Terms and Conditions
20.10.2025
By registering with, accessing or using Eatwise
through eatwiseai.com website or through its mobile application (Application), these terms and
conditions (Terms and Conditions)
will automatically apply to you – you should make sure therefore that you read
them carefully before using the Application.
The Application provides services to generate detailed
responses with regard to the texts, documents, links,
and images inserted by you using its AI algorithm in a dialogue format via the
website or a communication instrument (Services).
This Terms and Conditions only grants you the right to use
the Application to benefit from Services within the scope defined herein.
You’re not allowed to copy, or modify the Application, any part of the
Application, or our trademarks in any way. You’re not allowed to attempt to
extract the source code of the Application, and you also should not try to
translate the Application into other languages or make derivative versions. The
Application itself, and all the trademarks, copyright, database rights and other
intellectual property rights related to it, still belong to Deep Flow Software
Services – FZCO (Company).
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 or continues to use the Application
following the publication.
The User acknowledges that it cannot gain a title and/or
status of Company’s representative, authorized person, agent, commercial
representative, stakeholder, solution or business partner, dealer etc. by
concluding these Terms and Conditions; 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.
END-USER
LICENSE AGREEMENT
These
terms and conditions legally create an agreement between you, as the User, and
Company. Please read all terms and conditions and further Company Service scope
carefully. By using (as defined under Article 1.1), you agree with our
terms as set out under this Terms and Conditions, including the End-User
License Agreement and Privacy Policy. If you do not agree to the Terms and
Conditions (including the End-User License Agreement and Privacy Policy) do not
the Application. Your continued use will confirm your acceptance of the Terms
and Conditions.
1.
TERMS OF USE
1.1.
Company,
a corporation located in Dubai/UAE, is pleased to provide you the Application,
as the user (User), its website and
its branded mobile applications and any and all
related documentation (each, an “Company
App” and collectively the “Company
Apps”). You hereby agree to be bound by these terms of service any time you
use or access Company App. These terms and conditions are set forth by Company
for any of its products or services (each a “Company Service” and collectively the “Company Services”), excluding any provision specifically referring to the Application. Your use of the
Company Services is subject to your acceptance and compliance with these terms.
“Use” or “using” means hereby to access, use, install, download, register
with, copy, in-app purchasing or otherwise benefit from using the functionality
of the Company Apps as per the documentation. Please read this End-User License
Agreement (the “Agreement”)
carefully before accessing, installing, downloading, registering with or using
any Company Apps, for the concerning Agreement governs your Use of the Company
Apps and how we provide the Company Apps. If you do not agree with these terms, do not use the Company Services. Each time you use
or access the Company 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 Company Apps
and these terms can be updated by the Company from time to time.
1.2.
Your Use
or access of the Company Services is also subject to Company’s Privacy Policy
(the “Privacy Policy”).
Additionally, you agree to abide by our rules, policies and procedures we may
publish on the Company 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 of such changes when you open, use or access the Company Apps
shall constitute reasonable notification means. For the avoidance of doubt, your
continued use of the Company Apps 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 Company
Apps. If you have any further questions or concerns with respect to the terms
herein, please contact us via email.
1.3.
For the
avoidance of doubt, all provisions in this Agreement that refer to the Company
Apps and the Company Services are general terms and conditions set forth by
Company regarding its products and services. These provisions, while binding
for the User, only grants the User the rights specified herein for the
Application. This Agreement cannot be interpreted as granting any right to the
User with regards to other Company Apps or Company Services.
1.4.
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
POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE APPLE APP STORE AND/OR
GOOGLE PLAY AND/OR ONLINE PLATFORMS AND YOU ARE NOT AUTHORIZED TO USE OR ACCESS
ANY OF THE COMPANY 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
YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE UNDER 18 YEARS OLD OR UNDER THE
LEGAL MAJORITY AGE WHERE YOU LIVE, THAT YOU ARE USING THE APPLE APP STORE
AND/OR GOOGLE PLAY AND/OR THE ONLINE PLATFORMS OF THE COMPANY ONLY WITH THE
APPROVAL OF YOUR PARENTS 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.
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.
WE DO NOT ALLOW USE OF THE APPLICATION BY MINORS THAT ARE
YOUNGER THAN 16 YEARS OLD.
1.5.
