TERMS OF SERVICE OF PHONTY
Phonty (hereinafter referred to as “the application”, “our”, “we” or “us”) is owned
and operated by Senfoni Yazilim
Hizmetleri San. Ve Tic.
Ltd. Şti. This Terms of Service herein is owned and
operated by Senfoni Yazilim
Hizmetleri San. Ve Tic.
Ltd. Şti. which enable the use of applications by Senfoni Yazilim Hizmetleri San. Ve Tic. Ltd. Şti. shall be valid for all services given to you by Senfoni
Yazilim Hizmetleri San. Ve Tic. Ltd. Şti.
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 these 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 Phonty Services through a mobile device or an 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 you have
declared while creating a profile may be used for bulletins,
marketing and advertising purposes
If you have any questions about these Terms or our Services, please
contact us at support@phonty.desk360.com
Last Update: December 11th,
2019
1.
Description of Services and Fees
Phonty; It is a mobile application that allows you to create your social media
content, posters and wallpapers by combining your photos and pictures with your
texts into designs. You can color, shade and add
transitions by choosing from a wide range of artistic writing styles. You can
create custom day cards by choosing from a variety of themed messages, and you
can create creative work by adding drawings and shapes from a large collection
of graphic arts. In addition to image editing options, you can enhance your photos
and pictures with stunning filters and overlays. You can record your work,
share it via message, e-mail or social media channels.
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 may 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 4 years of age to
access or use our Services. If you are
under 4 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 4 (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 Phonty and each of out
respective officers, directors, agents, partners and employees (collectively, the “Phonty 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 Phonty of any third party Claims,
cooperate with Phonty
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 Phonty
Services
Phonty 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, Phonty 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 Phonty and Phonty parties
from any claims arising out of the action
taken by Phonty according to
such misuse of the Services by either Phonty 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 “Phonty Content”) are owned by or
licensed to Phonty 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. Phonty and our licensors reserve
all rights in and to our
Services and the Phonty content. You are
hereby granted a limited, nonexclusive, nonassignable, non-sublicensable,
revocable license to access and
use our Services and Phonty 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 Phonty
Content; (b) copy, reproduce,
distribute, publicly perform or publicly
display Phonty 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 Phonty Content other than as expressly provided in these Terms. Any use
of our Services or Phonty
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
Phonty through:
E-Mail Address : support@phonty.desk360.com
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 PHONTY 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
PHONTY AND THE OTHER PHONTY
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 PHONTY
OR THE OTHER PHONTY PARTIES 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 PHONTY SERVICES.
THE
LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABİLITY FOR
THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF PHONTY OR THE OTHER PHONTY 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 PHONTY.
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.