END USER LICENSE AGREEMENT
END USER LICENSE AGREEMENT
Date: March 09, 2019
This End User License Agreement is a valid agreement between You and the
Company. Please, read this EULA carefully. The rules of the EULA are binding upon
You. If You do not agree to be bound by the rules of the EULA, please, do not
install the Application or delete it from the Device, if You have already installed it.
If You continue to use the Application, this will mean that You have read and
understood the EULA and agree to be bound by it.
DEFINITIONS AND TERMS
In order to understand the rules of the EULA clearly you shall familiarize yourself
with the meaning of terms used in the EULA. In this EULA the following terms,
when capitalized, shall have the following meanings:
“Account” – means a personal account of a user of the Platform services, which is
provided by the Platform Administration under the Platform Terms of Use or
similar document. The Account is accessed with a Platform ID (account name)
and a password.
“App Store” – means a virtual store (platform) managed by Apple for distribution
of applications for devices running iOS operating system.
“Apple” – means Apple, Inc., a company incorporated in California, the United
States of America, any parent or group company or any successor thereof that
manages App Store.
“Application”, “App” – means an application for a mobile device that We make
available on the Platform, as well as any services provided through the
Application.
“Company”, “We” – means Uzumcu Teknoloji Reklam Pazarlama San.ve Tic.
Ltd.Şti., a company incorporated in the Turkey at the following address:
Çobançeşme Mah., Sanayi Cad. Nish İstanbul C Blok No:157, 34520
Bahçelievler/İstanbul.
“Content” – means all kinds of content, including, among other, data, texts,
images, videos, sounds, links, software and other pieces of information in any
form, which are made available to You through the App.
“Device” – means a smartphone, a tablet or another similar mobile device that
You either own or otherwise legally control exclusively for Your personal non-
commercial use.
“EULA” – means this End User License Agreement, which is a binding agreement
between You and the Company. The EULA may incorporate other documents,
such as Privacy Policy that regulate relations between You and Us with regard to
using the Application. If a document represents a part of the EULA, it has a clear
indication thereof.
“Google” – means Google Inc, registered in Delaware, USA with the headquarters
located at the address: 1600 Amphitheatre Parkway, Mountain View, CA 94043,
USA; Google Ireland Limited registered in Ireland with the headquarters located
at the address: Gordon House, Barrow Street, Dublin 4, Ireland; Google
Commerce Limited registered in Ireland with the headquarters located at the
address: Gordon House, Barrow Street, Dublin 4; as well as Google Asia Pacific
Pte. Limited registered in Singapore with the headquarters located at the
address: 8 Marina View, Asia Square 1 #30-01, Singapore 018960.
“Intellectual Property Rights” – means, collectively, rights under any 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.
“Platform” –App Store (for users who use the Application on a Device running iOS
operating system).
“Platform Administrator” –Apple (for App Store virtual store).
Subscription” – means a period, during which You use the App as a whole or
certain additional Content for a fee.
“User-generated Content” – means any form of Content, including, among other,
data, texts, images, videos, sounds, links, that have been posted by users to
online platforms, for example, social networks (e.g. Instagram, Facebook).
“You” – means an individual using the App.
LEGAL CAPACITY AND AGE
The Application is designed for users over 16. If You install and/or use the App,
You confirm that You are at least 16 years old and have full legal capacity to enter
into the Agreement.
If You are between 16 and 18 years old, Your parent, guardian or other
representative of legal age has to check and agree to this EULA on Your behalf. If
You install and/or use the App, You confirm that Your parent, guardian or other
representative of legal age has agreed to the terms of this EULA and permits You
to use the App.
CHANGES OF THE EULA
We may introduce changes to this EULA from time to time. You shall regularly
check the latest version of the EULA at the link, available on the web-page of the
App on the Platform.
If You do not agree with the terms of the updated EULA, You are not allowed to
use the Application starting from the day, on which the updated EULA takes
effect. In this case You shall delete the App from all Your Devices and cancel
renewal of your Subscriptions.
DEVICE
If You intend to download onto and/or run the App on any Device not owned by
You, You must have the owner’s permission to do so. You will be responsible for
complying with this EULA whether or not You own the Device.
If You do not own the Device, You are allowed to install and/or use the App only
through Your Account.
If You use the Device together with other people, please, make sure that nobody
except You can use the Application from Your Account. All actions taken in Your
Account are considered Your actions in disregard of who actually takes such
actions. You are fully responsible for all actions taken in Your Account.
If You decide to sell or otherwise dispose of the Device, You shall delete the
Application from the Device.