NOTICE TO PARENTS AND LEGAL GUARDIANS: BY GRANTING YOUR CHILD APPROVAL TO DOWNLOAD, INSTALL, USE,
ACCESS, REGISTER WITH, IN-APP PURCHASE THE COMPANY APPS, 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 OR
OMISSIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT LET YOUR CHILD
USE THE COMPANY APPS 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 COMPANY
APPS WITHOUT YOUR PRIOR APPROVAL, PLEASE CONTACT US VIA EMAIL.
2.
PARTIES
2.1.
This
Agreement is concluded between Company and you, as the User, who downloaded
and/or installed through the Apple App Store and/or Google Play and/or
registered, accessed or used the online platforms of the Company; and executed
and mutually entered into force upon the online approval of the User. Company
and the User shall be hereinafter referred to individually as the “Party” and collectively as the “Parties”.
2.2.
By
downloading and/or installing the Company App through the Apple App Store or
Google Play, and/or registered, accessed or used the online platforms of the
Company, the User agrees, undertakes and represents that he/she has read all
the terms herein, understood all the contents and approved all provisions.
2.3.
In case
the User is a “consumer” under the Consumer Protection Act of Türkiye (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 Company 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.
3.
COMPANY CONTACT INFORMATION
Company Name: Deep Flow Software Services - FZCO
Address: IFZA Business Park,
DDP, IFZA Property FZCO, Building A1 – 3641379065, 53751 – 001, Dubai, Digital
Park, Dubai Silicon Oasis, UAE
E-mail: eatwise.support@visionwizard.com
4.
GRANT OF LICENSE
4.1.
Subject
to your compliance with the terms of the Agreement, Company grants you a
limited, non-exclusive, revocable, non-sub licensable, non-transferable license
to access, download and install the most current generally available version of
the Application on a single, authorized mobile device that you own or control
solely for your lawful, personal, as an end-user, and non-commercial use.
4.2.
For the
avoidance of doubt, all Company Apps are protected by copyright laws and international copyright treaties, as
well as other intellectual laws and treaties. Company is the exclusive owner of
any software, design, source code, target code, directory, image or content
available on Company Apps. Company reserves all rights not expressly granted to
the User as per the provisions of this Agreement,
hereunder. Having said that, Company retains the ownership of the copyright in
and to the Company Apps. The User cannot not duplicate, copy or distribute or process the advertisements, images
and texts, visual and audio images, files, databases, catalogues and lists
available on Company Apps nor rent, lease or lend the Company Apps to anyone
and permanently transfer all of his/her rights under
this Agreement. Company holds no responsibility of the results of using the
Company Apps acquired illegally or through an unauthorized distributor.
5.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
5.1.
Restricted Use: While
using Company Apps, 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 Company Services including but not limited to the items
exemplified below. Company 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,
Company shall reserve the right to terminate this Agreement pursuant to Article
14, to block the User's access to Company Apps either for a certain period of time or indefinitely. Furthermore, the Company reserves the right to resort to
civil law and criminal law remedies.
5.2.
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 Company Apps
or any rights arising from the Company Apps or grant any rights arising from
the Company Apps and shall not use Company Apps for the benefit of any third
party. Unless expressly authorized by Company, User is prohibited from making
the Company Apps 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 Company Apps, except to uninstall or
remove the Company Apps from a mobile device which the User owns or controls. Users 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 Company Services except as
and only to the extent permitted in this Agreement and by applicable law. Users shall not engage in behaviours and activities that will
adversely affect/obstruct or manipulate the operation of Company Apps, disable
security systems and make the Company Apps unusable or make
an attempt in this manner by preparing automatic programs.
5.3.
User
cannot copy, adapt, translate, decompile, reverse engineer, disassemble,
modify, recode or create derivative works of the Company Apps or advertise the
Company Apps in any form. User shall not access, create or modify the source
code of any Company Apps in any way. User does not have the right to and may
not create derivative works of any the Company Apps or any portions thereof.
All modifications or enhancements to the Company Apps remain the sole property
of Company. User agrees and undertakes not to engage in any other act to find,
obtain or copy the source code of Company Apps; shall not in any way try and
synchronize Company Apps 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 Company and
third parties.
5.4.
Company
may restrict or terminate the access to Company Apps 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.
5.6.
