Please read the following Terms and Conditions (“Terms”) carefully before using the iWatch Faces & Watch Wallpaper application (our “App”) owned and operated by Appstun Digital Solutions of Istanbul, Turkey (“Appstun Digital Solutions“, “we”, “us”, or “our”).
By downloading the and accessing our App, you agree to these Terms which will bind you. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of our App. If you do not agree to be bound by these Terms, you should stop using our App immediately.
1. VALIDITY AND LICENSE
1.1. By downloading the and accessing our App, you agree to these Terms which will bind you. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of our App. If you do not agree to be bound by these Terms, you should stop using our App immediately.
1.2. 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’s terms of service.
1.3. We are responsible for providing any maintenance and support services with respect to our App as specified in these Terms or as otherwise required under applicable law’
1.4. You acknowledge that:
1.4.1. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our App.
1.4.2. you must comply with applicable third-party terms of agreement when using our App.
1.4.3. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License contained in this License Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
2. SCOPE OF SERVICES
2.1. Appstun Digital Solutions offers the services in the form of our App (“the Services”).
2.2. Appstun Digital Solutions is entitled to commission third party service providers and vicarious agents with the provision of parts or the entire range of services.
2.3. Our App may only be used for purely private, non-commercial purposes. Any exception must be discussed with and approved by us.
2.4. The User has no claim to a minimum number, a minimum scope or a certain type, form or quality of the Services. Likewise, the User has no claim to a certain type, form or quality of the Services and/or the features.
2.5. We are entitled at any time to adapt, change and supplement our App and its features without stating reasons, whereby this will be announced in our App.
2.6. Appstun Digital Solutions reserves the right to discontinue the operation of our App at any time without stating reasons.
3. CONCLUSION OF CONTRACT, START OF CONTRACT, PRICES
3.1. The User may purchase either a subscription based license or one-time lifetime license for a fee. The respective prices shall be clearly and visibly displayed before the final purchase.
3.2. Appstun Digital Solutions reserves the right to change these prices at unspecified times.
3.3. The booking and payment of a subscription based license or one-time lifetime license shall be made via the Apple App Store. The contractual partner for the conclusion of a subscription based license or one-time lifetime license is Apple.
3.4. The subscription can also only be canceled directly via the Apple App Store, not via Appstun Digital Solutions.
3.5. Depending on the period selected by the User, the subscription shall be automatically renewed for the same period, unless the User cancels it within the specified period of 24 hours to the end of the respective period.
3.6. Payments are processed via the Apple App Store from which the user has originally installed our App.
3.7. The user must be over 16 years of age and a natural person.
3.8. Within the scope of booking a subscription via the Apple App Store for a certain term, the User shall conclude a subscription which shall be automatically renewed depending on the period selected unless the User cancels it within the specified period of 48 hours to the end of the respective period.
4. DATA PROTECTION
5.1. The user may terminate the contract with Appstun Digital Solutions (not Apple) at any time without giving reasons by uninstalling our App.
5.2. Appstun Digital Solutions may terminate the contract extraordinarily at any time without observing a notice period if the user violates these terms and conditions.
5.3. Appstun Digital Solutions reserves the right to refuse the access of users without giving reasons.
5.4. Appstun Digital Solutions does not assume any liability for data deleted within the scope of a contract termination. There is also no claim to restoration. In the event of temporary exclusion or extraordinary termination, further claims of the operator of Appstun Digital Solutions remain unaffected.
6. COPYRIGHT, GRANTING OF RIGHTS
6.1. Appstun Digital Solutions and the underlying software are protected by copyright and may not be used or modified beyond the right of use granted without the prior written consent of the operator of Appstun Digital Solutions.
6.2. Likewise, the design of our App and, in particular, content posted in our App (e.g. Watch Faces, Watchface images, categories, titles, or texts), are protected by copyright or are subject to other laws for the protection of intellectual property and, unless otherwise indicated, are the property of Appstun Digital Solutions.
6.3. As a user of our App, you agree not to:
6.3.1. systematically retrieve data or other content from our App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
6.3.2. make any unauthorized use of our App.
6.3.3. circumvent, disable, or otherwise interfere with security-related features of our App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our App and/or the Content contained therein.
6.3.4. make improper use of our support services or submit false reports of abuse or misconduct.
6.3.5. engage in any automated use of the system, such as using scripts or messages, or using any data mining, robots, or similar data gathering and extraction tools.
6.3.6. interfere with, disrupt, or create an undue burden on our App or the networks or services connected to our App.
6.3.7. use any information obtained from our App in order to harass, abuse, or harm another person.
6.3.8. use our App as part of any effort to compete with us or otherwise use our App and/or the Content for any revenue-generating endeavor or commercial enterprise.
6.3.9. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our App.
6.3.10. attempt to bypass any measures of our App designed to prevent or restrict access to our App, or any portion of our App.
6.3.11. delete the copyright or other proprietary rights notice from any Content.
6.3.13. use our App in a manner inconsistent with any applicable laws or regulations.
7. WARRANTY, LIABILITY
7.1. Appstun Digital Solutions does not guarantee that the user’s expectations of the services offered will be fulfilled.
7.2. Appstun Digital Solutions is only liable for damages that occur in connection with the offered service, insofar as this damage is caused by a grossly negligent breach of duty on the part of Appstun Digital Solutions or its legal representatives or vicarious agents or by intent on the part of Appstun Digital Solutions or its legal representatives or vicarious agents.
7.3. Appstun Digital Solutions shall be liable for damages in connection with the service offered and which occur to legal assets other than life, limb or health, insofar as this damage is due to a grossly negligent breach of duty on the part of Appstun Digital Solutions, or its legal representatives or vicarious agents, or to intent on the part of the operator, or its legal representatives or vicarious agents.
7.4. The use of our App is exclusively at the user’s own risk.
7.5. Continuous, error-free operation and permanent usability are not guaranteed. Temporary disruptions in accessibility may occur, among other things, in the course of maintenance work. Appstun Digital Solutions shall not be liable for any resulting damage to the user, such as faulty or delayed transmission, incorrect, incomplete or altered content or removed data.
8. ASSUMPTION OF CONTRACT BY THIRD PARTIES
Appstun Digital Solutions shall be entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party.
9. FINAL PROVISIONS, MISCELLANEOUS
9.1. Appstun Digital Solutions reserves the right to amend these Terms from time to time, primarily, but not limited to, in order to comply with legal provisions or requirements, to meet economic efficiency or to accommodate user interests.
9.2. The user declares that he/she agrees to the amended terms to contracts already concluded prior to the amendment if Appstun Digital Solutions notifies the user that an amendment to the Terms has taken place and the user does not object to the amendment within a period of two weeks, commencing on the day following the notification of the amendment.
9.3. The notification of the amendment must once again contain a reference to the possibility and deadline for objection, as well as the significance or consequences of failure to object. Should individual provisions of these Terms be or become invalid, this shall not affect the remaining content of these Terms. The invalid provision shall be replaced by a valid provision that is legally valid and comes as close as possible to the economic intent of the contracting parties.
9.4. Unless otherwise stipulated in these Terms, amendments to the contract, supplements and ancillary agreements must be made in writing by both parties in order to be effective. The written form requirement shall also apply to any waiver of this written form requirement.
9.5. The contractual agreements of the contracting parties shall be governed by the law of Turkey and subject to the courts of Turkey to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws.