TERMS OF SERVICE OF FINDNOW
FindNow (hereinafter referred to as “the application”, “our”, “we” or “us”) is owned
and operated by Ratelekom ve
İletişim Hizmetleri Ticaret Limited. This Terms of Service herein is owned and operated by Ratelekom ve İletişim
Hizmetleri Ticaret Limited which enable
the use of applications by Ratelekom ve İletişim Hizmetleri
Ticaret Limited shall be valid for all services given to you
by Ratelekom ve İletişim Hizmetleri Ticaret Limited.
These Terms of Service will provide you the right to use the software
applications, web sites, tools and other features (collectively, the
"Services") of the Application. If you are using the Application when you are acting as a business entity, please note that the
transactions you make are binding for your business.
By using our Services, you confirm that you accept our Terms of Service
herein and you agree to comply with them. If you do not agree with the Terms of
Service, please do not install and use the Application.
We grant you
a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to
utilise FindNow Services, through a mobile device or application.
We reserve all rights not expressly granted in the Terms, including,
without limitation, title, ownership, intellectual property rights, and all
other rights and interest in our Services, and all related items.
You accept that the
contact information which the user
has declared while becoming a member may be used for
bulletins, marketing and advertising purposes
If you have any questions about these Terms or our Services, please contact us at support@findnow.desk360.com
Last Update: August 13th, 2020
1.
Description of Services and Fees
FINDNOW; It is a mobile application that allows you to easily locate
friends and family using your phone by searching their phone number. Users when
they accept your follow request you can follow their location. If you don’t
want to be followed, you can block or delete follow request and followers. You
can follow the real-time location of people in your user list. In addition,
even if the person you are following is not online, you can learn the latest
location of them.
Different fees may be determined and arranged for different countries
while purchasing. The user will be notified about the fee before the purchase.
However, if users change their settings in Google accounts and select a
different country, the notified fees may vary. Fees notified to the user are
arranged according to the country which they have selected in the account
settings. As long as you do not cancel, your service automatically renews at
the end of each service period and proceeds for the length of the previous
service period.
We wish you to be completely satisfied with our
services. Malfunctions may be encountered from time to time. We solve 99% of
the problems that our users encountered by making maintenance and by other
actions taken by us to provide you an issueless use of our services.
The requests for refunding (returning money) is
dealt with by Google Play, not by the Application. You can submit a request via https://support.google.com/googleplay . Be aware that no refunds can be made for deleted accounts if they have
violated our Terms of Service.
The license for use
of the Services provided herein is effective until terminated. You may terminate
your license at any time by removing
the mobile application from your devices.
We reserve the right,
without notice and in our sole discretion, to terminate your license to access
or use our
Services according to your failure to
comply with any of the Terms.
We are not responsible for any loss
or harm related
to your inability
to access or use our
Services.
3.
Eligibility
You must be at least
13 years of age to access or
use our Services. If you are
under 13 years of age (or the
age of legal majority where you live),
you may only
access or use our Services under the supervision
of a parent or legal guardian who agrees
to be bound by these Terms.
If you are
a parent or legal guardian of a user under the age
of 13 (or the age of legal majority), you agree to
be fully responsible for the acts
or omissions of such user in connection
with our Services. If you are
accessing or using our Services on behalf of another person or entity,
you represent that you are
authorized to accept these Terms
on that person or entity’s behalf
and that the person or
entity agrees to be responsible to us if you
or the other
person or entity violates these Terms.
4.
Access
Our mobile application with the standard
functionality is currently made available free of charge. We do not guarantee that our Services will always be available or be uninterrupted. You are responsible for making all
arrangements necessary for you to
have access to our Services.
We do not represent that our Services will be available in other locations. We may limit the
availability of our
Services or specific functionality to any user or
geographic area at any time. If you
choose to access our Services from a prohibited jurisdiction, it is at your own risk.
5. Updates and Support
We reserve the right
to add or
remove features or functionality to the application. When your mobile phone is set up, the application periodically
communicates with our servers. When
we release a new version of the Application or if we add new
features to it, we may ask
you to update
the application on your mobile phone.
Before you begin to use
updated versions of the Application, you may be asked to review
and may need
to accept the updated Terms
of Service. Continuing to use the Services after the update
proves that the User has agreed and accepted the
updated Terms.
The application constantly works to provide suitable
and efficient technical support to the services
and provides updates and upgrades.
However, it is not mandatory
to provide any maintenance or support for
the Services under these conditions.
6.
Privacy
Please find our
Privacy Policy for detailed information
about how we collect, use and
disclose the information given by you. Transfer and storage of information about you is governed by our Privacy
Policy aswell.
Data security is provided by the Application. However, the user
is responsible for any unauthorized access to user
information, contact information and other contents; abusing, storage, reproduction, sale, copying, as well as illegal use of user information,
contact information and other content.
7.
Code of Conduct and Prohibited
Content
You will not violate any applicable law, contract, intellectual property or other third-party
right or commit a tort, and you are
solely responsible for your conduct
while accessing or using our
Services. You will not:
You may, also, not create, post, store or share any
User Content that:
In addition, although we have no
obligation to screen, edit or
monitor User Content, we may delete or
remove User Content at any
time and for any reason.
Please note that you
are not given the permission to use the
name, logo or other commercial symbols of the Application. Please read our “Intellectual
Property” section for detailed information.
Any violation of this section may cause
you to be a subject to legal and/ or criminal
penalties.
