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.
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;
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.
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.
“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
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.
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 that the Products will meet your requirements and do not guarantee that the Products will be indefectible. If you experience an error related to the products, please report it to [email protected]. We will review your complaint and fix the issue as soon as possible. We may suspend access to products if needed when troubleshooting this complaint. NOWANDA does not undertakes any liability if you are unable to use the Products for a reasonable period of time for this reason.
6.2. Your access to the Products may be restricted from time to time for reasons such as maintenance, repair or to allow the promotion of new components or Products. In any case, we will activate the Products as soon as possible. In the event that products are unavailable, our usual cancellation procedure will be applied. Please feel free to let us know any changes you want to make to the Product by sending an e-mail [email protected].
7 | USER GENERATED CONTRIBUTIONS
7.1. The Product may allow you to send us some content: for example, you can upload a photo to your profile, share and comment with the community, comment on various topics in various sections of the Product. You can upload video, image, or audio. Within the scope of these Terms; Any publicly available content you share with us, including texts, files, images, photos, videos, audios, and oral or written works, will be referred to as "User Contributions". The account information you provide when purchasing, registering and using the Product is not deemed as User Contributions.
7.2. This Article 7 sets out our rights and obligations in connection with User Contributions. Your submission of User Contributions will constitute your acceptance of these Terms. If you do not wish to be bound by these Terms, you should not upload User Contributions.
7.3. We do not systematically review User Contributions submitted by you or other users. Therefore, we remind you that we are not responsible for User Contributions provided by you or any other user. The existence of such Contributions does not mean that we endorse it, nor do we make any warranties, express or implied, about the Content, including its legality or accuracy.
7.4. We always reserve the right to modify, re-edit, refuse to post or remove User Contributions (especially if it violates the Terms in this Article 7), or restrict, suspend or terminate your access to all or any part of the Product without prior notice.
7.5. We may combine all or part of User Contributions with other contents, including contributions submitted by other users or created by NOWANDA or third parties. We may use User Contributions for our commercial purposes, such as reviewing trends and categories, promoting and marketing NOWANDA. You acknowledge that you have been informed that we may indirectly derive commercial gain from the use of User Contributions.
7.6. When you create or make available any Contributions, you hereby represent and warrant that:
a. The creation, distribution, transmission, public display, or performance and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, Trade secret, or moral rights of any third party.
b. Your Contributions do not violate any applicable law, regulation, or rule.
c. Your Contributions do not violate the privacy or publicity rights of any third party.
d. Your User Contribution may not be unlawful, obscene, defamatory, threatening, pornographic, offensive, hateful, or racist, may not ethnically attack others, may not contain items that may be subject to criminal sanctions or violate any law. Otherwise, the content in question will be considered inappropriate.
e. Your Contributions are not false, inaccurate, or misleading.
f. Your User Contributions must not advertise any product or service.
g. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
h. Your User Contribution must not belong to anyone under the age of 18. (including name, address or photo or video) if it belongs to a person over the age of 18, the person must have consented to the use of User Contribution. By agreeing to these Terms, you agree that you are not impersonating another person.
i. You may not collect other Users' e-mail addresses for the purpose of sending spam.
j. By accepting these Terms; You undertake and warrant not to engage in criminal or legally unlawful activities, including but not limited to forgery, spam, fraud, sending viruses or other harmful files, infringing copyright, infringing patents or stealing trade secrets, or attempting to impersonate another user or person.
k. You are not allowing the automatic use of systems that use scripts to make changes to our content.
7.7. We would like to remind you that we reserve the right to disclose certain information about you to third parties who claim that you have harmed their rights with User Contribution.
7.8. Your User Contributions are deemed as nonconfidential and non-private content. Therefore, you agree not to post any material you consider confidential as User Contribution. We do not claim any rights over the ownership of your User Contribution. However, by submitting your User Contributions, you grant NOWANDA an irrevocable, perpetual, transferable, royalty-free, worldwide license to publish, copy, display, edit, distribute or otherwise use your Contribution. In addition, any ideas, concepts contained in the Content, with or without attribution, without permission from you, another person or institution, and without the requirement to pay, in any form (without any restrictions, including for commercial, promotional or advertising purposes), you accept, declare and undertake that you authorize it to use it by making changes on all kinds of channels that are currently known and may be used in the future.
7.9. Any questions, feedback, ideas and information (referred to as "Submissions") that are not part of the Product or User Contribution will be deemed not subject to copyright protection and non-confidential. You hereby agree that you have all the necessary rights, permissions and authorizations to use the posts uploaded to the Product in any manner (uploading, forwarding, commenting, e-mail, etc.). In addition to this, you grant NOWANDA an irrevocable, perpetual, transferable, royalty-free, worldwide license to publish, copy, display, edit, distribute or otherwise use them by uploading Contributions.
8 | WEBSITE AND HOME PAGE LINKS
8.1. We may provide links to other 3rd party websites and services for you to access. By approving these Terms, you accept, declare and undertake that this access and what may happen afterward are entirely at your own initiative. We do not review or endorse 3rd party websites or services. NOWANDA has no responsibility for: (a) availability of such 3rd party websites and services, (b) reliability of their privacy practices, (c) their content, advertisements, products and other materials. In addition, NOWANDA is not responsible for any damage, loss or offense allegedly arising out of or in connection with the use of or reliance on such websites or services.
8.2. You may give a link to our homepage, provided you do so in a fair and lawful manner without harming or taking advantage of our commercial reputation. However, you should not do this in a way that creates the appearance of a cooperation or approval relationship between you and NOWANDA, although there is no such thing.
9 | DISCLAIMER FOR PRODUCTS
9.1. The information contained in the Products is for general information purposes only. Although we try to keep the content of this information accurate and up-to-date, we do not make any warranties, in terms of completeness, accuracy, reliability, suitability or usability of the Products or the information contained in the Products. Therefore, it is strictly your responsibility whether or not to rely on such information.
10 | DISCLAIMER FOR MEDICAL LIABILITY
10.1. NOWANDA is a mobile meditation content provider operating in the field of personal development and wellness. In other words, it is not a health service or medical device manufacturer in any way. Therefore, our products or content should not be considered as medical advice. Only your doctor or the health institution you work with can give medical advice. NOWANDA never claims that its Products provide a therapeutic benefit, although some third-party research has shown that meditation can help prevent and heal in a variety of situations, as well as help with certain performance and relationship issues. No material and content can be interpreted in this way.
10.2. The information and links contained in the products, either produced directly by NOWANDA or created by contracted service providers, are provided solely for your convenience.
10.3. Although rare, there have been reports of people with certain psychiatric problems, such as anxiety and depression, experiencing conditions that worsen with intense meditation practice. If you are experiencing problems with your mental health, you should consult a specialist before starting to use a meditation practice.
11 | MOBILE APPLICATION LICENSE
11.1. Use License
If you Access the Website via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to Access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms.
11.2. By approving this License Agreement, you agree, represent and warrant that you will not do the following or allow any third party to:
a. Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application,
b. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application,
c. Violate any applicable laws, rules, or regulations in connection with your Access or use of the application,
d. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application,
e. Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended,
f. Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time,
g. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application,
h. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application,
i. Use the application to send automated queries to any website or to send any unsolicited commercial e-mail,
j. Use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
12 | GENERAL TERMS
NOWANDA may transfer its rights and obligations under these Terms to any company, firm or person at any time. However, you may not transfer your rights and obligations under these Terms to anyone else. The terms are specific to you and unless otherwise stated, a third party cannot benefit from the rights contained herein.
By approving these Terms, You will defend and indemnify NOWANDA and its directors, officers, members, investors, directors, employees and representatives; from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of your use of the Products, your transmission of any message, content, information, software or other submissions through the Products, or your violation of the law or these Terms. You agree, represent and warrant that you will keep them free of any liability. By agreeing to these Terms, you also agree to cooperate with NOWANDA in the defense of a 3rd party claim should such situation arise.
