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END USER LICENCE AGREEMENT (EULA)

This End User Licence Agreement ("Agreement" or "EULA") is a binding legal agreement between NIGHTBYTE (hereinafter referred to as "Company", "We", "Us" or "Our") and the individual or legal entity (hereinafter referred to as "User", "You", "Your" or "Your") who accepts this Agreement. By installing, using, accessing or in any way interacting with the Software, You unconditionally accept all terms and conditions of this Agreement, the Company's additional policies (such as Privacy Policy, Code of Conduct) and all relevant legal notices. If you do not agree to the terms of this Agreement, you must immediately uninstall the Software from your device and stop using the Services. This Agreement is the fundamental document governing the relationship between the Company and the User and supersedes any prior written or oral agreements between the parties.
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1. Introduction
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1. DEFINITIONS AND SCOPE
1.1. Company: NIGHTBYTE is the developer, owner and provider of the Software and related services under this Agreement. The Company retains all intellectual property rights. The Company may provide the Services through subcontractors or affiliates as necessary, in which case the Company remains responsible for the actions of the subcontractors.
1.2. Software: It Has My Face is a digital product developed and offered by the Company. This definition covers the basic client software of the game, game engine, graphic elements, sound files, user interfaces, online components supporting multiplayer modes, mobile applications, updates, patches, expansion packs and all other digital content. The Software may be distributed to the User through a physical media (for example, DVD) or by digital download via a third-party platform or the official website of the Company.
1.3. User: A natural or legal person who installs, uses, accesses or interacts in any way with the Software. The User may be an individual actor or a representative acting on behalf of an organisation, in which case the organisation is deemed to accept and be bound by this Agreement. By accepting this Agreement, the User makes a legally binding commitment.
1.4. Licence: the legal right granted by the Company to the User, which defines the permission to use the Software only under the conditions specified in this Agreement. This licence is of a limited, revocable, non-transferable and non-exclusive nature; it does not grant the User ownership of the Software but only the authorisation to use it under certain conditions. The licence may be terminated by unilateral decision of the Company.
1.5. User Content: This includes any digital material created, uploaded or shared by the User through the Software. This includes in-game customised character designs, user-authored chat messages, forum posts, screenshots, videos and other creative output. User Content may be stored on the Company's servers or shared with other users.
1.6. Services: This includes all online and offline functions and features offered by the Company through the Software. This includes multi-player servers, matchmaking systems, leaderboards, in-game communication tools, technical support services and the Company's official community platforms. The Services are provided through servers under the Company's control.
1.7. Account: The personal registration system created by the User to use the Software in full functionality, identified by username, password and other authentication information. The Account is used to store the User's game progress, purchases, preferences and other personalised data, which is securely stored in the Company's databases.
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At NIGHTBYTE GAMES YAZILIM VE TEKNOLOJİ A.Ş., we value your privacy and are committed to protecting your personal data. This policy outlines how we collect, use, and protect your information in compliance with applicable law, including the Personal Data Protection Law – Turkey (Kişisel Verilerin Korunması Kanunu – KVKK), General Data Protection Regulation (GDPR), Children’s Online Privacy Protection Act (COPPA), Personal Information Protection and Electronic Documents Act - Canada (PIPEDA), California Consumer Privacy Act (CCPA), EU e-Privacy Directive (2008/52/EU).
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2. Data Collection and Use
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2. LICENCE GRANTING AND TERMS OF USE
2.1. Scope of Licence: The Company grants the User permission to use the Software for personal entertainment and non-commercial purposes only. This licence covers the User installing the Software on his/her device, running the game and accessing the Services provided by the Company. The licence does not allow the User to transfer, sublicense or share the Software without the express written permission of the Company, except Steam policies and family sharing feature. The User may only use this licence as long as the User fully complies with all terms and restrictions set out in this Agreement; otherwise the Company may terminate the licence immediately.
2.2. Device and Usage Limits: The licence allows the User to use the Software only through a platform account expressly authorised by the Company. Whichever platform the User purchased the game from (e.g. Steam or PlayStation Store), the licence only works in connection with that platform account. The licence is exclusive to the platform account from which the purchase was made and may not be transferred to any other account or off-platform. The User may not access the Software on a system other than the platform on which the game is running or through a third party service.
