Nowanda Privacy Policy

Latest Update: 15/10/2024

Anda Burada Kişisel Gelişim ve Sağlıklı Yaşam Danışmanlık ve Yayıncılık Hizmetleri Anonim Şirketi, a company duly incorporated and existing under the laws of Turkey, with its registered office at İstanbul, Turkey, including its affiliates and subsidiaries (the "NOWANDA", “we/us”) is committed to protecting and respecting your privacy. This privacy policy (“Privacy Policy”) explains how we collect, use, share and protect data that identifies or is associated with you (“Personal Data”) in relation to our Website www.nowanda.app and Nowanda app including the Service (as defined in “Terms and Conditions of Use”) offered on our website and app (the “Platform”), and your choices about the collection and use of your information.

NOWANDA is a mobile application and mindful living Platform offering sleep stories and meditations for kids and parents. Our Privacy Policy applies to all visitors, users, and others who access the Platform (“Users”).

Before accessing or using the Platform, please ensure that you have read and understood our Privacy Policy. We may change this Privacy Policy at any time by notifying you of the change by email or by posting a notice on the Website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest version.  This Privacy Policy was last updated on [August 19th, 2022].

INFORMATION WE COLLECT

1 | INFORMATION WE COLLECT

1.1. Information We Collect When You Use Our Platform

i. Log file information: We collect information that your device sends whenever you visit our Platform. This log file information may include information such as your device’s Internet Protocol address, type, version, the pages of our Platform that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

ii. Analytics services (non-personally identifiable information only): We use third-party analytics tools to help us measure traffic and usage trends for the Platform. These tools collect information sent by your device or our Platform, including the web pages and apps you visit, add-ons, and other information that assists us in improving the Platform. The tools use ‘cookies’, which are text files placed on your device, to collect your log information and behavior information in an anonymous form. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User. With respect to Google Analytics: although Google Analytics plants a permanent cookie on your web browser to identify you, the cookie can only be used by Google. Google’s ability to use and share information collected by Google Analytics about your visits is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits by disabling cookies.

iii. Remarketing: We use remarketing services to advertise on third-party websites to you after you visited our Platform. We, and our third-party vendors, use cookies to inform, optimize, and serve ads based on your past visits to our Platform.

iv. Google: Google Ads remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting Google Ads Settings. Google also recommends installing the Google Analytics Opt-out Browser Add-on for your web browser. This service provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.

1.2. The Information You Provide

Please find below the type of information we may require from you in order to provide our services on the Platform:

PERSONAL DATA TYPE

COLLECTING STATUS

full name

+

gender

+

phone Number

+

address, postal code, city, state

+

e-mail address

+

date of birth

+

username and password

+

IP address

+

communications between you and us

+

subscriptions/preferences

+

financial information

+

2 | USE OF PERSONAL DATA

2.1. We use your personal data to:

a) Provide you with services through Platform.

b) Answer your questions, requests for information or to evaluate your complaints.

c) Ensure that the content provided through the Platform is presented in the most efficient way for you, your computer or other device.

d) Send promotional messages, such as commercial emails, to the extent that you have consented to receive such communications in accordance with applicable regulations.

e) Fulfill our obligations arising from the contracts concluded between you and us.

f) Provide you with access to interactive features of the Platform upon your request.

g) Inform about updates or changes in features and content of platform.

h) Identify your broad and non-specific geographic location to help us identify groups of users across general geographic markets (such as postal code, region or country).

i) Calculate current sales taxes on postal codes provided to our payment processors for purchases made through the website.

j) Serve our ads to you through third party platforms such as Facebook or Google, if you have given your consent to do so in accordance with applicable regulations.

k) Provide SMS Services if you have given such consent pursuant to applicable regulations.

l) Manage your order and payment.


3 | LEGAL REASONS FOR USING YOUR PERSONAL DATA

3.1. We will process your personal data for a number of reasons:

a) You have given us an explicit consent;

b) It’s necessary for us to process your personal data regarding the performance of a contract. 

c) Processing is necessary for our legitimate business interests or those of a third party: provided this does not override any interests or rights that you have as an individual. Our legitimate interests are:

● managing our business and relationship with you or your company or organization;

● understanding and responding to inquiries and User feedback;

● understanding how our Users use the Platform;

● identifying what our Users want and developing our relationship with you, your company or organization;

● improving our Platform and offerings;

● developing relationships with business partners;


4 | WITH WHOM DO WE SHARE YOUR PERSONAL DATA?