INTELLECTUAL PROPERTY
We hereby grant You a non-exclusive, personal, limited, revocable and non-
transferable license to access, download and run the App only on Your Device,
provided that You agree to comply with all the terms and conditions of this EULA.
Please, take into consideration that the App is licensed, not sold, to You.
The Company or the licensor of the Company is the only holder of Intellectual
Property Rights with regard to the Application. The Company retains all rights,
title and interest in and to the App and reserves all rights not expressly granted
to You in this EULA.
You may not sell, resell, distribute, redistribute, rent, lease, sublicense, assign,
copy, or in any other way transfer or grant any rights to the App to any third
party.
You may not distribute or make the App available over any network where it
could be downloaded or used by multiple users at the same time, except when it
is expressly authorized by Us.
You may not use any automatic or manual device or process to interfere with the
proper working of the App. However, You may use any kind of device or process
to delete the App from Your Device.
You may not decompile, disassemble, reverse engineer or create derivative works
of the App or any parts thereof. All modifications or enhancements to the App
remain the sole property of Company.
You may not use the App in any unlawful manner, for any unlawful purpose, or in
any manner inconsistent with this EULA or act fraudulently or maliciously, for
example, by hacking into or inserting malicious code, such as viruses, or harmful
data, into the App.
UPDATES
We may, though not obliged, update the App from time to time, making such
updates, supplements or new versions of the App available to You. If We release
an update (including a new version of the App) We may request You to update the
App. The update may be downloaded and installed automatically or on the basis
of Your consent depending on the updates settings of Your Device.
The content of any update, supplement or new version of the App is determined
exclusively by the Company. Under no circumstances do We accept any orders,
requires or requests for further development of the App. We reserve the right to
modify or discontinue any part, or function, or feature of the App at Our own
discretion with or without a prior notice.
If We introduce certain features or functions of the App, We may need to set
certain rules for using such features or functions. In this case We will introduce
changes to the EULA that will take effect on the day when such features or
functions are released.
SUBSCRIPTION. TRIAL PERIOD
This App as a whole or its certain part (additional Content) is provided on a paid
subscription basis. The fee may vary depending on the period of the Subscription
duration.
The Subscription will renew automatically for the same period at the end of the
Subscription at the cost of the chosen package. Your Account will be charged for
the renewed Subscription within 24 hours prior to the end of the current
Subscription.
You may cancel renewal of the Subscription at least 24 hours before the end of
the Subscription: in this case the App as a whole or its additional Content will be
available to You until the end of the Subscription. In order to cancel automatic
renewal of the Subscription, please, change subscription settings of Your Account.
After the end of the Subscription the App as a whole or its additional Content will
be available only if a new Subscription is purchased.
If You uninstall the App, Your subscription will not stop automatically. You must
cancel automatic renewal of Your subscription in order not to be charged with the
cost of the new Subscription.
The App provides for a free 3-day trial period. You may use the App of its
additional Content free of charge during this period. Please, take into
consideration that at the end of the trial period it will automatically transform into
a paid Subscription for the shortest period available and Your Account will be
charged for the cost of such Subscription, unless You cancel the Subscription
through the subscription settings of Your Account at least 24 hours prior to the
end of the free trial period.
FEES AND PURCHASE TERMS
The costs of all Subscriptions are available on the web-page of the App on the
Platform.
When You purchase a Subscription, the Platform Administrator charges Your
Account and collects money on Our behalf. The payment is processed by a
payment processing system implemented by the Platform Administrator.
Please, kindly notice that We neither process Your payment nor have any access
to Your payment information, such as, among other, Your bank card data, Your
name or any other related information.
Should You have any question with regard to payment processing, please, submit
Your issue to user support service of the Platform Administrator.
Your Account is charged with the cost of the new Subscription within 24 hours
prior the end of the current Subscription. If You cancel automatic renewal within
the last 24 hours of the Subscription, such cancellation will take effect at the end
of the new Subscription.
Please, kindly notice that We do not make refunds. The digital content is made
available to You immediately after the Subscription fee is charged to Your
Account.
USER-GENERATED CONTENT
Some of Our Apps provide You with an opportunity to track analytical data with
regard to Your social network profile (e.g. Instagram). Functionality of such Apps
make it possible to view not only Your posts published in a social network, but
also posts of other users of this social network, if such users are somehow
connected to You (for example, they “follow” You). Such posts, whether published
by You or by any other person, are considered User-generated Content.
As far as You may access posts of other Instagram users, You may be exposed to
potentially objectionable User-generated Content. Please, take into account that
the Company neither controls nor pre-checks any User-generated Content posted
on any social network.
Any kind of modifications or censorship by the Company with regard to the User-
generated Content may be considered violation of human rights or copyright and
may potentially mislead You.