2.3. Restrictions on Use: User must strictly refrain from using or engaging in the Software in the following ways:
a) copy, reproduce, transfer to another medium or distribute in any way all or any part of the Software; this prohibition includes copying the files of the Software to a USB drive, sharing or publishing them on an online platform.
b) reverse engineering the source code of software to decipher, decipher, modify or create a derivative work; this includes the use of tools that analyse game files, the creation of modification files or the development of pirated versions.
c) use, sell, rent, lease, sub-licence or make the Software available to third parties for commercial purposes for the purpose of generating revenue of any kind; this includes the use of the Software in a café or tournament environment for a fee, but excludes tournaments officially sanctioned by the Company and requires written permission.
d) taking any action that infringes the Company's intellectual property rights, such as copyrights, patents, trademarks or trade secrets; this includes using the Company's game logos on unauthorised merchandise or publishing the game story in any other media.
e) manipulate the operation of the Software by using cheatware, bots, macros, automated scripts or other unauthorised third-party tools, including automated aiming systems, speed boosters or other software that provides an in-game advantage and disrupts the fair gaming experience of other users.
f) Attempting to circumvent the software's security systems, gaining unauthorised access to servers or taking actions that disrupt the normal operation of the services; this includes DDoS attacks against the Company's servers, attempts to steal sessions or efforts to exploit vulnerabilities.
2.4. Term and Conditions of the Licence: This licence is valid as long as the User complies with this Agreement and as long as the Company does not terminate official support for the Software. The Company makes no commitment to maintain the licence for the lifetime of the Software; for example, if the game reaches the end of its commercial life or becomes technologically obsolete, the Company reserves the right to terminate support and will notify Users www.nightbytegames.com. In the event that the licence expires for any reason, the User must uninstall the Software from all their devices and stop using the services; otherwise, legal action may be taken.
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We collect personal data under the requirements of KVKK, GDPR, PIPEDA, and other applicable regulations:
● Personal Information: Name, e-mail address, account details, and contact information.
● Device and Log Information: Operating system (e.g. Windows, iOS), browser type, and device information (e.g., mobile, desktop).
● Usage Data: In-game behaviors (e.g. gameplay patterns), interaction history, user preferences (e.g., selected avatars or settings), statistical data (e.g. win/loss rations, leaderboard positions), and game performance metrics.
● Cookies and Tracking Technologies: We use cookies to track your preferences and gather usage statistics. You can manage these through your browser settings.
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3. PROPERTY RIGHTS
3.1. Ownership of the Company: All elements of the Software are the exclusive property of the Company and are protected by international law. This includes copyrights covering the Software's programming code, visual designs, sound files, story elements, game mechanics and other creative and technical components; patents protecting innovative game features or systems; trademarks representing the Company's Nightbyte - It Has My Face brand and logo; and trade secrets including confidential information regarding the development processes. The Company has protected these rights in accordance with legal regulations such as the Berne Convention, World Intellectual Property Organisation (WIPO) agreements and the Turkish Law No. 5846 on Intellectual and Artistic Works.
3.2. Rights of the User: The User does not acquire any ownership rights in the Software and receives only a limited use licence as defined by this Agreement. This licence does not transfer to the User any ownership, control or intellectual property rights in the Software; the User expressly acknowledges that the Software belongs to the Company and that the User is merely a licensed user. The User may not represent or claim ownership of any part of the Software as its own work.
3.3. Third Party Content: The Software may contain material licensed from third parties, including licensed music tracks, graphic libraries, fonts or other digital assets. Use of such content is subject to the licence agreements of the relevant third party and the User is obliged to comply with such agreements. The Company cannot be held liable for any infringement or dispute arising from third party content.
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3. Data Usage Purposes:
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4. ACCOUNT MANAGEMENT
4.1. Platform Account Integration: Currently, players access the game using their Steam account. No independent registration process is required through the Company at this time. In the future, the game may become available on additional platforms (e.g., mobile or other PC storefronts) that utilize their own third-party account systems. Should an independent registration process be introduced by the Company on any platform, users will be required to provide accurate and up-to-date information and will receive clear instructions for account creation.
4.2. Account Security and Platform Responsibilities: User accounts are managed by third-party providers (e.g., Steam or other applicable platforms). The Company does not have direct control over or access to users’ private account details (such as email addresses) maintained by these providers, though it may access users’ Steam IDs and other publicly available or user-authorized information shared via Steam (such as profile pictures, friend lists, or other relevant data) for purposes related to game management (e.g., monitoring, restrictions, support, or enhancing user experience). Users are responsible for securing their accounts in accordance with the terms and conditions of the respective platforms. The Company is not liable for any losses or issues arising from breaches or mismanagement of accounts on these platforms.