4.1. We share your information with others as follows:

● Suppliers: who support our business including IT and communication suppliers, outsourced business support, business intelligence, marketing, and advertising agencies, and back-up vendors. Our suppliers have to meet standards regarding information security and they will only be provided data in line with their function.

● Change of control: If we sell or otherwise transfer part or the whole of NOWANDA or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information and any other information collected through the Platform may be among the items sold or transferred. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

● Legal requests and preventing harm: We may access, preserve and share your personal data in response to a legal request (like a search warrant, court order etc.) if we have a good faith belief that the law requires us to do so. We may also access, preserve and share information when we have a good faith belief it is necessary to (i) detect, prevent and address fraud and other illegal activity and (ii) to protect ourselves, you, and others, including as part of investigations. Information we receive about you may be accessed, processed, and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.


5 | SAFETY AND SECURITY

5.1. NOWANDA has taken appropriate technical and organizational measures by using the latest technologies to protect your personal data against loss or unlawful processing. We use safeguards to help keep the information collected through the Platform secure and take steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, we cannot ensure the security of any information you transmit to us or guarantee that information on the Platform may not be accessed, disclosed, altered, or destroyed. We request you to do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and us, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.


6 | YOUR RIGHTS

6.1. If you are resident in the European Union, in accordance with General Data Protection Regulation, you have the following rights in respect of your personal information that we hold:

● Access: you are entitled to ask us if we are processing your personal data and, if we are, you can request access to your personal data. This enables you to receive a copy of the personal data we hold about you and certain other information about it;

● Correction: you are entitled to request that any incomplete or inaccurate personal data we hold about you is corrected;

● Erasure: you are entitled to ask us to delete or remove personal data in certain circumstances. There are also certain exceptions where we may refuse a request for erasure, for example, where the personal data is required for compliance with law or in connection with claims;
Restriction: you are entitled to ask us to suspend the processing of certain of your personal data about you, for example, if you want us to establish its accuracy or the reason for processing it;

● Portability: you have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person;

● Objection: where we are processing your personal data based on a legitimate interest (or those of a third party), you may challenge this. However, we may be entitled to continue processing your information. You also have the right to object where we are processing your personal information for direct marketing purposes;

● Automated decisions: you may contest any automated decision made about you where this has a legal or similar significant effect and ask for it to be reconsidered;

● Consent: where we are processing personal data with consent, you can withdraw your consent.

Residents in other jurisdictions may have similar rights to the above. If you want to exercise any of these rights, please contact [email protected].

You also have a right to lodge a complaint with a data protection supervisory authority, in particular in a member state in the European Union where you are habitually resident or where an alleged infringement of Data Protection law has taken place.

● Deleting Personal Data: There are 2 ways to delete your contact information and data:

1- Upon Request: You can send an email to [email protected] and your personal data including your contact information and usage will be deleted within 3 business days. 

 2- Doing the process yourself: You can delete your contact information, user information and usage data yourself via  clicking on “Delete My Account” option placed under the Profile section of Nowanda Mobile App by following instructions below. 

Click on the “OTHER” section in the mobile app. Choose “Personal Information” and then “My Profile” options. Click on the “UPDATE” link placed on the upper right corner. 

Click on “DELETE MY ACCOUNT” link, placed at the bottom of the page.


7 | THIRD-PARTY APPLICATIONS, WEBSITES, AND SERVICES

7.1. We are not responsible for the practices employed by any applications, websites, or services linked to or from our Platform, including the information or content contained within them. Please remember that when you use a link to go from our Platform to another application, website, or service, the Privacy Policy does not apply to those third-party applications, websites, or services.

7.2. Your browsing and interaction on any third-party application, website, or service, including those that have a link on our Platforms, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your account. 

7.3. If you are using a third-party app, website, or service and you allow them to access your account you do so at your own risk.


