01Who we are and what these terms cover
These terms apply between you and MercanWorks OÜ, registry code 17413775, Paavli tn 5a/1, 10412 Tallinn, Estonia (“MercanWorks”, “we”). You can reach us at info@mercanworks.com or by telephone on +372 553 6572.
They form the agreement between you and us for the use of the website mercanworks.dev and of the games that we publish for mobile devices. If you do not agree with them, please do not install or use the games.
The app store from which you obtain a game has its own terms for downloads and payments, which apply in addition to these terms. Our consulting services, presented on mercanworks.com, are subject to separate agreements.
02The website
The website provides information about our studio and our games. It has no accounts, no shop and no downloads of game builds. You may view it, link to it and quote from it with a reference to the source.
Our games are in development. Descriptions of features, platforms and plans on the website are not a binding offer, and we do not promise a release date, a price or a particular feature before a game is actually released.
The press kit may be used for editorial coverage of MercanWorks and its games, with credit. Please do not disrupt the operation of the website, attempt to gain unauthorised access to it or copy its content for commercial use without our permission.
03Licence to play
The games are licensed, not sold. For as long as you comply with these terms, we grant you a personal, non-exclusive and non-transferable licence to install the games on devices that you own or control and to play them for private, non-commercial purposes, within the usage rules of the app store.
All rights that are not expressly granted remain with us. Rights that the law gives to the lawful user of software and that cannot be excluded by contract, such as making a backup copy or the acts needed to achieve interoperability, are not affected.
04Fair use
You agree not to:
- copy, distribute, sell, rent or make a game or parts of it publicly available, unless the law allows it
- modify, decompile or reverse-engineer a game, except to the extent that the law expressly permits
- bypass technical protections or interfere with a game’s age question, advertising or purchase functions
- manipulate a game, its advertising rewards or its purchase functions, for example by automated means or by exploiting errors
- use a game for unlawful purposes
If you seriously or repeatedly breach these rules, we may end your licence. Where reasonable, we will first tell you what the problem is and give you the opportunity to stop.
05Age and consent of parents
If you are under 18, or under the age of majority in your country, you may use the games only with the consent of a parent or guardian, who accepts these terms on your behalf. Parents and guardians are responsible for supervising their children’s use of the games, including the viewing of advertisements and any purchases. The app stores offer parental controls for downloads and purchases.
The age rating shown in the app store indicates the age group for which the content of a game is suitable.
06Progress and virtual items
The games contain virtual items such as coins, lives, hints and boosters. Virtual items are part of the game. You receive a licence to use them within the game in accordance with these terms; you do not acquire ownership of them. They have no monetary value outside the game, cannot be exchanged for money, goods or services, and cannot be transferred or sold to others.
Your progress and your virtual items are stored only on your device. If you uninstall a game, clear its data or change your device, they may be lost. Because we keep no copy, we cannot restore them. Statutory rights relating to content that you have paid for remain unaffected.
07Advertising
Some games are financed by advertising. In Queue Party you can choose to watch a video advertisement in return for a reward in the game. Before you decide, the game tells you which reward you will receive. Declining an advertisement does not prevent you from playing.
Advertisements are provided by third parties. We do not control their content, and their appearance in a game is not a recommendation by us. We cannot guarantee that an advertisement is available at any given time. How advertising handles data is explained in the privacy policy of the game.
08Purchases
At present, neither the website nor our games sell anything for real money. If a game offers purchases in future, they will be made through the app store from which you obtained the game and paid for with the store’s payment system. The price including taxes will be shown before you confirm a purchase.
Your rights, including the right of withdrawal and the ways to obtain a refund, are explained on our purchases, withdrawal and refunds page.
09Updates, changes and availability
We may update the games to correct errors, to improve security and compatibility, and to add, change or remove content. An update may be necessary for a game to keep working.
The games are provided free of charge, and we may change or discontinue a game or a feature. Where a change significantly reduces what you can do with a game, we will announce it in advance where this is reasonably possible, for example in the app store or in the game.
Where the statutory rules on contracts for digital content apply, in particular to content that you have paid for, we keep the content in conformity with the contract and supply the updates needed for this. We change it beyond that only for a valid reason, namely to adapt it to new technical environments or app store requirements, to protect security, to comply with the law or to keep the game balanced, and without additional cost to you. We inform you clearly and in good time of such a change. If it impairs your access to or use of the content more than insignificantly, you may terminate the contract free of charge within 30 days of our notice or of the change, whichever is later, and receive a proportionate refund.
10Intellectual property
The games, this website and their content, including names, logos, graphics, texts, sounds and software, are protected by copyright, trade mark and other laws. They belong to MercanWorks or to its licensors. Apart from the licence in these terms and the permission for the press kit, you receive no rights in them.
Google Play and Android are trademarks of Google LLC. App Store is a trademark of Apple Inc. Other names may be trademarks of their respective owners.
11Our liability
We are liable without limitation for damage that we cause intentionally or through gross negligence, for injury to life, body or health, and wherever the law does not allow liability to be limited, for example under product liability law.
In cases of slight negligence we are liable only if we breach an obligation that is essential to the contract, meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on which you may regularly rely. In that case our liability is limited to the damage that is typical for this kind of contract and was foreseeable when it was concluded.
The games and the website are provided free of charge and without a promise that they will be available without interruption or free of errors. Your statutory rights as a consumer, in particular those concerning digital content that you have paid for, are not limited by this section.
12Ending the agreement
You may stop using a game at any time by uninstalling it. We may end the licence if you seriously breach these terms. When the licence ends, you must stop using the game. Provisions that by their nature are meant to continue, such as those on intellectual property and liability, remain in force.
13Complaints and dispute resolution
If you are dissatisfied, please write to info@mercanworks.com first. We confirm receipt of a written complaint and reply in the same form within 15 days. If we need more time, we tell you why and name a new reasonable deadline. If we do not accept a claim, or accept it only in part, we give our reasons in writing.
If we cannot resolve a complaint, consumers may turn to the Consumer Disputes Committee (Tarbijavaidluste komisjon), Endla 10A, 10122 Tallinn, Estonia, avaldus@komisjon.ee, +372 620 1707, ttja.ee/en/consumer-disputes-committee. The procedure is free of charge for consumers. Its rules are set out in Chapter 6 of the Estonian Consumer Protection Act and on the committee’s website. Applications are submitted in Estonian, and the committee may decline disputes with a value of less than 30 euros. We take part in proceedings before this committee. We are neither obliged nor willing to take part in dispute resolution proceedings before other consumer arbitration bodies.
Consumers living in another EU country can also obtain help from the European Consumer Centres Network. Consumers in Türkiye may apply to the consumer arbitration committee (tüketici hakem heyeti) or to the consumer court, depending on the value of the dispute. If we reject a complaint, we send you this information again in writing.
14Applicable law and courts
These terms are governed by Estonian law. If you are a consumer, you also keep the protection of the mandatory provisions of the law of the country in which you habitually live.
If you are a consumer, you may bring proceedings against us before the courts of the country in which you live or before the Estonian courts, and we may bring proceedings against you only before the courts of the country in which you live. For users who are not consumers, Harju County Court (Harju Maakohus) in Tallinn has jurisdiction.
15Changes to these terms
We amend these terms only for a valid reason: a change in the law or in the practice of courts and authorities, new or changed functions of the games, new requirements of the app stores, or the correction of errors and unclear wording. A change must not shift the balance of the agreement to your disadvantage.
The current version is always published on this page with its date. We announce a change that affects your rights or obligations at least 30 days before it takes effect, on this page and where possible in the game. If you object by writing to us before that date, the previous version continues to apply to you; in that case either side may end the licence. Changes never affect purchases that you have already made.
16App stores
Your use of an app store is governed by the terms of its operator, for example the Google Play Terms of Service. If you obtain a game from the Apple App Store, Apple’s Licensed Application End User License Agreement governs the licence for the game, and these terms apply in addition as far as they do not conflict with it. Apple is not a party to these terms and is not responsible for the game, its content, its maintenance or its support.
17Final provisions
If a provision of these terms is or becomes invalid, the remaining provisions stay in force. We may transfer our rights and obligations under these terms to a company that takes over the operation of a game, provided that this does not reduce your rights.
These terms are available in English, Turkish and German. If the versions differ, the wording that is more favourable to the consumer applies to consumers; for users who are not consumers the English version prevails.