BUDIZZZ MOBILE APPLICATION TERMS OF USE

These terms of use (“Terms of Use”) govern the conditions, rules, and guidelines for using the content and all other services (“Budizzz Service”) provided via the mobile device application named Budizzz ("Application"). 

The services are offered to you by Bartka İnovasyon Araştırma Geliştirme A.Ş.  (“Budizzz”). In these Terms of Use, the person referred to as "you" is the user who creates a Budizzz account and starts using the Application.

These Terms of Use constitutes the annex and an integral part of the Budizzz Mobile Application User Agreement. Any violation of these Terms of Use will constitute a breach of the Budizzz Mobile Application User Agreement, and in matters not covered by the Terms of Use, the provisions of the Budizzz Mobile Application User Agreement shall prevail.

1. ARTICLE 1 - FREE USAGE AND SUBSCRIPTION

1. The Application offers paid or free usage options that include different content and rights. By registering for free through the Application, you can become a registered user (“User”) of Budizzz. With free usage, you can partially benefit from Budizzz content. 

2. To become a user, you need to enter your email address, first and last name, username, and create a password in the relevant section of the Application. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

3. For more content and usage options, you can purchase a “Budizzz Premium Membership”. The payment terms and conditions for Premium Membership, along with the financial terms of the Premium Membership, are detailed in the Budizzz Mobile Application Subscription Agreement.

4. To use the Budizzz Premium Membership service, you must provide a payment method at the start of the subscription. The subscription fee for Budizzz Premium Membership will be automatically charged and billed to your payment method on the calendar day corresponding to the start date of your subscription, either monthly or annually, according to your choice. If you do not cancel your subscription before the billing date, the subscription fee will continue to be charged on a month-to-month or year-to-year basis according to your subscription type.

5. If your payment method is declined or can no longer be used for the subscription fee, you will remain responsible for any uncollected amounts. If payment is not successfully made due to expiration of the payment method, insufficient funds, or other reasons, and you do not cancel your account, we may suspend your access to our service until a valid payment method is charged.

6. You can cancel your Budizzz Premium Subscription at any time. In this case, you will continue to benefit from Budizzz services until the end of your current billing period. Budizzz will not refund payments or issue credits for partially used periods to the extent permitted by applicable law.

7. From time to time and at its sole discretion, Budizzz may offer special promotional subscription plans, including subscription plans offered by third parties, in connection with the provision of its products and services. Some subscription plans may include different conditions and limitations. In this case, these will be disclosed during registration on the Application or in other communications provided to you. To the extent that the terms of use of such subscription plans conflict with the terms and conditions set forth herein, these Terms of Use shall prevail, unless otherwise stated.

8. Budizzz reserves the right to adjust prices at any time and in its sole discretion. If you do not wish to accept a price change or changes to your subscription plan, you can cancel your subscription before the change takes effect.

9. Free trial versions or promotions may be offered under the Budizzz Services. In such case, the relevant rights must be exercised within the timeframe set for the trial and/or promotion. The User must cancel the trial before the end of the trial period to avoid any charges at the end of the trial period. If the User cancels the trial before the end of the trial period and is nevertheless charged by mistake, the User must contact Budizzz at support@bartka.com.

2. ARTICLE 2 - BUDIZZZ SERVICE

1. To subscribe to the Budizzz service, you must be at least 18 (eighteen) years old or have reached the age of majority applicable in your province, territory, or country.

2. The Budizzz service and any content accessed through the service is intended solely for your personal and non-commercial use. Unless otherwise authorized in your subscription plan, your subscription and the right to use the Budizzz Services may not be shared with anyone outside your household. During your Budizzz subscription, we grant you a limited, non-exclusive, non-transferable right to access the Budizzz Service and Budizzz content. Except as provided herein, no right, title or interest will be transferred to you.

3. By registering with the Application, you agree not to use the Budizzz Service for commercial purposes or in public establishments.

4. You may access Budizzz content primarily in the country in which you created your account and only in geographic areas where we offer our service and license such content. Content will vary by geographic location and may change from time to time.

5. You agree to use the Budizzz Service, including all associated features and functionalities, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or content. Unless expressly permitted by Budizzz, you agree not to:

1. Archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Budizzz Service;

2. Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Budizzz Service, including the graphic user interface, copyright notices, and trademarks;

3. Use any robot, spider, scraper, or other automated means to access the Budizzz Service;

4. Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Budizzz Service;

5. Insert any code or product or manipulate the content of the Budizzz service in any way;

6. Use any data mining, data gathering, or extraction method;

7. Upload, email, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Budizzz service, including any software viruses or any other computer code, files, or programs.

6. Budizzz software is developed by or for Bartka İnovasyon Araştırma Geliştirme A.Ş. and is designed to enable viewing of Budizzz content through Budizzz compatible devices. This software may vary by device and medium, and functionalities and features may also differ between devices. 

7. By registering for the Application, you acknowledge that the use of the service may require third-party software subject to third-party licenses. You agree to automatically receive updated versions of Budizzz software and related third-party software.

3. ARTICLE 3 - PASSWORDS AND ACCOUNT ACCESS

1. You are responsible for all activities that occur under your account on the Application. You acknowledge that by allowing others to access your account (including access to information regarding the account's monitoring activity), you agree that they are acting on your behalf and that you are responsible for all actions and changes on the account by such third parties, including, without limitation, changes to the subscription plan.

2. To help maintain the control over the account and to prevent anyone from accessing the account, you should maintain control over the devices used to access the service and not disclose your password or payment method details to anyone. You are responsible for providing and maintaining accurate information for your account, including a valid email address that we can use to contact you. We may terminate your account or put your account on hold to protect you, Budizzz, or our partners from identity theft or other fraudulent activity.

3. Be cautious of any communications that request your credit card info or other account information. Providing such information in response to these communications can result in identity theft. We recommend that you always access your account information by going directly to the App and not through an extension in an email or other electronic communication, even if it looks official.

4. Budizzz reserves the right to put any account on hold at any time with or without notice to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. In the event Budizzz puts your account on hold for such reason, Budizzz is under no obligation to provide any credit or discount against any usage rights that have arisen or will arise from your subscription.

4. ARTICLE 4 - OTHER PROVISIONS

1. Feedback

1. Budizzz is free to use any comments, information, ideas, concepts, reviews, techniques or other material contained in any communication you may send to us, including responses to surveys or through submissions to the Budizzz service and the Application and user interfaces (“Feedback”) for any purpose whatsoever, including, but not limited to, developing, manufacturing, marketing products and creating, modifying or improving the Budizzz service, without compensation, consent or further payment to you.

2.  Pursuant to these Terms of Use, to the extent permitted by applicable law, you agree not to claim or assert any copyright in and to the Feedback.

3.  Budizzz does not accept unsolicited materials or ideas for Budizzz content and is not responsible for the similarity of any content submitted in any media to any materials or ideas submitted to Budizzz. If you submit any unsolicited materials or ideas, you agree that Budizzz will not provide you with any additional consideration and that you will not assert any claim or demand against Budizzz or its affiliates for the use of such materials or ideas, even if Budizzz has used materials or ideas that are substantially similar to the materials or ideas you submitted, in accordance with these Terms of Use.

2. Notices and Updates

1. Information regarding your account (e.g., payment authorizations, invoices, password or payment method changes, confirmation messages, notifications) will only be sent electronically.

2. Budizzz may send notifications, reminders, and electronic messages, provided that the User's consent is obtained.

3. In the event that any information, subscription and other requests are made by Budizzz for the use of Budizzz Services, or these Terms of Use are changed, you hereby accept, declare and undertake that you will provide the necessary information accurately, truthfully and completely and act in accordance with the necessary changes in accordance with these Terms of Use.

4. Budizzz may change these Terms of Use from time to time. We will notify you before such changes apply to you. In case of amendment, the updated Terms of Use shall enter into force as soon as they are published on the Application and shall be binding for the User who uses the Application in any way, logs in to the Application, without the need for any further action. As the User, you can always access the current version of these Terms of Use through the Application. If you do not wish to accept the changes, you may cancel your subscription before the changes take effect.

3. Personal Data

1. Some of your personal data is collected and processed through and in connection with your use and/or purchase of the Application and Budizzz services. All this information we collect is subject to Data Processing Information Text, which forms part of these Terms of Use and can be accessed from our home page or by clicking here and is deemed to be included in these Terms of Use.

4. Validity

1. If any provision or provisions of these Terms of Use are or become invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall continue in full force and effect.