8 | HOW LONG DO WE KEEP YOUR DATA?

8.1. We generally keep your information only as long as needed to provide the services on our Platform. We will retain your information as necessary to comply with legal, accounting, or regulatory requirements.


9 | WHERE WILL YOUR INFORMATION BE HELD?

9.1. Your information will be held on servers in European Economic Area. We will take steps to protect your information in line with locally applicable data protection requirements.

Your information may be transferred to, and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. If you are located outside the European Economic Area and choose to provide information to us, please note that we transfer the information to the European Economic Area. Your consent to this Privacy Policy followed by your submission of personal data represents your agreement to that transfer.


10 | COOKIES

10.1. Cookies are small text files that are placed on your device by websites and apps that you visit. They are widely used in order to make websites/apps work, or work more efficiently, as well as to provide information to the owners of the site. See below for details on what information is collected by cookies and how we use that information.

10.2. NOWANDA uses cookies to gain a better understanding of how visitors use this website. Cookies help us tailor NOWANDA Website to your personal needs, to improve their user-friendliness, gain customer satisfaction feedback on our websites (through designated partners) and to communicate to you elsewhere on the web. To enable this, some cookies are applied when you enter our site.

10.3. NOWANDA keeps all the information collected from cookies in a format that is not personally identifiable. NOWANDA cookies located on your computer do not retain your name or your IP address.

10.4. The following types of cookies are used on NOWANDA Platform.

a) Necessary Cookies

These are cookies that are strictly necessary for the operation of a website. Without these cookies, this website won’t work properly. Accordingly, we are not asking you for your specific consent for those cookies. For all other cookies, your informed consent is required.

b) Session Cookies

Session cookies are temporary cookie files which are erased when you close your browser. When you restart your browser and go back to the site that created that cookie, the website will treat you as a new visitor.

c) Functional Cookies

These are cookies that are set up to improve the functionality of the website. For example, cookies that remember the content you previously viewed on this website or the email address and password you provided when registering during an earlier visit to this website. Using Functional cookies may allow us to serve you content tailored to your interests and save you the time of having to re-register or re-enter information when you re-visit this website or try to access certain subscription-only sections. We may also use Cookies to lockout underage users from certain activities.

NAME

PROVIDER

PURPOSE

EXPIRY

TYPE

_ga

Google

Registers a unique ID that is used to generate statistical data on how the visitor uses the website.

2 years

HTTP

_gat

Google

Used by Google Analytics to throttle request rate

1 day

HTTP

_ga_2T5J5Q0E6D

Google

These cookies are used to collect information about how visitors use our website. We use the information to compile reports and to help us improve the website.

30 days

HTTP

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Nowanda Terms of Use

1 | NOWANDA PRODUCTS

1.1. These Terms of Subscription and Use (“Terms”); www.nowanda.app website (“Website”), our mobile applications (“Applications”) and other instruments (Website, content, service, product and Applications) will be collectively referred to as “Product” and/or “Products” within these Terms. The Products may be updated from time to time in NOWANDA's sole discretion. Please ensure that you read these terms and conditions carefully before placing an order (“Order”) for Products from the Website and third-party app stores (Apple App Store, Android Play Store, Amazon etc.).

1.2. The terms “NOWANDA”, “we” and “us” refer to our company whose trade name, official registration number, address and contact information are given below. Trade Name: Anda Burada Kişisel Gelişim Ve Sağlıklı Yaşam Danışmanlık Ve Yayıncılık Hizmetleri Anonim Şirketi (“NOWANDA”) Registartion No: 0069103077100001 Address: Esentepe Mah. Yıldız Posta Cad.No:21 İç Kapı No:4 Şişli/İstanbul/TURKEY Phone: +90 212 216 27 99 E-Mail Address: [ [email protected] ]

1.3. The term “Device” refers to; including but not limited to computers, smartphones and tablets used to access the Products. The term “you” refers to users of the Products. By purchasing any Product or using such Products in any manner, you agree to be bound by these Terms and all other laws, rules, and regulations. In this respect, you may be requested to click on the "I Accept" box that will appear before ordering, using and other similar transactions. In such a case, if you do not click the "I Agree" box, you may not be able to complete the purchase or permitted to access to the Products. By using the Products, you warrant that you agree to abide by these Terms. If you do not agree to these Terms, please refrain from using the Products.

