Terms Of Use
Effective as of August 15, 2020)
Welcome to ThemeKit, an application provided by 232 Elektronik Hizm. ve Tic. A.Ş. (the “Company”).
The following Terms of Use (“Terms”) apply when you use the ThemeKit app (the “App”) or the service provided via the App (the “Service”), sometimes collectively referred to as the “App.”
Please review these Terms carefully. By accessing or using the App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the App.
About The App
The App offers icons and wallpaper collections for iOS. Also, please note that the App is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
Paid Services
You may be able to make in-App purchases, in which case the fee is collected via Apple (for iOS) and Google (for Android) (our “Billing Service Providers”). We may also offer subscriptions, which can also be paid for via Apple and Google. Information about paid Services is here and here.
You will be required to provide the Company and/or its Billing Service Providers with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your subscription plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed. You can terminate your use of the Service and otherwise manage your account using the App. We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change within the App. Your continued use of the App after the fee change becomes effective constitutes your agreement to pay the changed amount. Certain subscription offerings may include a free trial prior to charging your payment method. If you decide to unsubscribe from such a subscription before the Company starts charging your payment method, you must cancel the subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the subscription period. If you properly terminate your paid subscription, you will not be charged for future months (or other periods, as stated in the subscription terms). However, you will not receive a refund for an unused portion of a month (or other period) for which you have already paid. No refunds are offered for any products or services offered via the App. YOU ACKNOWLEDGE THAT IF YOU ELECT TO PURCHASE A SUBSCRIPTION YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES (INCLUDING OUR FEES AND CREDIT CARD HANDLING FEES) HAVE BEEN INCREASED.
Content And Restrictions
You may provide an email and your name using the App. Your User Content belongs to you. By publicly sharing any User Content, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to ThemeKit a royalty-free, sub-licensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly display, and make derivative works of User Content that you process via the App, without any further consent, notice and/or compensation to you or others. Other users may access and share your User Content if you share it via, for example, social media platforms such as Instagram. If you wish to remove your User Content from the App, simply delete it from the App, or delete the App from your device. You are solely responsible for the User Content that you make available via the App or otherwise. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. By transmitting and submitting any User Content while using the App, you agree as follows: You are solely responsible for the activity that occurs while using the App; You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the App is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content.
Age Restriction
You need to be at least 13 years old to use the App.
Use Restrictions
Your permission to use the App is conditioned upon the following restrictions and conditions.
You agree that you will not:
attempt to decipher, reverse engineer, decompile, or disassemble any portion of the App or the software used to provide the Service; use, display, mirror or frame the App or any individual element within the App, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the App, without Company’s express written consent; attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure (including watermarks) implemented by Company or any of Company’s providers or any other third party (including another user) to protect the App; remove any copyright or other proprietary notices from materials provided within the App; use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent; use the App in any manner not permitted by these Terms; impersonate or misrepresent your affiliation with any person or entity; use the App for any unlawful purpose or for the promotion of illegal activities; use the App to attempt to, or harass, abuse or harm another person or group; use another user’s account without permission; interfere or attempt to interfere with the proper functioning of the App; make any automated use of the App, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; use the App to post content that is offensive, obscene, or could constitute or contribute to a criminal or civil offense, including copyright and other intellectual property right violations; use the App in a manner which would or would likely incite, promote or support discrimination or incite or promote hostility or violence; publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device; or encourage or enable any other individual to do any of the foregoing. Monitoring And Compliance Although the Company is not obligated to monitor access to or use of the App, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable your access to the App, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content you upload in connection with the App to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Intellectual Property
Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Except as expressly provided in these Terms, no part of the App and no Company Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. The Company reserves all rights that are not expressly granted to you under these Terms.
Contributions To Company
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Company through its website, email, or social media accounts, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Company may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Company without any obligation of Company to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Company under any circumstances.
Indemnification
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the App or Service; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the App, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information in the App and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends using the App. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted using the App.
Warranty Disclaimer
THE APP AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APP AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED VIA THE APP OR SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
Limitation Of Damages – Release
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE APP OR SERVICE; (C) THE APP OR SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APP AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE APP OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
Modification Of Terms Of Use
The Company can amend these Terms at any time. It’s your responsibility to check the App from time to time to view any such changes. If you continue to use the App, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
Privacy Policy
The Company respects the privacy of its users. Please refer to our Privacy Policy (found here), which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the App, you show that you agree to this Privacy Policy.
General Terms
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms. You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms and your use of the App and Service are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions. You agree to resolve any claims relating to these Terms or the App or Service through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in New York City, New York. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If you attempt to bring any legal action against the Company based in any way on the App or Service you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action. The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
Notice For California Users
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Information about our fees is here and here. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Your Agreement To The Terms
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Contact Us
If you have questions about our Terms Of Use, please contact us at appthemekit@gmail.com
Last Updated April 5, 2020
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Cookies
PocketGuru also use cookies in order to provide the Service. Information stored in cookies may be stored and processed for as long as necessary if you accept this Policy and create an account.
