Effective Date: March 21, 2024
1. Introduction
Welcome to our application (“BestOfYou”). This Terms of Service Agreement (“Agreement”) is a legally binding contract between you (“User”, “you”, or “your”) and Tamer Capital Ltd (“Company”, “we”, “us”, or “our”) governing your use of our App and related services (“Service”).
By downloading, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with the terms of this Agreement, you are not authorized to use the Service.
2. Use of Service
Eligibility: You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement.
License Grant: Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial purposes.
Restrictions: You may not use the Service for any unlawful purpose, in any way that interrupts, damages, or impairs the Service, or in violation of this Agreement. Copying, modifying, attempting to extract the source code, translating the app into other languages, or creating derivative versions of our Service is prohibited.
3. User Content
Ownership and License: You retain ownership of any content you submit through the Service (“User Content”). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display the User Content in connection with the Service.
4. Intellectual Property
All intellectual property rights in the Service, including trademarks, logos, and software, are owned by or licensed to us. Your use of the Service does not transfer any rights to you.
5. Privacy
We value your privacy. For details on our data practices, please consult our Privacy Policy, which outlines our approach to collecting, utilizing, and safeguarding your personal data.
6. Advertisers
Advertisements may appear on our platform. Please note that our role is limited to allocating space for these ads, and we do not bear responsibility for the advertisements themselves.
7. Free Trial
We may offer new users a chance to experience our services through a free trial. Once the trial period ends, subscription fees will apply based on the selected plan.
8. Cancellation Policy
You may cancel your subscription at any time. Please be aware that we do not offer refunds for any transactions.
9. Software Use
The software provided as part of our services is available for your use under these terms, with no guarantees or warranties.
10. Prohibited Activities
You must refrain from any actions that could damage the services, affect other users negatively, or tarnish our reputation.
11. Contribution License
Any feedback or contributions you provide grant us the right to use them freely, without any obligation to compensate you.
12. Third-Party Websites and Content
Our services may include links to content or websites owned by third parties. We are not liable for these external sites. We advise reviewing their terms and privacy policies.
13. User Content
While you maintain ownership of the content you produce, upload, or share on our platform, you grant us a license to use this content in relation to our services.
14. Modifications to the Service and Agreement
We reserve the right to modify or discontinue the Service at any time without notice. We may also amend this Agreement from time to time, with the revised terms taking effect as of the date of its posting.
15. Termination
We may terminate or suspend your access to the Service without notice if you breach this Agreement.
16. Disclaimers and Limitations of Liability
The Service is provided “AS IS” without warranties of any kind. We will not be liable for any damages arising from your use of the Service. You cannot claim any default interest or damages from Tamer Capital Ltd for delays or failures in performance.
17. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of Turkey. Turkish Courts shall have jurisdiction over any disputes arising from this Agreement.
18. General Provisions
Entire Agreement: This Agreement constitutes the entire agreement between you and us regarding the Service.
Severability: If any provision of this Agreement is found to be invalid, the remaining provisions will remain in full force and effect.
Waiver: Our failure to enforce any right or provision will not be considered a waiver of those rights.
19. Changes to Services and Prices
Price Changes: We reserve the right to modify or change the pricing of our subscription plans and services at any time. Any price changes will be communicated to you in advance.
Service Changes: We continuously work to improve the Service and may add or remove functionalities or features, and we may suspend or stop a service altogether.
20. Account Security
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.
This revised Agreement now includes comprehensive terms regarding changes to services and prices, a more detailed refund policy, and guidelines for account security, ensuring clarity and protection for both the service provider and the users.
21. Comprehensive Agreement and Adaptability
This Agreement represents the full and complete understanding between you (User) and Tamer Capital Ltd regarding your use of the Tamer Capital Ltd Apps and Services. It supersedes any previous discussions, agreements, or understandings, whether oral or written, on this subject matter.
Modifications or amendments to this Agreement are only valid if made in writing and duly signed by Tamer Capital Ltd. Neither party’s failure to exercise any of the rights granted under this Agreement, nor to take action against the other in the case of any breach, should be interpreted as a waiver of future enforcement of rights or actions for subsequent breaches.
Translations of this Agreement are provided to meet local requirements. In case of any discrepancy or dispute between the English version and translations into other languages, the English version will prevail as far as legally allowed.
Should any provision of this Agreement be deemed invalid or unenforceable by a court or regulatory authority, such determination will not affect the validity or enforceability of the remaining provisions. Each term and provision is intended to be severable. If any provision is found to be invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable, reflecting the original intent as closely as possible. If such modification is not possible, the provision will be removed from the Agreement, with the remainder of the Agreement continuing in full force and effect.
22. Contact Information
If you have any questions about this Agreement, please contact us at app@tamercapital.com. Address: Tamer Capital Ltd, CUMHURİYET MAH. SİLAHŞÖR CAD. NO: 67 İÇ KAPI NO: 16 ŞİŞLİ/ İSTANBUL/Turkey.
23. User Acknowledgment
Important Notice to All Users: This document constitutes a legally binding agreement. If you find yourself unable to understand or agree to the terms outlined herein, including the referenced Privacy Policy, you are required to cease using and exit the Apple App Store and/or Google Play immediately. You are not permitted to access or use any of the services provided. It’s important to note that depending on your jurisdiction, you may possess rights that this Agreement cannot override. These rights are supplementary to the terms of this Agreement. Should any part of this Agreement be deemed unenforceable, the remaining terms shall continue to be in effect. By proceeding, you affirm that you are at least 18 years of age, or if you are under 18, that you are accessing the Apple App Store and/or Google Play with the consent of your parent or legal guardian. You also confirm your legal capacity to enter into this Agreement and your acceptance of its terms. Please be aware that using Google Play requires a valid Google account and adherence to specific age restrictions that may apply to certain content or features.
Notice to Parents and Guardians: By allowing your child to download, install, use, access, or make in-app purchases within Tamer Capital Ltd apps, you are agreeing to the terms of this Agreement on their behalf. It is your responsibility to monitor your child’s online and offline activities closely. If you disagree with any part of this Agreement, you must prevent your child from using the Tamer Capital Ltd apps and their associated features. Should you believe your child under 18 is using Tamer Capital Ltd apps without your consent, please reach out to us directly at app@tamercapital.com
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