12.3. Commitments and Limitations
a. We warrant to you that any Product purchased from us will meet its description in essential characteristics.
b. We warrant that we will use reasonable effort and care to provide the Products to you during your subscription.
c. Products and their contents are provided as is. We do not make any binding statements or warranties regarding the correctness, completeness, etc. of the products or their contents.
Any delay or error in the use of any of the rights and/or powers granted to the Parties by this Agreement shall in no way be interpreted as a waiver of this authority and/or right. The use of one or some of the said rights and/or powers does not constitute an obstacle to the use of other rights and/or powers acquired by this Agreement in the future.
12.5. Force Majeure
NOWANDA is not responsible for any errors, delays, lack of performance or deficiencies arising from any reason beyond our control regarding the products.
12.6. Electronic Communications
a. Applicable regulations may require that some of the information we send you or the communication processes as a whole be in writing. By approving these Terms, you agree, represent and undertake to conduct transactions electronically while using the Products. Essentially, your communication with us will also take place electronically. We may communicate with you via e-mail, or we may share information by sending notifications through the Products. By accepting these Terms, you represent and warrant that electronic communication and all agreements, notices and information electronically transmitted to you, will fulfill the written form requirement that may be required by law.
b. To keep a copy of these Terms, please click the "Print" button and select the appropriate printer. If you don't have a printer, you can copy the text and paste it into a new document in a word processor or text editor on your computer, and save the text.
c. We reserve the right, at our sole discretion, to discontinue electronic communications or to terminate or change these terms and conditions governing electronic communications. In the event of a change, we will inform you as required by the relevant regulations.
Unless specifically stated otherwise, all notifications to NOWANDA by you should be made to [email protected]. We can send notifications to you via e-mail address you provided during registration. We can also use the methods mentioned in the article. Notifications sent through the products, transmitted by e-mail or shared by any other electronic means shall be deemed to have been duly communicated and duly received. When the validity of a notice sent via e-mail is disputed, it is sufficient to prove that the e-mail was sent to the recipient's specified e-mail address.
12.8. Entire Agreement
These Terms and any other documents expressly referenced herein constitute the entire agreement between you and NOWANDA and supersede all prior discussions, correspondence, negotiations, arrangements, understandings or agreements on the subject. Both parties agree that they do not attach any meaning to any statement or commitment not contained in these Terms or any other documents to which they are expressly referenced, and do not consider them binding.
12.9.1. We will use reasonable efforts to correct defects in the products. If we violate these Terms, our liability is limited only to the purchase price of such Products. We would also like to point out that we will not be responsible for:
a. any damage caused during the registration process or at the completion of a subscription or transmission of any data due to computer malfunction and/or incorrect or excessively slow data transmission by the Internet provider and/or information sent by you or a technical error.
b. Any loss or damage caused by viruses or other malicious software that may reach you and infect your Device, computer equipment, software, data or other property due to your accessing, using or downloading the Products, or by e-mails or attachments received from us.
c. Loss or damage caused by your use of websites linked in the Products but operated by third parties.
12.9.2. In no event shall NOWANDA and its affiliates, suppliers, customers or licensors (collectively, the "Protected Entities") be liable in connection with the content posted, transmitted, modified or received on or within the Products by or on behalf of any user. The total liability of the Protected Entities for any damage or loss resulting from your breach of these terms and conditions or your use of the Products may in no way exceed the total price paid by you to NOWANDA for the use of the Products.
12.10. Dispute Resolution
The Parties will make every effort in good faith to resolve all disputes arising from the application of these Terms primarily by means of conciliation and peace. In the event that the disputes cannot be resolved between the parties by means of reconciliation and peace, Istanbul (Çağlayan) Courts and Enforcement Offices are exclusively authorized for the resolution disputes arising from the Terms.
12.11. Applicable Law
This Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey.
In case any provision in Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
These Terms, last updated on 17 August 2022, entered into force with its publication.