4.3. Game Access and Feature Restrictions: The Company reserves the right to restrict access to specific game features (e.g., multiplayer functionalities or trading capabilities) if a user engages in suspicious or illegal activities, violates game rules, or breaches platform policies. Remedial actions include those permitted by third-party platforms, such as initiating a Valve Anti-Cheat (VAC) ban via Steam or equivalent measures on other platforms. Such restrictions typically prevent access to online features but do not block users from launching or playing the game offline, nor do they impact the user’s broader use of the platform. The scope and duration of restrictions are determined by the Company, though only permanent restrictions will be visible on the user’s platform profile, per platform policies.
4.4. Notices and Communication: Notifications regarding feature restrictions or bans will be delivered through in-game notifications or the respective platform’s notification system (e.g., Steam notifications). The Company does not have the ability to contact users directly via email or other means due to limited access to user account details. Users are encouraged to monitor platform-specific communication channels for updates regarding their account status.
4.5. Parental Controls: Users under 18 years of age may access the game only with the consent of a parent or legal guardian, in compliance with applicable laws and the policies of the respective platforms.
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● Service Provision: To provide, improve, and personalize our services, handle transactions, solve technical problems, and provide customer support.
● Security and Compliance: To manage player behavior, maintain the security of our services, and prevent fraud or cheating.
● Analytics and Marketing: For analytics and advertising purposes, including targeted marketing based on your consent.
● Legal Compliance: To comply with legal obligations or protect vital interests in accordance with applicable law, including the KVKK, GDPR, and PIPEDA.
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5. USER CONTENT
5.1. Content Creation and Sharing: The user can create and share content with the tools provided by the software. Shared content may be stored on the Company's servers and made accessible to other users. The user accepts all responsibility arising from these shares.
5.2. Licence Granted to the Company: The User grants the Company a worldwide, royalty-free, perpetual and non-exclusive licence for all content created by the User. This licence includes the Company's right to use the user content for the development and promotion of the software and for other commercial purposes.
5.3. Content Responsibility: The User guarantees that the content shared by the User complies with the law, does not violate the intellectual property rights of third parties and is not obscene, violent or discriminatory. All legal and financial responsibility arising from content that does not comply with these conditions belongs to the User.
5.4. Content Moderation: The Company is not obliged to monitor user content, but has the right to remove, edit or block access to any content at its discretion. The User may be notified about the removed content; The User has the right to object to the removal of the content.
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4. Legal Basis
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6. RULES OF BEHAVIOUR AND COMMUNITY STANDARDS
6.1. General Standards of Conduct: The User must behave respectfully, fairly, and ethically towards other users and the Company when using the Software and its multiplayer environments. This includes, but is not limited to:
● Demonstrating respectful and fair behaviour in all interactions, refraining from harassment, threats, or insults directed at other users (e.g., personal attacks or disruptions in public chats);
● Avoiding discrimination or hate speech based on race, gender, religion, ethnicity, sexual orientation, or other personal characteristics (e.g., denigrating a player’s nationality);
● Refraining from using cheat tools, unauthorised software, or manipulative methods that destabilise the game or provide an unfair advantage (e.g., aimbots, wallhacks, or automated farming tools);
● Not engaging in malicious actions that may damage the Company’s servers, interrupt the Services, or prevent other users from accessing them (e.g., sending spam messages to overload servers);
● Avoiding behaviour contrary to the spirit of fair play, such as sabotaging teammates or abusing game mechanics.
● The User acknowledges that failure to comply with these standards may adversely affect the experience of other players and may result in sanctions by the Company.
6.2. Complaint and Reporting Process: The User may report violations through the Steam Community Centre Discussions page or, where available, via in-game reporting tools. Reports should include the type of violation (e.g., harassment, cheating), date, time, and any supporting evidence (e.g., screenshots, video recordings). The Company will review reported violations within 7 business days and take appropriate action at its discretion. Notifications regarding outcomes will be communicated via Steam’s notification system or in-game channels, as the Company does not have access to users’ email addresses. Users are encouraged not to abuse the reporting process; unfounded or malicious complaints may lead to restrictions on their account.
6.3. Sanctions and Enforcement: The Company reserves the right to impose sanctions on users who violate these rules, including but not limited to:
● First Infringement: For violations detected by the Steam Valve Anti-Cheat (VAC) system or flagged by the Company for a manual VAC ban request, the User may be subject to an immediate restriction (e.g., a ban from multiplayer features or trading capabilities), as determined by the VAC system or the Company’s discretion. Notifications will be delivered via Steam’s notification system, with no separate warning or rectification period provided.
● Repeated or Serious Violations: The Company may request an extended restriction through Steam, limiting access to specific game features (e.g., multiplayer or trading) for a period typically ranging from 7 to 30 days, subject to Steam’s policies and technical capabilities. Offline access to the game will not be affected.