8.
Indemnification
You agree to
indemnify, defend and hold harmless
FindNow and each of out
respective officers, directors, agents, partners and employees (collectively, the “FindNow Parties”) from and aganist
any loss, liability, claim, demand, damages, expenses or costs
arising out of or related to
your actions listed below:
·
Your failure to comply with
our Terms, including, without limitation, that anything you submit
or contribute violate the rights
of any third party or applicable
laws;
·
Any use or content you submit
via our Services;
·
Any activity in which
you engage on or through the
Services
·
Any misrepresentation made by you.
·
Your violation, misappropriation or infringement of any rights of another
(including intellectual property rights or privacy rights)
You agree
to promptly notify FindNow of
any third party Claims, cooperate
with FindNow in
defending such Claims and pay all fees, costs
and expenses associated with defending such Claims (including, but not limited to, attorneys’
fees).
9.
Abuse
of FindNow Services
FindNow reserves the right
to investigate suspected violations of our Terms, of Service herein and may
seek to gather
information from the user who
is suspected of violation, and from any
other user. We will collect
and use such
information in accordance with our Privacy
Policy.
In its sole discretion,
FindNow may restrict,
suspend or terminate the account
of any User who abuses or misuses
the Services. By accepting our Terms
of Service herein, you waive and hold
harmless FindNow and FindNow parties from any
claims arising out of the action
taken by FindNow according
to such misuse
of the Services by either FindNow or law enforcement
authorities.
10.Intellectual Property Rights
Our Services and
the text, graphics, images, photographs, videos, illustrations, trademarks, patents, trade names, page headers,
button icons, scripts, service marks, logos, slogans, filters, usergenerated filters and other content
contained therein (collectively, the “FindNow Content”) are owned
by or licensed
to FindNow and are protected by
copyright laws and international copyright treaties and all other
applicable intellectual property laws.
Using
our Services does not give you ownership
of any intellectual property rights in our Services. FindNow and our licensors reserve
all rights in and to our
Services and the FindNow content. You are hereby
granted a limited, nonexclusive, nonassignable, non-sublicensable, revocable license to access
and use our
Services and FindNow Content for your own personal
use.However, such license does not give you the
right to (a) sell, resell or
commercially use our Services or FindNow Content;
(b) copy, reproduce, distribute, publicly perform or publicly
display FindNow Content, except
as expressly permitted by us or our
licensors; (c) use any data mining, robots or similar
data gathering or extraction methods; or (d) use our
Services or FindNow Content other
than as expressly provided in these Terms. Any use
of our Services or FindNow Content other than as specifically
authorized herein, without our prior
written consent, is strictly prohibited and will terminate
the license granted under these
Terms.
11.Copyright and Trademark Complaints
If you believe that
anything on our Services infringes any copyright
that you own or control,
you may notify
FindNow through:
E-Mail
Address : support@findnow.desk360.com
12.Disclaimer of Warranties
YOUR USE OF OUR
SERVİCES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. WHILE FINDNOW ATTEMPTS
TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT WARRANT THAT THE
SERVICES PROVIDED ARE ACCURATE, RELIABLE, ERROR-FREE, UNITERRUPTED; THE APPLICATION
OR SERVICES OR THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE APPLICATION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ITS USERS' BEHAVIORS;
THE USER SHALL INDIVIDUALLY AND SOLELY BE RESPONSIBLE FOR HIS/HER ACTIONS AND
INTERACTION WITH OTHER USERS.
13.
Limitation
of Liability
FINDNOW AND THE OTHER FINDNOW PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY
THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF FINDNOW OR THE OTHER FINDNOW PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR
OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH USE OF, OR
INABILITY TO USE THE FINDNOW SERVICES.
THE
LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABİLITY FOR
THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF FINDNOW OR THE OTHER FINDNOW PARTIES
OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
14. Applicable Law
These Terms
and your access to and
use of our Services will be governed by and construed
and enforced in accordance with the laws of Turkey.
Any conflicts which may arise
between the Application and the user
shall initially be settled according to Turkish Law.
In the event
of failing to reach an agreement, both Parties agree,
declare and undertake that courts of Istanbul will have exclusive
jurisdiction.
15.
Severability
Each of the provisions
of these Terms are distinct and
severable from the others. If
at any time one or more of those
provisions is or become invalid, unlawful or unenforceable
(whether wholly or partly), the
validity, lawfulness and enforceability of the remaining provisions
(or the same
provision to any other extent)
will not be affected or impaired in any way.
We may agree
to amend these Terms of use in order to
ensure the terms are valid,
lawful and enforceable.
16.
Changes to These Terms
We may revise
these Terms at any time by amending
this page. Please see over
this page from time to time to check if
there are any changes that
we made, as they are binding.
17. Third Party Contents
Where our Services may
contain links to other sites
and resources provided by third
parties, these links are provided
for your information only. We have no
control over the contents of those third party
sites or resources.
18.Subscription Management and Cancellation
Subscription cancellation and monetary claims are handled by Google, not
by the app.
Uninstalling the app does not automatically stop your subscription. To
cancel your application subscription; you need to first enter the Google Play
Store from your android phone or tablet and select the
"Subscriptions" section from the menu. In the Subscriptions section,
click on the "Cancel Subscription" button of your subscription you
wish to cancel and follow the on-screen instructions.
You can also follow the steps to unsubscribe from Google Play Store and
track your refunds at https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid