TERMS OF SERVICE
OF TRANSLATELY
TRANSLATELY
(hereinafter referred to as “the application”, “our”, “we” or “us”) is owned
and operated by Improve Yazılım Hizmetleri Sanayi ve Ticaret Limited Şirketi. This Terms of
Service herein is owned and operated by Improve Yazılım Hizmetleri Sanayi ve
Ticaret Limited Şirketi which enable the use of applications by Improve Yazılım
Hizmetleri Sanayi ve Ticaret Limited Şirketi shall be valid for all services
given to you by Improve Yazılım Hizmetleri Sanayi ve Ticaret Limited Şirketi.
These
Terms of Service will provide you the right to use the software applications,
web sites, tools and other features (collectively, the "Services") of
the Application. If you are
using the Application when you are
acting as a business entity, please note that the transactions you make are
binding for your business.
By
using our Services, you confirm that you accept our Terms of Service herein and
you agree to comply with them. If you do not agree with the Terms of Service,
please do not install and use the Application.
We grant you a limited, revocable,
nonexclusive, nonassignable, nonsublicenseable license and right to utilise TRANSLATELY
Services, through a mobile device or application. We reserve all rights not
expressly granted in the Terms, including, without limitation, title,
ownership, intellectual property rights, and all other rights and interest in
our Services, and all related items.
You accept
that the contact information which the user has declared while becoming a
member may be used for bulletins, marketing and advertising purposes
If
you have any questions about these Terms or our Services, please contact us at [email protected]
Last
Update: 27 November 2019
1.
Description
of Services and Fees
TRANSLATELY;
is an application-based software that uses artificial intelligence to help you
to obtain a translation of an object by just showing the object to your mobile
camera. You can obtain the translation in various languages. You can also use
our services to translate any document in PDF format in many languages.
Different
fees may be determined and arranged for different countries while purchasing. The
user will be notified about the fee before the purchase. However, if users
change their settings in Apple accounts and select a different country, the
notified fees may vary. Fees notified to the user are arranged according to the
country which they have selected in the account settings. As long as you do not
cancel, your service automatically renews at the end of each service period and
proceeds for the length of the previous service period.
We
wish you to be completely satisfied with our services. Malfunctions may be
encountered from time to time. We solve 99% of the problems that our users encountered
by making maintenance and by other actions taken by us to provide you a
issueless use of our services.
The
requests for refunding (returning money) is dealt with by Apple, not by the Application. The problem
will be solved when you click onto Apple ID via iTunes to request money order,
select "Purchase history", find the transaction and click
"Report Problem". You can also submit a request via https://getsupport.apple.com . Be
aware that no refunds can be made for deleted accounts if they have violated
our Terms of Service.
The license for use of the Services
provided herein is effective until terminated. You may terminate your license
at any time by removing the mobile application from your devices. We reserve the right, without notice and in our sole
discretion, to terminate your license to access or use our Services according
to your failure to comply with any of the Terms. We are not responsible for any loss or harm
related to your inability to access or use our Services.
3.
Eligibility
You must be at least 13 years of age to
access or use our Services. If you are under 13 years of age (or the age of
legal majority where you live), you may only access or use our Services under
the supervision of a parent or legal guardian who agrees to be bound by these
Terms. If you are a parent or legal guardian of a user under the age of 13 (or
the age of legal majority), you agree to be fully responsible for the acts or
omissions of such user in connection with our Services. If you are accessing or
using our Services on behalf of another person or entity, you represent that
you are authorized to accept these Terms on that person or entity’s behalf and
that the person or entity agrees to be responsible to us if you or the other
person or entity violates these Terms.
4.
Access
Our mobile application with the standard functionality is
currently made available free of charge. We do not guarantee that our Services
will always be available or be uninterrupted. You are responsible for making
all arrangements necessary for you to have access to our Services.
We do not represent that our Services will be available in
other locations. We may limit the availability of our Services or specific
functionality to any user or geographic area at any time. If you choose to
access our Services from a prohibited jurisdiction, it is at your own risk.
5. Updates and Support
We reserve the
right to add or remove features or functionality to the application. When your mobile phone is set up, the application periodically
communicates with our servers. When we release a new version of the Application or if we add
new features to it, we may ask you to update the application on your mobile phone. Before you begin to use
updated versions of the Application, you
may be asked to review and may need to accept the updated Terms of Service.
Continuing to use the Services after the update proves that the User has agreed
and accepted the updated Terms.
The application constantly
works to provide suitable and efficient technical support to the services and provides
updates and upgrades. However, it is not mandatory to provide any maintenance
or support for the Services under these conditions.
6.
Privacy
Please find our Privacy Policy for detailed
information about how we collect, use and disclose the information given by
you. Transfer and storage of information about you is governed by our Privacy
Policy aswell.
Data security is provided by the Application.
However, the user is responsible for any unauthorized access to user
information, contact information and other contents; abusing, storage,
reproduction, sale, copying, as well as illegal use of user information,
contact information and other content.
7.
Code
of Conduct and Prohibited Content
You will not violate any
applicable law, contract, intellectual property or other third-party right or
commit a tort, and you are solely responsible for your conduct while accessing
or using our Services. You will not:
You may, also, not create,
post, store or share any User Content that:
In addition, although we
have no obligation to screen, edit or monitor User Content, we may delete or
remove User Content at any time and for any reason.
Please note that you are not
given the permission to use the name, logo or other commercial symbols of the
Application. Please read our “Intellectual Property” section for detailed
information.
Any violation of this
section may cause you to be a subject to legal and/ or criminal penalties.
8.