● Particularly Serious Violations: For severe breaches—such as systematic cheating, posting illegal content, or making physical threats against other users—the Company may request a permanent VAC ban via Steam. If approved, this will result in a permanent loss of access to online features. Complete account closure or prevention of new account creation is managed solely by Steam and is beyond the Company’s control.
● Non-Automated Violations: For violations outside Steam’s automated systems (e.g., in Steam Discussions), the Company may issue a public warning at its discretion, though consistent enforcement in such cases is not guaranteed.
Sanctions are reviewed and applied by the Company’s community moderators at their sole discretion, and decisions are considered final, subject to the appeal process outlined below.
6.4. Appeal Process: The User may appeal a sanction by submitting a request within 14 days of receiving notification via Steam or in-game channels. Appeals must be lodged through the Steam Community Centre Discussions page or, if available, an in-game appeal mechanism, and should include a statement claiming the sanction was applied in error or that evidence is insufficient, along with any supporting documentation. The Company will review the appeal within 14 business days and communicate the outcome via Steam’s notification system or in-game channels. This decision is final and not open to further appeal.
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Your personal data is processed based on the following legal grounds:
● GDPR: Article 6(1)(a) (explicit consent), Article 6(1)(b) (performance of a contract), and Article 6(1)(c) (compliance with legal obligations),
● KVKK: Article 5/2,
● PIPEDA: Provisions related to consent and compliance.
The processing is carried out on the legal basis that it is clearly stipulated in the laws, necessary for the performance of a contract, required to fulfill legal obligations, or based on the explicit consent of the data subject.
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5. Third-Party Data Sharing
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7. ONLINE SERVICES AND CONNECTIONS
7.1. Access Conditions and Requirements : In order to access the multiplayer modes, leaderboards, in-game chat systems and other online features of the Software, the User must have a stable and sufficient speed internet connection. The User is responsible for providing the necessary internet connection to access the online services and the Company is not responsible for any performance problems that may arise due to connection interruptions, low bandwidth or network latency.
Single player game mode does not require an internet connection. The User is responsible for ensuring that the Software runs on compatible hardware.
7.2. Modification or Termination of Services: The Company has the right to modify, suspend or completely terminate online services at its sole discretion. This authorisation includes temporary interruptions for server maintenance, long-term changes for the addition or removal of new game features, and complete shutdown of services for economic or technical reasons. Whenever possible, the Company will notify users of such changes at least 14 days in advance via www.nightbytegames.com and the Steam page, but may take action without notice in emergency situations (e.g., security threats). In the event of termination of the services, the user cannot claim a refund of the fees paid, but reserves his legal rights.
7.3. Third Party Services and Links: The Software may contain links to third party services such as Stripe, PayPal or local banking systems for payment processing; additional third party services such as social media integrations or advertising partnerships may also be used. Use of these services is subject to the respective third party's own terms of use, privacy policies and transaction fees; the user interacts with these services by accepting these terms. The Company is not responsible for the reliability, availability, content or security of third-party services; for example, in the event of a technical failure of a payment gateway or a data breach, the Company assumes no legal or financial liability. The User uses these services at his own risk and releases the Company from any disputes that may arise with third parties.
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We share your personal data with trusted third parties, ensuring full compliance with applicable law, including the KVKK, GDPR, and PIPEDA. The data shared depends on the services we provide and the region in which you reside.
● Service Providers: These include payment processors, cloud storage services, analytics providers, and customer support platforms. These service providers process data on our behalf and are contractually obligated to protect the confidentiality and security of your information.
● Marketing Partners: We may share non-personally identifiable data with advertising platforms (such as Google Ads, Facebook Ads) to deliver targeted advertisements based on your behavior and preferences. These third parties help us analyze the effectiveness of marketing campaigns and understand user interaction with our services.
● Game Developers and Publishers: We may share data with game developers or publishers with whom we have partnered to provide the services to you, and to provide certain features, such as cross-platform gameplay.
● Legal and Regulatory Disclosures: We may disclose your personal data to governmental authorities or regulatory bodies in response to lawful requests, such as subpoenas or court orders, and in compliance with local laws.
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6. International Data Transfers
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8. PAYMENT AND PURCHASES
8.1. Payment Methods and Transaction Process: The User may use credit card (Visa, Mastercard), debit card, mobile payment and other regionally supported payment methods to purchase digital products within the Software. Payments are carried out securely with TLS/SSL encryption technology. The user must provide correct billing information and confirm the transaction; otherwise, the Company may cancel the transaction. The Company is not responsible for additional transaction fees imposed by banks or payment providers or for failed payment attempts.
