TERMS OF SERVICE
YOU AFFIRM THAT:
YOU HAVE READ AND UNDERSTAND THESE TERMS;
YOU WILL COMPLY WITH THESE TERMS; AND
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGAL COMPETENT TO ENTER INTO CONTRACTS.
Important Note: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of a class or representative action.
If you do not agree to these Terms, please do not download, use or access this App or our Services.
Changes to these Terms
The Effective Date of these Terms is set forth at the top of this page. Since technology is always changing, we may occasionally update these Terms. If a significant change is made, we will be sure to post a notice in your account. If you continue to use the Services after these changes are posted, you agree to the revised policy. The amended Terms supersede all previous versions of agreements, notices or statements about the Terms.
Certain features of the Services, such as additional apps, promotions, offers and research studies, may be subject to additional terms and conditions (“Additional Terms”) presented in conjunction with them. We may present Additional Terms to you through the Services. Regardless of how they are presented to you, we require that you agree to Additional Terms before using these features of the Services. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, you will not have access to the aspect of the Services to which they relate. These Terms and Additional Terms apply equally. If, however, any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail but only for the service(s) to which the Additional Terms apply.
Use of the Services
The following rules apply to your use of the Services:
As a user you will be required to register for an account in order to access or use the Services. You are responsible for all use of your account, including use by others to whom you have provided access to your account. You also are responsible for any use of your account by any person that is caused, in whole or in part, by your failure to secure your username or password.
You must not provide false or inaccurate registration credentials, impersonate any person or entity, and/or falsely claim an affiliation with any person or entity.
Triwi is offering you the Services to use for any legally permitted purpose and for your own personal, non-commercial use. You may not re-sell any aspect of the Services, copy or modify the Services, any part of the Services, or our trademarks in any way. You are not allowed to attempt to extract the source code of the Services, and you also should not try to translate the Services into other languages, or make derivative versions. The Services themselves, and all the trademarks, copyright, database rights and other intellectual property rights related to the Services, belong to Triwi.
You must not remove, circumvent, disable, damage, or otherwise interfere with: (i) the security-related features of the Services;
(ii) the features of the Services that prevent or restrict use or copying of any content accessible through the Services; or
(iii) the features of the Services that enforce limitations on use of the Services.
You must not intentionally interfere with, or damage the operation of the Services, or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
You must not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining or other improper or illegal means. You must not access or attempt to access other users’ Services.
You must not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services, or modify the Services in any manner or form is strictly prohibited.
You agree to abide by all applicable local, state, national, and international laws, regulations and court orders with respect to your use of the Services and Content. Without limiting the foregoing, these Terms are also expressly made subject to any applicable export laws, orders, restrictions, or regulations.
Triwi’s Proprietary Rights
You expressly acknowledge and agree that Triwi transfers no ownership or intellectual property interest or title in and to the Services or Content to you or anyone else and you acknowledge and agree never to challenge Triwi’s exclusive ownership in and to the Services or Content and all copyright and other intellectual property rights therein. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, applications, information, derivative work(s) and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by Triwi (or Triwi’s licensors or providers) and its successors and assigns and are protected by law including, but not limited to copyright, trade secret, patent, and/or trademark law, as well as other international laws and regulations. Triwi, the Triwi and TRİWİ GLOBAL logo, and all other names, logos, and icons identifying Triwi and its programs, applications, products, and services are proprietary trademarks of Triwi, and any use of such marks, including, without limitation, as domain names, without the express written permission of Triwi is strictly prohibited.
Your unauthorized use of the Services or Content may violate intellectual property or other proprietary rights laws as well as other laws and regulations. Triwi has no obligation to you to provide any other intellectual property rights or to enforce the rights granted hereunder. You will cooperate with Triwi at Triwi’s reasonable request and expense to enforce Triwi’s intellectual property and other rights concerning the Services or Content.
Mobile Usage, Wi-Fi and Network Connectivity
Certain functions of the Services will require the Services to have an active Internet or mobile network connection. If you access and use the Services on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating wireless service provider and a compatible mobile device. You are responsible for all charges (including data and messaging charges) relating to use of the Services through your mobile device.
