated Termination: Members may terminate their membership and request account deletion by:
(i)Contacting Cosmos directly at support@cosmosgamestore.com.
(ii)Opting for termination via the member panel
(b)Cancellation Following Subscription Term: If a Member has an ongoing paid subscription, the account will only be eligible for deletion after the current subscription term concludes.
(c)Company-Initiated Termination: Leartes Studios reserves the right to terminate a Member's account and revoke access to the Platform/Website immediately in cases of Agreement breach. This may include the suspension or cancellation of any ongoing services or transactions and restriction on access.
Section 11.02 Consequences of Account Termination
(a)Effect on Member Data: Following the termination of a membership, whether initiated by the Member or Cosmos, the Member's account data will be handled in accordance with Leartes Studio’s data retention policies as outlined in the Privacy Policy and General Clarification Text for Data Subjects. This includes the retention of data for legally required durations and its secure deletion thereafter.
(b)Access and Services: Upon termination, the Member will lose access to the Cosmos Website/Platform and any services, contents and Assets associated with their membership. Any ongoing transactions at the time of termination will be subject to review and potential cancellation at the discretion of Leartes Studios.
Article XII. Dispute Resolution and Governing LawSection 12.01 Dispute Resolution Mechanisms
(a)Initial Resolution Effort: In the event of any dispute, claim, question, or disagreement arising from or related to this Agreement or the breach thereof, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
(b)Escalation to Formal Dispute Resolution: If the parties are unable to reach a resolution within a period of 60 days from the initiation of the dispute, either party may then choose to escalate the matter to legal proceedings.
Section 12.02 Applicable Law and Jurisdiction
(a)Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Turkey, without regard to its conflict of law principles.
(b)Jurisdiction: The parties agree that any legal action or proceeding arising under this Agreement shall be brought and settled exclusively in the courts and enforcement offices located in Istanbul (Çağlayan), Turkey. The Parties hereby irrevocably consent to the jurisdiction and venue of these courts.
Article XIII. Liability Limitations and DisclaimersSection 13.01 Limitation of Liability
(a)Extent of Liability: Leartes Studios, its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, even if Leartes Studios has been advised of the possibility of such damages. This limitation applies to damages resulting from (i) access to or use of or inability to access or use the Cosmos Website/Platform; (ii) any conduct or content of any third party on the Cosmos Website/Platform; (iii) any content obtained from the Cosmos Website/Platform and; (iv) despite Leartes Studios taking maximum precautions in accordance with current legislation, the unauthorized access of third parties to Member's data or private information. Leartes Studios makes no warranty, express or implied, that the digital asset licenses purchased through the website and the Assets subject to those licenses will meet the expectations or needs of Users.
(b)Specific Disclaimer of Liability: In the broadest extent permitted by applicable law, Leartes Studios is not liable for any special, direct, indirect, punitive, incidental damages (including but not limited to loss of profits, business interruption, loss of information) arising from or related to this Agreement, whether based in contract, negligence, tort, or otherwise, except in cases of intentional misconduct or gross negligence by its employees or executives.
(c)Cap on Liability: In no event shall the aggregate liability of Leartes Studios exceed the greater of one hundred U.S. dollars (U.S. $100) or the amount you paid Leartes Studios, if any, in the past twelve months for the services giving rise to the claim.
Section 13.02 Disclaimer of Warranties
(a)'As Is' and 'As Available': The Cosmos Website/Platform and its content are provided on an 'as is' and 'as available' basis without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Leartes Studios does not warrant that: (i) the Cosmos Website/Platform will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Cosmos Website/Platform is free of viruses or other harmful components; or (iv) the results of using the Cosmos Website/Platform will meet User’s requirements.
(b)No Endorsement of Third Party Content: Leartes Studios expressly disclaims any warranty, representation, or endorsement regarding the legality, accuracy, reliability, quality, or authenticity of content, information, or services provided by third parties on or through the Cosmos Website/Platform.
Article XIV. Miscellaneous Provisions
(a)Severability: If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect the remainder of this Agreement, which shall remain in full force and effect as if such invalid, illegal, or unenforceable provision had never been included.
(b)Waiver: The failure or delayed exercise by either party of any of its rights under this Agreement shall not constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of the waiving party.
(c)Assignment: Members may not assign, delegate, or otherwise transfer any of their rights or obligations to third parties under this Agreement in part or whole or the Agreement at all without the prior written consent of Leartes Studios, such consent not to be unreasonably withheld. Leartes Studios may assign its rights and obligations under this Agreement at its sole discretion.
(d)Entire Agreement: This Agreement, together with any other legal notices and agreements published by Leartes Studios on the Cosmos Website/Platform, shall constitute the entire agreement between User and Leartes Studios concerning the Cosmos Website/Platform.
(e)Headings: The headings in this Agreement are for convenience only and shall not be used in its interpretation.
(f)Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by Leartes Studios (i) via email (in each case to the address provided by the Member) or (ii) by posting to the Cosmos Website/Platform.
(g)Interrelation with Other Agreements: While the 'Digital Asset Licensing Agreement,' 'Subscription Purchase Agreement,' and 'Cosmos Prepaid Balance Contract' are not direct addenda to this Agreement, they are intrinsically linked by the nature of the services provided by the Cosmos Game Asset Store. The aforementioned agreements derive their legal basis from this primary Agreement. Members acknowledge that adherence to the Terms of Use is a prerequisite for engaging in activities governed by the 'Digital Asset Licensing Agreement,' 'Subscription Purchase Agreement,' and 'Cosmos Prepaid Balance Contract.' As such, any breach or non-compliance with the Terms of Use may affect the Member's standing and rights under these related agreements.
Article XV. Acceptance of AgreementSection 15.01 Final Acknowledgment, Informed Consent, and Electronic Agreement
(a)Final Acknowledgment and Consent: By selecting the acceptance box on the sign-up page, the Member unequivocally affirms their full and informed consent to all terms and conditions of this Agreement. This action constitutes a binding legal commitment to adhere to the stipulations herein. The Member represents that they have thoroughly reviewed and understood each provision of this Agreement. The act of accepting electronically is an acknowledgment of their informed consent to be legally bound by these terms.
(b)Electronic Agreement: The Member's electronic acceptance of this Agreement is a legally binding contract, establishing the terms of their use of the Cosmos. This electronic consent is deemed equivalent to a manual signature in terms of its binding effect.
Section 15.02 Effectiveness of the Agreement
(a)Date of Effectiveness: This Agreement becomes effective and binding upon the Member from the date of their electronic acceptance, marked by their signing up on the Cosmos. The Member's continued use of the services constitutes ongoing acceptance of this Agreement and any subsequent amendments.

DATA SUBJECT CONSENT TEXT

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In accordance with Articles 5, 6, 10, 11 and other relevant articles of the Law on the Protection of Personal Data No. 6698 and the secondary legislation of this law, the European Union General Data Protection Regulation (GDPR), and other data regulations in practice, I have been informed about the categories and types of personal data that can be processed and transferred without the need for explicit consent, and the rights granted to me by the law in this regard, the procedure for applying to the data controller and the procedures and principles regarding the complaint to the Personal Data Protection Authority.
  • I consent to the use of my Personal Data to personalise and improve my user experience.
  • I approve the processing of my Personal Data during services such as promotion, marketing and market research provided by third parties.
  • I consent to the use of my user content (comments, reviews, ratings, etc.) for marketing purposes by Leartes Studios.
I have been informed that if my membership is terminated, Leartes Studios will not process my personal data unless otherwise ordered by the mandatory rule of law, will not transfer it to third parties, will notify the transferred third parties about the termination of my membership, and will only retain it as specified in the Leartes Studios Data Policy for the periods stipulated in the laws, and will dispose it upon the expiry of these periods.

COMMERCIAL MESSAGE CONSENT TEXT

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In accordance with the provisions of Law No. 6563 on the Regulation of Electronic Commerce and the provisions of Articles 7 and 8 of the Regulation on Commercial Communication and Commercial Electronic Messages, your electronic communication consent is required to be established in order to provide you with information, updates, newsletter contents, promotional and advertising activities regarding the services and products offered by Leartes Studios Tasarım ve Yazılım Hizmetleri Anonim Şirketi ("Company" or "Leartes Studios").This permission is requested in order to manage the promotion, sale, advertisement, campaign and promotion processes of goods and services within the framework of the relevant laws. You can change your communication preferences at any time, withdraw your consent without providing any reason and change your preferences for sending these messages via SMS/text message, phone call, social media, e-mail/email and other electronic communication tools-channels depending on your preference.