8.2. Pricing and Taxes: Prices for digital products are displayed on the sales platforms and listed in US dollars. Prices do not include applicable sales taxes in the User's country, which are calculated and charged to the User at checkout. The Company reserves the right to change prices; however, these changes do not affect existing purchases or ongoing subscriptions. The User is responsible for the total amount shown at checkout.
8.3. Return and Cancellation Policy:
a) As a general rule, digital products cannot be returned or cancelled once the purchase has been completed and delivered to the User. However, if the User purchased the game through the Steam platform, the User may be entitled to a refund under the conditions set forth in Steam's applicable return policies. Steam's return policies can be reviewed on the Steam Support Page.
For purchases made from PlayStation Store and other platforms, the return policies of the platform provider apply and returns may not be possible on these platforms. The user is obliged to check the return conditions of the relevant platform before the purchase.
b) For physical products, the right of return is recognised provided that the product is unused, in its original packaging and in a resalable condition within 14 days from the date of delivery; the User must send the return request to the e-mail address [email protected].
c) Refund requests are processed through Steam in accordance with Steam’s refund policies. Users may request refunds directly via Steam’s platform without needing to contact the Company. The evaluation and processing times, as well as the method of repayment, are determined by Steam, and any applicable conditions (e.g., shipping costs, if relevant) are subject to Steam’s terms. The Company does not independently manage or evaluate refund requests.
d) Within the scope of legal obligations, the User may have additional rights; in this case, the Company shall act in accordance with local laws and inform the User.
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We operate globally, and your data may be transferred to and processed in countries outside of your jurisdiction. When data is transferred internationally, we ensure it is adequately protected in compliance with KVKK, GDPR, and PIPEDA. We rely on the following safeguards to protect data during international transfers:
● Standard Contractual Clauses (SCCs): We implement SCCs for data transfers outside the European Economic Area (EEA) to ensure that your data remains protected.
● Adequacy Decisions: If data is transferred to countries that have been recognized as providing an adequate level of data protection by relevant authorities (e.g., the European Commission), we transfer data in compliance with those adequacy decisions.
● Other Safeguards: Where SCCs or adequacy decisions are not applicable, we implement other appropriate safeguards to ensure that your data is protected.
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7. Cookies and Tracking Technologies
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9. UPDATES AND CHANGES
9.1. Software Updates: The Company may update the Software to improve it, fix bugs or add new features. Updates are applied automatically and the User agrees to install such updates; refusal may prevent access to some features of the Software. The Company cannot be held responsible for temporary interruptions that may occur during updates.
9.2. Contract Amendments: The Company has the right to change the EULA from time to time. Amendments are published on the official website of the Company and/or on a notification screen within the Software. By continuing to use the Software after the changes come into force, the User is deemed to have accepted these changes; the User who does not accept them may stop using the Software and has the right to close his/her Account.
9.3. Refusal and its consequences: If the User does not accept the changes to the Agreement, the User must stop using the Software as of the date the changes enter into force. In this case, the Company will terminate the User's licence and access to the Account will be terminated; the User cannot claim compensation or refund from the Company due to such termination.
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We and our third-party partners use cookies and similar technologies in accordance with KVKK, GDPR, and the e-Privacy Directive to enhance your experience, analyze trends, and gather demographic information.
Types of Cookies Used:
● Essential Cookies: These cookies are necessary for the basic operation of our services, such as keeping you logged in or remembering items in your cart.
● Performance and Analytics Cookies: These cookies help us understand how users interact with our services, improve performance, and gather usage statistics.
● Managing Cookies: You can manage cookies by adjusting your browser settings to limit or disable them. However, please note that disabling cookies may affect the functionality of our services.
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8. User Rights
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10. SUPPORT AND MAINTENANCE
10.1. Limitations and Conditions: The Company does not undertake to correct all errors of the Software or to provide individual support to each user. Technical support is provided at the Company's discretion and applies only to the current version of the Software; older versions are excluded from support. The Company is not responsible for problems caused by hardware incompatibilities, user errors or third party software.
10.2. Right to Terminate Support: The Company reserves the right to terminate technical support for the Software at any time, which may occur, for example, at the end of the commercial life of the game or the release of a new version. The decision to terminate support is communicated at least 30 days in advance via www.nightbytegames.com, which includes the date of termination and the measures that Users must take. After the end of support, the Company does not accept new support requests.
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As a user, you have several rights related to your personal data under KVKK, GDPR, PIPEDA, CCPA, and other applicable laws. These rights include:
● Access: Request a copy of the personal data we hold about you.
● Correction: Request that we correct any inaccuracies or incomplete data.