Updates: Company
reserves the right to add or remove features or functions to the existing
Company Apps. When installed on the User’s mobile device, the Company periodically communicates with our
servers. Company may require the updating of the Company Apps on User’s mobile
device when Company releases a new version of the Company Apps, or when Company
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 Company may require User’s review and acceptance of Company’s
then-current Agreement before User will be permitted to use any subsequent
versions of the Company Apps. User acknowledges and agrees that any obligation
Company may have to support previous versions of the Company Apps may be ended
upon the availability of updates, supplements or subsequent versions of the
Company Apps. User acknowledges and agrees that Company has no obligation to
make available to User any updates, supplements or subsequent versions of the
Company Apps. Please be aware that such
updates may be necessary in order for you to use
Google Play/App Store or to access, download or use content. By agreeing to
these terms and using Google Play/App Store, you agree to receive such updates
automatically. You may be able to manage updates to certain content via
settings in Google Play/App Store. 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/App
Store or your device. If another app store attempts to update content that was
initially downloaded from Google Play/App Store, you may receive a warning, or
such updates may be prevented entirely.
5.7.
Access: The
User must provide at his/her expense the equipment, internet connections,
devices and service plans to access and use the Company Apps. If the User
accesses the Company Apps 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 Company App from
his/her device. Downloading, installing or using certain Company Apps may be prohibited or
restricted by your network provider and not all the Company Apps may work with
your network provider or device. Company makes no representation that the
Company Apps can be accessed on all devices or wireless service plans. Company
makes no representation that the Company Apps are available in all languages or
that the Company Apps are 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 and/or website or of any User of
other Apple and/or Google Services and/or website via Apple App Store/ Google
Play/websites, including account names.
5.8.
Purchase and Cancellation Rights: Certain Company Apps are available for purchase from a
mobile platform owner (e.g. Apple or Google) or online platform owner (e.g.
Paddle) 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 the Company 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 Company Apps 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 (the Apple App Store and/or Google Play) or the
third-party platform where you made the purchase (e.g. Paddle). Where you
purchase from Company directly: please note and acknowledge that if you are a
resident in the European Union or your local law regulates a right to cancel
and download the Company Apps from Company 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
Company Apps from Company 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.
5.9.
Defective Content: Once the Company Apps are available to you through
your account, you are required to check the content as soon as reasonably
possible to ensure that the Company Apps function and perform as stated and
notify us or Google Play/App Store as soon as reasonably possible provided that you find any errors or defect.
5.10. Without prejudice to any other rights, Company 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 Company Apps. In this regard, please also take into consideration
the provisions of Article 14 of the Agreement.
6.
THIRD-PARTY PARTNERS
6.1.
The
Company Apps allow you to enjoy various features, functionalities and other
Company Services, which may change from time to time (collectively the “Company Apps Functions”). The Company
Apps Functions are provided by Company and third-party suppliers who offer
content and/or services in conjunction with or through the Company Apps (the “Third Party Partners”).
6.2.
Third-Party Services and Content: The Company Apps 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 Company 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 Company has no control over such websites and resources, and
the User acknowledges and agrees that Company 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 or 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, the Company shall not be a party to or in any way be responsible for
monitoring any transaction between the User and the Third-Party Partners.
6.3.
Access to the Third Party Services and Content via the
Company Apps: 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 Company Apps,
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 Company Apps 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 Company be liable in any way for any Content created by or
originating with entities other than Company, 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 Company App.
6.4.
Any links
to third-party apps or websites are provided to your convenience only and are
subject to the third party’s terms. Company isn’t responsible or liable for
those websites, products and/or services. Therefore
you should consider, check and comply the third-party apps or websites rules
and conditions (including privacy policies of those third parties) while using
the Company app and its features with other apps and websites.
7.
SECURITY
7.1.
The
Company Apps, like other User technologies in the relevant market, may not be
100% secure. By accepting this Agreement, you acknowledge and accept that the
Company Apps and any information you download or offer to share by means of a
Company App, may be exposed to unauthorized access, interception, corruption,
damage or misuse and cannot be regarded as 100% secure.
7.2.
You
accept all responsibility for such security risks and any damage resulting
therefrom. Further, you are solely responsible for securing your mobile device
from unauthorized access or cyber-attacks, including by such means as using
complex password protection. You agree that the Company shall not be liable for any
unauthorized access to your mobile device or the app data thereon.
7.3.