Subscription Agreement for Leartes Studios

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This Subscription Agreement (“Agreement”) is made by and between Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi (“Provider”), a corporation duly organized and existing under the laws of Republic of Türkiye with its principal place of business at Merdivenköy Mah. Dikyol Sk. B Blok No: 2 İç Kapı No: 193 KADIKÖY/ İSTANBUL, and the undersigned subscriber (“Subscriber”)
RECITALSWHEREAS, the Provider operates the Cosmos Website/Platform, which offers a range of digital assets and services;WHEREAS, the Subscriber is a current Member to the Cosmos and wishes to subscribe to the Provider's services as per the terms and conditions set forth herein;Now, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and intending to be legally bound, the parties agree as follows:
1. Definitions:In this Agreement, unless the context otherwise requires:1.1. "Services" refers to the digital content provided via subscription packages, including digital assets and related services, offered on the Cosmos Website/Platform.1.2. "Subscription Fee" means the amount payable by the Subscriber for accessing the Services.1.3. “Cosmos” means the digital asset store which is under sole ownership of the Provider and hosted on [cosmos.leartesstudios.com] 1.4. "Cosmos Credits" refers to a digital currency used exclusively within the Cosmos Game Asset Store. Cosmos Credits are a non-withdrawable balance, solely intended for transactions on the platform and cannot be exchanged for cash or other forms of legal tender.1.5. “Digital Assets” refers to all forms of digital assets available on the Cosmos platform, including but not limited to environments, 3D assets, visual effects (VFX), sounds, tools, and materials.
2. Subscription Services and Tiers:2.1. The Provider hereby grants the Subscriber access to a comprehensive suite of digital assets and services (“Services”) as detailed on the Cosmos Website/Platform. These Services encompass a diverse range of digital content and tools designed to facilitate and enhance the digital creative endeavors of the Subscriber. The Subscriber acknowledges that the Services, including but not limited to their nature, scope, and pricing, may be updated, expanded, or modified from time to time at the Provider's discretion, provided that such modifications do not materially decrease the overall value of the Services, to ensure continuous improvement and alignment with industry standards and Subscriber needs.
2.2. The Provider offers multiple subscription tiers, including but not limited to Free, Individual, and Studio Subscriptions, each designed to cater to varying levels of user requirements and preferences.
  • Free Subscription: This tier is automatically assigned to all Subscribers upon registration. It offers limited access to digital assets.
  • Individual Subscription: Priced at $14.99 USD per month, this tier provides unlimited access to all digital assets, access to new monthly assets, and technical support. It is tailored for individual creators and small teams seeking comprehensive access to Digital Assets.
  • Studio Subscription: At $49.99 USD per month, this tier includes all benefits of the Individual Subscription. Designed for more established studios requiring broader access and higher resource allocation.
  • Enterprise Subscription: This is a customized tier, intended for large game development studios with significant needs and annual revenues exceeding $2 million. The pricing and services are tailored based on individual studio requirements. Priced at $499.99 USD per month, offering a personalized solution for extensive digital asset needs.
2.3. The Subscriber agrees to subscribe to the Individual tier, subject to the terms and conditions of that tier as outlined in this Agreement. The fixed monthly price at the date of conclusion of this contract is 14.99 USD including VAT and applicable taxes per month.2.4. The Provider may offer customized subscription packages to Enterprise Subscription subscribers, beyond the standard tiers. Offering customized packages shall not deemed as unfair commercial act in any circumstance. These are designed in accordance with the Subscribers' specific requirements, within the scope determined by the Provider.2.5. The Provider commits to delivering Services to the Subscriber under the stated terms and conditions. The Subscriber agrees to comply with this Agreement and the Terms of Use and ensures timely payment of service fees.
3. Payment Processing3.1. Online payments made by the Subscriber for the Services offered by Leartes Studios will utilize the infrastructure provided by “Xsolla (USA), Inc.”, located at 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403, USA, and registered under the company registration number C3140351. Xsolla is engaged by Leartes Studios to facilitate payment processes, and it operates under agreements that permit Xsolla to offer specific payment-related services to Leartes Studios' Subscribers.3.2. Xsolla is not a payment system provider, bank, or other chartered depository institution. It does not hold any amount for Parties but creates and develops software to enable convenient and fast transaction processing within the Cosmos. Xsolla engages duly licensed Payment Partners for processing and transferring funds. These Payment Partners comply with all applicable laws and regulations, including Know-Your-Customer (KYC) and Anti-Money Laundering (AML) laws and regulations.3.3. The Subscriber acknowledges that any additional charges, such as bank fees, transaction fees, or other similar charges associated with the processing of their payment, are not under the control of Leartes Studios and thus, Leartes Studios bears no responsibility for any such additional costs. This includes any additional fees that may be levied by the Subscriber's bank or Xsolla’s Payment Partners in connection with the processing of the payment.3.4. Payments for the Subscription Services are accepted through credit card and other payment methods as may be authorized by Xsolla. The Subscriber is responsible for ensuring that all payment information is accurate and up to date. Leartes Studios does not offer wire transfer as a method of payment.3.5. Both Leartes Studios and the Subscriber agree to comply with all applicable laws regarding online transactions and the use of payment processing services. Xsolla adheres to the Payment Card Industry Data Security Standard (PCI DSS) and the Provider commits to take all reasonable steps to ensure the security of data or billing information collected and stored.
4. Non-Withdrawable Nature of Subscription Purchases:4.1. In compliance with EU Directive 2011/83/EU Article 16-m and Turkish legal regulation regarding to distant sale of goods and services “Mesafeli Sözleşmeler Yönetmeliği” Article15-ğ, the Subscriber acknowledges and agrees that all subscription purchases are final and non-withdrawable. The nature of digital content delivery and immediate access to the Services precludes the right of withdrawal typically afforded under these regulations.4.2. The Subscriber understands that by agreeing to this clause, they waive any right to withdraw from the purchase once the subscription process is completed and access to the Services is granted.
5. Term and Termination:5.1. This Agreement commences upon the Subscriber's acceptance of this Agreement and completion of the payment process and shall continue on a month-to-month or year-to-year basis. The Agreement automatically renews at the end of each monthly or yearly subscription period unless either party provides notice of termination.5.2. The Subscriber authorizes the Provider to automatically bill the subscription fee for each subsequent month at the current subscription rate. This recurring billing shall continue until the Subscriber cancels their subscription or the Provider ceases the service. The Provider will provide the Subscriber with a notice of renewal at least 7 days before the end of the current subscription period.5.3. In the event that the billing for the subscription period cannot be authorized or processed, the Provider reserves the right to cease providing the service. The Provider will make reasonable efforts to notify the Subscriber of any issues with payment authorization to allow for resolution.5.4. The Subscriber may cancel their subscription at any time. Upon cancellation, the Subscriber will retain access to the subscription services and benefits until the end of the current subscription period. No pro-rated refunds will be provided for the remaining days of the subscription period, unless the Provider fails to provide the Services as agreed.5.5. The Subscriber's right to access and use the Services will immediately cease upon termination.5.6. If the Subscriber deems it necessary, the Member may change their current package by switching to one of the packages in a higher or lower tier. In case of switching to higher packages, the change shall be made immediately, the price difference between the current package and the higher package shall be divided by the number of days remaining and the amount to be paid by the Subscriber shall be calculated. In case of switching to lower packages, the change shall be effective on the Subscription renewal date.
6. Use of Services:6.1. The Subscriber agrees to use the Services only for lawful purposes and in accordance with this Agreement.6.2. The Subscriber agrees not to use the Services for any unlawful, fraudulent, or malicious purposes, or to interfere with the operation of the Services or the Provider's systems.6.3. The Subscriber agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Provider.
7. Data Protection:7.1. The Provider shall comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR) and the Turkish Personal Data Protection Law (KVKK) in relation to the Subscriber's personal information.7.2. The Subscriber acknowledges and agrees that the Provider may collect, store, and process personal information for the purpose of providing the Services and improving the Subscriber's experience.7.3. The Provider shall take all reasonable measures to protect the Subscriber's personal information and shall not disclose it to any third party without the Subscriber's consent, except as required by law.
8. Limitation of Liability and Warranties:8.1. The Services are provided "as is," with the Provider making no warranties, express or implied, regarding the Services, including but not limited to warranties of satisfactory quality and fitness for a particular purpose. The Provider does not warrant that the Services will be uninterrupted or error-free, nor does it make any warranty as to the results that may be obtained from use of the Services.8.2. The Provider shall not be responsible for any damage or loss of any kind arising out of or related to the Subscriber's use of or inability to use the Services, including but not limited to lost profits, loss of business, or loss of data, even if the Provider has been advised of the possibility of such damages.
9. Governing Law and Dispute Resolution:9.1. This Agreement shall be governed by the laws of the Republic of Türkiye.9.2. Any disputes arising out of this Agreement shall first be attempted to be resolved through mutual negotiation between the parties. If the dispute cannot be resolved in this manner, it shall then be resolved through litigation under exclusive jurisdiction of courts and judicial offices in Istanbul (Çağlayan), Türkiye9.3. While Cosmos platform is a commercial platform, and its target audience is commercial entities, it is also open to the use of consumers and anyone who meets the conditions in the Termsof Use Agreement can become a Member. In the event that the purchases made through Cosmos, and the purchase of the subscription Service specific to this Agreement, are made by consumers residing in Turkey, the Provincial / District Consumer Arbitration Committees are authorised for disputes below 104,000 Turkish Liras for the year of 2024, and the Consumer Courts where the consumer is located are authorised for disputes above this limit. For consumers residing in the European Union, there is the European Online Dispute Resolution Platform (ODR platform) for Consumer Disputes. The ODR platform can be accessed from the link below: http://ec.europa.eu/consumers/odr/
10. Entire Agreement:10.1. This Agreement, including any terms and conditions referenced herein, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter (Subscriptions) of this Agreement.10.2. Under this Agreement, provision 10.1. shall not be interpreted in such a way as to prejudice the priority of the Terms of Use Agreement. For the avoidance of doubt, the Terms of Use Agreement constitutes the substantive basis of all legal relations between the Subscriber and Leartes Studios.
11. Modifications:11.1. The Provider reserves the right to modify this Agreement at any time, in its sole discretion, provided that the Provider gives the Subscriber at least 30 days' notice of any such changes. Any changes will be effective upon posting of the modified Agreement on the Provider's website. The Subscriber's continued use of the Services after any changes to this Agreement constitutes acceptance of those changes. In accordance with the Terms of Use, the Provider shall provide notice of any upcoming changes or modifications to this Agreement.
12. Severability:12.1. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
13. Waiver:13.1. The failure of a Party to exercise any right or enforce or delay in enforcing any provision of this Agreement shall not constitute a waiver of such right or provision unless agreed in writing by the Party not exercising such right or delaying in enforcing such provision.
14. Assignment:14.1. The Subscriber may not assign this Agreement or any rights or obligations hereunder without the prior written consent of the Provider. The Provider may assign this Agreement or any rights or obligations hereunder, provided that the Provider ensures that any assignee agrees to fulfill the Provider's obligations under this Agreement, and the Provider notifies the Subscriber of such assignment.
15. Accessibility and Delivery of the Agreement15.1. This Agreement shall be continuously accessible to the Subscriber on the Cosmos Website/Platform throughout the term of their subscription. Additionally, Leartes Studios agrees to provide a copy of this Agreement to the Subscriber via registered e-mail upon their request. It is the Subscriber's responsibility to ensure their e-mail address is current and accurate. Leartes Studios is committed to ensuring the Subscriber's ease of access to the terms of their subscription.
IN WITNESS WHEREOF, the parties have executed this Agreement as of 1/29/2024 with electronic distant approval of Parties.

