Terms and Conditions
By downloading or using the Close Friends application (App), these terms will automatically apply to you – you should make
sure therefore that you read them carefully before using the App.
You’re not allowed to copy, or modify the App, any part of the
App, or our trademarks in any way. You’re not allowed to attempt
to extract the source code of the App, and you also should not try to
translate the App into other languages or make derivative versions. The
App itself, and all the trademarks, copyright, database rights and other
intellectual property rights related to it, still belong to Codeway
Dijital Hizmetler Anonim Sirketi.
Codeway is committed to ensuring that the App is as useful and
efficient as possible. For that reason, we reserve the right to make
changes to the App or to charge for its Services, at any time and for
any reason. We will never charge you for the App or its Services without
making it very clear to you exactly what you’re paying for.
The App stores and processes personal data that you have provided to
us, in order to provide our Service. It’s your responsibility to
keep your phone and access to the App secure. We therefore recommend
that you do not jailbreak or root your phone, which is the process of
removing software restrictions and limitations imposed by the official
operating system of your device. It could make your phone vulnerable to
malware/viruses/malicious programs, compromise your phone’s
security features and it could mean that the App won’t work
properly or at all.
You should be aware that there are certain things that Codeway will not
take responsibility for. Certain functions of the App will require the
App to have an active internet connection. The connection can be Wi-Fi,
or provided by your mobile network provider, but Codeway cannot take
responsibility for the App not working at full functionality if you
don’t have access to Wi-Fi, and you don’t have any of your
data allowance left.
If you’re using the App outside of an area with Wi-Fi, you should
remember that your terms of the agreement with your mobile network
provider will still apply. As a result, you may be charged by your
mobile provider for the cost of data for the duration of the connection
while accessing the app, or other third party charges. In using the App,
you’re accepting responsibility for any such charges, including
roaming data charges if you use the App outside of your home territory
(i.e. region or country) without turning off data roaming. If you are
not the bill payer for the device on which you’re using the app,
please be aware that we assume that you have received permission from
the bill payer for using the App.
Along the same lines, Codeway cannot always take responsibility for the
way you use the App i.e. You need to make sure that your device stays
charged – if it runs out of battery and you can’t turn it on
to avail the Service, Codeway cannot accept responsibility.
With respect to Codeway’s responsibility for your use of the App,
when you’re using the App, it’s important to bear in mind
that although we endeavor to ensure that it is updated and correct at
all times, we do rely on third parties to provide information to us so
that we can make it available to you. Codeway accepts no liability for
any loss, direct or indirect, you experience as a result of relying
wholly on this functionality of the App.
At some point, we may wish to update the App. The App is currently
available on iOS and Google Play Store– the requirements for
system (and for any additional systems we decide to extend the
availability of the App to) may change, and you will need to download
the updates if you want to keep using the App. Codeway does not promise
that it will always update the App so that it is relevant to you and/or
works with the iOS/Android version that you have installed on your
device. However, you promise to always accept updates to the application
when offered to you. We may also wish to stop providing the App and may
terminate use of it at any time without giving notice of termination to
you. Unless we tell you otherwise, upon any termination, (a) the rights
and licenses granted to you in these terms will end; (b) you must stop
using the App, and (if needed) delete it from your device.
Changes to This Terms and Conditions
We may unilaterally amend and update our Terms and Conditions from time
to time. Thus, you are advised to review this page periodically for any
changes. we will notify you of any changes by posting the new Terms and
Conditions on this page. These amendments shall be effective on the date
when they are published. The User is obliged to follow these amendments
and updates and shall be deemed to have agreed with these amendments in
case the User confirms these amendments and continues to use the App
following the publication.
The User acknowledges that it cannot gain a title and/or status of
Codeway’s representative, authorized person, agent, commercial
representative, stakeholder, solution or business partner, dealer etc.
by concluding this Agreement; therefore, the User shall not be able to
disclose a notification to be interpreted as such in any documents,
brochures and advertisements to be arranged by and between third
parties, on its website or in its references.
These terms and conditions are effective as of 22/08/2022.
Contact Us
If you have any questions or suggestions about our Terms and
Conditions, do not hesitate to contact us at
via support@codeway.co
CODEWAY END-USER LICENSE AGREEMENT
These terms and conditions legally create an agreement between you, as
the User, and Codeway. Please read all terms and conditions and further
service scope carefully. By continuing you agree with our terms as
set out under Codeway End-User License Agreement and Privacy Policy and Personal Data Text
.
- TERMS OF USE
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Codeway Dijital Hizmetler Anonim Şirketi (the “Codeway”), a Turkish corporation located in İstanbul/Turkey, is
pleased to provide you, as the user (User), Close Friends application available at the Apple App Store and/or
Google Play.
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You hereby agree to be bound by these Terms of Service (the
“Terms”) of Codeway any time you use or access the App and any of our
other products or services located in the Apple App Store and/or
Google Play (each an “Service” and collectively the “Services”). Your use of the Services is subject to your acceptance and
compliance with these Terms. “Use” or “using” means hereby to access, install, download, copy, in-app
purchasing or otherwise benefit from using the functionality of the
App as per with the documentation. Please read this End-User License
Agreement (the “Agreement”) carefully before accessing, downloading or using App, for
the concerning Agreement governs your use of the App and how we
provide the App. If you do not agree these Terms, do not use the
Services. Each time you use or access the Services, the current
version of these Terms shall apply. This Agreement also includes
additional payment terms, in-app purchase options and other
requirements set forth on the download or purchase page/platform
through which you purchase or download the App.
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Your use or access of the Services is also subject to the App’s
Privacy Policy and Personal Data Text (the “Privacy Policy”), that is hereby available in here. Additionally, you agree to abide by our rules, policies and
procedures we may publish on the Services from time to time. We
reserve the right at any time and without notice to change these
Terms. Without prejudice to any rights implied by law or under the
provisions of this Agreement, you also acknowledge that in-app message
which notifies you such changes when you open up, use or access the
App shall constitute reasonable notification means. For the avoidance
of doubt, your continued use of the App after we post amendments or
apply changes to this Agreement shall signify your acceptance of such
amendments and/or changes. If you do not agree with any amendment, you
must discontinue using the App. If you have any further questions or
concerns with respect to the Terms herein, please contact us
at closefriends@codeway.co
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NOTICE TO THE USER: THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS
AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICYREFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE APPLE APP STORE
AND/OR GOOGLE PLAY AND YOU ARE NOT AUTHORISED TO USE OR ACCESS ANY OF THE SERVICES. DEPENDING ON THE LAWS OF
THE JURISDICTION WHERE YOU LIVE, YOU MAY HAVE CERTAIN RIGHTS THAT
CANNOT BE WAIVED THROUGH THIS AGREEMENT AND THAT ARE IN ADDITION TO
THE TERMS OF THIS AGREEMENT AND CERTAIN PROVISIONS OF THIS AGREEMENT
MIGHT BE UNENFORCEABLE AS TO YOU. TO THE EXTENT THAT ANY TERM OR
CONDITION OF THIS AGREEMENT IS UNENFORCEABLE, THE REMAINDER OF THE
AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. YOU HEREBY CONFIRM
THAT (I) YOU ARE AT LEAST 13 YEARS OLD IF YOU ARE A RESIDENT IN THE
UNITED STATES OF AMERICA, (II) AND AT LEAST 16 YEARS OLD IF YOU ARE A
RESIDENT IN THE EU OR THAT (III) IF YOU ARE A RESIDENT IN EU AND
NON-EU COUNTRIES WHERE THIS AGE IS DETERMINED LOWER IN THE
LEGISLATION, THAT YOU ARE AT LEAST OF THAT AGE. (OR IF YOU ARE UNDER
18 YEARS OLD, THAT YOU ARE USING THE APPLE APP STORE AND/OR GOOGLE
PLAY ONLY WITH THE APPROVAL OF YOUR PARENT OR LEGAL GUARDIAN), THAT
YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE
COMPLETELY READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT.
YOU HEREBY DECLARE TO HAVE REACHED THE LEGAL MINIMUM AGE TO BE WITHIN
THE LAW REGARDING THE CAPACITY TO ACT AND THE PROCESSING OF YOUR
PERSONAL DATA OR THAT THE CONSENT OF A PARENT OR SOMEONE WITH SUCH
AUTHORITY IS PRESENT. PLEASE BE AWARE THAT, IN ORDER TO USE GOOGLE
PLAY, YOU MUST HAVE A VALID GOOGLE ACCOUNT, SUBJECT TO THE FOLLOWING
AGE RESTRICTIONS AND ALSO YOU MUST COMPLY WITH ANY ADDITIONAL AGE
RESTRICTIONS THAT MAY APPLY FOR THE USE OF SPECIFIC CONTENT OR
FEATURES ON GOOGLE PLAY.
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NOTICE TO PARENTS AND LEGAL GUARDIANS: BY GRANTING YOUR CHILD APPROVAL TO DOWNLOAD, INSTALL, USE, ACCESS,
IN-APP PURCHASE THE APP, YOU HEREBY AGREE TO THE TERMS OF THIS
AGREEMENT ON BEHALF OF YOUR CHILD. YOU ARE RESPONSIBLE FOR EXERCISING
SUPERVISION OVER YOUR CHILD’S ANY ONLINE AND OFF-LINE
ACTIVITIES. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT LET
YOUR CHILD USE THE APP OR ASSOCIATED FEATURES. IF YOU ARE THE PARENT
OR LEGAL GUARDIAN OF A CHILD UNDER 18 AND BELIEVE THAT HE OR SHE IS
USING THE APP WITHOUT YOUR PRIOR APPROVAL, PLEASE CONTACT US
AT support@codeway.co . AS THE PARENT OR THE LEGAL GUARDIAN OF YOUR CHILD USING THE APP, YOU
MAY REACH OUR PRIVACY POLICY AND RIGHTS POLICY [d]TO GET DETAILED INFORMATION ON WHICH PERSONAL DATA OF YOUR CHILD IS
PROCESSED BY CODEWAY, FOR WHAT REASONS AND TO WHOM AND FOR WHAT
PURPOSE YOUR CHILD'S PERSONAL DATA IS TRANSFERRED.
- PARTIES
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This Agreement is concluded between Codeway and you, as the User, who
downloaded and/or installed through the Apple App Store and/or Google
Play and executed and mutually entered into force upon the online
approval of the User. Codeway and the User shall be hereinafter
referred to individually as the “Party” and collectively as the “Parties”.
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By downloading and/or installing the App through the Apple App Store
or Google Play, the User agrees, undertakes and represents that he/she
has read all the Terms herein, understood all the contents and
approved all provisions.
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In case the User is a “consumer” under the Consumer
Protection Act of Turkey (the “Law No. 6502”) and the applicable consumer legislation, the User can
benefit from the rights and powers vested in consumers thereunder to
the extent applicable. If the User is considered as a consumer under
the Law No. 6502 and to the extent applicable, the other relevant
legislation he/she should give prior notice to duly inform the Codeway
to use its consumer rights. The User accepts and declares that he/she
understands this situation and that he/she shall act in line with the
applicable consumer legislation, if necessary.
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CODEWAY CONTACT INFORMATION
Company Name: Codeway Dijital Hizmetler Anonim Şirketi
Address: Esentepe Mahallesi Büyükdere
Cad. Ferkoo Apt. No: 175/141, Şişli/ İstanbul,
Turkey
Trade Registry Number: 227921-5
E-mail: support@codeway.co
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GRANT OF LICENCE
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Subject to your compliance with the Terms of the Agreement, Codeway
grants you a limited, non-exclusive, revocable, non-sub licensable,
non-transferable licence to access, download and install the most current generally
available version of the App on a single, authorised mobile device that you own or control solely for your lawful,
personal, as an end-user, and non-commercial use.
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For the avoidance of doubt, App is protected by copyright laws and
international copyright treaties, as well as other intellectual laws
and treaties. Codeway is the exclusive owner of any software, design,
source code, target code, directory, image or content available on
App. Codeway reserves all rights not expressly granted to the User as
per the provisions of Article 11, hereunder. Having said that, Codeway
retains the ownership of the copyright in and to the App. The User
cannot duplicate, copy or distribute or process the advertisements,
images and texts, visual and audio images, files, databases, catalogues and lists available on App nor rent, lease or lend the App to
anyone and permanently transfer all of his/her rights under this
Agreement. Codeway holds no responsibility for the results of using the App acquired illegally or through an unauthorised distributor.
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DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
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Restricted Use: While using App, Users declare and undertake not to engage in
actions that are contrary to the law and morality or that may damage
the opportunity to benefit from the Services including but not limited
to the items exemplified below. Before registering with App, Users
declares that the user is able to enter into a legally enforceable
agreement with Codeway and that the User is not subject to any federal
or local regulations which prevent User from registering with or keep
using the App. Codeway shall not assume any responsibility and/or
indemnification liability for damages arising from any breach of this
article. In the event that the User acts in breach of this article,
Codeway shall reserve the right to terminate this Agreement pursuant
to Article 14, to block the User's access to App either for a
certain period of time or indefinitely. Furthermore, Codeway reserves
the right to resort to civil law and criminal law remedies.
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The User shall not rent, sell, lease, sublicense, distribute, assign,
copy (other than a single copy for your own backup purposes) or in any
way transfer or grant any rights to the App or use App for the benefit
of any third party. Unless expressly authorised by Codeway, User is prohibited from making the App available
over a network where it could be downloaded or used by multiple users.
User agrees that he/she shall not use any robot, spider, other
automatic or manual device or process to interfere or attempt to
interfere with the proper working of the App, except to uninstall or
remove the App from a mobile device which the User owns or controls.
User shall not deliver unlawful information and/or share harmful data
such as chain mail, malware, viruses, the User shall not violate or
attempt to violate the security of Services except as and only to the
extent permitted in this Agreement and by applicable law. User shall
not engage in behaviours and activities that will adversely affect/obstruct or
manipulate the operation of App, disable security systems and make the
App unusable or make an attempt in this manner by preparing automatic
programs. Users shall not use any method that is not specifically
provided for or made available through the Service to access, attempt
to access, or get any content or information. Users are not allowed to
bypass any content protection measures or geographical restrictions on any Content that is made available on or through the Services, including
through the use of virtual private networks.
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Users cannot copy, adapt, translate, decompile, reverse engineer,
disassemble, modify, recode or create derivative works of the App or
advertise the App in any form. Users shall not access, create or modify the source code of any App
in any way. User does not have the right to and may not create
derivative works of any the App or any portions thereof. All
modifications or enhancements to the App remain the sole property of
Codeway. User agrees and undertakes or engage in any other act to find, obtain
or copy the source code of App, shall not in any way try and synchronise App with other software or hardware, shall not violate the
security of any computer network, shall not hack security passwords
and codes, shall not attempt to deliver SPAM mail or upload malware,
otherwise agrees, declares and undertakes to assume the liability for
any damages of Codeway and third parties.
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Codeway may restrict or terminate the access to App at any time and
without giving any further notice in case the operating security of
the network is at risk, in order to ensure the continuity of access to
the network, to prevent malfunctions that may occur in network,
software or uploaded files, to prevent or reduce the adverse effects
of possible disruptions and in other cases deemed necessary.
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Updates: Codeway reserves the right to add or remove features or functions to
the existing App. When installed on the User’s mobile device,
Codeway periodically communicates with our servers. Codeway may
require the updating of the App on User’s mobile device when
Codeway releases a new version of the App, or when Codeway makes new
features available. This update may occur automatically or upon prior
notice to User and may occur all at once or over multiple sessions.
The User understands that Codeway may require User’s review and
acceptance of Codeway’s then-current Agreement before User will
be permitted to use any subsequent versions of the App. User
acknowledges and agrees that any obligation Codeway may have to
support previous versions of the App may be ended upon the
availability of updates, supplements or subsequent versions of the
App. User acknowledges and agrees that Codeway has no obligation to
make available to User any updates, supplements or subsequent versions
of the App. Please be aware that such updates may be necessary in order for you to use Google Play or
to access, download or use content. By agreeing to these Terms and
using Google Play, you agree to receive such updates automatically.
You may be able to manage updates to certain content via settings in
Google Play. If it is determined, however, that the update will fix a
critical security vulnerability related to the content, the update may
be completed irrespective of your update settings in Google Play or
your device. If another app store attempts to update content that was
initially downloaded from Google Play, you may receive a warning, or
such updates may be prevented entirely.
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Access: The User must provide at his/her expense the equipment,
internet connections, devices and service plans to access and use the
App. If the User accesses the App through a mobile network, your
network or roaming provider’s messaging, data and other rates
and fees may apply. The User is solely responsible for any costs you
incur to access the App from his/her device. Downloading, installing
or using certain the App may be prohibited or restricted by your
network provider and not all the App may work with your network
provider or device. Codeway makes no representation that the App can
be accessed on all devices or wireless service plans. Codeway makes no
representation that the App is available in all languages or that the
App is appropriate or available for use in any particular location.
Please also be aware that you must keep your account details secure and must not share them
with anyone else. You must not collect or harvest any personal data of
any User of Apple App Store and/or Google Play or of any User of other
Apple and/or Google Services via Apple App Store/ Google Play,
including account names.
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Purchase and Cancellation Rights: App is available for purchase from a mobile platform owner
(e.g. Apple or Google) and/or will allow the User to make in-app
purchase. Payment for such purchases may be processed by third parties
who act on behalf of Codeway or directly by the mobile platform owner.
In some countries there are specific time periods to cancel online
purchases after purchasing them provided by law (European Union
residents etc). For these countries, consumers may have a right to
cancel in a specific number of days after purchasing products/services online
provided by law. Therefore, your right to cancel in-app purchases will
rely on the country you reside in. Since payment processes of certain
purchases on App will be conducted by the mobile platform owner,
failure to follow certain local laws regulating the right to cancel will be subject to mobile platform owners’
terms. Please also review the mobile platform owner’s terms in
this regard before purchase. You can find further information on
cancelling orders and any associated refunds on the website of the
third-party re-seller from whom you purchased the App (from the Apple
App Store and/or Google Play). Where you purchase from Codeway
directly: please note and acknowledge that if you are a resident in
the European Union and download the App from Codeway directly, you
agree to waive your cancellation and refund right once the download of
the App or the relevant purchase is made. Please note that if you are
not a resident in the European Union and if your local laws do not
regulate mandatory laws otherwise, you have no right to cancel purchases you made if you download App from
Codeway directly. This means that you will not be able to cancel your
order or obtain a refund once the download and delivery of the App is
complete. This will also apply to subscriptions and in-app purchases.
In this regard, please also take into consideration the provisions of
Article 13 of the Agreement.
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Defective Content: Once the App is available to you through your account, you are
required to check the content as soon as reasonably possible to ensure
that the App function and perform as stated and notify us or Google
Play as soon as reasonably possible provided that you find any errors
or defect.
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Without prejudice to any other rights, Codeway may terminate this
Agreement if User fails to comply with the terms of this Agreement and
other documents, referred to herein. In such event, the User must
uninstall or remove the App. In this regard, please also take into
consideration the provisions of Article 14 of the Agreement.
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THIRD-PARTY PARTNERS
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The App allow you to enjoy various features, functionalities and
other Services, which may change from time to time (collectively the
“App Functions”). The App Functions are provided by the Codeway and
third-party suppliers who offer content and/or services in conjunction
with or through the App (the “Third Party Partners”).
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Third-Party Services and Content: The App may integrate, be integrated into, bundled, or be provided
in connection with third-party services, advertising, feeds and/or
content. If the User is installing the App that includes third party
services and third-party content, such services and content are
subject to such third party’s terms of services and privacy
policies, which might be found on the relevant Third-Party
Partners’ website. Please keep that in my mind that Codeway has
no control over such websites and resources, and the User acknowledges
and agrees that Codeway shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of reliance on any such Content (as
defined in 6.3.), goods or services available on or through any such
website or resource. Having said that, Codeway shall not be a party to
or in any way be responsible for monitoring any transaction between
the User and the Third-Party Partners.
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Access to the Third Party Services and Content via the
App: All services, advertising, feeds and content, including without
limitation, all data, links, articles, graphic or video messages and
all information, text, software, music, sound, graphics or other
materials (the “Content”) made available or accessible via the App, whether publicly
available or privately transmitted, is the sole responsibility of the
entity or person from whom it originated. You, as the User, hereby
acknowledge and agree that by using the App you may be exposed to
Content that may be offensive, indecent or objectionable in your
community. You agree to accept all risks associated with the use of
any Content, including any reliance on the accuracy or completeness of
such Content. Under no circumstances will the Codeway be liable in any
way for any Content created by or originating with entities other than
Codeway, including but not limited to, any errors or omissions in any
such Content, or for loss or damage of any kind incurred as a
consequence of the transmission, sharing or posting of such Content by
means of App.
- SECURITY
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The App, like other User technologies in the relevant market, may not
be 100% secure. By accepting this Agreement, you acknowledge and
accept that the App and any information you download or offer to share
by means of App, may be exposed to unauthorised access, interception, corruption, damage or misuse and cannot
be regarded as 100% secure.
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You accept all responsibility for such security risks and any damage
resulting therefrom. Further, you are solely responsible for securing
your mobile device from unauthorised access or cyber-attacks, including by such means as using
complex password protection. You agree that Codeway shall not be
liable for any unauthorised access to your mobile device or the App data thereon.
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The responsibility to ensure the security and to duly store the
access tools, if any, (connected virtual store account, username or
password, etc.) used by the User in order to benefit from the Services
and to keep them away from the reach and use of third parties shall be
borne by the User. Every transaction made with the User’s
connected account, username and password, if any, shall be deemed to
made by the User itself. Codeway shall not be responsible for any
direct or indirect damages incurred by the Users and/or third parties
due to all negligence and faults of the User in matters such as
security, storage, keeping away the information of third parties, and
use of the User’s means of accessing the system and the the App.
Codeway shall reserve its right to recourse.
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In regard of malware protection, Google may receive information
regarding your device’s network connections, potentially harmful
URLs, the operating system and apps installed on your device through
Google Play or from other sources in order to protect you against
malicious third-party software, URLs and other security issues.
