Terms of use and End-User License Agreement

Last updated: August 2024

BEFORE YOU DOWNLOAD OR USE OUR MOBILE APPS, PLEASE READ THIS AGREEMENT CAREFULLY.

This agreement, also known as "the Agreement," governs the usage of our mobile applications and any services they provide ("the Apps"). These Apps are operated by DEMIR OYUN YAZILIMLARI REKLAMCILIGI ANONIM SIRKETI ("the Company"). It applies to individuals, companies, or other legal entities accessing or using the Service, ("You"). You can find a full list of our Apps on our page in the Apple App Store and/or Google Play Store. This Agreement constitutes the entire understanding between You and the Company regarding the use of the Apps and outlines the rights and responsibilities of all users. Your download, access, and use of the Apps are contingent upon Your acceptance of and compliance with this Agreement. These terms and conditions apply to all users and others who access or use the Apps. By downloading, installing, or using the Apps, You agree to abide by this Agreement. If You disagree with any part of this Agreement, please refrain from downloading, installing, or using the Apps.

Interpretation

Words with initial capitalization have defined meanings under specific conditions. The following definitions apply regardless of whether they appear singular or plural.

Definitions

For the purposes of this End-User License Agreement:

• "Application" refers to the software program provided by the Company, downloaded to a Device via an Application Store account.
• "Application Store" denotes the digital distribution service (such as Apple App Store or Google Play Store) by which the Apps are downloaded to your Device.
• "Content" encompasses text, images, or other information posted, uploaded, or made available by You.
• "Device" denotes any device capable of accessing the Apps, such as a cellphone or digital tablet.
• "Family Sharing / Family Group" permits the sharing of Apps downloaded through the Application Store among family members.
• "Third-Party Services" include any services or content provided by a third party, accessible through the Apps.

General Provisions

Acknowledgement

This Agreement is a legal document between You and the Company, governing your use of the Apps. Certain Apps are also subject to additional provisions outlined in Schedules to this Agreement. By downloading, installing, or using our Apps, You confirm ownership or legal use of the Device and that You are at least 16 years old with full legal capacity to enter into this agreement. If your state requires a higher age of majority, then your age must meet or exceed that threshold. If You are between 16 and the age of majority in your state, You confirm that a legal representative has reviewed and agreed to this Agreement on your behalf.

Additional Terms

This Agreement is solely between You and the Company, not with the Application Store. The Company is responsible for the Apps and their Content, but the Application Store can enforce this Agreement against You as a third-party beneficiary. Any contradictions between this Agreement and the Application Store's terms will favor the Application Store. Additional terms, conditions, and requirements applicable to specific Apps may be found in our Apps and Schedules. If You use such Apps, these Additional Terms will be considered part of this Agreement.

License

Scope of License

The Company grants You a limited, non-exclusive, non-transferable license to download, install, and use the Apps in accordance with this Agreement. You may only use the Apps on a Device that You own or control, as allowed by the Application Store's terms. This license is for personal, non-commercial use only.

License Restrictions

You agree not to, and You will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, or otherwise commercially exploit the Apps.
• Copy or use the Apps for any purpose other than as permitted under the license.
• Modify, disassemble, decrypt, reverse compile, or reverse engineer the Apps.
• Remove, alter, or obscure any proprietary notice of the Company or its affiliates.

Open Source Software

Any portion of the Apps constituting Open Source Software is subject to the terms of the respective software license agreements.

Installation and Purchases

Installation

You are accountable for choosing the appropriate internet connection and covering any associated charges incurred for downloading, installing, and using the Apps. Before accessing and/or utilizing the Apps, you should inquire with your mobile operator or internet service provider about the exact charges, service plans, and other conditions of wireless or data connection services. We do not guarantee that the Apps can be accessed on all wireless service plans or at any specific location. Additionally, we do not assure that the Apps can be utilized on any Device or that all features will be available and functioning.

Purchases

When you buy the Apps from the Application Store, including subscriptions and in-app purchases, the payment for such acquisitions may be handled either by third parties on our behalf or directly by the owner of the Application Store. By purchasing the Apps, including subscriptions and in-app purchases, you acknowledge that the digital content will be promptly available to you, and you waive your rights to the 14-day cancellation period and refunds available for EU and EEA residents. Before making the purchase from the Application Store, if you download the Apps from the Application Store owner, please review and accept the terms and conditions of that Application Store owner regarding your rights to cancel orders and receive related refunds.

Some of the Apps may be accessible on a subscription basis, with payments charged to your account either upon confirmation of the purchase or after the trial period established in the Apps expires. These payments may be processed by third parties acting on our behalf or by the Application Store owner. Subscriptions will automatically renew for the same price and duration period as the original subscription package chosen by you, unless you disable auto-renewal. You can manage subscriptions and turn off auto-renewal through your account settings after purchase. You have the flexibility to cancel the subscription at any time, and the cancellation will take effect at the end of the current subscription period. Certain subscription services may be offered on a free trial basis for a specified period. You may cancel a subscription during its free trial period via the subscription settings through your account on the Application Store. This must be done 24 hours before the end of the free trial subscription period for Apple or at any time before the end of the free trial subscription period for Google, otherwise, it will be renewed as a paid subscription.

Content

Content Restrictions

Company holds no responsibility for the entries, information, or content provided by users of the Apps. You explicitly acknowledge that you are solely accountable for the Content and all activities conducted under your account, whether by you or any third party using your account. You are prohibited from transmitting any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, content that promotes unlawful activities, contains discriminatory or mean-spirited remarks, constitutes spam or unauthorized advertising, contains viruses or malicious software, infringes on proprietary rights, impersonates individuals or entities, violates privacy, or presents false information. The Company reserves the right, at its sole discretion, to determine the appropriateness of any Content and to refuse or remove any Content. Additionally, the Company may alter the formatting and editing of Content and limit or revoke App usage in response to objectionable Content. As the Company cannot control all content posted by users or third parties, you agree to use the Apps at your own risk, understanding that you may encounter offensive or objectionable content. You acknowledge that the Company bears no liability for any content, including errors or omissions, or any resulting loss or damage incurred from your use of any content.