How long personal data is stored
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
Where you ask to be unsubscribed from marketing communications we may keep a record of your email address and the fact that you have unsubscribed to ensure that you are not sent any further emails in the future.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Who we share information with
We may further share information with our industry partners, customers and other cooperation partners in order to help them understand how the content is performing, with marketing partners who help us with promotional efforts, and with advertisers that allow us to offer services and promotional communication and help us understand how the users interact with advertisements.
We may also share information with analytical providers in order for us to analyse how our users use the Service and to improve their user experience.
We may also share certain information with other companies within the PocketGuru group or its related parties and with third-parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.
We require all third-parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
In case the invoicing or collection is performed by us, financial data and payment information is collected, stored, used and protected by us and/or our payment processor.
We may also share information for the purpose of responding to legal process (e.g. a court order), if we believe in good faith that it is necessary to do so; to comply with requirements of mandatory applicable law; to protect the safety of any person; and to address fraud, security, or technical issues.
Transferring of personal data to third countries
Your data will be transferred in accordance with the relevant Turkish legislation.
Information shared by you
The PocketGuru Service is a social Service that offers the user many ways to find, enjoy and share content. You as a user may choose to share playlists, self used Meditations or other content with other users who have subscribed for the Portal. This information will, if shared, be publicly available to the user(s) you accept to share it with. You may change your settings and limit the information which you have made publicly available.
Third party applications
If you connect your account to a third-party application, PocketGuru may automatically share your activity and activity-related stories with that service, including the content you consume. You understand and agree that such information may be attributed to your account on the third-party application and may be published on such service. You understand and agree that a third-party application’s use of information collected from you (or as authorised by you) is governed by the third-party application’s privacy policies and your settings on the relevant service, and PocketGuru’s use of such information is governed by this Privacy Policy and your account settings.
Contests, campaigns and surveys
From time to time, PocketGuru may offer you to take part in contests, campaigns and/or surveys. This Privacy Policy shall apply to such special promotions as well, unless otherwise is stated in the specific information provided for each promotion.
Security
PocketGuru, and if applicable its cooperation partners, have taken several safety measures in order to protect personal data from loss, misuse, unauthorised access, disclosure, alteration or destruction. Personal data collected from you and processed by us will only be accessed by employees and companies that are in need to process such information.
PocketGuru is committed to protect user information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and log out after having used the Service. However, even if we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information.
Links
PocketGuru may display advertisements from third-parties and other content that links to third-party websites. Clicking on those links or enabling those connections may allow third-parties to collect or share data about you. PocketGuru do not control and will not be held responsible for third-parties’ processing of personal data. We strongly advise that you carefully review the terms and conditions and privacy policies of all linked third-party websites. We also reserve our right to discontinue any and all links to our website from third-party websites, at any time, at our sole and exclusive discretion.
Children
The Service offered by PocketGuru is not directed to children under the age of 18. PocketGuru assumes that the users under 18 years old have consent obtained from their parents or legal guardians. We do not knowingly collect personal data from children under 18 unless prior consent has been obtained from the holder of parental responsibility over the child.
If you are under the age of 18, do not use the Service and do not provide any personal data to us without providing us with parental consent first. If you are the holder of parental responsibility over a child under the applicable age limit and become aware that the child you are responsible for has provided personal data to PocketGuru, please contact us via the details provided below and you may request exercise of your applicable access, rectification, cancellation, and/or objection rights.
Your data protection rights
Under certain circumstances, by law you have the right to:
Request information about whether we hold personal data about you, and, if so, what that information is and why we are holding/using it.
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request information regarding the purpose of usage of your personal data,
Request information regarding the third parties that your personal data is transferred,
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
Request notification to the third parties, who received your personal data for the above described purposes, regarding your request for erasure of such personal data.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal data for direct marketing purposes.
Object to automated decision-making including profiling, that is not to be the subject of any automated decision-making by us using your personal data or profiling of you.
Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
Request transfer of your personal data in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format.
Request reimbursement in case that your personal data is used inconsistent with the related law.
Withdraw your consent, where we are relying on it to use your personal data.
For any questions and requests
You can contact us through Portal or the e-mail adress of support@pocketguru.app. We try to respond all legitimate requests within one month. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
We also note that you will be charged based on the tariff determined Personal Data Protection Council in case additional costs arise as a result of your request.
Changes to this privacy policy
Our Privacy Policy may change from time to time, and any changes to this Privacy Policy will be posted on our website and will be effective when posted. As your use of the Service is subject to your acceptance of this Privacy Statement, and any amendments thereto, please check back regularly.
If you do not wish to continue using the Service under the new version of the Privacy Policy, you may terminate your usage or subscription with us by deleting the Portal from your mobile device or contacting us via support@pocketguru.app.