Besides, Google may warn you if it considers an app or URL to be
unsafe, or Google may remove or block its installation on your device
if it is known to be harmful to devices, data or Users. You may choose
to disable some of these protections in the settings on your device,
nevertheless, Google may continue to receive information about
installed through Google Play, and apps installed on your device from
other sources may continue to be analyzed for security issues without
sending information to Google.
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REGISTRATION AND PASSWORDS
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Registration: The App requires a registration, the App requires you to create an
account to participate or access all the features and functionalities
of the App. The App requires you to register with your country
information derived from your country code (the international call
prefix in all countries), phone number and username information as
further stipulated in the Privacy Policy.[e] We use authentication methods to verify the information you
provided to Codeway is accurate and up-to-date when registering the
App. Any registration required by Third-Party Partners is not governed
by this Agreement and you should refer to the relevant Third-Party
Partners’ website for their policies.
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Passwords: As of now, registration process in the App does not require you to
allocate a password to log in. Nevertheless, the App may require you
to allocate a password to your account in the future. If that is the
case, you are the sole and exclusive guardian of any password and ID
combination issued or chosen by to you. Maintaining the
confidentiality and security of your password(s) and ID(s) is solely
your responsibility. You are fully responsible for all transactions
undertaken by means of any account opened, held, accessed or used via
your password and ID. You shall notify us immediately and confirm in
writing any unauthorized use of accounts or any breach of security,
including without limitation any loss, theft, leak, or unauthorized
use of your password(s), and/or ID(s) or any related account. If we
have reasonable grounds to suspect that the security of your password
and/or ID has been compromised, we may suspend or terminate your
account, refuse any and all current or future use of the Services, and
pursue any appropriate legal remedies. We shall not be responsible for
any losses incurred in connection with any misuse of any password or
ID.
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Provided Information: If you provide any information in connection with a Registration, you
are required to provide or maintain accurate, complete and current
information. If we have reasonable grounds to suspect that your
information is inaccurate, not current or not complete, we may suspend
or terminate your use of the App and pursue any appropriate legal
remedies. You agree that we shall have the right to use the
information you provide to us for the purposes described in this
Agreement and in furtherance of your use of the App and our
Services, as per the Privacy Policy[f].
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UNINSTALL AND REMOVAL OF THE APP
Uninstallation and removal procedures vary depending on your device. To
uninstall and remove the App, please use the application manager
provided with your device or consult your device manual for further
reference.
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CONSENT TO USE OF DATA AND USER REVIEWS
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You agree that we may collect and use technical data and related
information, including and not limited to technical information about
your device, system and application software and peripherals, that is
gathered periodically to facilitate the provision of software updates,
product support and other services to you (if any) related to the App.
We may use this information as per the Privacy Policy[g].
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If you choose to provide app store reviews or reviews via any social
media channel or other similar communication or messaging features or
services, such information may be made publicly available, including
the public-facing username as it appears with the review. If you
prefer that we do not use promotional purposes, you will be able to
elect for us not to do so by submitting your request support@codeway.co (please also indicate your name, mailing address and email
address). For security purposes, please do not include any password,
social security number, national ID number, payment card or other
sensitive information via these features. We have the right, but not
the obligation, to monitor messages and communications between and
among Users for security and training purposes. We may, but are not
obligated to, remove any content we deem inappropriate.
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If you download the App through Google Play, please be aware that,
posting reviews on Google Play shall be subjected to Google
Play’s relevant policies.
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INTELLECTUAL PROPERTY RIGHTS
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Codeway is the sole proprietor of products and/or Services, projects,
documents used at the App in connection with the Services and visuals,
texts, bulletins, slogans, videos, designs and know-how and any
business data, illustrations, database, system flow data, logo, emblem
and data, ideas or the Codeway trademarks and trade dressing, flows,
source codes, researches, codes, methods, statistical figures and
financial and moral rights and all other intellectual property rights
during preparations for the Agreement and during its term for the
supply of the Services. All rights that are vested in it under the Law
on Intellectual and Artistic Works numbered 5846 of Turkey (the
“Law No. 5846”) and the applicable legislation in connection with such
contents shall be the exclusive property of the Codeway. Accordingly,
the User agrees and represents that he/she shall not commit any
reverse engineering or attempt to find or acquire the source code of
the App nor shall it violate the security of any network or crack
security encryption codes; it shall not send SPAM mails or load
malicious software; that otherwise the User shall be liable for all
losses that Codeway and third parties may sustain.
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For the avoidance of doubt, “intellectual property
rights” means, collectively, rights under patent, trademark,
copyright and trade secret laws and any other intellectual property or
proprietary rights recognized in any country or jurisdiction
worldwide, including, without limitation, moral or similar rights. The
User may not delete, alter or remove any copyright, trademark or other
proprietary rights notice the Codeway or Third-Party Partners have
placed on or within the App. Please be aware that all rights not
expressly granted hereunder are expressly reserved to the Codeway and
its licensors. Nothing contained in herein should be construed as
granting, by implication, estoppel or otherwise, any license or right
to use any of our trade names, trademarks or service marks without our
express prior written consent.
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Codeway allows you to create, upload, post, transmit, receive and
store content within the scope of Services. In that case, you retain
all ownership rights to the content. However, you grant us a license
to use that content. The comprehensiveness of this license depends on
the Services you use through the App. For Content you submit to
the App, you grant Codeway a worldwide, royalty-free, sublicensable
and transferable license to store, host, cache, use, display,
reproduce, modify, adapt, edit, publish, analyze and distribute that
content. This license is for the purpose of operating, developing,
providing, promoting and improving the Services, and researching and
developing new Services. This license includes the right to make your
content available and sublicense these rights to service providers
with whom we have contractual relationships in connection with the
provision of Services.
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User accepts and undertakes to not engage in or use any data mining,
robots, scraping, or similar data gathering or extraction methods on
the App. If the User is banned by Codeway from accessing the Service,
the User agrees not to implement any measures to circumvent such
blocking (e.g., by masking your IP address or using a proxy IP address
or virtual private network). The User is solely responsible for any
content that he/she contributes, submits, displays or for any
adaptations of works made on or through use of the App. It is the
User’s obligation to ensure such content, including photos,
texts, documents, videos and music files, does not violate any
copyright or other intellectual property rights.
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Codeway respects and expects its Users to respect the rights of
copyright holders. On notice, Codeway will act appropriately to remove
content that infringes the copyright rights of others. Codeway
reserves the right to disable the access to the App or other services
by anyone who uses them to repeatedly infringe the intellectual
property rights of others.
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Codeway also acts to remove objectionable content. The decision to
remove objectionable content shall be made at Codeway’s sole
discretion. Objectionable content includes, but is not limited to:
content that infringes any intellectual property or other proprietary
rights of any party, content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory or libelous; content that is
hateful or advocates the hate crimes, hate speech and all types of
discrimination, harm or violence against a person, group or minority;
content that may harm minors in any way; content that has the aim or
effect of stalking or otherwise harassing or bullying another; private
information regarding any individual such as phone numbers, addresses,
national ID numbers, Social Security numbers or any other information
that is invasive of another’s privacy; content that is vulgar,
offensive, discriminative, obscene or pornographic, unsolicited or
unauthorized advertising, promotional materials, contecnt that poses
security risk to any person, content contains software viruses or any
other computer code, files or programs designed to interrupt, destroy,
or limit the functionality of any computer software or hardware or
telecommunications equipment, junk mail, SPAM, chain letters, pyramid
schemes or any other form of solicitation; material that contains
software viruses or any kind of malicious software or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer or mobile device software or
hardware or telecommunications equipment.
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Codeway does not and cannot pre-screen or monitor all content.
Nevertheless, our representatives may monitor content submission
through the App, and you hereby provide irrevocable consent to such
monitoring. The User acknowledges and agrees that he/she has no
expectation of privacy concerning the submission of any content.
Codeway has the right, but not the obligation, in its sole discretion
to edit, modify, and refuse to post or remove any content.
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Unless otherwise set forth at the point of submission, you retain
ownership of all rights in any content that you submit, through your
use of the App. Nevertheless, you grant us permission to use such
content in any way we see fit, for example for the purposes of
promotion of the App. If you send submissions, such as creative
suggestions, ideas, notes, drawings or other information, to Codeway,
such submissions shall be deemed and shall remain the property of
Codeway. None of such submissions shall be subject to any obligation
of confidence on the part of Codeway and Codeway shall not be liable
for any use or disclosure of any submissions. Without limitation of
the foregoing, Codeway shall exclusively own all now known or
hereafter existing rights to such submissions of every kind and nature
throughout the universe and shall be entitled to unrestricted use of
such submissions for any purpose whatsoever, without compensation to
the content provider of such submissions. For the avoidance of doubt,
you hereby assign to Codeway all rights, title and interest in and to
such submissions and hereby waive any moral rights relating to such
submissions in favour of Codeway and its assignees, licensees and designees. Under
law systems which do not let the waiver of such moral rights, you
hereby acknowledge, declare and undertake that; with this Agreement,
you grant Codeway the authorization to use moral rights and
authorization to authorise third parties to use such moral rights, indefinitely (in a way
that it will continue even after if this Agreement is terminated),
unlimited in number and subject, globally (internationally) applicable
–without any geographical limitations–, transferable,
sublicensable, irrevocably, free of charge, exclusively, and
unconditionally in favour of Codeway and its assignees, licensees and designees.
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The User may not use Google Play or any content or the App in
conjunction with any stream- ripping, stream capture or similar
software to record or create a copy of any content or additional
in-app features that are presented to you in streaming format, if any.
Besides, the User may not remove any watermarks, labels or other legal
or proprietary notices included in any content or additional in- app
features or attempt to modify any content obtained through Google
Play, including modification for the purpose of disguising or changing
any indications of the ownership or source of content and/or the
App.
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Codeway shall be entitled to terminate the User’s access to the
App if, under appropriate circumstances in line with aforesaid
provisions, the User is determined to be a repeat infringer.
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RIGHTS INFRINGEMENTS
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Codeway attaches great importance to confidentiality, intellectual
property rights including copyrights and personal data; takes care to
be transparent about them. While using App, Users declare and
undertake to use App following the principles in this Terms of Use and
other texts provided to you by Codeway. Users shall only upload
materials they produce or are authorized to use to App. Users
declare and undertake to not infringe of any rights of other Users
under this Terms of Use.
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However, if you believe in good faith that materials transmitted or
created through the App infringe your copyright, your personal right
or privacy; you may send Codeway a notice requesting that we remove
the material or block access to it by filling out this form[h].
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IN-APP PURCHASE AND PAYMENT
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The release and distribution of the App will take place in the global
market through the Apple App Store and/or Google Play. The App may
nevertheless offer certain features and certain limits to the User as
a paid feature through in-app purchase. If the User would like to use
such paid features under this Agreement, you will first need to make
payment before accessing the paid feature.
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Such in-app purchase features are offered on an annual,
semi-annual, quarterly, monthly or a weekly basis and will be
re-billed every year or month by the Apple App Store and/or Google
Play, depending upon auto-renewable subscription model, until
cancelled by the User. The Apple App Store and/or Google Play
will send an e-mail well in advance of renewal containing a hyperlink
to manage subscription procedure. App payments will be processed
through the Apple App Store and/or Google Play from which you
originally downloaded the application. You may access the applicable
in-app purchase rules and policies directly from the Apple App Store
and/or Google Play. You acknowledge and agree that you are fully
responsible for managing your in-app purchases and the amount you
spend on in-app purchase within the App.
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Please be aware that, in order to purchase content or the App through
Google Play, you are required to have a Google Payments account and
agree to the Google Payments Terms and Terms of Service. The Google
Payments Privacy Notice applies whenever your purchase content using a
Google Payments account. You are responsible for all amounts payable
associated with purchases made through Google Play on your Google
Payments account. Besides, Google may make available to you various
payment processing methods in addition to Google Payments to
facilitate the purchase of content or the App through Google Play. You
are required to abide by any relevant terms and conditions or other
legal agreement, whether with Google or a third party, that governs
your use of a given payment processing method. Google may add or
remove payment processing methods at its sole discretion. You are
solely responsible for all amounts payable associated with purchase
you make on Google Play.
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In order to determine your eligibility to have purchases of content
or the App that you make through your devices billed to your network
provider’s account, when you create a Google Play account on a
device, Google Play shall send identifiers of your device to your
network provider. To permit this you shall need to accept the network
provider’s terms of service. The network provider may send us
your billing address information. Google Play hold and use this
information as per Google’s Privacy Policies and Google Payments
Privacy Notice.
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If you are under 18 then you are legally required to have you
parents’ or legal guardians’ permission to make any in-app
purchases. By completing an in-app purchase, you are confirming to us
that you have any and all permission that may be necessary in order to
allow you make that in-app purchase. If you are a parent or
legal guardian of someone under the age of 18, we recommend that you
consider any parental control that may be provided by the Apple App
Store and/or Google Play, provided that you are concerned that your
child may make excessive in-app purchases.
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The in-app purchases are purchased from and billed by the Apple App
Store or Google Play, not Codeway. These purchases are subject to the
terms and conditions of the Apple App Store and/or Google Play. All
billing and refund inquiries shall be directed to the Apple App Store
and/or Google Play. Having said that, Codeway does not have access to
the Apple App Store and/or Google Play accounts and
transactions.
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If any in-app purchase is not successfully downloaded or does not
work once it has been successfully downloaded, we will, after becoming
aware of fault or being notified of the fault by you, investigate the
reason for the fault. We will act reasonably in deciding whether to
provide you with a replacement in-app purchase or issue you with a
patch to repair the fault. In no event we will charge you anything
further to replace or repair the in-app purchase. In the unlikely
event that we are unable to replace or repair the relevant in-app
purchase or are unable to do so within a reasonable period of time and
without significant inconvenience to you, we will authorise the Apple App Store and/or Google Play to refund you an amount
up to the cost of the relevant in-app purchase. Alternatively, if you
wish to request a refund, you may do so by contacting the Apple App
Store and/or Google Play directly.
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You acknowledge and agree that all billing and transaction process
are handled by the Apple App Store and/or Google Play from whose
platform you downloaded the App and governed by the Apple App Store
and/or Google Play’s terms and conditions/end user licence agreement. If you have any payment related issues with in-app
purchases, then you need to contact the Apple App Store and/or Google
Play directly.
14. TERM AND TERMINATION
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This Agreement shall become effective on the date it is approved and
shall remain in force as long as the User maintains to use the App and
shall continue to be effective and operative as between Codeway and
the User legally.
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Codeway may unilaterally terminate this Agreement without any
obligation of compensation and further notice under any circumstance
where the User acts in breach of this Agreement, or any other
agreements to be executed or rules applicable to different services
offered over the Apple App Store and/or Google Play, in particular,
following circumstances: if the User manipulates the operation of the
App by employing any method; if the User acts in breach of the
provisions of this Agreement or any other agreements to be executed
over the Apple App Store and/or Google Play; if the User commits any
act that violates third party rights; if data, contents, visuals,
texts and articles shared with the App, by the User, have unlawful
element or even if they are free of unlawful or immoral elements,
posting such data, contents, visuals, texts and articles at the App
for unlawful or immoral purposes. Codeway also may unilaterally
terminate this Agreement without any obligation of compensation and
further notice under any circumstance where the User:
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acts contrary to the provisions of the current legislation and the
regulations on internet use,
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fails to provide up-to-date and accurate information about oneself,
to use information illegally acquired from others,
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illegally obtains or attempt to obtains other Users’
information,
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creates multiple accounts using information and/or documents (real or
fake) that belong to third parties and/or to use the Platform in a way
that shall mislead Codeway and the Users about his/her own identity,
by changing/anonymizing the IP address or by other means,
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unlawfully changes, uses or attempts to change and use the
information published by Codeway,
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violates personal and intellectual property rights of Codeway and/or
a third party,
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uploads, shares, publish any content that is unlawful, obscene,
violates the confidentiality of others, pornographic, contains or
depicts nudity,
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engages in acts that may damage the reputation of Codeway and/or a
third party or obstruct Codeway's activities,
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delivers unlawful information and/or share harmful data such as chain
mail, malware, viruses,
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including but not limited to the following, to share or sign
information or documents that violate the rights of third parties,
constitutes unfair competition, is unlawful and/or immoral,
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engages in behaviours and activities that will adversely affect/obstruct or
manipulate the operation of the App, to disable security systems
and
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makes the App unusable or make an attempt in this manner by preparing
automatic programs.
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The User agrees that Codeway shall not be liable to the User or any
third- party for any termination or disabling of the App. Promptly
upon termination of this Agreement, the User must cease all use of the
App and uninstall, remove or destroy all copies of the App in its
possession or control. Having said that, termination shall not limit
any of Codeway’s other rights or remedies at law.