1.4. For communication, you can send an e-mail to [email protected]. All correspondence of any request, opinion, etc. that you may wish to convey to NOWANDA regarding the use of the Products or these Terms will be made through this e-mail address.

1.5. Use License;

a. These Terms govern the entire agreement between You and NOWANDA regarding the supply and use of the Products. You may also need to agree to some additional terms and conditions before you can use some Products. In all cases, such additional terms and conditions apply as an integral part of these Terms. If there is a conflict between the additional terms and conditions and these Terms, the additional terms and conditions will apply.

b. Please check the accuracy and completeness of the details of these Terms and the Order before you bind yourself with the obligation to purchase the Products. Likewise, if you think there is an error, be sure to request written confirmation of the relevant changes. We would like to remind you that we are only responsible for statements made in writing by NOWANDA officers.

c. By using the Products, you consent to the processing and storage of your personal data within and outside the Republic of Turkey, including data processing and storage activities for the purposes of processing payments and monitoring individual use of the Products. Accordingly, by using the Products, you understand and agree that the data protection level in the Republic of Turkey and other countries where your data may be processed and stored may not be at the same level as your country of residence. The personal data in question; Necessary measures will be taken by us at the point of compliance with the legal regulations in force regarding transfer, storage and use.

d. NOWANDA reserves the right to change and/or update these Terms or other policies and practices at any time. These amended or updated Terms are posted on this page, users are being informed in this manner. All kinds of changes and updates in this context become effective immediately after the publication at www.nowanda.app. Your continued use of the Products will mean that you accept the Terms as amended and will act accordingly. Under certain circumstances, we may also choose to notify you of changes or updates to our Terms through Products or through additional means and methods such as emails, pop-ups or push notifications.


2 | BECOMING A USER AND SUBSCRIPTION

2.1. Become a User

a. You can become a user (“USER”) to benefit from the products as a registered user. For becoming a user, you will need to go to the relevant section of the Products, submit your e-mail address and create a password to be used with this e-mail address. We would like to emphasize that you are responsible for maintaining the confidentiality of your account and password and for controlling who accesses your Devices. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.

b. During your use of the products, we may require you to provide us with certain personalized information (hereinafter "User Information"). This User Information may simply contain information about your Facebook or similar social network profiles. Our data collection and use policies regarding keeping User Information confidential are determined in the NOWANDA Privacy Policy. By approving these Terms, you accept, declare and undertake that you are solely responsible for the content and accuracy of User Information and that you will keep this information up to date. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have right to suspend or terminate your account and refuse any and all current or future use of the Products.

c. By ordering and/or using the products, you represent and warrant that

i. You have the capacity to act and can conclude binding contracts;

ii. You have the legal capacity, and you agree to comply with these Terms of Use

iii. All registration information you submit will be true, accurate, current and complete; 

iv. You will maintain the accuracy of such information and promptly update such registration information as necessary; 

v. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Product; 

vi. You will not use the Product for any illegal or unauthorized purpose; 

vii. Your use of the Product will not violate any applicable law or regulation.

2.2. Liability After Becoming a User

You agree to keep your user account, password and other User Information confidential and will be responsible for all use of your account and password. You are responsible for restricting third party access to your Device to protect the confidentiality of your account, password, and other User Information and to assist to protect such information.

2.3. Use of NOWANDA by Minors

To become a member as a registered user, you must be 18 years old or the legally accepted age of majority in your province, region or country. Persons under the age of 18 or legal age of majority may use the Products only with the consent and supervision of their parent or guardian, under their account, subject to these Terms.

2.4. Usership

Becoming a NOWANDA User; You permitted to access to the sections, features and functions of the products that are not available to non-users.

By agreeing to become a user, you also consent to receive special offers, marketing, surveys and Product-based communication emails. You can easily unsubscribe from NOWANDA Commercial Messages by following the opt-out instructions in these messages. NOWANDA usership and subscriptions are non-transferable. Therefore, it cannot be sold, bartered, or transferred in any way.