Subscription Agreement Preliminary Information Form

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1. Information Regarding Provider:
  • Provider's Name: Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi
  • TIN: 6081653280
  • Address: Merdivenköy Mah. Dikyol Sk. B Blok No: 2 İç Kapı No: 193 KADIKÖY/ İSTANBUL
  • Contact Details:
    • Phone Number: +90 5551416847
    • E-mail Address: info@leartesstudios.com
2. Subscriber Information:
  • Name-Surname / Trade Name: [●]
  • ID Number: [●]
  • Phone Number: [●]
  • E-mail Address: [●]
3. Description of Services:
  • Nature of Services: Digital content subscription on Cosmos platform.
  • Name of Subscription Package: [●]
  • [●] Pricing: [●] (Inclusive of VAT and other applicable taxes. Exclusive of any potential additional commission rates or fees that the bank of Subscriber may apply. Those fees are not under control or responsbility of the Provider.)
  • Main Qualifications and Characteristics:
    • ...
    • ...
    • ...
  • Digital Content Services being intangible in nature shall be made available and delivered to Subscribers electronically through Cosmos.
4. Payment Processing:
  • Intermediary Payment Agent: Xsolla (USA), Inc.
  • Address: 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403, USA
  • Payment: Accepted through credit card and other methods authorized by Xsolla.
  • In the event that the billing for the subscription period cannot be authorized or processed, the Provider reserves the right to cease providing the service. The Provider will make reasonable efforts to notify the Subscriber of any issues with payment authorization to allow for resolution.
  • Xsolla has guaranteed and committed to comply with the Payment Card Industry Data Security Standard (PCI DSS).
5. Right of Withdrawal:
  • Under the provision of European Union Directive 2011/83/EU and Turkish Consumer Code, the Subscriber may not exercise the right of withdrawal for the subscription of digital content which is not supplied on a tangible medium if the performance has begun with the Subscriber's prior express consent and acknowledgment that they thereby lose their right of withdrawal. This includes services and digital content delivered instantly in an electronic medium, as per Article 15(1)(ğ) of the Turkish Regulation of Distant Contracts which is essential part of Turkish Consumer Code.
6. Termination of Subscription:
  • Subscriptions are digital contents, renewing at the start of each subscription period, on a monthly or on a yearly basis. Therefore this contract extends automatically on aforementioned basis. Subscribers are able to manage and cancel their subscriptions via the Cosmos. Upon cancellation, the Subscriber will retain access to the subscription services and benefits until the end of the current subscription period. No pro-rated refunds will be provided for the remaining days of the subscription period.
  • If the Subscriber breaches or violates any term of the Terms of Use, Leartes Studios reserves the right, as stipulated in the Terms of Use, to suspend or terminate the Subscriber's account for a definite or indefinite period, depending on the nature and impact of the breach. During the period of suspension, the subscription will also be suspended, and in the event of account termination or deletion, the subscription will be cancelled. Leartes Studios will enforce these measures in accordance with the provisions of the Terms of Use.
7. Complaints and Dispute Resolution:
  • Leartes Studios has its principal Office at Merdivenköy Mah. Dikyol Sk. B Blok No: 2 İç Kapı No: 193 KADIKÖY/ İSTANBUL
  • Complaints and requests can be submitted to the Provider by using any of the contact information written in Article 1 of this Preliminary Information Form. In addition, the Provider can be contacted by filling out the request/contact form on Cosmos. Intellectual Property Requests and requests for Personal Data may require additional verifications as required by Law.
  • Jurisdiction:
    • Istanbul (Çağlayan) Courts and Execution Offices are hereby exclusively authorised for any commercial disputes arising from Subscription relationship between the parties.
    • In terms of sales to Consumers, persons who acquire, use or utilise the Services provided on Cosmos, the subscription packages, subject to this Preliminary Information Form and the Digital Content Subscription Agreement for commercial or non-professional purposes:
      • If the consumer is a resident in Turkey, Consumer Courts shall be in charge for disputes with a value of 104.000 Turkish Liras and above, and Provincial or District Consumer Arbitration Committees shall be in charge for disputes with a value of 104.000 Turkish Liras and below.
      • If the consumer is based in the European Union or the European Economic Area, there is a European Online Dispute Resolution Platform for Consumer Disputes (ODR platform). The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/
8. Contract Duration:
  • Duration: Month-to-month basis / Year-to Year Basis
This Preliminary Information Form is a supplementary and inseparable part of the Subscription Agreement between Leartes Studios and the Subscriber. The terms and conditions stated in this form are integral to the Subscription Agreement and must be read and accepted in conjunction with it.
By marking the checkbox ‘I have read and understood the Preliminary Information Form’ during the payment process, I acknowledge and accept the terms provided herein.

COSMOS PREPAID BALANCE CONTRACT: PRELIMINARY INFORMATION FORM

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DEFINITIONS
Company: Refers to Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi
Cosmos: Refers to Digital Asset platform managed by the Company.
Cosmos Credit: Refers to digital prepaid commodity designed to be used exclusively on Cosmos.
Digital Asset: Refers to digital assets provided by the Company on Cosmos, including but not limited to environments, 3D assets, visual effects, sounds, tools, and materials.
Member: Refers to natural and legal persons who become a member of Cosmos by approving the Terms of Use.
Terms of Use (ToU): Refers to the Terms of Use Contract between Company and Members, setting out the general terms and conditions applicable to all Members of Cosmos.
PURPOSE AND SUBJECTThe purpose and subject matter of this Preliminary Information Form consists of enlightening and informing regarding the Prepaid Balance Contract (“Contract”) between the Company and the Member.The Prelimianry Information Form (“Form”) may be printed, downloaded and/or stored by the Users. The Form and the Contract can be viewed at cosmos.leartesstudios.com (“Website”) at any time and can be delivered to Users via e-mail upon their request.
NATURE OF COSMOS CREDITSCosmos Credits are a virtual commodity that can only be used on Cosmos. Cosmos Credits cannot be transferred to third parties, cannot be resold, cannot be converted into cash and cannot be exchanged for cash or cash-like commodities.Cosmos Credits are intangible goods that are delivered instantly in the electronic environment via electronic transmission and cannot be subject to return or cancellation, as clarifies below.
CONTRACT PRICEMember purchases _______________ Cosmos Credit for _______________ USDThis price includes VAT and applicable taxes. The Company is not responsible for commissions and additional costs that may be imposed by banks and financial institutions. It is recommended that the Member receives information about the relevant commissions and charges from the bank or financial institution.
INFORMATION REGARDING PARTIES
COMPANY INFORMATIONTrade Name: Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim ŞirketiAddress: Merdivenköy Mah. Dikyol Sk. B Blok No: 2 İç Kapı No: 193 KADIKÖY/ İSTANBULTelephone: +90 5551416847Email: info@leartesstudios.comT.O.: GÖZTEPETIN: 6081653280
MEMBER INFORMATIONName Surname: _______________T.R. Identity Number / TIN: _______________Telephone: _______________E-Mail: _______________Invoice Address: _______________
INFORMATION ON METHODS OF SUBMITTING MEMBER COMPLAINTS AND REQUESTSIn case of need, the Member may submit his/her requests, complaints, opinions and/or support requests arising from the use of Cosmos Credits or the Contract to the Company electronically via the request form on Cosmos, via the e-mail address he/she has registered with Cosmos, via the e-mail address he/she will send to the e-mail address info@leartesstudios.com and/or via telephone using the Company's Contact line on Cosmos.
INFORMATION ON PAYMENT, DELIVERY AND PERFORMANCE OF THE CONTRACTThe Company shall identify the Cosmos Credits subject to the Contract to the Member's membership account on Cosmos upon the Member's performance of the Member's obligation to pay the price for the relevant Cosmos Credits arising from the Contract to the Company through XSolla without delay, in full and in cash.The Member has been informed that the purchase of Cosmos Credits, the features and usage principles of which are specified in this Preliminary Information Form and under the Contract, is a one-time individual purchase.The Member accepts and declares that there is no physical delivery of Cosmos Credits, whose features and usage principles are specified in this Form and Contract, and that Cosmos Credits, which are intangible, will be offered and delivered electronic means through Cosmos.For payment transactions on Cosmos, Leartes Studios uses the infrastructure provided by 'Xsolla (USA), Inc.', registered under trade registration number C3140351, located at 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403, USA. Xsolla is authorized by Leartes Studios for the purpose of payment infrastructure creation and secure payment collection and operates under commercial Contracts that allow Xsolla to provide certain services as part of payment solutions on Leartes Studios' platforms.Xsolla is not a payment system provider, bank, or other chartered depository institution. It does not hold any monies for Provider or Subscriber but creates and develops software to enable convenient and fast transaction processing within the Cosmos. Xsolla engages duly licensed Payment Partners for processing and transferring funds. These Payment Partners comply with all applicable laws and regulations, including Know-Your-Customer (KYC) and Anti-Money Laundering (AML) laws and regulations.The Company has no responsibility whatsoever for any financial obligations such as additional payments, charges, commissions, etc. that may be recoursed or reflected to the Member by the Bank.
NO RIGHT OF WITHDRAWALThe Member irrevocably accepts, declares and undertakes that the consumer does NOT have the right to withdraw in terms of "Contracts for services performed instantly in electronic media or contracts for intangible goods delivered to the consumer instantly" in accordance with the provision of Article 15 (ğ) subparagraph regulating the exceptions to the right of withdrawal of the "Distance Contracts Regulation" published in the Official Gazette dated 27.11.2014 and numbered 29188, and that he / she has been clearly informed in this regard within the scope of this provision and this Form.
CLARIFICATION ON PAYMENT OBLIGATIONBy reading, understanding and signing the Form and the Contract by the parties, the Member accepts, declares and undertakes that he/she understands that he/she is under the obligation to pay the money debt arising from the Contract against the Company and that he/she has been informed by the Company in this regard with certainty that leaves no room for doubt and clarity.
CLARIFICATION ON APPLICABLE LAW AND DISPUTE RESOLUTIONTurkish Law shall apply to the entire contractual relationship, including pre-contractual negotiations, disputes that may arise during and after the contractual relationship. In case there is a foreignness in the disputes that may arise between the Parties, Turkish conflict of laws rules are reserved. For the settlement of disputes, the Parties firstly accept, declare, and undertake to make reasonable efforts for settlement and to resolve disputes within the exclusive jurisdiction of Istanbul (Çağlayan) Courts and Execution Offices for disputes that cannot be settled. The provisions regarding consumer disputes and the competences regulated in special laws are reserved.
CONFIRMATION OF PRELIMINARY INFORMATION TEXTThe fact that the Preliminary Information Text has been read and understood by the Member and that the Member has been clearly informed about the matters in this text shall be confirmed by the Member by checking the box marked "I have read and understood the Preliminary Information Text" during the payment stage on the Cosmos.This Preliminary Information Form is an integral part and complementary element of the Contract. By signing the Contract electronically without any reservation or indication, the Member hereby irrevocably accepts, declares and undertakes that he/she has read the Preliminary Information Form and that he/she has been informed about the matters specified herein with clarity that leaves no reasonable doubt.