● Deletion: Request the deletion of your personal data under certain circumstances ("right to be forgotten").
● Restriction of Processing: Request that we limit the processing of your data under specific conditions.
● Data Portability: Request a structured, machine-readable copy of your data and transfer it to another service provider.
● Withdraw Consent: Withdraw consent for data processing at any time where consent is the legal basis for processing.
● Opt-out of Marketing: Opt-out of receiving marketing communications or personalized advertisements.
To exercise any of these rights, please contact us at [email protected]
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9. Security and Data Retention
We implement appropriate security measures, including encryption and access control, to protect your personal data from unauthorized access, alteration, or misuse. We retain your data only for as long as necessary to fulfill the purposes outlined in this policy or to comply with legal obligations. Once your data is no longer needed, it is securely deleted or anonymized.
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10. Child Privacy
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11. TERMINATION
11.1. Termination Terms: This licence may be unilaterally and immediately terminated by the Company in the following circumstances:
a) User's breach of any provision of this Agreement; this includes the use of cheating, abusive behaviour or intellectual property infringements.
b) the Company terminates official support for the Software or Services; this may be for reasons such as the game is no longer profitable or has become technologically unsustainable.
c) The User ceases using the Software or voluntarily discontinues their engagement with the game through their Steam account. As the game currently utilizes Steam accounts for access, no independent account closure process is managed by the Company; users may manage their game access or ownership status directly via Steam’s platform in accordance with Steam’s terms and policies. Should the Company introduce an independent account system in the future, a specific process for voluntary account closure will be communicated to users at that time.
When the Company exercises its right to restrict access to the game or its features (e.g., through a VAC ban request), notification will be provided via Steam’s notification system, subject to Steam’s policies. For serious violations, such restrictions may be applied immediately without prior notice, as determined by the Company and executed through Steam’s mechanisms.
11.2. Termination Process and Obligations: In the event of licence termination, the User must uninstall the Software from all of his/her devices and stop using the Services, which includes deleting the Software's files and stopping any attempts to access online servers. The Company carries out termination through suspension or complete closure of the Account, during which the User's game progress, settings and other data may be deleted. After termination, the User loses the right to reinstall the Software or access the Services.
11.3. Consequences and Rights: Termination of the licence does not automatically entail a refund of the fees paid by the User; refund requests will only be considered in accordance with the conditions set out in Article 8. The Company is under no obligation to compensate the User or restore lost data due to termination; however, the User may exercise his/her legal rights (e.g., consumer protection laws). The User must refrain from any unauthorised use of the Company's brands or content after termination; otherwise, he/she may face legal sanctions.
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We comply with applicable regulations, including KVKK, GDPR, COPPA, and PIPEDA, when collecting personal data from children. Depending on the region, specific age-related consent requirements apply:
● Parental Consent: We require verifiable parental consent regarding Steam’s policy before collecting data from children under the applicable age threshold.
● Parental Rights: Parents can review, delete, or withdraw consent for the further collection of their child’s personal data.
● Data Minimization: We only collect the data necessary to provide services to children, ensuring data protection by design and default.
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11. Voice and Text Data Collection
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12. WARRANTY AND LIMITATIONS OF LIABILITY
12.1. Disclaimer of Warranty: The Company provides the Software and Services on an "as is" and "as available" basis, which means that no express or implied warranties are given as to the Software's accuracy, reliability, uninterrupted operation or fitness for a particular purpose. The Company does not warrant that the Software will meet the expectations of all users, will run smoothly on all types of hardware, or will be free of any errors. The User uses the Software at his/her own risk and must verify compliance with the specifications provided by the Company.
12.2. Limitation of Liability: The Company shall not be liable for loss of data (e.g., deletion of game progress), financial loss, loss of profits, business interruption, indirect or incidental damages arising from the use of the Software or Services. The Company shall not be liable for any unauthorized access to or disclosure of User data, including but not limited to IP addresses, usernames, hardware specifications, or any other personal or technical information, whether caused by third-party software, security vulnerabilities, or user actions within in-game communication features. The Company's total liability is limited to the amount paid by the User for the Software or Services or USD 100 (whichever is lower); this limitation applies in all cases except for the Company's negligence or intentional acts. The Company is not liable for damages caused by the actions of third parties (e.g., internet service providers, third-party software providers) or force majeure, such as natural disasters. Furthermore, the Company shall not be held responsible if User information is momentarily displayed due to technical issues, third-party integrations, or in-game functionalities.
