END USER LICENSE AGREEMENT
Last updated September 24, 2022
Walkers is licensed to You (End-User) by Walkers Dijital Çözümler Ticaret Anonim Şirketi, located and registered at Hacimimi Mah. Kemeralti Cad. Altın Han No:36/1 Beyoglu, Istanbul, Turkey 34425, Turkey (“Licensor), for use only under the terms of this License Agreement. Our VAT number is 7981378790.
By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.App Store and Play Store are referred to in this License Agreement as “Services.”
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Walkers Dijital Çözümler Anonim Sirketi, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules”). Walkers Dijital Çözümler Ticaret Anonim Sirketi acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Walkers when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Walkers is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).
TABLE OF CONTENTS
Walkers (“Licensed Application”) is a piece of software created to A pedometer app that give prizes to users for walking — and customized for iOS and Android mobile devices (“Devices”). It is used to Tracking steps and step more.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA)
2.SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Walkers Dijital Çözümler Ticaret Anonim Şirketi’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Walkers Dijital Çözümler Anonim Sirketi’s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview fort his Licensed Application.
4.2 Walkers Dijital Çözümler Anonim Şirketi and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss. You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Walkers Dijital Çözümler Anonim Şirketi’s sphere of influence that affect executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify Walkers Dijital Çözümler Anonim Sirketi about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Walkers Dijital Çözümler Ticaret Anonim Sirketi reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
Walkers Dijital Çözümler Anonim Sirketi and the End-User acknowledge that Walkers Dijital Çözümler Ticaret Anonim Sirketi, and not the Services is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-Users possession and or any third party relating to Licensed Application or the End-Users’s possession and/or us of that Licensed Application, but not limited to:
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Walkers Dijital Çözümler Ticaret Anonim Şirketi, Hacımimi Mah. Kemeralti Cad. Altın Han No:36/1 Beyoglu/istanbul Istanbul, Turkey 34425 Turkey firstname.lastname@example.org
The license is valid until terminated by Walkers Dijital Çözümler Ticaret Anonim Şirketi or by You. Your rights under this license will terminate automatically and without notice from Walkers Dijital Çözümler Ticaret Anonim Şirketi if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Walkers Dijital Çözümler Ticaret Anonim Şirketi represents and warrants that Walkers Dijital Çözümler Ticaret Anonim Sirketi will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developers End-User License Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
Walkers Dijital Cözümler Anonim Sirketi and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-Users possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Walkers Dijital Çözümler Ticaret Anonim Şirketi, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
This License Agreement is governed by the laws of Turkey excluding its conflicts of law rules.
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
18.1. Access to certain features of our Service is subject to you activating a subscription to the Service (“Subscription”).
18.2. All Subscription fees (and any other payments associated with the Service) are handled by the third party app store from which you download the Service, such as Apple (each an “App Store”), as are all Subscription cancellations. We do not process any payments from you or make any refunds to you directly. Payments made to the App Store will be subject to the App Store’s own terms and conditions which you should review carefully before activating a Subscription.
18.3. Any free trial to the Service is offered at our discretion and we may withdraw this offer at any time.
18.4. A free trial to the Service will automatically renew as a paid subscription unless auto-renew is turned off at least 24 hours before the end of the free trial period. Please refer to your App Store terms and conditions for information on how to do this.
18.5. Weekly Subscriptions to the Service automatically renew on the same day each week (the day you subscribed), and you will be charged the applicable weekly Subscription fee by your App Store, unless cancelled in accordance with your App Store’s ts&cs.
18.6. Monthly Subscriptions automatically renew on the same day each month (the day you subscribed), and you will be charged the applicable monthly Subscription fee by your App Store, unless cancelled in accordance with your App Store’s ts&cs.
18.7. Yearly Subscriptions automatically renew on the same date of the year (the date you subscribed), and you will be charged the applicable annual Subscription fee by your App Store, unless cancelled in accordance with your App Store’s ts&cs.
18.8. We (or the App Store) may immediately suspend your access to the Service if your Subscription is not paid by you until such time as the full amount has been paid. If any amount remains unpaid following our notice to you, we may end your rights under these Terms (see further information in the ‘Our right to suspend your access to the Service’ section below.
18.9. If the pricing of our subscriptions changes, we and/or the App Store, will let you know in advance.
18.10. Any increase in Subscription fees will not apply to the current period (i.e. the week, month or year) of your Subscription. If you do not agree to a Subscription fee increase, remember that you can always cancel your Subscription before your next Subscription period starts – see the ‘How to cancel your Subscription’ section below. If you do not cancel your Subscription after receiving notice of a change in Subscription fee, you will be obliged to pay the new Subscription fee from the date on which the next Subscription period commences.
19.1. If you would like to cancel your Subscription to the Service, you will need to do this through your App Store account settings. Further instructions on how to do this can be found here or via your App Store.
19.2. If you cancel your Subscription, the cancellation will take effect at the end of your then-current paid Subscription period. You will continue to be able to access the Service up until that point.
19.3. Please note that we do not provide credit, refunds or pro-rated billing for Subscriptions that are cancelled. All refunds will be handled in accordance with your App Store’s terms and conditions. You can find further information on cancelling orders and any associated refunds on the website of the App Store from whom you purchased the Service. Please make sure you familiarise yourself with your App Store’s policy on refunds before you Subscribe.
19.4. Be aware that European Union residents normally have a right to cancel subscription agreements within 14 days of agreeing to them and to receive a refund. Please refer to your App Store terms and conditions for further information on this, and the circumstances where this may not apply.
20.1. We may temporarily suspend your account or access to the Service if we have reason to suspect that you have breached any of these Terms.
20.2. If we suspend your account:
20.2.1. we will use reasonable endeavours to notify you;
20.2.2. you will not be able to access your account during the period of suspension, while we investigate the circumstances; and
20.2.3. depending on the outcome of our investigation, you may be permanently excluded from the Service. We will use reasonable endeavours to notify you if this happens.
20.3. We can end your rights under these Terms immediately at any time and without refunding any payments made by you if you are in serious breach of these Terms.
20.4. We can also end your rights under these Terms immediately at any time, giving you as much notice as possible, if we’re forced to do so for technical or operational reasons beyond our control. If we end your access in these circumstances, we will use reasonable endeavours to work with your App Store to facilitate a refund of the proportion of your Subscription fee relating to the period you’ve paid for but for which you have not received access to the Service.
20.5. If we end your rights under these Terms, you must immediately stop all activities authorised by these Terms, including your access to the Services.
21.1. Should you require any help using the Service, please email us at: email@example.com