COSMOS PREPAID BALANCE CONTRACT

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Cosmos, a sophisticated and dynamic digital platform, is owned and operated by Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi (“Leartes Studios”). The platform, accessible at cosmos.leartesstudios.com, serves as a comprehensive hub for the licensing and utilization of a wide array of digital assets. These assets encompass, but are not limited to, environments, 3D assets, visual effects (VFX), sounds, tools, and materials. Cosmos is dedicated to providing an innovative and user-friendly environment for both Members and Visitors, facilitating the seamless exploration, registration, licensing, and downloading of digital assets. Leartes Studios reserves the exclusive right to expand and reduce the categories of Assets available.
ARTICLE 1. PURPOSE AND SCOPE OF THE PREPAID BALANCE CONTRACTSubsection 1 . 01This Cosmos Prepaid Balance Contract (the “Contract”) is established between Leartes Studios and the Users of the Cosmos platform as defined in Article III, Section 3.01 of the Terms of Use. The Contract is designed to govern the specific terms and conditions related to the use of prepaid commodity, known as "Cosmos Credits," within the Cosmos platform.Subsection 1 . 02Purpose of this Contract is, to;
  • Define the Usage of Cosmos Credits: Set forth the terms under which Cosmos Credits are to be acquired, managed, and utilized by the Users for transactions within the Cosmos platform.
  • Ensure Clarity and Compliance: Provide a clear and comprehensive understanding of the operational framework of Cosmos Credits, ensuring adherence to the stipulated guidelines and compliance with applicable laws and regulations.
  • Facilitate Secure Transactions: Establish a secure and trustworthy system for the transaction of Cosmos Credits, thereby safeguarding the interests of both Leartes Studios and the Users.
  • Outline User Responsibilities: Clearly delineate the responsibilities and obligations of the Users in relation to the acquisition and utilization of Cosmos Credits.
Subsection 1 . 03This Contract is integral to the functioning of the Cosmos platform and is inextricably linked to the broader Terms of Use of Cosmos, as well as the Subscription Agreement and the Digital Asset Licensing Agreement, which governs the specific licensing terms of individual digital assets licensed by Users.Subsection 1 . 04By engaging with the Cosmos platform and utilizing Cosmos Credits for transactions, Users unequivocally agree to adhere to the terms and conditions set forth in this Contract.
ARTICLE 2. DEFINITIONSSubsection 2 . 01In the context of this Prepaid Balance Contract (the “Contract”) pertaining to the Cosmos platform operated by Leartes Studios, the following terms shall be defined as follows:
  • Cosmos Credits: The designated virtual commodity used within the Cosmos platform. These are acquired with real currency and are utilized by Users to procure digital assets and services on the Cosmos platform. Cosmos Credits are non-refundable, non-exchangeable for cash or other real currencies, and are exclusively for transactions within the Cosmos platform.
  • Digital Assets: All forms of digital assets available on the Cosmos platform, including but not limited to environments, 3D assets, visual effects (VFX), sounds, tools, and materials. The licensing of Digital Assets, except those belonging to third parties, is governed by the Digital Asset Licensing Agreement.
  • Services: The array of functionalities, features, and services offered on the Cosmos platform, which includes browsing, licensing, and downloading Digital Assets, among other related services provided by Leartes Studios.
  • Intellectual Property: This encompasses all creations of the mind that are available on the Cosmos platform, including Digital Assets, trademarks, copyrights, patents, trade secrets, domain names, and subdomains. All intellectual property rights, except for those belonging to third parties, are the property of Leartes Studios.
  • Website: Refers to the online platform operated by Leartes Studios, accessible at cosmos.leartesstudios.com, where Users engage in activities such as browsing, purchasing licenses, and downloading Digital Assets.
  • Terms of Use (“ToU”): Refers to the general terms and conditions applicable to all Users of the Cosmos platform. By accessing or using the Cosmos platform, Users agree to comply with and be bound by these Terms of Use, in addition to this Contract.
ARTICLE 3. USER ACCOUNT AND BALANCE MANAGEMENT AND USE OF COSMOS CREDITSSubsection 3 . 01 Topping Up Balance
  • Users can top-up their Membership accounts with Cosmos Credits through the secure payment infrastructure provided by Xsolla Inc. Since Cosmos Credits top-up is only available to Members, Members will be able to access the top-up interface after logging in. In addition, if there is a subscription package purchased by the Member, Cosmos Credits can be topped up to the Member's account by Leartes Studios on a monthly basis within the scope of this package. Records of all transactions will be displayed in the Member's profile page.
  • Users are entitled to utilize various payment methods for the purpose of topping up their balance, subject to the terms and conditions promulgated by Xsolla Inc.
  • Upon selection of the desired amount of Cosmos Credits, the User will be required to confirm the purchase. This confirmation signifies the User’s agreement to the transaction amount and the corresponding deduction of funds from their chosen payment method.
  • Upon successful completion of the transaction, the User will receive a digital receipt detailing the amount of Cosmos Credits purchased, the equivalent value in real currency, the date of the transaction, and the transaction ID. This receipt serves as proof of purchase and should be retained by the User for their records.
  • The User unequivocally acknowledges that once Cosmos Credits are credited to their account, these funds are irrevocable, non-refundable, and non-transferable.
  • Without prejudice to the provisions set forth by Leartes Studios in this Agreement, in the event of transactions that may raise suspicion of fraud or money laundering, including, but not limited to, causing losses to Leartes Studios through, for example, unauthorised use of credit cards or cancellation of the transaction through the banking system, and material breach of this Agreement, Leartes Studios may cancel the Member's access to the platform and all assets, and may recourse to the Member who carried out such actions for any damages incurred.
Subsection 3 . 02 Balance Tracking
  • Users shall have continuous access to view their current Cosmos Credit balance, which shall be conspicuously displayed in the top right section of the Member interface on the Cosmos platform.
  • Members shall have the right to access a comprehensive record of their transaction history, including detailed documentation of Cosmos Credit expenditures, through their personalized profile page on the platform.
Subsection 3 . 03 Balance To Be Replenished
  • By confirming this Agreement, the Member hereby authorises the withdrawal of [______] US Dollars from his/her account by the authorised payment agent and the replenishment of his/her Cosmos account with [______] Cosmos Credits, and Leartes Studios undertakes to make such replenishment upon successful completion of the payment transaction.
Subsection 3 . 04 Use of Cosmos Credits
  • Cosmos Credits are to be utilized by Members for the procurement of services and licenses to digital assets available on the Cosmos platform.
  • It is hereby stipulated that Cosmos Credits are strictly non-refundable and non-transferable. Under no circumstances shall Cosmos Credits be exchanged for cash or used as a medium of exchange for any other currency or commodity.
  • Notwithstanding any provision to the contrary, it is expressly declared that Cosmos Credits credited to a Member’s account shall not be subject to any expiration date and shall remain available for use on the Cosmos platform indefinitely, subject to the continued existence and operation of the platform.
ARTICLE 4. PURCHASE OF SERVICES, DIGITAL ASSET LICENSES, AND USER RESPONSIBILITIESSubsection 4 . 01 Services Offered
  • The Cosmos platform offers a variety of services available for purchase using Cosmos Credits. These services encompass a range of digital offerings designed to enhance the User's experience on the platform.
  • A detailed description of the services available for purchase, including any limitations or conditions of use, shall be provided to the Member on the Cosmos platform.
Subsection 4 . 02 Digital Asset Licenses
  • Members may utilize Cosmos Credits to acquire licenses for digital assets available on the Cosmos platform.
  • The terms and conditions governing the licensing of digital assets shall be as per the separate Digital Asset Licensing Contract, which Members must accept at the time of each asset purchase.
Subsection 4 . 03 User Responsibilities
  • Users are required to adhere strictly to the terms of this Contract, the Terms of Use (ToU) of the Cosmos platform, and any other relevant policies or agreements. Failure to comply with these terms may result in suspension or termination of the User's account and access to the platform.
  • In accordance with the ToU, Members are responsible for maintaining the confidentiality and security of their account information, including usernames and passwords. Users must take all necessary steps to prevent unauthorized access to their account and promptly notify Leartes Studios of any suspected security breaches or unauthorized use.
