Evoly - Terms Of Use

Last Updated: Feb 19, 2024

Fenix Mobile Yazilim A.S.

(Crucial Information) PLEASE READ THOROUGHLY: The end-user license agreement ("EULA") is a legally binding contract between you ("You", "Your" or "User") and Arc Global ("Application Provider," "We," "Us," or "Our") only, not by Apple Inc. or its subsidiaries (collectively, “Apple”).

The Licensed Application and its content are the responsibility of the Application Provider, not Apple Inc.

This EULA covers the usage of the following:

i) the website(s) on which this EULA is published (the "Site");
ii) the Services (as described below);
iii) the mobile applications (the "Licensed Application(s)") where this EULA is posted

You agree to this EULA and all conditions included herein by downloading or using the Licensed Application, accessing or visiting the Site, or using the Services in any way. You also agree to comply with and be governed by ANY APPLICABLE THIRD PARTY LICENSES OR TERMS WHEN USING THE LICENSED APPLICATION. This EULA includes PROVISIONS FOR THE DETERMINATION OF ANY CLAIMS YOU MAY HAVE, DISCLAIMERS OF CERTAIN WARRANTIES, LEGAL COMPLIANCE, THIRD PARTY TERMS OF AGREEMENT AND LIMITATIONS ON OUR LIABILITY.

The Application Provider shall process all personal data in line with the Privacy Policy of the Licensed Application.

If You do not agree to all of the terms and conditions of this EULA, do not visit the Site, cease using the Services, and remove the Licensed Application from Your device immediately.

Scope of License

  • The Application Provider permits You a non-transferable license to use the Licensed Applications and/or the Services for personal and non-commercial purposes on any Apple-branded device that You own or control, subject to all applicable laws and Apple's guidelines on the use of apps available on its App Store, including the Apple Media Services Terms and Conditions. The use of this Licensed Application by other users is expressly subject to this EULA, as the Licensed Application may be accessed and used by other accounts associated with Your account via Apple Family Sharing or volume purchasing.
  • You may only use the Licensed Application on a device that You own or control and as permitted by the App Store's terms and conditions.

Please keep in mind that the Licensed Applications and/or Services are licensed, not sold, to You for use only under the terms of this EULA, unless they are accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern Your relationship with the Application Provider, subject to Your prior acceptance of that separate license agreement. You do not obtain any ownership rights or licenses by using the Site, and/or the Licensed Applications, and/or the Services.

The Application Provider reserves all rights in and to the Licensed Application not expressly granted to You under this EULA.

License Restrictions

You agree not to, and You will not permit others to:

  • transfer, redistribute or sublicense the Licensed Application except as expressly permitted in this Agreement and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so.
  • license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Licensed Applications or make the Licensed Applications available to any third party.
  • modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Licensed Application.

You may face prosecution and damages if You violate this limitation. Unless such upgrade is accompanied by a separate license, in which case the terms of that license will prevail over this EULA, the conditions of the license will govern any upgrades supplied by the Application Provider that replace and/or augment the Licensed Applications.

You agree to abide by any relevant third party terms of agreement relating to the use of the Licensed Applications and/or Services, which You recognize and accept.

Termination

This EULA is effective until terminated by You or the Application Provider. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.

Maintenance and Support

You and Application Provider acknowledge and accept that

  • Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
  • Application Provider is solely responsible for providing any maintenance and support services with regard to the Licensed Application, as specified in the EULA, or as required under applicable law.

Warranty

The Application Provider will be solely responsible for any other claims, losses, liabilities, damages, costs, or expenditures arising from any failure to adhere to any warranty. Apple Inc. shall have no additional warranty obligations with respect to the Licensed Application. If Application Provider fails for any reason, Apple Inc. reserves the right to refund You at their discretion, up to the maximum extent allowed by applicable law.

App Store's standard refunding procedures:

Please follow the steps below:
1. Go to report a problem.apple.com.
2. Sign in with Your Apple ID and password.
3. Tap or click "I'd like to."
4. Choose "Request a refund."
5. Choose the reason why You want a refund, then choose Next.
6. Choose the item or items that You bought, then choose Submit.

No Warranty

You expressly acknowledge and agree that

  • USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
  • APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON INFRINGEMENT OF THIRD-PARTY RIGHTS.
  • NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
  • SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Product Claims

You and Application Provider acknowledge and accept that only the Application Provider, not Apple is solely responsible for addressing any claims made by You or any third party relating to the Licensed Application or Your’s possession and/or use of that Licensed Application, including, but not limited to:

  • product liability claims;
  • any claim that the Licensed Application fails to comply with any applicable legal or regulatory requirement.
  • claims based on consumer protection, privacy, or other similar legislation, including claims based on the content of the Licensed Application or its use of the HealthKit and HomeKit frameworks if they happen to be applicable.

Intellectual Properties

This EULA is not to be construed as a sale of any rights in the Licensed Applications, the Services, the Site, or any of their content, and it is not to be construed as granting other than to only use, by implication or otherwise, any ownership or right to use any right of the Application Provider and/or its licensor, not Apple Inc., without the written consent of the Application Provider, not Apple Inc., Any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights, related to this Licensed Applications are the exclusive property of the Owner, not Apple Inc., and are subject to the protection provided by applicable laws or international treaties concerning intellectual property, without prejudice to any other provision of these Terms.

Application Provider acknowledges and agrees that if a third party claims that the Licensed Application or Your possession and use of that Licensed Application infringes on that third party's intellectual property rights, Application Provider, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement.

All trademarks, whether nominal or figurative, and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos used in connection with this Licensed Applications are and will remain the exclusive property of the Owner or its licensors and are protected by applicable intellectual property laws or international treaties. Apple®, App Store®, iPhone, iPad, and related trademarks, service marks, names, and logos are the property of Apple, Inc.

Legal Compliance

You represent and warrant that

(i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country.
(ii) You are not listed on any United States government list of prohibited or restricted parties and
(iii) The Licensed Application will not be exported or re-exported to anybody by you on the US Treasury Department's Specially Designated Nationals List, or the US Department of Commerce's Denied Person's List or Entity List.

For European Union (EU) Users:

● If You are a European Union user, You will benefit from any mandatory provisions of the country's law in which You are resident.

Governing Law

● These Terms and Your use of the Licensed Application will be governed by the laws of the Country, excluding its conflict of law rules. Other local, state, national, or international laws may apply to Your use of the Licensed Application.

Contact Us

If You have any questions, complaints or claims with respect to the Licensed Applications and/or the Site and/or the Services and/or this EULA, You can contact us at:

Third Party Terms of Agreement

When using the Licensed Application and/or the Site and/or the Services, You must comply with the applicable third parties such as Google Analytics, Facebook, AppsFlyer, etc. and their terms of agreement.

Third Party Beneficiary

You and Application Provider acknowledge and accept that

  • the provisions of this EULA will not be considered to establish an agreement between You and Apple Inc. or its subsidiaries (accumulatively, "Apple") in any way at all.
  • Application Provider is solely responsible for the Licensed Application and the content thereof.
  • Apple and its subsidiaries are third party beneficiaries of this EULA and can enforce the EULA upon You as a third party beneficiary.

The Application Provider reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Thus, You are advised to review this page periodically for any changes.

By continuing to access or use the Site and/or the Licensed Applications and/or the Services, after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Site and/or the Licensed Applications and/or the Services.