TERMS OF USE
These Terms of Use are effective for new and existing users of the app "Low Buy - Spending Tracker" (Application).
YOUR CHOICE TO ACCESS OR USE THE APPLICATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE AND ACKNOWLEDGEMENT OF OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THE TERMS OF USE. IF YOU DISAGREE WITH ANY PART OF THE TERMS OF USE, THEN YOU ARE NOT PERMITTED TO USE OUR APPLICATION.
Please feel free to contact us through our e-mail: info@appday.co if you have any questions or suggestions.
1. KEY DEFINITIONS
"Data" means all types of data mentioned hereof including, but not limited to User Data;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or non-registrable, registered or unregistered, including any application or right of application for such rights including but not limited to copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs;
"Support Services" means User support in relation to the use of, and the identification and resolution of errors in the Application;
"Update" means a hotfix, patch or minor version update to any Platform, Application;
"User Data" means all data, works and materials: uploaded to the Application, supplied by User; processed or generated as a result of the use of the Application by the User and regulated herein as well as by the Privacy Policy.
2. GENERAL PROVISIONS
2.1. The text of this document is the Terms of Use of the "Low Buy - Spending Tracker" - means the application software "Low Buy - Spending Tracker" designed for smartphones and/or tablet computers which is provided by Nurettin Resul TANYILDIZI (the "Application"), - which enables Users to track their spending.
2.2. The Application is provided by Nurettin Resul TANYILDIZI, a legal entity acting on the basis of legislation of Turkey, with registered address in FENERBAHÇE MAH. İĞRİP SK. NO: 13 İÇ KAPI NO: 1 KADIKÖY/ İSTANBUL, Türkiye (the "Provider" and from time to time "we" and "us").
2.3. The User of the Application (the "User", "you", "your") is an individual who accesses the Application for the purpose of tracking spending.
2.4. The Provider does not offer any financial services. The Application only serves to supplement your personal finance tracking and is not a substitute for professional financial advice. Users agree to use it at their own risk.
2.5. The Application does not constitute a financial device or any type of financial advisor. The Application is not expected to provide financial advice, consulting, or planning. To the maximum extent permitted by applicable law, you expressly agree that we are not providing financial advice via the Application. Should you have any finance-related questions, please consult with a financial advisor.
2.6. Using the Application does not constitute or create any advisor-client relationship between you and the Provider.
2.7. These Terms of Use constitute legally binding agreement between the User and the Provider.
2.8. Please read this Terms of Use carefully as it will regulate relations between the User and the Provider in the course of the use of the Application. By using the Application, the User agrees to be bound by the terms and conditions stated herein. The User claims and warrants that she/he has full legal authority to accept these Terms of Use and to be legally bound by it.
3. SUBJECT OF THE AGREEMENT AND ACCEPTANCE OF THE TERMS OF USE
3.1. Under the terms of these Terms of Use, the Provider is obliged to provide the Application, and the User is obliged to use the Application properly.
3.2. In consideration for the User's consent to follow the Terms of Use, the Provider grants to the User a non-transferable, non-exclusive, worldwide license to use the Application, only in order the User could use the Application. No other license is granted. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information from the Application without the Provider's direct prior written consent.
3.3. You are solely responsible for all your activities in the Application as a User.
3.4. The Application does not provide an option to create an account therefore, we do not store nor have access to your entries and data. Your data are stored only locally on your device.
3.5. The User is solely responsible for all activity in connection with access to the Application through his/her device, and for the security of his/her operating systems, and in no event shall the Provider be liable for any loss or damages relating to any misuse.
3.6. The User can stop using the Application at any time without notifying the Provider. But the Provider reserves the right in any time without liability at its sole discretion to limit, suspend or revoke the User's access to the Application in case of any breach of these Terms of Use.
3.7. When the User deletes the Application from his/her smartphone or tablet computer User's usage history, all User information inside the Application will be cleared, except the data that is stored on the User's personal iCloud. The User can independently delete the data about the Application in personal iCloud.
3.8. Provider reserves the right to provide Users with advertisements through the Application.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Provider undertakes:
a) Organize and ensure the proper functioning of the Application.
b) Use all the User's Data only in relation to work and improvement of the Application, do not transfer or show to unauthorized third parties information about the Users.
c) To provide relevant, timely and sufficient Support Service.