When you’re using the mobile host function of the App, it is important to bear in mind that we endeavor to ensure that it is updated and correct at all times. We do not guarantee that the Services are compatible with any particular operating system, browser, mobile device or other software or equipment. By using the Services, you understand that certain information about your usage of the Services may be communicated to us.
Feedback and Submissions
Triwi welcomes your feedback and suggestions about Triwi’s products, Services or Content. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Triwi, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Triwi and enable Triwi to use such Feedback. In addition, any Feedback received through the Services will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive worldwide right and license for Triwi to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part), or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed, and you hereby waive any claim to the contrary.
The Services may contain general information relating to our products and services. The Services are not to be used as a substitute for medical judgment, advice of a licensed healthcare provider or the diagnosis or treatment of any medical condition, disease, health condition or problem. THIS SOFTWARE HAS NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE SOFTWARE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL CONDITION, DISEASE OR HEALTH PROBLEM.
Third Party Websites and Services
We do not control and are not responsible for websites and services provided by third parties, even if linked to or accessed through the Services (collectively, “Linked Services”). The inclusion of a link does not imply endorsement by Triwi of the Linked Service or any association with the operators of the Linked Service. Triwi does not investigate, verify or monitor the Linked Services. We provide links to Linked Services for your convenience only. You access Linked Services at your own risk and subject to the privacy policies, terms and conditions of use and other legal provisions applicable to the Linked Services.
Term and Termination
These Terms and your right to use the Services will commence when you download, install, access, or use the Services (the “Commencement Date”) and is effective until terminated as set forth below. In addition, Triwi reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms, to deny your access to the Services or to any portion thereof in order to protect our name and goodwill, our business, and/or other users. These Terms and your license will also terminate automatically if you fail to comply with these Terms.
Termination may be effective without notice. You may also terminate these Terms and your grant of a license at any time by ceasing to use the Services. Upon termination, you must permanently destroy all copies of any aspect of the Services and Content in your possession.
Any termination is subject to the survival rights of following provisions: Triwi’s Proprietary Rights; Feedback; Indemnity; Disclaimers of Warranty; Limitation of Liability; Dispute Resolution; Waiver of Class Action Claims and Jury Trial; Limitation on Time to Bring an Action; Governing Law; and General Legal Terms.
Disclaimer of Warranties
WHILE TRIWI ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, AND SOFTWARE, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE SERVICES AND CONTENT MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. You access the Services on your own volition and are responsible for compliance with all applicable laws with respect to your access and use of the Services.
You agree to defend, indemnify, and hold harmless each of Triwi and its respective affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns (collectively, “Triwi”) from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms.
Limitation of Liability
IN NO EVENT SHALL TRIWI BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SUBJECT MATTER OF THESE TERMS, THE USE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, CONTENT, PROGRAMS, APPLICATIONS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TRIWI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF TRIWI FOR ANY REASON WHATSOEVER RELATED TO THE SUBJECT MATTER OF THESE TERMS, INCLUDING WITHOUT LIMITATION, USE OF THE SERVICES, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TRIWI IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR CLAIM DURING THE PRIOR THREE MONTHS.
YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You expressly absolve and release Triwi from any claim, proceeding or cause of action of harm, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
Triwi strives to the Services useful and efficient. We reserve the right to make changes to the Services, including the App, or to charge for the Services, at any time and for any reason. Triwi does not promise that it will always update the App so that it is relevant or useful to you and/or works with the iOS version that you have installed on your device. We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and delete it from your devices. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of any feature or component of the App.
You agree that Triwi and its affiliates, agents, or subcontractors may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of, among other things, applications, software updates, product support and other services to you (if any) related to the Services, or to verify compliance with these Terms.
General Legal Terms
You and we agree to be bound by the following general terms:
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us.
Except as described in the section entitled Changes to these Terms, these Terms may not be amended unless in writing and signed by you and us.
If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
Nothing contained in these Terms will be deemed to constitute Triwi or you as the agent or representative of the other or as joint venturers or partners.
These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.
You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable.
You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. You also agree that we may send you notice through the App.
If you have any questions or comments about these Terms or our Services, please contact us at:
9 Eylül, 248. Sk. 34/A-B, 35663 Menemen/İzmir