Subsection 4 . 04 Refund Policy for Digital Assets
  • Refunds or partial refunds for licenses of digital assets licensed using Cosmos Credits, whether topped up by the User or credited by Leartes Studios in accordance with the Subscription Agreement, are subject to the terms outlined in the Digital Asset Licensing Contract.
  • In cases where a refund is possible in accordance with the Digital Asset Licensing Contract, the refunded amount can only be reflected in the User's Cosmos Credits balance if the transaction was carried out entirely using Cosmos Credits. In this case, no refund shall be made to another payment instrument and no cash refund shall be possible.
Subsection 4 . 05 General Non-Refundability of Topped-Up Balances
  • Except as otherwise provided in this Contract, topped-up balances in the form of Cosmos Credits are generally non-refundable. Users acknowledge that once Cosmos Credits are credited to their account, these funds are intended for use within the Cosmos platform and are not subject to cash refunds or withdrawals.
  • In accordance with the mandatory provision of Article 15 (ğ) of the "Regulation on Distance Contracts" published in the Official Gazette dated 27.11.2014 and numbered 29188, the Member irrevocably declares and undertakes that he/she understands that the right of withdrawal is NOT available if this Contract is subject to consumer purchases, and that he/she has been clearly informed in this regard within the scope of this provision and this Contract.
Subsection 4 . 06 Exemption for Mistaken Payments:
  • In cases where a User mistakenly tops up an excessive amount of Cosmos Credits (e.g., £10,000 instead of £100) due to a bona fide error, and such mistake is promptly reported to Leartes Studios in accordance with good-faith principles, the excess amount may be refunded to the User’s original payment method. This exemption is subject to verification and confirmation of the mistake by Leartes Studios.
ARTICLE 5. TERMINATION AND SUSPENSIONSubsection 5 . 01 Conditions and Consequences for Termination or Suspension
  • Member-Initiated Termination:
    • Members may terminate their membership and request account deletion as per the procedure outlined in Section 11.01(a) of the Terms of Use (ToU).
    • Upon initiation of account termination, Cosmos shall notify the Member of their remaining balance of Cosmos Credits. Members should be cognizant that any remaining balance shall be forfeited and is not subject to refund or compensation.
    • The forfeiture of the Cosmos Credits balance upon Member-Initiated Termination is irrevocable.
  • Company-Initiated Termination:
    • In accordance with Section 11.01(c) of the ToU, Leartes Studios reserves the right to terminate a Member's account and revoke access to the platform in cases of Agreement breach.
    • Such termination may result in the immediate suspension or cancellation of any ongoing services or transactions and restriction on access to the platform.
    • In these instances, the User shall forfeit any remaining balance of Cosmos Credits, with no entitlement to repayment, refund, or compensation.
  • End-of-Service Termination:
    • Should Leartes Studios decide to terminate the Cosmos service, Members shall be informed about the termination process.
    • In such cases, Leartes Studios may, at its discretion, propose a method for refunding the remaining balance of Cosmos Credits, subject to specific terms to be communicated at that time.
ARTICLE 6. MODIFICATION OF CONTRACTSubsection 6 . 01 Notice of Changes
  • Leartes Studios commits to providing Members with advance notification of any amendments, modifications, or alterations to this Contract. Such notifications shall be delivered to Members via their registered email addresses at least ten (10) days prior to the implementation of the changes. Furthermore, an announcement regarding upcoming changes shall be prominently displayed on the Cosmos Website/Platform.
  • In cases of substantial modifications, Leartes Studios shall extend the notice period to a minimum of thirty (30) days before the enactment of these changes. The notification process for these significant changes shall follow the standard procedure, encompassing both email communication and website announcements.
Subsection 6 . 02 Acknowledgment of Changes
  • In every transaction involving Cosmos Credits, Members shall be presented with the current version of the Contract along with a Pre-Contractual Information Form. This presentation shall occur regardless of whether there have been recent amendments to the terms of the Agreement.
  • Members are required to review and accept the terms outlined in the Contract and the Pre-Contractual Information Form at each transaction point involving Cosmos Credits.
Subsection 6 . 03 Review and Acceptance for Subscription Balances
  • Members who have topped up their balances with Cosmos Credits under the Subscription Agreement are advised to regularly review this Contract for any changes related to the terms governing Cosmos Credits. While the amount of Cosmos Credits provided for each Subscription is governed under the Subscription Agreement, the use and management of these Cosmos Credits are governed by this Contract.
  • Continued use of the Cosmos Website/Platform following the effective date of changes communicated under Subsection 6.01, specifically in relation to Cosmos Credits obtained through the Subscription Agreement, shall constitute the Member's acceptance of the revised terms. This is due to the fact that, in these instances, Members may not be presented with this Contract or the Pre-Contractual Information Form for each transaction, but shall have agreed to the Subscription Agreement at the commencement of their subscription.
ARTICLE 7. DISPUTE RESOLUTION AND GOVERNING LAWSubsection 7 . 01 Dispute Resolution Mechanisms
  • The parties shall engage in good faith efforts to amicably resolve any disputes, claims, questions, or disagreements arising from or related to this Contract or its breach, through consultation and negotiation, aiming for a just and equitable solution satisfactory to both parties.
  • If no resolution is reached within 60 days from the initiation of the dispute, either party may elect to escalate the matter to formal legal proceedings.
Subsection 7 . 02 Applicable Law
  • This Contract shall be governed and interpreted in accordance with the laws of Turkey, irrespective of its conflict of law principles.
Subsection 7 . 03 Jurisdiction for Commercial Entities
  • Legal actions or proceedings arising under this Contract shall be brought exclusively in the courts and enforcement offices of Istanbul (Çağlayan), Turkey, to which the parties irrevocably consent in terms of jurisdiction and venue.
Subsection 7 . 04 Consumer Rights and Jurisdiction:
  • Notwithstanding the foregoing, consumer rights are expressly reserved under this Contract. For purchases made through the Cosmos platform by consumers residing in Turkey, the Provincial/District Consumer Arbitration Committees are authorized for disputes below 104,000 Turkish Liras (for the year 2024), and the Consumer Courts at the consumer's location are authorized for disputes exceeding this limit. For consumers residing in the European Union, the European Online Dispute Resolution Platform (ODR platform) is available for Consumer Disputes and can be accessed at http://ec.europa.eu/consumers/odr/
ARTICLE 8. MISCELLANEOUS PROVISIONSSubsection 8 . 01 Severance
  • If any provision of this Contract is determined invalid, illegal or unenforceable by a competent judicial authority or agency, such provision shall, to the extent applicable, be deemed to be null and void. Such disregard shall have no effect on the validity and enforceability of the other provisions of this Contract, nor shall the Parties assert any objection or defence that they would not have become parties to the Contract had the relevant provision not existed at the time of its conclusion, nor shall they claim that the omitted provision should be annulled in respect of transactions prior to the date of such omission.
  • If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Subsection 8 . 02 No Waiver
  • The failure of a Party to exercise any right or enforce or delay in enforcing any provision of this Contract shall not constitute a waiver of such right or provision unless agreed in writing by the Party not exercising such right or delaying in enforcing such provision.
Subsection 8 . 03 Assignment
  • The Member may not assign this Contract or any rights or obligations hereunder without the prior written consent of the Leartes Studios. Leartes Studios may assign this Contract or any rights or obligations hereunder, provided that Leartes Studios ensures that any assignee agrees to fulfill the Leartes Studios’s obligations under this Contract, and the Leartes Studios notifies the Member of such assignment.
ARTICLE 9. ACCEPTANCE AND EFFECTIVENESS OF CONTRACTSubsection 9 . 01This Contract shall be continuously accessible to the Members on the Cosmos Website/Platform. Additionally, Leartes Studios agrees to provide a copy of this Agreement to the Membr via registered e-mail upon their request. It is the Subscriber's responsibility to ensure their e-mail address is current and accurate. Leartes Studios is committed to ensuring the Member’s ease of access to the terms of this Contract.Subsection 9 . 02 This Contract, which consists of only 9 (Nine) Articles, shall enter into force immediately upon being read by the Member and accepted electronically with all its terms and conditions and without any reservation.