4.2. The Provider has the right to receive from the User all the Data necessary to fulfill its obligations hereunder.
4.3. The User is obliged to:
a) Use the Application only within the limits of those rights and in the ways provided for in the Terms of Use;
b) Refrain from distribution (copying), publication of the Application or any parts thereof;
c) Refrain of any use of the Application or its parts by any third parties;
d) Refrain of attempts to access or derive the source code or architecture of the Application;
e) Do not use the Application in any way that causes, or may cause, damage to the Application or impairment of the availability or accessibility of the Application;
f) Refrain of attempts to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Application;
g) Refrain of attempts to probe, scan or test the vulnerability of the Platform, or any associated system or network, or to breach any security or authentication feature or measures of the Platform;
h) Do not use the Application in any way that is unlawful, illegal, fraudulent or harmful;
i) Do not use the Application in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
j) Do not interfere or attempt to interfere with Application to any User, host or network, including, without limitation, by means of submitting malicious software or computer code to the Application, load testing, overloading, "flooding," "spamming," "mail bombing," "crashing,";
k) Do not use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
l) Do not make the Application available over a network or other environmental permitting access or use by multiple devices or users at the same time;
m) Do not use or access any services, software in order to build a competitive product, service or solution;
n) Use all reasonable endeavors to prevent any unauthorized access to, or use of, the Application by any unauthorized third parties and, in the event of any such unauthorized access or use, promptly notify the Provider;
o) Do not disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application;
p) Do not use the Application in a manner inconsistent with any applicable laws or regulations, or otherwise infringe these Terms.
4.4. The User has the right to carry out any actions related to the functioning of the Application in accordance with its purpose stated hereto.
5. PAYMENT
5.1. The usage of the basic Application is free of charge for all Users.
5.2. We offer premium features of the Application for a fee. The Premium features are available as a monthly and annual subscription or as a one-time purchase. Your iTunes account will be charged at confirmation of purchase. The subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the billing period. You can go to your iTunes Account Settings to manage your subscription and turn off auto-renew. To restore all your previous purchases use the "Restore Purchases" button located at the bottom of the Premium Features popup.
5.3. The Premium features provide you access to certain enhanced products, services, features and functionality (e.g., advanced tracking, detailed reports, customization options). By signing up for and using the Premium features you agree to pay any fees or other incurred charges that apply to the Premium Features (such as access fees).
5.4. You authorize the App Store to charge the applicable fees to the payment card that you submit. By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription you authorize the App Store to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Application. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.
5.5. Provider may offer a free trial subscription for the Premium features. Free trial provides you access to the Premium features for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Application will automatically continue and you will be billed the applicable fees for the Premium features. Provider may send you a reminder when your free trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the free trial will end. Provider reserves the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Premium features during the free trial, or any of these terms without notice and with no liability.
5.6. The Premium features and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, Provider may make reasonable efforts to notify you and resolve the issue; however, Provider reserves the right to disable or terminate your access to the Premium features (and may do so without notice).
5.7. All purchases of the Premium features are final and non-refundable. There are no refunds for termination or cancellation of your Premium features purchased, regardless of whether or not you actively use the Premium features purchased. Subscriptions purchased via an App Store are subject to such App Store's refund policies. This means Provider cannot grant refunds. You will have to contact App Store support.
5.8. To the maximum extent permitted by applicable laws, we may change the payment terms and set the prices for services offered through the Application at any time. We will give you reasonable notice of any such change by posting the prices or new prices on or through the Application. If you do not wish to pay for access to the Application, you can stop using the Application prior to the change going into effect.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The User acknowledges that all rights in and to the Application and its content, including visual interface, graphics, design, video and text materials, compilations, computer code, software and all other elements of the Application are and shall remain the Provider's sole property.
6.2. Except as expressly stated herein, the Terms of Use does not grant the User any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Application.
6.3. The Provider confirms that it has all the rights in relation to the Application that are necessary to grant all the rights the Provider purports to grant under, and in accordance with these Terms of Use.