2.5. Subscription Options

a. NOWANDA account holders have two options to access the Products:

i. Free Premium Subscription “Trial”: It is a free program that gives unlimited access to all features accessed by annual Premium subscribers for 7 days, and to all features accessed by monthly and 6-month Premium subscribers for 3 days.

ii. Paid Premium Subscription: Program with unlimited access to all content and subscription fee. Your subscription must be present and active in order for you to continue to have access to the subscription program. However, you may also be accessing the Paid Subscription program during the free trial period within certain promotional offers. All subscription programs allow access through the Products. You can subscribe to the Subscription Program by purchasing a subscription from Application stores or through packages prepared in cooperation with our package subscription partners. Please note that if you purchase a subscription via the Apple App Store or our iPhone app, the sale is final and as a rule non-refundable. However, such purchase is subject to Apple's then-current payment policy, and you may not be eligible for a refund pursuant to this policy, even if NOWANDA wishes otherwise. Please also note that if you purchase a subscription via Google Play, the sale is still final and as a rule non-refundable. However, this purchase is subject to Google's current payment policy, and you may not receive a refund even if it is accepted by NOWANDA in accordance with this policy. If you make a purchase through our package subscription partners, it is deemed that you understand that your purchase may also be subject to other terms and conditions prepared by these partners and the return policy may also be managed by these partners.

b. NOWANDA; It offers monthly, 6-months and annual subscription options. In terms of monthly, 6-month and annual subscriptions, a month means 30 calendar days, 6 months means 182 calendar days, and a year means 365 calendar days.

c. The fee for our “monthly” subscription program is paid in monthly basis. You acknowledge, declare and undertake that NOWANDA is authorized to collect from the credit and/or debit card used to pay the initial subscription fee or other payment methods specified in paragraph 2.5(f) (“Payment Method”) for each month in which your Monthly subscription is active. Monthly renewing subscription fees will continue to be automatically billed to the Payment Method provided by you until the subscription is cancelled. In order not to pay the subscription fee for the next month via the Payment Method you have chosen, you must cancel your current subscription before renewing it. In any case, a partial refund cannot be claimed for the month in which the cancellation took place.

d. The fee for our “6-month” subscription program is paid at the beginning and all at once, in case of 6-month renewals. You agree, declare and undertake that NOWANDA is authorized to collect the renewed six-month subscription fee from the Payment Method used in the payment of the first six-month fee used as of the date of purchase, for each period in which your 6-month subscription is active, without discount. In order not to pay the subscription fee for the next six months via the Payment Method you have chosen, you must cancel your current subscription before renewing it. In any case, a partial refund cannot be claimed for the six months in which the cancellation was made.

e. The fee for our “annual” subscription program is paid from the beginning and all at once, in case of annual renewals. You acknowledge, declare and undertake that NOWANDA is authorized to collect the renewed annual subscription fee without discount (i) from the Payment Method used to pay the first annual subscription fee applied as of the date of purchase (ii) for each year in which your Annual subscription is active. In order not to pay the subscription fee for the next year via the Payment Method you have chosen, you must cancel your current subscription before renewing it. In any case, a partial refund cannot be claimed for the year in which the cancellation took place.

f. By approving these Terms, you agree, represent and undertake to notify NOWANDA of any changes in the Payment Method while your Subscription is running. You are responsible for all fees and charges payable, including subscriptions purchased and other taxes.

g. During your use of the products; NOWANDA and/or a third party payment service provider in partnership with us may obtain your updated credit card information from your credit card service provider and apply it as a Payment Method to avoid interruption of your subscription due to an expired or invalid card. The decision regarding the delivery of your updated credit card information to NOWANDA or NOWANDA's payment service providers rests entirely with your credit card service provider. Your credit card service provider may grant you the right to opt out of this update service. If you have such a request, please contact your credit card service provider.

h. Our obligation to deliver the products only begins when we receive your Order receipt, and your purchase will be confirmed by an e-mail immediately thereafter. Please include your Order number in all future correspondence with us. VAT is included in the price unless otherwise stated in the pricing stated in the App. NOWANDA is in no way responsible for any banking charges incurred in making payments to your account. You hereby declare and undertake that you will hold NOWANDA away from responsibility for these and similar costs. When you agree to these Terms, you agree to pay us, upon request, the amount you have committed to pay, if your payment cannot be collected through the Payment Method you have provided to us. The sale and/or use of the Products purchased from NOWANDA for commercial purposes is strictly prohibited.