In regard to 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 analysed for security
issues without sending information to Google.
8.
REGISTRATION AND PASSWORDS
8.1.
Registration: Most of the Company Apps will not require a registration,
nevertheless, some of the Company Apps may permit or require you to create an
account to participate or access additional features or functionalities (the “Registration”). If such Registration is
required, it will be made known to you when you attempt to participate or
access such additional features or functionalities. 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.
8.2.
Passwords: 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.
8.3.
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 Company 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 Company App our services, as per the Privacy Policy.
8.4.
Authentications. Users may benefit from the basic functions and Services of
Company App without Registration. Upon User’s sole discretion, User may
register to Company App using authentication methods provided to Company by
Third Party Partners (such as logging in through the use of
Google, Apple and e-mail accounts or phone
numbers). Such Registration allows the User to use and benefit from additional
functions and Services provided by Company App. The responsibility to ensure
the security and to duly store the access tools, if any, (connection by Google,
Apple or e-mail account, etc.) used by the User in order to
benefit from the Services offered through Company App and to keep them away
from the reach and use of third parties shall belong to the User. Every
transaction made with the User’s authenticated account, shall be deemed to
be made by the User itself. Company 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 Company App. Company shall reserve
its right to recourse. Only the Users registered to Company App following
identity authentication may reach certain features of Company App such as
publishing Materials in Company App for other Users to see and any other
feature that may be included in Company App at Company’s discretion. User
acknowledges that without registering to the Application in accordance with
this provision, he/she will not be able to reach certain features provided to
Users registered to Company App.
9.
UNINSTALL AND REMOVAL OF THE COMPANY APPS
Uninstallation and removal procedures vary depending on your
device. To uninstall and remove the Company Apps, please use the application
manager provided with your device or consult your device manual for further
reference.
10.
CONSENT TO USE OF DATA AND USER REVIEWS
10.1. 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 Company Apps. We may use this
information as per the Privacy Policy.
10.2. 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 via email (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.
10.3. If you download the Company Apps through Google Play or App
Store, please be aware that posting reviews shall be subject to the relevant virtual store’s
policies.
11.
INTELLECTUAL PROPERTY RIGHTS
11.1. Company is the sole proprietor of products and/or Company
Services, projects, documents used at the Company Apps in connection with the
Company 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 Company 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
Company Services. All rights that are vested in it under the Law on
Intellectual and Artistic Works numbered 5846 of Türkiye (the “Law No. 5846”) and the applicable
legislation in connection with such contents shall be the exclusive property of the Company. 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 Company Apps 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 Company and third parties may sustain.
11.2. 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 Company or Third-Party Partners
have placed on or within the Company Apps. Please be aware that all rights not
expressly granted hereunder are expressly reserved to Company 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.
11.3. Unless otherwise agreed between Company and the User
regarding any intellectual property rights arising from any Company Service
prepared and provided to the User by Company, Company shall grant the right to
use of the related Company Services which shall be worldwide, indefinite and
non-exclusive. In any case, the Company has the right to determine the ownership of the aforesaid
intellectual property rights and its usage. However, if Company suggests
different conditions other than the provisions in this clause of this
Agreement, it should notify the User until the Company Service is used or until
the commencement of the operations for the Company Service.
11.4. 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 Company Apps. It is the User’s obligation to ensure such
content, including photos, texts, documents, videos and music files are lawful
and does not violate any right including copyright or other intellectual
property rights of Company, other Users, or any other third persons. For the
avoidance of doubt; User accepts, declares and
undertakes that it is legally entitled on any data, information or content it
uses, and that such use does not violate any applicable law or third party rights. The User accepts, declares and
undertakes to compensate any damage that may have incurred by both Company and
third parties due to the fact that it is not legally
entitled on any data, information or content it uses.
11.5. Company respects and expects its Users to respect the rights
of copyright holders. On notice, the Company will act appropriately to remove content that infringes
the copyright rights of others. Company reserves the right to disable the
access to the Company Apps or other services by anyone who uses them to
repeatedly infringe the intellectual property rights of others.
11.6. Company also acts to remove objectionable content. The
decision to remove objectionable content shall be made at Company’s sole
discretion. Objectionable content includes, but is not limited to: content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or
libellous; 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, 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. In this regard, Users agree, accept
and undertake not to use Company Apps:
▪
In any
way that violates any applicable national, federal, state, local or international law or regulation;
▪
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
▪
To
generate or disseminate verifiably false information and/or content with the purpose of harming others;
▪
To
generate or disseminate personal identifiable information that can be used to harm an individual;
▪
To
defame, disparage or otherwise harass others;
▪
For fully
automated decision making that adversely impacts an individual’s legal rights or otherwise
creates or modifies a binding, enforceable obligation;
▪
For any
use intended to or which has the effect of discriminating against or harming individuals or groups
based on online or offline social behaviour or
known or predicted personal or personality characteristics;
▪
To
exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or
mental characteristics, in order
to materially distort the behavior of a
person pertaining to that group in a manner
that causes or is likely to cause that person or another person physical or psychological harm;
▪
For any
use intended to or which has the effect of discriminating against individuals or groups based on
legally protected characteristics or categories;
▪
To
provide medical advice and medical results interpretation;
▪
To
generate or disseminate information for the purpose to be used for administration of justice, law enforcement,
immigration or asylum processes, such as
predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between
assertions made in documents, indiscriminate and arbitrarily-targeted use).
11.7. Company does not and cannot pre-screen or monitor all
content. Nevertheless, our representatives may monitor content submission
through the Company Apps, 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. Company has the right, but
not the obligation, in its sole discretion to edit, modify, and refuse to post
or remove any content.
11.8. The User may not use Google Play or any content or the
Company Apps 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 and/or any other service provider, including modification for
the purpose of disguising or changing any indications of the ownership or
source of content and/or the Company Apps.
11.9. Company shall be entitled to terminate the User’s access to
the Company Apps if, under appropriate circumstances in line with aforesaid
provisions, the User is determined to be a repeat infringer.
11.10. User
Content
-
You may
provide, upload, transmit, create, store, use, edit or share contents such
text, entry, information, question, queries, links, documents, images, photos,
visual records, screenshots, graphics, materials and any other data with or
through Services (Input); and
receive content such as text, phrases, responses, links, documents, images,
photos, audio and visual records, voice recordings or other data edited,
created, generated, returned by Services (Output)
(Input and Output are together referred to as User Content). You may
only upload, transmit, create, store, use, edit and share User Content provided that it is in accordance with these Terms and
Conditions including the End-User License Agreement and any other applicable
laws.
-
You
represent and warrant that you own the Input; and have all consents,
permissions, licenses and rights necessary to provide and license the Input as
set forth under these Terms and Conditions; and that you have the legal
capacity necessary to provide and license the Input, and
enter into these Terms and Conditions in the relevant
jurisdiction.
-
From the
time of uploading or transmission of Input, you grant Company non-exclusive,
irrevocable, fully-paid, royalty-free, perpetual, sub-licensable,
transferrable, worldwide, license and right to store, use, broadcast,
reproduce, modify, make derivative works of, record, sublicense (on multiple
levels), translate, transmit, publish, publicly display or otherwise exploit,
for the limited purpose of operating, improving, troubleshooting, debugging,
protecting and customizing the existing and future products of the Company and
its affiliates, including but not limited to training Application, developing
new features or future products and in all formats and mediums and with any
technology now known or hereafter developed without notice, permission, payment
or any additional compensation to you or a third party.
-
Application
or Company does not approve, endorse, verify or control User Content. You are
solely and strictly responsible and liable for User Content and the
consequences of posting or publishing them in any way, including for ensuring
that User Content does not violate any applicable laws and these Terms and
Conditions (including End-User License Agreement); or
any rights of other persons. You hereby confirm that you do not violate any
third party's right or privacy when using the Application. Additionally, you
understand and agree that Company shall have no responsibility or liability
whatsoever for User Content and copyrightable materials such as literary works,
phrases, entries, text, and any other materials, which may be provided to or in
the Services.
-
You shall
not (i) upload, transmit, create, store, edit, use or
share any User Content or (ii) use Application in a manner that violates these Terms and
Conditions (including End-User License Agreement) and any other applicable
laws. Furthermore, you may not use or benefit from Application to develop
models that may compete with Application or the Company.
-
You agree
to indemnify and hold harmless the Indemnitees (as defined under End-User
License Agreement) in accordance with Article 15 “Indemnification” of the
End-User License Agreement from any Claim (as defined under End-User License
Agreement) that alleges, directly or indirectly that any User Content provided
by you infringes the Intellectual Property Rights (as defined under End-User
License Agreement) of any third person or that directly or indirectly results
from your breach of these Terms and Conditions
12.
RIGHTS INFRINGEMENTS
12.1
Company
attaches great importance to confidentiality, intellectual property rights
including copyrights and personal data; takes care to be transparent about
them. While using Company Apps, Users declare and undertake to use Company Apps
following the principles in this Agreement and other texts provided to you by
Company. Users shall only upload materials they produce or are authorized to
use to Company Apps. Users declare and
undertake to not infringe of any rights of other Users under this Agreement.
12.2
However,
if you believe in good faith that materials transmitted or created through the
Application infringe your copyright, your personal right or privacy; you may
send Company a notice requesting that we remove the material or block access to
it via email.
13.
IN-APP PURCHASE AND PAYMENT
13.1. The release and distribution of the Company Apps will take
place in the global market through the Apple App Store and/or Google Play and
website. The Company Apps will nevertheless offer certain features and certain
limits to the User as a paid feature. 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. For certain membership models, payment and purchase
can also be made via Apple App Store and/or Google Play, if the Company offers
the relevant services via mobile application. The User's purchase and payment
processes may vary depending on the platform used. Please make sure that you
carefully read the rules set by the relevant platform regarding purchase and
payment transactions.
13.2. Such purchase features are offered on an annual,
semi-annual, quarterly, monthly or a weekly basis and will be re-billed
every year or month depending upon auto-renewable subscription model, until
cancelled by the User. It will be sent an e-mail well in advance of
renewal containing a hyperlink to manage subscription procedure. Purchases that
are made on our website are processed and handled by the Payment Processing
Platform of Paddle.com Inc. or Paddle.com Market Ltd (Paddle.com Inc. and
Paddle.com Market Ltd are together referred to as “Paddle”) and are not stored
or processed on our servers (the payment platform, which is used to process
your payment, is referred to as the “Payment Platform”.). By making a purchase,
you must also agree to the Terms and Conditions of the Payment Platform. You
acknowledge and agree that you are fully responsible for managing your
purchases on the Application and the amount you spend on purchase within the
Application. For certain membership models, payment and purchase can also be
made via Apple App Store and/or Google Play, if the Company offers the relevant
services via mobile application. The User's purchase and payment processes may
vary depending on the platform used. Please make sure that you carefully read
the rules set by the relevant platform regarding purchase and payment
transactions.
13.3.
Our
online order process is conducted by our online reseller Paddle. Paddle is the
Merchant of Record for our online orders. Paddle provides all customer service
enquiries and handles returns. Your relationship with Paddle is governed by the
following Terms and Conditions https://paddle.com/legal/checkout-buyer-terms and Privacy Policy https://paddle.com/legal/privacy. Paddle’s Privacy Policy applies whenever your purchase
content using the Paddle. You are responsible for all amounts payable
associated with purchases made through the Payment Platform. Besides, the
Payment Platform may make available to you various
payment processing methods to facilitate the purchase. You are required to
abide by any relevant terms and conditions or other legal agreement, whether
with the Payment Platform or a third party, that governs your use of a given
payment processing method. The Payment Platform may add or remove payment
processing methods at its sole discretion. You are solely responsible for all
amounts payable associated with purchases you make through the Payment Platform. For certain
membership models, payment and purchase can also be made via Apple App Store
and/or Google Play, if the Company offers the relevant services via mobile
application. The User's purchase and payment processes may vary depending on
the platform used. Please make sure that you carefully read the rules set by
the relevant platform regarding purchase and payment transactions.
13.4. If you are under 18 then you are legally required to have your parents’ or legal guardians’ permission
to make any purchases. By completing a purchase, you are confirming to us that
you have any and all permission that may be necessary in order to allow you make that
purchase. If you are a parent or legal guardian of someone under the age
of 18, we recommend that you consider any parental control provided
that you are concerned that your child may make excessive purchases.
13.5. The in-app purchases are purchased from and billed by the
Payment Platform, not the Company. These purchases are subject to the terms and
conditions of the Payment Platform. All billing and refund inquiries shall be
directed to the Payment Platform. Having said that, the Company does not have
access to the Payment Platform accounts and transactions. For certain
membership models, payment and purchase can also be made via Apple App Store
and/or Google Play, if the Company offers the relevant services via mobile
application. The User's purchase and payment processes may vary depending on
the platform used. Please make sure that you carefully read the rules set by
the relevant platform regarding purchase and payment transactions.