Digital Asset Licensing Contract

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This Digital Asset Licensing Contract (the “Contract”), effective as of 31 January 2024 (“Effective Date”) is entered into by and between Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi, a corporation duly organized and existing under the laws of Republic of Türkiye with its principal place of business at Merdivenköy Mah. Dikyol Sk. B Blok No: 2 İç Kapı No: 193 KADIKÖY/ İSTANBUL (“Licensor”), and Member of Cosmos Platform (“License”) whose idetification is given below and who confirms that it is acting in a business capacity and not as a consumer in relation to this Contract.
Name: E-mail:
  • (A) WHEREAS, the Licensor owns and operates the Cosmos, a digital platform designed for the licensing, utilization, and distribution of a wide array of digital assets, including but not limited to environments, 3D assets, visual effects, sounds, tools, and materials, accessible at cosmos.leartesstudios.com (“Cosmos”);
  • (B) WHEREAS, the Licensee desires to access and use certain digital assets made available through the Cosmos Platform for the purpose of developing and commercializing interactive digital media contents and games.
  • (C) WHEREAS, the Licensor is willing to grant, and the Licensee wishes to receive, a license to use such digital assets, subject to the terms and conditions set forth in this Contract;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows:
Article 1: Definitions:For the purposes of this Contract, the following terms shall have the meanings set forth below:
“Cosmos Credits” refers to the designated virtual commodity designed exclusively to be used on Cosmos. Use of Cosmos Credits are governed under Cosmos Prepaid Balance Contract.
“Digital Assets” refers to the digital asset provided by the Licensor on the Cosmos Platform, including but not limited to environments, 3D assets, visual effects, sounds, tools, and materials.
“End User”(“Licensee”) denotes any individual or entity that utilizes the Licensed Content in accordance with the terms of this Contract.
“Intellectual Property” refers to all creations of the mind that are available on the Cosmos platform, including Digital Assets, trademarks, copyrights, patents, trade secrets, domain names, and subdomains. All intellectual property rights, except for those belonging to third parties, are the property of Leartes Studios.
“Licensed Content” encompasses the Digital Assets that are licensed to the Licensee under this Contract.
“Terms of Use” refers to the general terms and conditions applicable to all Users of the Cosmos platform set forth in Terms of Use.
Article 2: Grant of LicenseSection 2.1: Nature and Scope of LicenseThe Licensor hereby grants to the Licensee a non-exclusive, non-transferable, and limited license to access and use the Digital Assets provided on the Cosmos Platform, subject to the terms and conditions of this Contract.The Licensee is authorized to use, copy, adapt, modify, and create derivative works based upon the Licensed Content for incorporation into various projects, including but not limited to digital media, game development, and interactive content. The Licensee may utilize the Licensed Content for both personal and commercial purposes, in accordance with the provisions of this Contract.Section 2.2: Restrictions on UseThe Licensee shall not:
  • Redistribute, resell, lease, license, sub-license, or offer the Licensed Content on a standalone basis.
  • Use the Licensed Content in any manner that competes directly with the Licensor's business or the Cosmos Platform.
  • Incorporate the Licensed Content into any products or services that facilitate or promote illegal activities or violate any applicable laws and regulations.
  • Engage in unauthorized sublicensing of the Licensed Content to any third parties.
  • Modify or use the Licensed Content in a way that infringes upon the intellectual property rights or other rights of any third parties.
The Licensee is prohibited from sublicensing, sharing, or otherwise transferring any rights granted under this Contract to any third party, except as expressly permitted in writing by the Licensor.
Article 3: Intellectual Property RightsThe Licensor declares and the Licensee acknowledges that the Licensor, or its licensors, retain all right, title, and interest in and to the Digital Assets provided on the Cosmos Platform. This includes, without limitation, all copyrights, patents, trademarks, trade secrets, and other intellectual property rights therein.The Licensee accepts that the license granted under this Contract is a limited right to use the Digital Assets and does not constitute a transfer of title or ownership in any of the Digital Assets. The Licensee's use of the Digital Assets is subject to the terms and conditions of this Contract and does not confer any proprietary rights to the Licensee over the Digital Assets.
Article 4: Licensed ContentContent Details:
Name/ID: Category: Type: Quantity: License Fee:
Article 5: User Obligations and ComplianceThe Licensee undertakes to comply with all terms and conditions set forth in this Contract and to adhere to all applicable laws and regulations in their use of the Digital Assets. This includes, but is not limited to, any laws governing copyright, trademark, and other relevant intellectual property laws.Where required by the Licensor, the Licensee shall provide appropriate attribution or acknowledgment of the source of the Digital Assets in a manner consistent with industry standards and as specified by the Licensor. This may include, but is not limited to, the inclusion of copyright notices or other proprietary legends as instructed by the Licensor.The Licensee shall not use any trademarks, service marks, logos, or branding of the Licensor (“Licensor’s Marks”) without the Licensor’s prior written consent. When granted permission, the Licensee must use the Licensor’s Marks in accordance with any guidelines provided by the Licensor. The Licensee acknowledges that all use of the Licensor’s Marks and any goodwill associated therewith shall inure to the benefit of the Licensor.
Article 6: Payments
License Fee for Licensed Content is : _______ (VAT included)Payment Terms: Via Cosmos Credits Balance or via XSolla.
Use of Cosmos Credits are governed by Cosmos Prepaid Balance Contract.It is expressly understood that any subsequent price changes to the Licensed Content shall not give rise to any claims or adjustments for previous purchases made by the Licensee. The terms agreed upon at the time of each transaction are final and binding for that specific licensing.All prices are inclusive of VAT and final.
Article 7: Delivery of Licensed ContentThe Licensor shall make the Licensed Content available to the Licensee through the Cosmos Platform. The Licensor shall ensure that the Licensed Content is accessible for download or use by the Licensee in accordance with the terms of this Contract.The Licensed Content shall be delivered to the Licensee electronically, either via direct download from the Cosmos Platform or through a secure link provided to the Licensee’s designated email address. The Licensee acknowledges that there is no physical delivery of the Digital Assets licensed to it under this Contract.The Licensor shall make reasonable efforts to ensure that the Licensed Content is delivered promptly following the completion of the Licensee’s purchase transaction. However, delivery times may vary based on technical factors, the nature of the Licensed Content, and other relevant circumstances.The Licensed Content shall be delivered in a standard digital format, as specified on the Cosmos Platform. The Licensor shall ensure that the Licensed Content meets a reasonable level of quality and is free of defects at the time of delivery.The Licensor shall notify the Licensee when the Licensed Content is available for access or download. This notification may be provided through the Cosmos interface or via email.Upon receipt of the Licensed Content, the Licensee shall be responsible for verifying the integrity and completeness of the content. Any issues or discrepancies must be reported to the Licensor within 14 days of the transaction.
Article 8: Refund and Cancellation PolicySection 8.1. Non-Refundability and Cancellation The Licensee acknowledges and agrees that due to the nature of digital content licensing, all sales of Licensed Content under this Contract are final. Once the Licensed Content has been made available for download or has been accessed by the Licensee, it shall be deemed delivered and used, and no refunds shall be issued.Notwithstanding the above, the Licensee may cancel their purchase and request a refund only if the Licensed Content has not yet been accessed or downloaded. Such cancellation must be communicated to the Licensor in writing within 2 hours from the time of the transaction. Section 8.2. Faulty or Non-Conforming ContentIn the event that the Licensed Content is found to be faulty, not as described, or does not perform as advertised, the Licensee shall notify the Licensor in writing, detailing the specific issues encountered. The Licensor shall then have the opportunity to rectify the issue within a reasonable time frame. If the Licensor is unable to remedy the problem in this way, the Licensor shall first offer a discount in proportion to the rate of defect or refund the licence fee paid to the Licensee, unless this imposes an extraordinary burden on the Licensee. The reduction in the rate of defect cannot be rejected without a reasonable ground.To initiate a cancellation or request a refund under the conditions stated above, the Licensee must contact the Licensor through the designated communication channels provided on the Cosmos Platform. The Licensor shall process valid refund requests in accordance with its standard operating procedures and applicable laws.
Article 9: Termination and RevocationThe Licensor may terminate this Contract and revoke the license if:
  • The Licensee fails to comply with any terms and conditions of this Contract.
  • The Licensee fails to comply with any terms and conditions of Terms of Use.
  • The Licensee engages in any unauthorized use of the Licensed Content.
  • The Licensee becomes insolvent, files for bankruptcy, or ceases its business operations.
Upon termination of this Contract:
  • All rights granted to the Licensee under this Contract shall immediately cease.
  • The Licensee shall immediately cease all use of the Licensed Content and delete or destroy all copies of the Licensed Content in their possession or control.
Article 10: Warranties and RepresentationsSection 10.1. General Warranties and RepresentationThe Licensor warrants that it has the right to grant the license to the Licensed Content and that the Licensed Content does not infringe upon the intellectual property rights of any third party.Except for the express warranties provided herein, the Licensed Content is provided "as is" without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.There are no express and/or implied warranties, guarantees of performance and no express and/or implied undertakings given by the Licensor with respect to the licences offered under this Agreement, including but not limited to those listed in this Section.
  • The Licensed Content is suitable for the needs and requirements of the Licensee,
  • The effectiveness, reliability and certainty of the results, benefits and/or returns from the use of and access to the Licensed Content,
  • That the Licensed Content will meet the Licensee's expectations
Section 10.2. Acknowledgements by LicenseeThe Licensee acknowledges and agrees that:
  • They have exercised their independent judgment in acquiring the Licensed Content.
  • They shall not rely on any representation or warranty from the Licensor regarding the Licensed Conten's suitability for a particular purpose, except as expressly stated in this Contract
  • The Licensee understands the commercial nature of this Contract and agrees that the Licensee shall not seek to invoke any consumer rights or consumer protection laws in relation to any aspect of this Contract, including but not limited to the licensing, use, and delivery of the Licensed Content.
Article 11. Limitation of Liability:The Licensor's liability in connection with the use of the Digital Assets provided under this Contract shall be limited to the maximum extent permitted by law. The Licensor shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or goodwill.Notwithstanding any other provision of this Contract, the total liability of the Licensor to the Licensee for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) shall not exceed the total license fee actually paid by the Licensee to the Licensor for the Licensed Content under this Contract during the twelve (12) months immediately preceding the date of the claim.
Article 12. IndemnificationSection 12.1. Scope of IndemnificationThe Licensee shall indemnify, defend, and hold harmless the Licensor, its affiliates, officers, agents, and employees from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with the Licensee's use of the Licensed Content, violation of this Contract, or violation of any rights of a third party.Specifically, the Licensee shall also indemnify the Licensor against any claims, damages, liabilities, costs, and expenses arising from allegations that the Licensee's use of the Licensed Content infringes or violates any intellectual property rights of a third party. Section 12.2. Procedure for IndemnificationIn the event of a potential indemnity claim, the Licensor shall:
  • Promptly notify the Licensee of the claim.
  • Allow the Licensee to control the defense and settlement of the claim.
  • Provide reasonable assistance (at the Licensee's expense) in the defense and settlement of the claim.
Section 12.3. Limitations on IndemnificationThe Licensee's obligation to indemnify shall not apply to the extent that the claim arises from the Licensor's breach of this Contract or from the Licensor's negligence or willful misconduct.
Article 13. Dispute Resolution and Governing LawSection 13.1. Dispute Resolution MechanismsThe parties shall engage in good faith efforts to amicably resolve any disputes, claims, questions, or disagreements arising from or related to this Contract or its breach, through consultation and negotiation, aiming for a just and equitable solution satisfactory to both parties.If no resolution is reached within 60 days from the initiation of the dispute, either party may elect to escalate the matter to formal legal proceedings.Where the nature of the dispute and the necessity of the situation indicate that the 60-day period will cause prolongation, the dispute may be referred to the judicial authorities without waiting for this period.Section 13.2. Applicable LawThis Contract shall be governed and interpreted in accordance with the laws of Republic of Türkiye.Section 13.3. JurisdictionLegal actions or proceedings arising under this Contract shall be brought exclusively in the courts and enforcement offices of Istanbul (Çağlayan), Turkey, to which the parties irrevocably consent in terms of jurisdiction and venue.
Article 14. Miscellaneous ProvisionsSection 14.1. AssignmentLicensee may not assign or transfer any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior written consent of Licensor. Any purported assignment, transfer, or delegation in violation of this Section is null and void. No assignment, transfer, or delegation will relieve the assigning or delegating Party of any of its obligations hereunder. This Contract is binding solely upon to the benefit of the appearing Parties hereto.Section 14.2. SeverabilityIf any provision of this Contract is determined invalid, illegal or unenforceable by a competent judicial authority or agency, such provision shall, to the extent applicable, be deemed to be null and void. Such disregard shall have no effect on the validity and enforceability of the other provisions of this Contract, nor shall the Parties assert any objection or defence that they would not have become parties to the Contract had the relevant provision not existed at the time of its conclusion, nor shall they claim that the omitted provision should be annulled in respect of transactions prior to the date of such omission.If any provision of this Contract is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Contract or invalidate or render unenforceable such term or provision in any other jurisdiction.Section 14.3. No WaiverThe failure of a Party to exercise any right or enforce or delay in enforcing any provision of this Contract shall not constitute a waiver of such right or provision unless agreed in writing by the Party not exercising such right or delaying in enforcing such provision.
Article 15. Acceptance And Effectiveness of ContractThe parties hereby declare and undertake that they have read, understood and accepted this Contract, which consists of only 15 (Fifteen) articles, without any indication or reservation.IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives as of the Effective Date.

DIGITAL ASSET LICENSING CONTRACT: PRELIMINARY INFORMATION FORM

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DEFINITIONS
Licensor: Refers to Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi.
Cosmos: Refers to Digital Asset platform managed by the Licensor and hosted on cosmos.leartesstudios.com.
Digital Asset: Refers to digital assets provided by Licensor on Cosmos, including but not limited to 3D assets, visual effects, sounds, tools and materials.
Intellectual Property: Refers to all intellectual creations available on the Cosmos platform, including trademarks, copyrights, patents, trade secrets, domain names and subdomains. All intellectual property rights, except those owned by third parties, are the property of Leartes Studios.
Licensee: Refers to Member who uses the Licensed Content in accordance with the terms of the Digital Asset Licensing Contract.
Member: Refers to natural or legal person who become a member of Cosmos by approving the ToU.
Terms of Use (ToU): Refers to the Terms of Use Contract between Company and Members, setting out the general terms and conditions applicable to all Members of Cosmos.
PURPOSE AND SUBJECTThe purpose and subject of this Preliminary Information Form is to clarify and inform the Licensor and the Licensee regarding the Digital Asset Licensing Contract (“Contract”) between the Licensor and the Licensee.The Preliminary Information Form (“Form”) may be printed, downloaded and/or stored by the Users. The Form and the Contract can be viewed at cosmos.leartesstudios.com (“Website”) at any time and can be sent to Users via e-mail upon their request.
DIGITAL ASSETS AND DIGITAL ASSET LICENSEDigital Assets refers to digital assets provided by Licensor on Cosmos, including but not limited to environments, 3D assets, visual effects, sounds, tools and materials. Leartes Studios owns all intellectual property rights in the Digital Assets except those owned by third parties.The purchase of a Digital Asset License shall not in any way be construed as a transfer of title and intellectual property rights. The Licensor undertakes to grant to the Licensee a non-exclusive, non-transferable, and limited license to access and use the Digital Assets provided on Cosmos, subject to the terms and conditions set out in the Contract. The Licensee also undertakes to pay to the Licensor the License Fee for the Digital Assets it wishes to license.Licensee is also obligated to use the licensed Digital Assets in accordance with the terms of the Subscription Contract and the Digital Asset Licensing Contract, as well as Leartes Studios' policies and applicable legislation. The Licensee is prohibited from sublicensing, sharing, or otherwise transferring the rights established in its favor under this Contract to any third party unless expressly permitted in writing by the Licensor.The Digital Asset licensed under the Contract (“Licensed Content”) is as shown below on the payment screen and hereunder.
Digital Asset Name
Category
Subcategory
LICENSE FEEThe Licensee undertakes to pay to the Licensor _______________ as the License Fee (“License Fee”).The License Fee includes VAT and applicable taxes.The Licensor is not responsible for commissions and additional charges that may be imposed by banks and financial institutions. It is recommended that the Licensee obtain information from the bank or financial institution about the relevant commissions and charges.
INFORMATION REGARDING PARTIES
LICENSOR INFORMATIONLicensor: Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim ŞirketiAddress : Merdivenköy Mah. Dikyol Sk. B Blok No: 2 İç Kapı No: 193 KADIKÖY/ İSTANBULTelephone: +90 5551416847Email: info@leartesstudios.comT.O.: GÖZTEPETIN: 6081653280
LICENSEE INFORMATIONLicensee: _______________T.R. Identity Number / TIN: _______________Address: _______________Telephone: _______________E-Mail: _______________Invoice Address: _______________
INFORMATION ON METHODS OF REPORTING LICENSEE COMPLAINTS AND REQUESTSThe Licensee may, if necessary, send its requests, complaints, opinions and/or support requests arising from the Digital Assets or the Contract to the Licensor electronically via the request form on Cosmos, via the e-mail address it has registered with Cosmos to the e-mail address info@leartesstudios.com and/or via telephone using the Licensor's Contact Line on Cosmos.
PAYMENT, DELIVERY AND PERFORMANCE OF THE CONTRACTThe Licensor shall identify the Digital Asset License subject to the Contract to the Licensee's account on Cosmos upon the Licensee's performance of the Licensee's obligation to pay the consideration for the relevant Digital Asset license arising from the Contract to the Licensor through XSolla without delay, in full and in cash.The Licensee has been informed that the Digital Asset License purchase, the features and usage principles of which are specified in this Preliminary Information Form and within the scope of the Contract, is a one-time single purchase.The Licensee acknowledges and agrees that there is no physical delivery of the Digital Assets and Digital Asset Licenses whose characteristics and usage principles are specified in this Form and Contract, and that the Digital Assets, which are intangible, will be delivered electronically through Cosmos or through a secure download link to be sent to the electronic mail address of the Licensee registered with Cosmos.Licensor will notify Licensee when the Licensed Content is available for access or download. This notification may be provided through the Cosmos interface or via email.For payment transactions on Cosmos, Leartes Studios uses the infrastructure provided by 'Xsolla (USA), Inc.', registered under trade registration number C3140351, located at 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403, USA. Xsolla is authorized by Leartes Studios for the purpose of payment infrastructure creation and secure payment collection and operates under commercial agreements that allow Xsolla to provide certain services under payment solutions on Leartes Studios' platforms.Xsolla is not a bank or similar financial custodian. It is a payment infrastructure provider to ensure convenient and fast processing within Cosmos. Xsolla engages duly licensed payment institutions for the processing and transfer of funds. These payment institutions are committed to comply with all applicable legislation, including Know-Your-Customer (KYC) and Anti-Money Laundering (AML) laws and regulations.The Licensor shall have no responsibility whatsoever for any financial obligations such as additional payments, charges, commissions, etc. that may be reflected to the Licensee by the bank.
CLARIFICATION OF NO RIGHT OF WITHDRAWALLicensee acknowledges and agrees that due to the nature of licensing digital content, all licensing under the Contract is final. Once the Licensed Content is made available for download or accessed by Licensee, it shall be deemed to have been delivered and used and shall not be subject to any partial or total refund. The exceptional cancellation terms and warranty against defect provisions contained in the Contract are reserved.The Licensee irrevocably accepts, declares and undertakes that the consumer does NOT have the right of withdrawal in terms of "Contracts for services performed instantly in electronic media or contracts for intangible goods delivered to the consumer instantly" in accordance with the provision of Article 15 (ğ) subparagraph regulating the exceptions to the right of withdrawal of the "Distance Contracts Regulation" published in the Official Gazette dated 27.11.2014 and numbered 29188, and that it has been clearly informed in this regard within the scope of this provision and this Form.
INFORMATION ON PAYMENT OBLIGATIONBy reading, understanding and signing the Form and the Contract by the parties, the Licensee accepts, declares and undertakes that he/she understands that he/she is under the obligation to pay the monetary debt arising from the Contract against the Licensor and that he/she has been informed by the Licensor in this regard with certainty that leaves no reasonable doubt.
APPLICABLE LAW AND DISPUTE RESOLUTIONTurkish Law shall apply to the entire contractual relationship, including pre-contractual negotiations, disputes that may arise during and after the contractual relationship. In case there is a foreign element in the disputes that may arise between the Parties, Turkish conflict of laws rules are reserved. For the settlement of disputes, the Parties firstly accept, declare and undertake to make reasonable efforts for settlement and to resolve disputes within the exclusive jurisdiction of Istanbul (Çağlayan) Courts and Execution Offices for disputes that cannot be settled.
CONFIRMATION OF PRELIMINARY INFORMATION FORMThe Licensor shall confirm that the Preliminary Information Form has been read and understood by the Licensor and that the Licensor has been clearly informed about the matters in this Form by checking the box marked "I have read and understood the Preliminary Information Form" at the payment stage on the Platform/Website.This Preliminary Information Form is an integral part and supplementary element of the Contract. By signing the Contract electronically without any reservation or indication, the Licensor hereby irrevocably accepts, declares and undertakes that he/she has read the Preliminary Information Form and that he/she has been informed about the provisions stated herein with clarity that leaves no reasonable doubt.