2.6. System Requirements

Your device must have some minimum system requirements in order to enjoy NOWANDA through your smartphones or other Devices. These requirements that can be updated time to time can be checked from Google, Apple and other application markets.

2.7. Gift

“Gift Subscriptions” basically provides the opportunity to access the Products with prepaid subscriptions. The person who purchases the gift by making the payment will be referred to as the "Gift Giver", and the person who receives and uses the Products as a gift with the Gift Subscription will be referred to as the "Recipient". Payment for the Gift Subscription is made at once and in advance. Once the Gift Giver has completed the purchase, s/he will receive the Order confirmation and receipt. The NOWANDA Gift Subscription is sent to the Recipient on the date determined by the Gift Giver. Gift codes can only be used for once only in the country of purchase.

These codes cannot be redeemed, sold, or combined with other offers, including a free trial. Please note that gift codes cannot be used if the Recipient has already purchased a subscription via the Apple App Store or our iPhone app or Google Play Store or our Android app. The invoice for Gift Subscriptions will be automatically issued at the time of purchase. A future delivery date does not affect this. Unused Gift Subscriptions cannot be returned or used in any other way. NOWANDA notifies the Recipient that the gift usage period is about to expire, before the Gift Subscription expires. NOWANDA is not responsible for the loss, theft or unauthorized use of the Gift Subscription.

2.8. Corporate Users and Other Consumer Communities

Although NOWANDA is a consumer products company, it is increasingly attracting the attention of large consumer communities (companies, universities, hospitals, etc.) (“Communities”) who want to make Products available to their employees and members. In some cases, these Communities may add their own terms and conditions to these Terms. In this case, the Community terms and conditions may also be applicable for the use of the Products. In the event of a conflict between the community terms and these Terms, these Terms shall prevail.

2.9. Changes on Fees

We reserve the right, without notice, to modify the scope of the subscription plan sor services/products and/or components of our services/products without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your purchase of product(s) or services will take effect following notice to you. Such price changes will not, however, be retroactive to products or services you have already purchased; only future purchases.


3 | CANCELLATION OF USERSHIP

3.1. Cancellation of Services by User

a. You can cancel your monthly subscription at any time. Cancellation shall be affective from the following month. You can initiate the cancellation procedure from here or by sending an e-mail to [email protected].

b. You can cancel you annual subscription within 30 calendar days from the first payment day by sending an e-mail to [email protected] concerning your request, under the scope of “30-Day Refund Offer”, which provides cancellation with a refund. The right to refund is one time opportunity. After the refund, you do not have a 30-day refund right for annual subscriptions that you may enroll in the future. Likewise, no such refund will be made for subsequent renewals of Annual subscriptions or subscriptions purchased through our Apple App Store or iPhone application or Google Play Store or Android application.

c. Please kindly note that if you purchase a subscription via the Apple App Store or our iPhone application, you can cancel your subscription via the App Store Account Settings, and the subscription or subscriptions purchased through our Google Play Store or Android application can be cancelled via the Google Play Account Settings.

3.2. Cancellation of Services by NOWANDA

We may suspend or terminate your use of the Products in case of fraud or breach of any obligation under these Terms. Such termination or suspension may be made immediately without notice. Violation of these Terms includes, but is not limited to, unauthorized copying or downloading of our audio or video content from the Products.

3.3. Promotion and Discount Codes

Any promotional codes or offers (including Special Offers) provided by us can be combined with any other promotional codes or offers. Unless expressly stated otherwise, Promotional offers are only available to new users who will use the Products for the first time. Users who have used the products before and users of the trial plan are not considered as “new users”. Discount and promotional codes do not apply to Corporate or Community subscriptions. Unless expressly stated otherwise in the promotional terms, all pricing-related discounts and promotions are valid for the first subscription period only. Renewals of these subscriptions are charged over the non-discounted prices of the relevant subscription.