13.6. Provided that it is not due to the User or the device used
by the Use or the technical characteristics of the device used by the User (i) if any purchase is not successfully completed or the
services do not work as specified once the purchase is completed downloaded, or
(ii) if your preferred membership model allows you to use our services through
both a mobile application and a web browser, but you are not able to use our
services in either of these after making a purchase for such a membership, we
will, after becoming aware of issue or being notified of the issue by you, we
will investigate the reason for the issue. If you notice such an issue or a
similar issue, please contact us immediately via email. Our technical team will
use reasonable endeavours to resolve the issue and contact you as soon as
possible.
14.
TERM AND TERMINATION
14.1. 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 Application and shall continue to be effective and
operative as between Company and the User legally.
14.2. Company 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 or Payment Platform, in particular, following
circumstances: if the User manipulates the operation of the Company Apps 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 an/or Payment Platform; if the User commits any act that violates third
party rights; if data, contents, visuals, texts and articles shared with the
Application, 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 Application for unlawful or immoral purposes.
14.3. The User agrees that Company shall not be liable to the User
or any third- party for any termination or disabling of the Company Apps.
Promptly upon termination of this Agreement, the User must cease all use of the
Application and uninstall, remove or destroy all copies of the Application in
its possession or control. Having said that, termination shall not limit any of
Company’s other rights or remedies at law.
15.
INDEMNIFICATION
15.1. You agree to indemnify and hold harmless Company, its
affiliates and Company’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
and directly or indirectly result from your information, use of the Company
Services or your breach of this Agreement.
15.2. 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 Company’s prior express written consent.
16.
WARRANTY DISCLAIMER
16.1. To the extent this is permitted by applicable law, all the
Company Apps are provided on an “AS IS”; “WITH ALL FAULTS” and “AS AVAILABLE”
basis and you use them at your sole risk. Subject to applicable law, Company,
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.
16.2. Without limitation, Company makes no warranty that the
Company Apps will meet your requirements, that they will be uninterrupted,
timely, secure or error-free, that the results obtained from the use of the
Company products will be accurate or reliable or that the quality of the
Company Apps will meet your expectations. Company assumes no liability or
responsibility for any property damage of any nature whatsoever, resulting from
your access to and use of the Company Apps; 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 Company Apps or servers; any bugs, viruses, Trojan horses or like
which may be transmitted to or through the Company Apps 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 Company Apps.
16.3. Certain Company Apps may allow you to record voices, conversations or other data on your
Android or iOS device. Some local, state, federal and international laws
prohibit the recording of third- party audio without all parties’ consent to
such recording. You are solely responsible for compliance with all local,
state, federal or international laws regarding call recording and obtaining any
necessary consent. In no event shall the Company be responsible to you or third
party for your failure to comply with local, state, federal or international
laws regarding third party audio recording.
16.4. The entire risk arising out of use or performance of the
Company Apps remains solely on you. Company 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.
17.
LIMITATION OF LIABILITY
17.1. To the extent permitted by applicable laws, you expressly
understand and agree that Company 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 ,
resulting from: (i) the use or the inability to use
the Company Apps; (ii) unauthorized access to or alteration of your
transmission or data; (iii) statements or conduct of any third party or (iv)
any other matter relating to Company.
17.2. In no event shall Company’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 Company App. The foregoing
limitations will apply even if the above stated remedy fails of its essential
purpose.
17.3. Nothing contained in this Agreement shall be deemed or
construed to create any employee/ employer relationship under the Labor Code
numbered 4857 of Türkiye or applicable legislation.
17.4. The Company is committed to ensuring that the Application is
as useful and efficient as possible. For that reason, we reserve the right to
make changes to the Application or to charge and update for its services and fees, at any time
and for any reason. We will never charge you for the Application or its Company
Services without making it very clear to you exactly what you’re paying for.
17.5. Company 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 Application 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 Application won’t work properly or at all.
17.6. You should be aware that there are certain things that the
Company will not take responsibility for. Certain functions of the Application
will require the Application to have an active internet connection. The
connection can be Wi-Fi, or provided by your mobile network provider, but the
Company cannot take responsibility for the Application 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.