12.3. Legal Limitations and Exclusions: These disclaimers of warranties and limitations of liability apply to the fullest extent permitted by applicable law; in some jurisdictions (e.g., EU countries), Users may be afforded additional consumer rights, and such rights may not be restricted by this Agreement. The User may contact the Company to exercise the rights provided by such local laws; the Company will consider such requests in accordance with the law. The Company cannot escape legal liability in case of wilful bad faith or gross negligence; this exception covers situations that directly affect user safety.
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For services with voice or text chat functionality, we may collect and review communication data to enforce community guidelines, prevent harassment, and detect cheating. This data is securely stored and only reviewed when necessary, such as when a user reports misconduct. Once no longer required, the data is deleted.
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12. Changes to this Policy
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13. DATA CONFIDENTIALITY
13.1. Data Collection and Use: The Company may collect personal data from the User for the purpose of providing the Software and Services, which may include full name, e-mail address, IP address, device ID, in-game activities (e.g. playing time, achievements) and payment information. This data is collected, processed and stored in accordance with the Company's Privacy Policy published at www.nightbytegames.com; by reading this policy, the User agrees to the data processing processes.
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We may update this privacy policy periodically to reflect changes in our practices or legal requirements. When significant changes are made, we will notify you via email or through in-app notifications. We encourage you to review this policy regularly.
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13. Contact Us
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14. SYSTEM REQUIREMENTS
14.1. User Responsibility: User is responsible for providing the hardware, software and internet connection necessary to run the Software. Minimum and recommended system requirements are listed at www.ithasmyface.com and Steam ; the User should verify that their device meets these requirements. The Company is not responsible for any performance issues that may occur due to failure to meet these requirements.
14.2. Compatibility and Support: The Company optimises the Software for specific hardware and software configurations; however, compatibility with all systems is not guaranteed. The User accepts incompatibilities caused by outdated hardware, unsupported operating systems or third-party software at his own risk. The Company is under no obligation to provide technical support in these cases; the User must resolve the problem by updating their device.
14.3. Change Notification: The Company may change system requirements due to updates or new features and will announce these changes on www.ithasmyface.com and Steam ; the User is obliged to adapt to these changes.
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If you have any questions or wish to exercise your rights, please contact us at:
NIGHTBYTE GAMES YAZILIM VE TEKNOLOJİ A.Ş.
[email protected]
Müeyyetzade Mah. Kemeraltı Cad. BAU No: 24 İç Kapı No: 3 Beyoğlu / İstanbul
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Additional Information for Canadian Users
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15. AGE LIMIT
15.1. Age Restriction: The Software is intended for Users 18 years of age and older, which reflects the fact that the content of the game is intended for an adult audience. The Company determines the age restriction taking into account international rating systems and publishes this information on www.ithasmyface.com and Steam. The User is obliged to truthfully declare his compliance with the age limit. Restrictions of age may be imposed to access online services and features in compliance with local laws.
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If you are a resident of Canada, your personal data is processed in accordance with PIPEDA. In addition to the general rights outlined, Canadian users have the following rights:
● Access: You have the right to request access to your personal data at any time. You can also request to know how we have collected and used your information.
● Correction: If the information we hold about you is inaccurate, you can request to have it corrected.
● Withdrawal of Consent: You may withdraw your consent at any time, subject to legal or contractual restrictions.
● Data Security: We follow PIPEDA guidelines to ensure your personal data is kept secure, including encryption and secure storage.
For Canadian users, any complaints regarding data protection can be directed to the Office of the Privacy Commissioner of Canada (OPC).
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Additional Information for Californian Users
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16. CURRENT LAW
16.1. Basic Law: This Agreement is governed by and construed in accordance with the laws of the Republic of Turkey, which includes the Turkish Code of Obligations, the Turkish Commercial Code and other relevant regulations. The Company, as a legal entity registered in Turkey, fulfils its rights and obligations under these laws. The User agrees to the application of these laws and the interpretation of the Agreement shall be governed by Turkish law.
16.2. Local Laws and Compliance: Mandatory consumer protection laws in the User's country of residence may affect the enforceability of this Agreement; for example, the Consumer Rights Directive in the EU or state-based consumer laws in the US may provide additional rights. The Company makes the necessary arrangements to comply with these local laws and informs the User about these rights; the User may contact the Company to exercise his local rights. In the event of any conflict, the mandatory provisions of local laws take precedence.
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As a resident of California, you are entitled to specific rights under the California Consumer Privacy Act (CCPA):
● Right to Know: You can request detailed information regarding the categories and specific pieces of personal data we collect about you, the sources from which we collect it, the purposes for collecting it, and the third parties with whom we share it.
● Right to Delete: You may request that we delete your personal data, subject to exceptions (such as legal requirements or ongoing service provisioning).