4 | PROHIBITION OF USE REGARDING THE PRODUCTS

4.1. By accepting these Terms, you agree, declare and undertake not to use or otherwise transmit viruses or other malicious software designed to adversely affect, disrupt, damage, destroy or limit the functionality of the Products or the equipment directly or indirectly connected with the Products. . You also agree not to interfere with servers or networks connected to the Products or violate the procedures, policies or regulations of networks connected to the Products. You may not access the products without authorization. By accepting these Terms, you represent and warrant that you will not impersonate another person, engage in offensive behavior, or use the Products for illegal or harmful purposes while using the Products.

4.2. You may be committing an offense under the law by violating these Terms set forth in Article 4. We may report any such violation to relevant law enforcement authority, and we may cooperate with authorities by disclosing your identity. In such event, your right to use the Products will be terminated immediately.

4.3. By accepting these Terms, you represent and warrant not to use the Products for scientific research, analysis or evaluation purposes without the express written consent of NOWANDA.


5 | MATERIALS OFFERED THROUGH THE PRODUCTS

5.1. Copyright 

a. Unless otherwise stated all materials (including software and content, whether downloaded or not) contained in the Products are owned by NOWANDA (or our affiliates and/or third-party licensors, if any). By accepting these Terms, you represent and warrant that all materials have economic value and you do not acquire any ownership rights in any material protected by intellectual property laws. Except for the framework set forth in these Terms, the Materials shall not be used under any circumstances without written permission from NOWANDA.

b. By agreeing to these Terms, you acknowledge that certain materials contained in the Products are the property of third party licensors and, without prejudice to all other rights and powers, such third party licensors may directly enforce such Terms to your detriment.

c. NOWANDA's audio or video content that is not expressly designated as freely available for download shall not be downloaded or copied from the Products or any Device.

d. The products are not intended for your commercial use. Commercial advertisements, affiliate links and so on may be removed by us without notice and this may result in the termination of certain privileges. You may not commercially use any of the materials used in or on the Products without our written permission. Materials in the Products shall not be copied, distributed, republished or transmitted in any form without our prior written consent. Any unauthorized use or mere violation of these Terms will immediately and automatically terminate your right to use the Products and may expose you to legal liability.

e. A limited amount of content can be determined for the user as eligible to share on their personal social media accounts (Facebook, Twitter, etc.) and the user can be authorized in this regard. With respect to content made available by NOWANDA through the Products and identified as available for distribution (“Distribution Content”) as part of your blog or online comments, analytics and reviews (“User Comment”); NOWANDA grants you a limited right to download, reproduce and disseminate. Your display and distribution of Distribution Content may be subject to other terms and conditions by NOWANDA (such as displaying and distributing Distribution Content in Products only within specified expiry dates). By agreeing to these Terms, you declare and undertake not to use a Distribution Content that is false, untrue or misleading, or that promotes illegal, harmful, threatening, defamatory, offensive, unfair, defamatory activity or behavior, obscene, pornographic, libelous, violates the privacy of others, hateful, racist or ethnic or otherwise objectionable. Distribution Content may contain trackers that allow us to collect information regarding the distribution and consumption of that content.

f. You cannot otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works, sell or transfer any content, code, data or material in the Products. Unless otherwise stated above, if you use the Products or their content, code, data or materials without permission, you may violate the legal regulations of the Republic of Turkey and other countries regarding copyright and other matters, and you may be liable for such unauthorized uses. NOWANDA will protect intellectual property rights to the full extent permitted by law, including seeking criminal prosecution.

5.2. Trademark

NOWANDA®, the NOWANDA logo and all other NOWANDA product and service marks are trademarks of NOWANDA. The Intellectual Property of all other trademarks, logos, images, products and trade names displayed on and inside the products belong to their respective right holders. You shall not have the right to use, modify or destroy or copy such material in any manner. It is strictly forbidden to abuse the trademarks displayed on the products. NOWANDA will protect trademark rights to the fullest extent permitted by law, including seeking criminal prosecution.


6 | CONDITION OF THE PRODUCTS

6.1. Although we aim to provide you with the best possible service, we do not in any way make any commitment th