17.7. If you’re using the Application 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 Application, or other third-party charges. In using the
Application, you’re accepting responsibility for any such charges, including
roaming data charges if you use the Application 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 Application, please be aware
that we assume that you have received permission from the bill payer for using
the Application.
17.8. Along the same lines, Company cannot always take
responsibility for the way you use the Application 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 Company Service, Company cannot accept responsibility.
17.9. With respect to Company’s responsibility for your use of the
Application, when you’re using the Application, it’s important to bear in mind
that although we endeavor to ensure that it is
updated and always correct, we do rely on third parties to provide information
to us so that we can make it available to you. The Company accepts no liability
for any loss, direct or indirect, you experience as a result
of relying wholly on this functionality of the Application.
17.10. At some point, we may wish to update the Application. The
Application and/or system may
change, and you will need to download the updates if you want to keep using the
Application. The Company does not promise that it will always update the
Application so that it is relevant to you and/or works with the iOS or 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 Application 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 Application, and (if needed) delete it from
your device.
17.11. While using the Application, please be aware that the
services provided by the Application cannot be deemed professional healthcare
and/or mental health services, therefore shall not be considered as medical and/or professional advice. The
Company shall not be responsible for any of
the information, data, communication provided as an Output through the
Application.
17.12. Medical
Disclaimer
-
The
Application or Company is not a medical or health care professional in any
sense and does not provide services in the diagnosis, examination or treatment
of medical or health conditions of any kind. We have no expertise in these
areas.
-
Using the
Services or any other communication from us does not create or imply a medical
professional/health care provider-patient relationship whatsoever (e.g.
doctor-patient or psychologist-patient relationship).
-
The
Application or Company does not and is not obliged to provide emergency
services of any kind. There is no obligation for us to contact you or anyone
else regarding your medical or health condition or their treatment. In the
event of a medical emergency, you should call your local emergency service.
-
We
recommend that you always consult a professional health care provider if you
have any questions about your health, medical or mental condition.
-
You
should never disregard, avoid or delay seeking professional medical care and
advice because of anything you have read or obtained through the Services.
-
You
should immediately consult a professional health care provider if you have or
suspect that you may have a medical condition or a mental health concern.
-
Furthermore,
you understand and agree that although Output is provided to you or certain
contents are displayed through the use of Services (i)
Output and contents are not prepared or provided by individuals in the medical
or health profession; (ii) Output and contents might be false, inaccurate or
misleading; (iii) Company does not represent or warrant that Output and
contents are accurate, genuine or true, or suitable for your use or needs; (iv)
Output and contents are not advice, guidance or information provided by the
Company in any way; (v) the Company shall not have any obligation or liability
whatsoever for Output or contents; and Company is not liable for any damage
(including any direct, indirect, special, consequential damage or exemplary
damages, including, but not limited to, lost profits, lost revenue, lost time,
loss of use, data or good-will, intangible losses or any other type of damage
whether in contract, tort, under any other legal theory [including, without
limitation strict liability and negligence]) resulting from or in relation to
the Output or contents; (vi) your use of any Output and contents is entirely at
your own risk; (vii) you should not rely on the Application or Output or
contents as your source of information.
18.
FORCE MAJEURE EVENT AND APPLICABLE LAW
18.1. In all circumstances that constitute a force majeure event in legal terms, Company 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 the Company.
18.2. The term “force majeure 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 Company, 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, legislative amendments and
adverse weather conditions.
18.3. The User shall not be able to accrue default interest or
claim indemnification from Company under any name whatsoever for the delayed,
incomplete or non-performance of any of the provisions in this Agreement due to
force majeure events.
18.4. This Agreement and legal relations arising hereunder shall
be governed and construed as per Turkish law. Turkish Courts (Istanbul
(Çağlayan) Courts and Execution Offices)) 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.
19.
ENTIRE AGREEMENT AND SEVERABILITY
19.1. These Terms constitute the entire agreement between you, as
the User, and Company relating to the use of Company App and Services and
supersedes all prior or contemporaneous understandings regarding such subject
matter.
19.2. No amendment to or modification of this Agreement will be
binding unless in writing and signed by the Company. 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.
19.3. 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.
19.4. 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.
Contact Us
If you
have any questions or suggestions about this Agreement, do not hesitate to
contact us at via eatwise.support@visionwizard.com.