Terms of Service

1. Acceptance of These Terms

By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Site.

We may update these Terms from time to time as described in the "Changes to These Terms" section below. Your continued use of the Site after any update constitutes your acceptance of the revised Terms.

You represent that you have the legal capacity to enter into a binding agreement under the laws applicable to you and, where required, that you have obtained any necessary consent to use the Site.

2. Who May Use the Site

The Site is a corporate marketing and information resource intended for prospective users, business partners, members of the press and job candidates. It is offered for informational purposes and to allow you to contact us.

You may use the Site only if you are able to form a legally binding contract with Ercan Technology and only in compliance with these Terms and all applicable laws and regulations. The Site is not directed to children, and we do not knowingly collect information from children through the Site.

If you use the Site on behalf of an organization, you represent that you are authorized to accept these Terms on that organization's behalf.

3. Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and view the Site and its content for your personal, internal or business informational purposes.

This license does not include any right to resell, commercially exploit, copy, reproduce, distribute, modify, create derivative works from, publicly display or otherwise use any part of the Site or its content beyond the limited viewing permitted above, except as expressly authorized by us in writing or as permitted by mandatory applicable law.

4. Prohibited and Acceptable Use

You agree not to use the Site in any manner that is unlawful, harmful or otherwise prohibited by these Terms. Without limiting the foregoing, you agree that you will not, and will not attempt to or permit any third party to:

• Use the Site for any unlawful, fraudulent, deceptive or malicious purpose, or in violation of any applicable law or regulation;
• Scrape, crawl, harvest, data-mine, index or otherwise systematically extract data or content from the Site by automated or manual means, except for legitimate search-engine indexing that respects our robots.txt directives;
• Interfere with, disrupt, overload, impair or attempt to gain unauthorized access to the Site, its servers, networks or any systems or accounts connected to it, including through denial-of-service attacks, the introduction of malware, or circumvention of any security or access-control measure;
• Probe, scan or test the vulnerability of the Site or breach any security or authentication measures (responsible security disclosures may be submitted as described in our security.txt);
• Infringe, misappropriate or violate the intellectual property, privacy, publicity or other rights of Ercan Technology or any third party;
• Copy, frame, mirror, reproduce, republish, distribute or create derivative works of the Site or its content except as expressly permitted by these Terms;
• Remove, obscure or alter any copyright, trademark or other proprietary notices on the Site;
• Use the Site to transmit any unsolicited or unauthorized advertising, spam or other solicitation, or to upload or transmit content that is defamatory, obscene, harassing, hateful or otherwise objectionable;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use any robot, spider, bot, scraper or other automated means to access the Site for any purpose without our express written permission, other than as stated above for search-engine indexing.

We reserve the right, but assume no obligation, to investigate any suspected violation of these Terms and to restrict, suspend or terminate access to the Site for any user who, in our reasonable judgment, violates these Terms or applicable law.

5. Intellectual Property and Trademarks

The Site and all of its content, including text, graphics, layouts, designs, images, logos, icons, software, code and the selection and arrangement thereof (collectively, the "Content"), are owned by or licensed to Ercan Technology and are protected by copyright, trademark and other intellectual-property laws of the United States and other jurisdictions. All rights not expressly granted in these Terms are reserved.

"Ercan Technology", "Forgevid", "Ercan Games" and our related names, logos, product names and slogans are trademarks or trade names of Ercan Technology LLC or its affiliates. You may not use these marks without our prior written permission. Other names and marks appearing on the Site are the property of their respective owners and are used for identification purposes only; their appearance does not imply any endorsement or affiliation.

Except for the limited license expressly granted in these Terms, nothing herein transfers to you any right, title or interest in or to the Site or the Content.

6. User Submissions via the Contact Form

The Site may allow you to submit information to us, such as through our contact form (a "Submission"). You are solely responsible for your Submissions and represent that you have all necessary rights to provide them and that they do not violate these Terms or any applicable law or third-party right.

You agree not to include in any Submission content that is unlawful, infringing, confidential (where you are not authorized to disclose it), defamatory, or that contains malware or other harmful code. We may, but are not obligated to, review, moderate, retain or remove Submissions at our discretion.

To the extent your Submission contains feedback, suggestions or ideas about the Site or our products, you grant Ercan Technology a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without obligation or compensation to you. Personal data you submit is handled in accordance with our Privacy Policy.

7. Third-Party Links, Products and App Stores

The Site may contain links to third-party websites, products or services that are not owned or controlled by Ercan Technology, including the websites of Forgevid (forgevid.ai) and Ercan Games (ercangames.com), and third-party platforms such as the Apple App Store and Google Play. These links are provided for your convenience only.

We do not control and are not responsible for the content, policies, security or practices of any third-party website, product, service or platform. Access to and use of our products and any third-party platforms are governed by their own separate terms and privacy policies, which you should review. Your dealings with any third party are solely between you and that third party.

8. Disclaimers

The Site and all Content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by applicable law, Ercan Technology disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the Site will be uninterrupted, timely, secure, accurate, complete or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components. Any reliance you place on the Content is at your own risk.

Nothing in these Terms excludes or limits any warranty, right or remedy that cannot be excluded or limited under mandatory applicable law, including consumer-protection laws of your country of residence.

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Ercan Technology, its affiliates, or their respective officers, members, employees, agents or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or other intangible losses, arising out of or relating to your access to or use of, or inability to access or use, the Site, whether based in contract, tort, negligence, strict liability or any other legal theory, even if advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the total aggregate liability of Ercan Technology arising out of or relating to these Terms or the Site will not exceed one hundred United States dollars (USD 100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under mandatory applicable law, including mandatory consumer rights.

10. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Ercan Technology and its affiliates, and their respective officers, members, employees and agents, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Site; (b) your Submissions; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that claim.

11. Governing Law and Venue

These Terms and any dispute or claim arising out of or in connection with them or the Site, whether contractual or non-contractual, are governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict-of-laws principles.

You agree that any dispute arising out of or relating to these Terms or the Site will be subject to the exclusive jurisdiction of the state and federal courts located in the State of New Mexico, USA, and you consent to the personal jurisdiction of those courts.

Notwithstanding the foregoing, if you are a consumer residing in a jurisdiction that grants you mandatory rights (for example, in the European Union, the United Kingdom or Türkiye), nothing in this section deprives you of the protection of mandatory consumer-protection provisions of the law of your country of residence, including your right to bring proceedings in the courts of that country where such rights apply.

12. Changes to These Terms

We may modify these Terms at any time to reflect changes to the Site, our practices or applicable law. When we make changes, we will revise the "Last updated" date at the top of these Terms and, where appropriate, provide additional notice.

The revised Terms will become effective when posted unless stated otherwise. Your continued use of the Site after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.

13. Severability and Entire Agreement

If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Ercan Technology regarding your use of the Site and supersede any prior agreements or understandings on that subject. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

14. Contact

If you have questions about these Terms, you may contact us at [email protected].

Ercan Technology LLC, a limited liability company formed in the State of New Mexico, USA. Registered office: Albuquerque, New Mexico, USA.