Welcome the Phone Call Recorder & Record iOS mobile application (our “App”). These Terms and Conditions (these “Terms”) constitute a legal agreement between the End-User (“End-User” or “you”) and Appstun Digital Solutions, Batuhan Karababa, the Developer of this App (“we”, “us”, or “our”) governing the use of our App and our Services. We license use of our App to you on the basis of these Terms.
– Acknowledgements • The parties of this Agreement acknowledge that Apple Inc. is not a Party to this Agreement and is not bound by any provisions or obligations with regard to our App, such as warranty, liability, maintenance and support thereof. We, not Apple Inc., are solely responsible for our App and the content thereof. • This Agreement may not provide for usage rules for our App that are in conflict with the latest “Apple App Store” Terms of Service. • The License granted to you for our App, is limited to a non-transferable License to use our App on a device that utilizes the Apple iOS operating systems and in accordance with the usage rules set forth in Apple Inc.’s Terms of Service; • We are responsible for providing any maintenance and support services with respect to the App as specified in these Terms or as otherwise required under applicable law. • You acknowledge that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App; • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple Inc., in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever with respect to the App; • You must comply with Apple Inc.’s Terms of agreement when using the App, • You acknowledge and agree that Apple Inc. is a third-party beneficiary of these Terms, and that Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in these Terms against you as a third-party beneficiary thereof. • Depending on your location, international calling rates may apply through your operator. Your Device may not be able to call internationally unless you ask your operator to enable this function and your operator agrees to do so. Certain Rate Plans do not include international calls. It is your responsibility to be informed of usage rates that will apply if you are calling an international or overseas number to make a recording. We are not liable to you in any form or manner as a result of you using our services and incurring international calling charges.
– Technical Requirements • We attempt to keep our App updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update. • You acknowledge that it is your responsibility to confirm and determine that the App end-user device on which you intend to use our App satisfies the technical specifications mentioned above. • We reserve the right to modify the technical specifications as it sees appropriate at any time.
– Prohibited Uses • You may use our App only for lawful purposes. • You may not use our App: • in any way that breaches any applicable local or international laws or regulations; • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
– Subscription • The Services require payment of subscription fees before you can access or use them (“Fees”). These Fees will be notified to you through our App. • If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our App. By purchasing the recurring subscription, you authorise us or our related corporations to automatically charge the Fees: • upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and • on the renewal date of the subscription period thereafter, without any further action by you. • Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our App or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our App or any of the Services. • Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees. • You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms. • All payments shall be made by using the payment methods specified by us from time to time (currently, RevenueCat). You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason. • We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever. • Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our App, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
– Liability • Our responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. • We are not liable for the completeness, accuracy or correctness of any information uploaded on our App and any Related Content. • You agree not to use the Services, our App and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our App or any other website or software) for: • loss of profits, sales, business, or revenue; • business interruption; • loss of anticipated savings; • loss or corruption of data or information; • loss of business opportunity, goodwill or reputation; or • any other indirect or consequential loss or damage. • Nothing in these Terms shall limit or exclude our liability for: • death or personal injury resulting from our negligence; • fraud; and/or • any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability. • Our App is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content. • These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our App. • Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our App which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
– Warranty • We warrant that our App is free of spyware, trojan horses, viruses, or any other malware at the time of your download. • No warranty is provided for our App that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used within appropriate accessories, regardless if by yourself or by third parties, or if there are any other reasons outside of our sphere of influence that affect the executability of our App. • You are required to inspect our App immediately after installing it and notify us about issues discovered without delay. The defect report will be taken into consideration and further investigated if it has been mailed within a period of seven (7) days after discovery. • If we confirm that our App is defective, we reserve to remedy the situation by means of solving the defect.
This Agreement is valid until terminated by us or by you. Your rights under this Agreement will terminate automatically and without notice from us if you fail to adhere to any term(s) of this Agreement. Upon License termination, you shall stop all use of our App, and destroy all copies, full or partial, of our App.
– Third-Party Terms
We represent and warrants that we will comply with applicable third-party terms of agreement when using licensed Application.
– Intellectual Property Rights
We and the End-User acknowledge that, in the event of any third-party claim that our App or the End-User’s possession and use of our App infringes on the third party’s intellectual property rights, we, and not Apple Inc., will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
– Other important terms • We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms. • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. • No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms. • These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it. • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. • Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. • These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Turkey. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Turkey.