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Terms of Use

Acceptance of the Terms of Use

 

These Terms of Use constitute a legal agreement between you, whether as an individual user, a representative of an entity, or in any other capacity (hereinafter referred to as "you" or "the user"), and Bigtaus Information Technologies A.S. (hereinafter referred to as "Company," "we," "us," or "our").

 

Please read the Terms of Use carefully before you start using the App. By utilizing the App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

Changes to the Terms of Use

 

We will make reasonable efforts to notify users of any significant changes to these Terms of Use through email or in-app notifications. However, it is your responsibility to review these Terms periodically for changes. The date of the last revision of these Terms is indicated at the top of this page. Upon any major update, you may be required to acknowledge or accept the updated Terms before continuing to use the App, ensuring your understanding and agreement to the changes.

Accessing the App and Security

You are responsible for ensuring that you have the necessary technology, such as a compatible smartphone or computer, and a stable internet connection to use the App effectively. Additionally, we recommend maintaining a secure internet connection to enhance your user experience and security.

 

Registration Information

 

In registering for the App, you agree to provide true, accurate, current, and complete information about yourself as prompted by the App's registration form. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof). Furthermore, we assure you that the information provided will be used in accordance with our Privacy Policy, which details how we handle and protect your data. 

Confidentiality of Access Credentials

 

You are responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account as a result of failing to keep this information secure and confidential. If you believe that your account's security or your access credentials have been compromised, you must immediately notify us at info@letsparky.com. For enhanced security, we strongly recommend using strong, unique passwords for your account and enabling two-factor authentication (2FA), if available.

 

App Updates

 

To ensure optimal performance and security, it is strongly recommended that you keep the App updated to the latest version. We will provide notifications within the App or via email when new updates are available. Each update may include important security improvements, new features, or bug fixes. You can enable auto-updates in your device settings to ensure you always have the latest version of the App.

Intellectual Property Rights

 

If the App allows you to post or upload content, you retain all rights to any original content you provide. However, by posting or uploading content, you grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, distribute, publish, and process the information and content that you provide through our services. This license is granted without any further consent, notice, and/or compensation to you or others. You are responsible for ensuring that your content does not infringe on the intellectual property rights of others and adheres to our content guidelines. Examples of how we might use your content include displaying it within the App, reformatting it, incorporating it into advertisements or other works, promoting it, and distributing it.

 

Prohibited Uses

You agree not to use the App in the following ways, which include but are not limited to:

  •  for any unlawful purpose;

  •  to solicit others to perform or participate in any unlawful acts; 

  •  to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

  •  to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  •  to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  •  to submit false or misleading information;

  •  to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the App, other websites, or the Internet;

  •  to collect or track the personal information of others;

  •  for any obscene or immoral purpose or;

  •  to interfere with or circumvent the security features of the App, other websites, or the Internet.

Violation of any of these prohibitions may result in immediate termination of your access to the App and may subject you to civil and/or criminal penalties.

Device Responsibility

As the owner of the device used to access the App, you are responsible for the maintenance and updating of your device to ensure compatibility with the App. This includes but is not limited to, installing the latest operating system updates, maintaining sufficient storage space, and ensuring that your device is free from malware and other security threats that could impact the functionality of the App.

Translations

 

The App may offer translations of its content in various languages for your convenience. While we strive to ensure the accuracy of these translations, we cannot guarantee that they are error-free or perfectly represent the original English content. In the event of any discrepancies or conflicts between the translated content and the original English version, the English version shall prevail. We welcome your feedback on translation accuracy and encourage you to report any errors or suggest improvements through Contact on our website.

Limitation of Liability

 

Nothing in these Terms of Use shall exclude or limit the Company's liability for losses which may not be lawfully excluded or limited by applicable law. Subject to the foregoing, the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from;

  • your access to or use of or inability to access or use the App;

  • any conduct or content of any third party on the App;

  • any content obtained from the App; and

  •  unauthorized access, use, or alteration of your transmissions or content.

This clause has been reviewed and approved by legal counsel to ensure compliance with applicable laws and regulations.

Contact Information

 

For any feedback, comments, requests for technical support, or other communications relating to the App, please contact us via email at info@letsparky.com. Alternatively, you can reach us by mail at the following address: Ayranci Mah. Hosdere Cad. No:16/C, Cankaya, Ankara, Turkiye. We are committed to responding to your inquiries and feedback in a timely and efficient manner.

 

Governing Law and Dispute Resolution 

 

These Terms of Use shall be governed by and construed in accordance with the laws of Turkey. Any disputes arising from or relating to the Terms of Use, the App, or your use of the App shall be subject to the exclusive jurisdiction of the Ankara Ticaret Mahkemeleri (Ankara Commercial Courts). Notwithstanding this, you agree that the Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

Termination

 

We reserve the right to terminate or suspend your account and access to the App at any time, without notice, for conduct that we believe violates these Terms of Use or is harmful to other users of the App, or for any other reason at our sole discretion. Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App. In the event of termination, please refer to our Privacy Policy regarding the handling of your data. Users who wish to appeal a termination decision may contact us at info@letsparky.com for further information on the appeal process.

 

Severability and Waiver

 

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving to the maximum extent possible the original intentions of the parties. The remaining provisions of these Terms of Use will continue in full force and effect. The failure of the Company to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of the Company.

 

Entire Agreement

 

These Terms of Use, together with our Privacy Policy and any other legal notices published by us on the App, shall constitute the entire agreement between you and Bigtaus Information Technologies A.S. concerning the App. This agreement supersedes all prior agreements, communications, and proposals, whether electronic, oral, or written, between you and the Company with respect to the App. Any amendments or modifications to this agreement must be in writing and signed by both parties to be effective.

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