● Right to Opt-Out of Data Sales: Under the CCPA, you have the right to opt-out of the sale of your personal data. While we do not sell personal data, you can exercise this right to prevent data sharing with third parties for targeted advertising purposes.
To submit a CCPA request, please contact us using the details in the Contact Us section.
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Additional Information for EU Users
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17. DISPUTE RESOLUTION
17.1. Amicable Resolution Process: The parties undertake to first seek an amicable resolution of any dispute arising out of this Agreement. The User notifies Company in writing of the subject matter of the dispute (e.g. Account closure, payment dispute) at [email protected] and Steam; this notification includes details of the problem and the proposed solution. The Company will respond within 30 days of receipt of the notification and the parties will endeavour to reach a negotiated settlement during this period, which may be supplemented by telephone calls or email correspondence.
17.2. Jurisdiction: If amicable settlement cannot be reached, disputes will be resolved in the competent courts in the Republic of Turkey, which are the courts in the province where the Company's headquarters are located (e.g., Istanbul). The User agrees to this jurisdiction and waives the right to file a lawsuit in another jurisdiction; however, mandatory consumer rights in the User's country of residence may affect this jurisdiction. The Company does not cover court costs, but may claim these costs if a legal judgement requires it.
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If you are an EU resident, your personal data is processed in accordance with the General Data Protection Regulation (GDPR). As an EU user, you have enhanced rights under GDPR, including:
● Right to Access: You have the right to request access to the personal data we hold about you, along with details about how we process it.
● Right to Rectification: You can request the correction of inaccurate or incomplete data.
● Right to Erasure: Also known as the "right to be forgotten," you can request that we delete your data when it is no longer needed, or when you withdraw consent.
● Right to Restriction: You can ask us to limit the processing of your personal data in specific circumstances.
● Right to Data Portability: You can request a copy of your data in a structured, machine-readable format and transfer it to another service provider.
● Right to Object: You can object to the processing of your personal data for certain purposes, such as direct marketing or profiling.
● Right to Lodge a Complaint: If you believe your data rights have been violated, you have the right to lodge a complaint with your local Data Protection Authority (DPA).
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18. OTHER MATTERS
18.1. Severability: The invalidity, unenforceability or illegality of any provision of this Agreement shall not affect the validity or enforceability of any other provision. The invalid provision shall be construed, as far as possible, in a manner consistent with the purpose of the Agreement and shall be replaced by a valid provision, which shall be done by the Company without the mutual consent of the parties. For example, if a court cancels a clause, the remaining clauses remain in full force and effect.
18.2. Non-Waiver of Rights: The Company's failure or delayed exercise of any right or power under this Agreement does not constitute a waiver of that right or power. For example, if the Company does not penalise a breach immediately, it retains the right to sanction it later; this reflects the Company's policy of flexibility and good faith. The User may not interpret such delay as a waiver of the Company's rights.
18.3. Full Agreement: This Agreement is the complete and final agreement governing the relationship between the Company and the User; all prior written or oral understandings, negotiations or commitments between the parties are superseded by this Agreement. The User cannot claim any rights based on any oral or written statement other than this Agreement; the Company is bound only by the obligations set forth in this text.
18.4. Language and Translation: The official language of this Agreement is Turkish and all interpretations are made according to the Turkish text. The Company may translate the Agreement into other languages (e.g., English, French) for the convenience of Users; however, these translations are for informational purposes only and are not legally binding. In the event of any conflict between the Turkish text and the translations, the Turkish text shall prevail and be deemed binding.
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We take the necessary steps to ensure that your data is processed securely and in full compliance with GDPR. For any questions or to exercise your rights, please contact us through [email protected].
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19. ACCEPTANCE AND EFFECTIVENESS
19.1. Form of Acceptance: By installing, using the Software, accessing the Services or creating an Account, the User unconditionally accepts all terms and conditions of this Agreement. This acceptance does not require a physical signature; the User's first interaction with the Software (e.g. clicking the "Accept" button or starting a game) is considered a legally binding consent. The User acknowledges that accepting this Agreement without reading it is at his/her own risk.
19.2. Effective Date: This Agreement enters into force on the date of the User's first use of the Software or at the moment of creating an Account, which is determined as the time of the first logged-in session recorded on the Company's servers. The Agreement remains in force until the termination conditions set forth in Article 11 are fulfilled; the User has no unilateral right to extend or shorten this period.
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NightByte Games
Müeyyedzade, BAU Bahçeşehir University, Kemeraltı Caddesi, No: 24/3, 34425 Beyoğlu,Istanbul, Turkey
[email protected]
www.nightbytegames.com

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