If You have been exposed to any kind of objectionable content, You may use
functionality of the respective social network to track and delete objectionable
User-generated Content.
Under no circumstances shall the Company be responsible for any User-
generated Content.
RELATED SERVICES AND ADVICE
Some of Our Apps are devoted to astrology, horoscopes, palmistry and alike.
Please, take into account that any kind of data provided to You through the App
are provided for information purposes only. It is up to You whether to use this
information as the basis for Your everyday activities and decisions. Under no
circumstances shall We be responsible for any consequences of using such
information as the basis for Your everyday activities and decisions.
LINKS TO EXTERNAL SITES AND SERVICES
The App may contain links to external sites and services (for example,
applications for mobile devices). If You decide to visit and/or use such external
sites and services, You do this at Your own risk. Under no circumstances shall We
be responsible for the content of such sites and services. We cannot guarantee
that these sites and services will be available for You or that Your use of such
sites and services will be safe.
This EULA does not regulate Your relations with owners and/or administrators of
such external sites and services. Please, check an end user license agreement,
terms of service, privacy policy or any other related document that regulates
usage of external sites and services.
DISCLAIMER
To the fullest extent permitted by applicable law, We and Our affiliates, officers,
employees, agents, partners, and licensors expressly disclaim all warranties of
any kind, express or implied, as to the accuracy, adequacy or completeness of
any of the information contained in Our Apps or created by the services.
The Content in Our Apps is provided to You on an “as is” basis, without any
warranties as to merchantability or fitness for a particular purpose or use. We do
not guarantee that You will attain any anticipated result from the use of the Apps.
We make no warranty that:
the App will meet Your requirements;
the App will be error-free, secure, or uninterrupted;
any App functionality errors will be corrected;
the quality of the App will meet Your expectations.
Any service downloaded or otherwise accessed through the use of Our Apps is at
Your own discretion and risk and We shall have no responsibility or liability for any
errors or omissions. We are not responsible for any damages, whether direct or
indirect, special or consequential, suffered by You or by any other person from
the use of the Apps, even if You have been advised of the possibility of such
damages. No advice or information, whether oral or written, obtained by You from
Us or Our Apps shall create any warranty not expressly stated in the EULA. Under
no circumstances shall Our liability or of any of Our affiliates pursuant to any
cause of action, whether in contract, tort, or otherwise, exceed the fee paid by
You for access to the Apps. Furthermore, We shall have no responsibility or
liability for delays or failures due to circumstances beyond Our control.
TRANSFER OF RIGHTS
We may transfer Our rights and obligations under this EULA to any other
organization or individual without Your consent. We will always tell You in writing
if this happens and We will ensure that the transfer will not affect Your rights
under the EULA.
You may only transfer Your rights or Your obligations under this EULA to another
person if We agree in writing.
YOUR VIOLATION OF THE EULA
We may end Your rights to use the App at any time by contacting You if You have
broken the rules of this EULA in a serious way. If what You have done can be put
right We will give You a reasonable opportunity to do so.
If We end Your rights to use the App:
You must stop all activities authorized by this EULA, including Your use of the
App; and
You must delete or remove the App from all Devices and immediately destroy all
copies of the App which You have and confirm to Us that You have done this.
MISCELLANEOUS
Each of the paragraphs of this EULA operates separately. If any court or relevant
authority decides that any of them is unlawful, the remaining paragraphs will
remain in full force and effect.
Even if We delay enforcing this EULA, We can still enforce it later. If We do not
insist immediately that You do anything You are required to do under this EULA
terms, or if We delay taking steps against You in respect of Your breaking the
EULA, that will not mean that You do not have to do those things and it will not
prevent Us taking steps against You at a later date.
This EULA shall be governed and construed in accordance with the laws of
İstanbul, Turkey, without regard to its conflict of law provisions.
If any dispute, controversy or difference arises between You and the Company, it
shall be settled amicably through negotiations. In case such dispute, controversy
or difference cannot be settled amicably through negotiations within a thirty 30-
day period it shall be shall be settled by the Tuketici Hakem Heyetleri (Turkey) in
accordance with its International Expedited Procedures.
The number of arbitrators shall be one.
The place of arbitration shall be İstanbul, Turkey
The arbitration shall be held, and the award rendered, in Turkish.
The appointing authority shall be the Tüketici Hakem Heyetleri acting in
accordance with the rules adopted by the Tüketici Hakem Heyetleri for this
purpose.
Each party (i.e. You and the Company) shall bear its own expenses, but the
parties shall share equally the expenses of the arbitration tribunal.
Support. If You want to learn more about the App or have any problems using it,
please, contact Us at support@scannerjet.net