ROCKET SOFTWARE END USER LICENSE AGREEMENT

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This End User License Agreement (“EULA” or “Agreement”) is executed and signed by and in between users of Cosmos Platform (“Cosmos”) and Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret A.Ş. (“Company” or “Leartes”).This End User License Agreement exclusively governs the use of Rocket Software (“Rocket” or “Software”) developed by the Company. A separate Terms of Use agreement governs Users’ use of online services in connection with the Software.
Article 1. Acceptance of Agreement
1.1. Upon downloading the Software from the designated website, the installation process shall commence only after the User affirmatively indicates their acceptance of this Agreement by selecting the 'I Accept' option. Failure to accept this Agreement will prevent the installation of the Software on the User's computer system.
1.2. The User acknowledges and agrees that access to certain services and functionalities of the Software, including but not limited to full access capabilities, may be contingent upon the User's acceptance of and compliance with additional legal agreements and texts. These may include, but are not limited to Terms of Use, Digital Asset Licensing Contract and Privacy Policy. The User's failure to accept and adhere to the terms of these additional agreements and texts may limit or restrict their access to certain services or features of the Software. The User further acknowledges that these additional agreements and texts are integral to the lawful and intended use of the Software and are binding upon the User in conjunction with this EULA.
Article 2. Intellectual Property Rights
2.1. The Software is the valuable property of Leartes and its licensors. All rights, title, and interest in and to the Software, including all intellectual property rights therein, are and shall remain with Leartes and its licensors. This Agreement does not convey to the User an interest in or to the Software, but only a limited right of use in accordance with the terms of this Agreement.
2.2. All intellectual and moral rights in the Software are the exclusive property of Leartes. Unauthorized copying, modification, or redistribution, in whole or in part, of the Software is expressly prohibited. The User acknowledges that any such actions constitute a breach of this Agreement and an infringement of Leartes' intellectual property rights.
2.3. Graphics, logos, and other intellectual works, including all legal notices contained within or provided through the Software, are the exclusive property of Leartes. The User is expressly prohibited from copying, reproducing, modifying, distributing, displaying, performing, or using these graphics, logos, or other intellectual works for any purpose without the prior written consent of Leartes.
Article 3. Restrictions on Redistribution and Use
3.1. Following download and installation of the Software, the User is expressly prohibited from uploading or redistributing the Software's source code, files, or any part thereof, to any platform other than Cosmos, or making it available for use by third parties. Any such unauthorized redistribution or use constitutes a breach of this Agreement.
3.2. The User agrees and undertakes not to engage in any unlawful activities in connection with the use of the Software. Specifically, the User shall not, directly or indirectly:
  • Attempt to crack, reverse-engineer, or otherwise circumvent any security or access control measures implemented within the Software;
  • Engage in any form of data mining, data harvesting, or similar activities aimed at extracting proprietary or confidential information from the Software or the Cosmos Platform;
  • Exploit the Software for any unlawful purposes, including but not limited to, the unauthorized copying, distribution, or transmission of digital assets or proprietary content available on the Cosmos Platform;
  • Facilitate or assist any third party in conducting any of the activities prohibited herein.
3.3. The User acknowledges that such activities not only breach the terms of this Agreement but may also violate applicable laws and regulations. In the event of such violations, Leartes reserves the right to take appropriate legal action to protect its interests and may terminate this Agreement and also the other contractual relationship in between User and the Company with immediate effect. The User shall indemnify and hold harmless Leartes against any claims, damages, liabilities, costs, and expenses arising from such unlawful activities.
Article 4. Requirement for Internet Connectivity and User Account:
4.1. The use of the Software requires an active internet connection. Upon completion of the installation, and for each subsequent use of the Software, the User must log in to their Cosmos user account to access the Software. This requirement persists unless the 'Remember Me' feature is activated, where applicable.
Article 5. Temporary Suspension of Software
5.1. Leartes reserves the right to temporarily suspend the provision of the Software, or any part thereof, under the following circumstances to ensure optimal service quality and security:
  • When necessary maintenance or repair of the Software's systems is being conducted to ensure continued service quality and functionality.
  • In the event of circumstances beyond Leartes' reasonable control, including but not limited to natural disasters (such as fires, floods), power outages, acts of God, wars, riots, labor disputes, or other significant disruptions.
  • In instances of system failure or when there is an unusually heavy load on the system that affects the stability or performance of the Software.
  • When it is essential to secure the safety of Users or third parties, or in situations where there is an urgent necessity for the public welfare.
  • In cases where Leartes, in its reasonable discretion, determines that a temporary suspension is necessary for reasons not explicitly mentioned above, but which align with the intent of ensuring secure and reliable operation of the Software.
Article 6. Privacy
6.1. Leartes is committed to protecting the privacy and security of its Users. The Software does not monitor, track, or log any activities conducted by the User in other applications, nor does it browse, access, or collect information from files or data residing in the User's computer system, unrelated to the direct functionality of the Software.
6.2. Any collection of data by the Software is strictly limited to what is necessary for the operation and improvement of the Software and is done in compliance with the Privacy Policy. This includes, but is not limited to, information required for the activation, registration, updating, and troubleshooting of the Software.
Article 7. Limitation of Liability
7.1. In the event that Leartes incurs any damages, losses, or expenses as a result of the User's willful misconduct or negligence in connection with the use of the Software, the User agrees to indemnify and hold Leartes harmless from such damages. The User shall be obligated to compensate Leartes for these damages promptly upon Leartes' request.
7.2. Notwithstanding the generality of any other provision in this Agreement, Leartes shall not be liable for any damages, losses, or expenses arising in connection with this Agreement or the use of the Software, regardless of the nature and extent of such damages, except to the extent that such damages are directly caused by Leartes' willful intent or gross negligence. This limitation of liability applies to all claims, whether based in contract, tort, or any other legal theory, and whether or not Leartes has been advised of the possibility of such damages.
7.3. While Leartes strives to ensure that the Software is free from viruses and is secure, Leartes disclaims all liability for any damage or loss (including, but not limited to, data loss or information loss) that may occur due to the use of the Software on the User's computer system. The User acknowledges that they use the Software at their own risk.
Article 8. Disclaimer of Warranties
8.1. To the fullest extent permissible under applicable law, Leartes provides the Software 'AS IS' and 'AS AVAILABLE', without any warranties or representations of any kind, either express or implied. The User acknowledges and agrees that their use of the Software is at their sole risk.
8.2. Leartes expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. Leartes does not warrant that the Software will meet the User's requirements or that its operation will be uninterrupted, error-free, or secure. The entire risk as to the quality, performance, and use of the Software is with the User.
8.3. The Software may contain or be accompanied by third-party components which are subject to their own terms and conditions. Leartes makes no representations or warranties with respect to such third-party components and shall not be liable for any issues arising from their use.
Article 9. Term of License and Termination
9.1. This License shall remain in effect until terminated as set forth herein. The User's rights under this License are valid as long as Users compliance with all terms and conditions of this Agreement. Termination of this License for any reason shall not affect Leartes' rights to seek other remedies available to it under law or in equity for any breach by the User under this Agreement.
9.2. The User's rights under this License will terminate automatically and immediately without any notice from Leartes if the User fails to comply with any term or condition of this Agreement. Upon such termination, the User must immediately cease all use of the Software and destroy or delete all copies, full or partial, of the Software in their possession or control.
Article 10. Governing Law
10.1. If the User is located within the European Union or the United States of America; This Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. If the User is located elsewhere, this Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Republic of Türkiye.
Article 11. Modifications to the Agreement
11.1. Leartes reserves the right to modify the terms and conditions of this Agreement at any time. Such modifications shall generally be communicated to the User in conjunction with the release of updates to the Software. The continued use of the Software by the User following the release of such updates constitutes acceptance of the modified Agreement. If the User does not agree to the changes, they must cease using the Software and uninstall it from their devices.
11.2. Leartes shall endeavor to notify the User of any significant changes to this Agreement through the Software interface, or via email or other communication methods deemed appropriate by Leartes. It is the User's responsibility to review any such changes and to stay informed about the terms governing their use of the Software.
Article 12. Integrity with Terms of Use
12.1. This End User License Agreement is an indispensable and inseparable addendum to the Terms of Use. The provisions set forth in this EULA complement and are in addition to the provisions of the ToU.
12.2. Where applicable, the provisions of the ToU shall be considered an integral part of this EULA. In cases where provisions of the ToU are relevant and applicable, they shall be enforced to the extent that they are consistent with the terms of this EULA. In the event of any conflict or inconsistency between the provisions of this EULA and those of the ToU, the provisions of this EULA shall prevail.
12.3. This EULA and the ToU shall be interpreted in a harmonious and coherent manner to give full effect to all provisions, with the understanding that this EULA specifically governs the use of the Software.