6.4. If you believe Application content infringes copyright or trademark under EU, U.S. oг other national law, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention. Please provide us with the following information in your notice of a suspected violation:
a) Identification of the material being infringed.
b) Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
c) Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
d) A statement that the Notifying Party has a good faith belief that the material is not authorized by the owner, its agent or law.
e) A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the owner.
f) A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed.
6.5. Your notice must be signed (physically or electronically) and must be addressed as follows: FENERBAHÇE MAH. İĞRİP SK. NO: 13 İÇ KAPI NO: 1 KADIKÖY/ İSTANBUL, Türkiye, info@appday.co
7. RIGHT TO MODIFICATIONS
7.1. The Provider may from time to time modify, alternate or change design, functionality or information contained on the Application at its own discretion without any prior notice to the User.
7.2. The Provider reserves the right to change the Terms of Use. The Provider will notify the User about such changes in any legal documents, including the Terms of Use, and/or any other kind of legal and information document regarding the Application and/or any other area of relations between the User and the Provider, through the Application. The updates become legally binding after the posting of the renewed Terms of Use on the Application. The User's use of the Application following any such update or revision constitutes his/her agreement to be bound by and comply thereof as updated or revised.
7.3. No modification to those Terms of Use or any other legal document within the Application by the User is allowed. Any abovementioned modification, alteration, change of any kind without the Provider's express written consent shall be negligent.
8. THIRD-PARTY APPLICATIONS
The User may be able to access certain third-party links, applications, content, services or activities ("Third-PartyApplications") via the Application. Third-Party Applications are not owned or controlled by the Provider and the Provider is not responsible or liable for any Third-Party Applications including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Applications. The Provider explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found in Third-Party Applications. The Provider does not warrant, endorse, guarantee, or assume responsibility for any Third-Party Application. If you access any Third-Party Application, you do so at your own risk and you understand that these Terms and the Privacy Policy do not apply to your use of such applications. You expressly relieve the Provider from any and all liability arising from your use of any Third-Party Application.
9. WARRANTY, DISCLAIMER, AND LIMITATION OF LIABILITY
9.1. We warrant that we have validly entered into these Terms and have the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
9.2. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE APPLICATION AND ALL DATA HEREUNDER IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
9.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE (NOR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, INCLUDING WITHOUT LIMITATION FOR LOSS OF REVENUE, LOSS OR CORRUPTION OF DATA OR SOFTWARE, LOSS OF USE, OR SIMILAR LOSSES OF ANY KIND, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.4. THE APPLICATION IS NOT INTENDED TO BE USED FOR PURPOSES OF FINANCIAL ADVICE, CONSULTING, OR PLANNING. WE ARE NOT RESPONSIBLE FOR ANY FINANCIAL DECISIONS MADE BY YOU AS A RESULT OF USING THE APPLICATION. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN FINANCIAL DECISIONS.
10. USER DATA
10.1. The User is solely responsible for all User Data. The Provider is not responsible for any User Data. The Provider is not obliged to monitor the User Data and/or control, check its reliability, accuracy, or legitimacy.
10.2. The User shall bear full responsibility and risks of the legitimacy, reliability, and appropriateness of the User Data.
10.3. The Provider is not responsible for any User Data that is lost, changed, unavailable or inaccessible.
10.4. By using the Application, the User acknowledges and agrees that he/she is aware of all the risks connected with his/her activity in the Application, including the terms of this Clause.
11. MISCELLANEOUS
11.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Application. The Terms of Use constitute the entire agreement between you and us with respect to your use of the Application.
11.2. Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
11.3. You may not assign, delegate, or otherwise transfer your access to the Application or your obligations under these Terms of Use without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms of Use and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms of Use and in connection with the Application.
11.4. Our notice to you via email, or in-app messages within the Application constitutes acceptable notice to you under the Terms of Use. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., "junk" or "spam" folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email, or twenty-four hours after an in-app message is first displayed.
11.5. These Terms of Use constitute the entire agreement between the User and the Provider with regard to its subject matter and supersedes any and all prior negotiations, representations and agreements, whether written or oral, made between the User and the Provider.
12. SUPPORT
For support, please contact: info@appday.co.