Indemnification
You agree to indemnify, defend and hold
harmless TRANSLATELY and each of out respective officers, directors, agents,
partners and employees (collectively,
the “TRANSLATELY
Parties”) from and aganist any loss, liability, claim,
demand, damages, expenses or costs arising out of or related to your actions
listed below:
·
Your failure to comply
with our Terms, including, without limitation, that anything you submit or
contribute violate the rights of any third party or applicable laws;
·
Any use or content you
submit via our Services;
·
Any activity in which you
engage on or through the Services
·
Any misrepresentation
made by you.
·
Your violation, misappropriation or
infringement of any rights of another (including intellectual property rights
or privacy rights)
You agree
to promptly notify TRANSLATELY of any third party Claims, cooperate with TRANSLATELY
in defending such Claims and pay all fees, costs and expenses associated with
defending such Claims (including, but not limited to, attorneys’ fees).
9.
Abuse of TRANSLATELY Services
TRANSLATELY reserves the right to investigate suspected
violations of our Terms, of Service herein and may seek to gather information
from the user who is suspected of violation, and from any other user. We will
collect and use such information in accordance with our Privacy Policy.
In its sole discretion, TRANSLATELY may restrict, suspend or
terminate the account of any User who abuses or misuses the Services. By
accepting our Terms of Service herein, you waive and hold harmless TRANSLATELY
and TRANSLATELY parties from any claims arising out of the action taken by TRANSLATELY
according to such misuse of the Services by either TRANSLATELY or law
enforcement authorities.
10.
Intellectual
Property Rights
Our
Services and the text, graphics, images, photographs, videos, illustrations,
trademarks, patents, trade names, page headers, button icons, scripts, service
marks, logos, slogans, filters, usergenerated filters and other content
contained therein (collectively, the “TRANSLATELY Content”) are
owned by or licensed to TRANSLATELY and are protected by copyright laws and
international copyright treaties and all other applicable intellectual property
laws.
Using our
Services does not give you ownership of any intellectual property rights in our
Services. TRANSLATELY and our licensors reserve all rights in and to our
Services and the TRANSLATELY content. You are hereby granted a limited,
nonexclusive, nonassignable, non-sublicensable, revocable license to access and
use our Services and TRANSLATELY Content for your own personal use.However,
such license does not give you the right to (a) sell, resell or commercially
use our Services or TRANSLATELY Content; (b) copy, reproduce, distribute,
publicly perform or publicly display TRANSLATELY Content, except as expressly
permitted by us or our licensors; (c) use any data mining, robots or similar
data gathering or extraction methods; or (d) use our Services or TRANSLATELY
Content other than as expressly provided in these Terms. Any use of our
Services or TRANSLATELY Content other than as specifically authorized herein,
without our prior written consent, is strictly prohibited and will terminate
the license granted under these Terms.
11.
Copyright and Trademark Complaints
If you believe that anything
on our Services infringes any copyright that you own or control, you may notify
TRANSLATELY through:
E-Mail
Address : [email protected]
12.
Disclaimer
of Warranties
YOUR USE OF OUR SERVİCES IS AT YOUR SOLE
RISK. OUR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT. WHILE TRANSLATELY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE
OF OUR SERVICES SAFE, WE CANNOT WARRANT THAT THE SERVICES PROVIDED ARE
ACCURATE, RELIABLE, ERROR-FREE, UNITERRUPTED; THE APPLICATION OR SERVICES OR
THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE APPLICATION MAKES NO
REPRESENTATIONS OR WARRANTIES REGARDING ITS USERS' BEHAVIORS; THE USER SHALL
INDIVIDUALLY AND SOLELY BE RESPONSIBLE FOR HIS/HER ACTIONS AND INTERACTION WITH
OTHER USERS.
13.
Limitation of Liability
TRANSLATELY
AND THE OTHER TRANSLATELY PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF
LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF TRANSLATELY OR THE OTHER TRANSLATELY
PARTİES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR
OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH USE OF, OR
INABILITY TO USE THE TRANSLATELY SERVICES.
THE
LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABİLITY FOR
THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF TRANSLATELY OR THE
OTHER TRANSLATELY PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14.
Applicable Law
These
Terms and your access to and use of our Services will be governed by and
construed and enforced in accordance with the laws of Turkey. Any conflicts which may arise between the
Application and the user shall initially be settled according to Turkish Law.
In the event of failing to reach an agreement, both Parties agree, declare and
undertake that courts of Istanbul will have exclusive jurisdiction.
15.
Severability
Each of the provisions of these Terms are distinct and
severable from the others. If at any time one or more of those provisions is or
become invalid, unlawful or unenforceable (whether wholly or partly), the
validity, lawfulness and enforceability of the remaining provisions (or the
same provision to any other extent) will not be affected or impaired in any
way.
We may agree to amend these Terms of use in order to ensure
the terms are valid, lawful and enforceable.
16.
Changes
to These Terms
We may revise these Terms at any time by amending this page. Please
see over this page from time to time to check if there are any changes that we
made, as they are binding.
17. Third Party Contents
Where our Services may contain links to other sites and
resources provided by third parties, these links are provided for your
information only. We have no control over the contents of those third party
sites or resources.
18.
Subscription
Management and Cancellation
Subscription
cancellation and monetary claims are handled by Apple; not by TRANSLATELY.
Uninstalling
the app does not automatically stop your subscription. To cancel your
application subscription; you need to visit Apple AppStore from your IOS Phone
or tablet and select the "Subscriptions" section from the menu. In
the subscriptions section, click on the "Cancel Subscription" button
and follow the on-screen instructions.
You
can also visit https://support.apple.com/en-ca/HT202039 to see the steps to unsubscribe track your refunds and manage your
subscription.