- INDEMNIFICATION
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You agree to indemnify and hold harmless Codeway, its affiliates and
Codeway’s and its affiliates officers, directors, licensors,
partners, shareholders, licensees, contractors, agents, attorneys,
employees and third party service providers (collectively, the
“Indemnitees”) from any and all claims, liabilities, costs
and expenses, including reasonable attorneys’ fees
(collectively, “Claim(s)”), that actually or allegedly
result from your information, use of the Services or your breach of
this Agreement.
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You agree to be solely responsible for defending any Claim against or
suffered by any Indemnitee, subject to the relevant Indemnitee’s
right to participate with counsel of its own choosing and for payment
of damages or losses resulting from all claims against any Indemnitee
provided that you will not agree to any settlement that imposes any
obligation or liability on any Indemnitee without Codeway’s
prior express written consent.
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Any questions, comments, suggestions, ideas, criticisms or other
information about the Service the User provides to Codeway are
non-confidential and Codeway shall have the right to use and
disseminate such content without restriction for any commercial
purpose or any other purposes, without the need of acknowledgment,
attribution or compensation to the User.
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WARRANTY DISCLAIMER
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To the extent this is permitted by applicable law, all the App is
provided on an “AS IS”; “WITH ALL FAULTS” and
“AS AVAILABLE” basis and you use them at your sole risk.
Subject to applicable law, Codeway, on behalf of itself, and its
affiliates, licensors, distributors, vendors, agents and suppliers,
expressly disclaims any and all warranties of any kind, whether
express or implied, including but not limited to the implied
warranties of merchantability, non-infringement and any other warranty
arising from the relevant legislation.
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Without limitation, Codeway makes no warranty that the App will meet
your requirements, that they will be uninterrupted, timely, secure or
error-free, that the results obtained from the use of the Codeway
products will be accurate or reliable or that the quality of the App
will meet your expectations. Codeway assumes no liability or
responsibility for any property damage of any nature whatsoever,
resulting from your access to and use of the App; any unauthorized
access to or use of our secure servers and/or any and all personal
information and/or financial information stored therein; any
interruption or cessation of transmission to or from the App or
servers; any bugs, viruses, Trojan horses or like which may be
transmitted to or through the App by any third party or any errors or
omissions in any content or for any loss or damage of any kind
incurred as a consequence of the use of any content posted, e-mailed,
transmitted or otherwise made available via the App.
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The entire risk arising out of use or performance of the App remains
solely on you. Codeway expressly disclaims all warranties relating to
products and/or Services provided by Third Party Partners. This
warranty disclaimer constitutes an essential part of this
agreement.
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LIMITATION OF LIABILITY
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To the extent permitted by applicable laws, you expressly understand
and agree that Codeway shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but
not limited to, damages for loss of profits, goodwill, use, data or
other intangible losses, resulting from: (i) the use or the inability
to use the App; (ii) unauthorised access to or alteration of your transmission or data; (iii)
statements or conduct of any third party or (iv) any other matter
relating to Codeway.
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In no event shall Codeway’s total liability to you for all
damages, losses and causes of action (whether in contract, tort or
otherwise) exceed the amount paid by you for accessing the App. The
foregoing limitations will apply even if the above stated remedy fails
of its essential purpose.
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Nothing contained in this Agreement shall be deemed or construed to
create any employee/ employer relationship under the Labour Code numbered 4857 of Turkey or applicable legislation.
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FORCE MAJOR EVENT AND APPLICABLE LAW
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In all circumstances that constitute a force major event in legal
terms, Codeway shall not be held liable for its failure to perform its
obligations hereunder or to perform them late or incompletely agreed
herein. Such failures shall not be considered a default, or incomplete
or faulty performance and no claim of compensation shall be made
against Codeway.
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The term “force major events” herein refers to any event
that is beyond the reasonable control of the affected party and that
cannot be avoided despite the reasonable care and diligence shown by
Codeway, including but not limited to God’s acts, riots,
insurgences, turmoil, war, communication interruptions,
infrastructural and internet network failures, power failures,
mobilization, strike, fire, explosion, terrorism, cyber attack,
long-term and far-reaching power outage, internet outage, computer
viruses and legislative amendments and adverse weather
conditions.
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The User shall not be able to accrue default interest or claim
indemnification from Codeway under any name whatsoever for the
delayed, incomplete or non-performance of any of the provisions in
this Agreement due to force majeure events.
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This Agreement and legal relations arising hereunder shall be
governed and construed as per Turkish law. Turkish Courts
(İstanbul Courts of First Instance) shall have jurisdiction over
any actual or potential dispute arising from this Agreement. To the
maximum extent permitted by law, you hereby consent to the
jurisdiction and venue of such courts and waive any objections to such
jurisdiction and venue.
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ENTIRE AGREEMENT AND SEVERABILITY
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These Terms constitute the entire agreement between you, as the User,
and Codeway relating to the use of the App and Services and supersedes
all prior or contemporaneous understandings regarding such subject
matter.
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The failure of either party to enforce any rights granted hereunder
or take action against the other party in the event of any breach
herein shall not be deemed a waiver by that party as to subsequent
enforcement of rights or subsequent actions in the event of future
breaches.
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Any translation of this Agreement is done for local requirements and
in the event of a dispute between English and any non-English
versions, the English version of this Agreement shall govern to the
extent not prohibited by law.
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If any terms or provision of this Agreement is declared void or
unenforceable in a particular situation, by any judicial or
administrative authority, this declaration shall not affect the
validity of enforceability of the remaining terms and provisions
hereof or the validity or enforceability of the offending term or
provision in any other situation. To the extent possible the provision
will be interpreted and enforced to the greatest extent legally
permissible in order to effectuate the original intent and if no such
interpretation or enforcement is legally permissible, shall be deemed
severed from the Terms.