Intellectual Property

Apps, including all associated copyrights, patents, trademarks, trade secrets, and other intellectual property rights, are and will remain the exclusive property of the Company. The Company is not obligated to indemnify or defend you against any third-party claims related to the Apps. If indemnification is required by applicable law, the Company, not the Application Store, is solely responsible for investigating, defending, settling, and discharging any claims of intellectual property infringement arising from your use of the Apps.

Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions provided by you to the Company regarding the Apps will be the sole and exclusive property of the Company. The Company is free to use, copy, modify, publish, or redistribute your suggestions for any purpose without providing credit or compensation to you.

Modifications to the Apps

The Company retains the right to alter, suspend, or terminate, either temporarily or permanently, the Apps or any connected services, with or without prior notice and without incurring liability to you.

Updates to the Apps

Periodically, the Company may offer enhancements or improvements to the features and functionality of the Apps, which could include patches, bug fixes, updates, upgrades, and other modifications. Such updates may alter or remove certain features or functionalities of the Apps. You acknowledge that the Company is not obligated to (i) provide any updates or (ii) maintain specific features or functionalities of the Apps for you. Additionally, you agree that all updates or modifications will be considered integral components of the Apps and will be subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company does not offer maintenance or support for the download and utilization of the Apps. If any maintenance or support is mandated by applicable law or the terms and conditions of the Application Store, the Company, not the Application Store, is responsible for providing such maintenance or support.

Third-Party Services

The Apps might exhibit, contain, or offer third-party content (such as data, information, applications, and other products/services) or provide links to third-party websites or services.You recognize and accept that the Company bears no responsibility for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume any liability or responsibility to you or any other individual or entity for any Third-party Services.You are required to adhere to the applicable Terms of Agreement of third parties when utilizing the Apps. Third-party Services and links are provided purely for your convenience, and you access and use them entirely at your own risk, subject to the respective third parties' Terms and Conditions.

Privacy Policy

The Company gathers, stores, maintains, and shares information about you in accordance with Our Privacy Policy.By agreeing to this Agreement, you acknowledge that you hereby consent to and agree with the terms and conditions of Our Privacy Policy.

Term and Termination

This Agreement remains effective until terminated by you or the Company. The Company reserves the right, at its sole discretion, to suspend or terminate this Agreement at any time and for any reason, with or without prior notice. The Agreement will be terminated immediately, without prior notice from the Company, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Apps and all copies thereof from your device. Upon termination of this Agreement, you must cease all use of the Apps and delete all copies of the Apps from your device. Termination of this Agreement will not affect any of the Company's rights or remedies at law or in equity in the event of your breach (during the term of this Agreement) of any of your obligations under this Agreement.

No Warranties

The Apps are provided to you "AS IS" and "AS AVAILABLE," with all faults and defects, without warranty of any kind. The Company, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company makes no warranty or representation concerning the suitability of the Apps, whether they will meet your requirements, achieve intended results, be compatible with other software, operate without interruption, meet performance standards, or be error-free.Neither the Company nor any of its providers make any representation or warranty regarding the operation or availability of the Apps, the accuracy, reliability, or currency of information provided through the Apps, or that the Apps or their servers are free of harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. To the extent any warranty cannot be disclaimed, the Company shall be solely responsible for such warranty. In case of any failure of the Apps to meet applicable warranty standards, you may notify the Application Store for a refund, and the Application Store will have no further warranty obligation.

Limitation of Liability

The entire liability of the Company and its suppliers under this Agreement shall be limited to the amount paid by you for the Apps. In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages, even if advised of the possibility of such damages. Some jurisdictions do not allow the limitation of incidental or consequential damages, so this limitation may not apply to you.You agree that the Application Store, its subsidiaries, affiliates, and licensors shall not be liable for any damages incurred by you, including loss of data, under any theory of liability.

Severability and Waiver

Severability

Should any provision of this Agreement be deemed unenforceable or invalid, it will be adjusted to fulfill its intended purpose to the maximum extent allowed by law, while the remaining provisions will remain valid and enforceable.

Waiver

Except as explicitly stated here, the failure to exercise a right or enforce an obligation under this Agreement does not waive the right to do so in the future, nor does it waive the ability to address any subsequent breaches.

Product Claims

The Company does not offer warranties for the Apps. Should you have any claims arising from your App usage, including product liability, regulatory compliance, or consumer protection issues, the Company, not the Application Store, is responsible for addressing them.

United States Legal Compliance

You confirm that you are not located in a country under US government embargo or labeled as a "terrorist supporting" nation. Additionally, you are not listed on any US government prohibited or restricted parties list.

Changes to this Agreement

The Company reserves the right to modify or replace this Agreement at its discretion. Material revisions will be notified at least 30 days prior to taking effect. By continuing to use the Apps after revisions, you agree to the updated terms. Failure to agree to the new terms terminates your authorization to use the Apps.

Governing Law

This Agreement and App usage are governed by US laws, excluding conflict of law rules. Additionally, local, state, national, or international laws may apply to your App usage.

Entire Agreement

This Agreement constitutes the complete understanding between you and the Company concerning App usage, superseding any prior agreements, whether written or oral. Additional terms may apply to specific Company services, provided to you when using or purchasing said services.

Contact Us

For inquiries regarding this Agreement, contact us via email.