TESTED

TESTED TERMS OF SERVICE AND CONDITIONS OF USE

     The downloaded application and the website used is owned and operated by TESTED. Provided by TESTED ("TESTED" "We") and GLOBAL TECH. The term "User" means all of our online offerings and all our customers and visitors of our Services. The terms used here are example "User", gender neutral. The General Terms and Conditions providing the use of the applications owned and operated by TESTED apply to all services provided to you by TESTED. The topic of the contractual relationship; Functions, and performances of sites, systems, platforms (such as Web or Facebook) and desktops or mobile devices which were offered as part of the Service and the Service, regardless of their location. This contract shall also apply to future transactions. By establishing or running the apps, you clearly declare and undertake that you agree to these General Terms and Conditions. 

    The Terms of Service and the privacy policy of TESTED shall provide you with the use of TESTED's software applications, websites, tools and other features provided by us for you from time to time  (all of which shall be referred to as "Services"). You agree to be bound by these Terms by accessing or using any of the Services. Other third party services are subject to the terms of service and privacy policy of the respective third parties for any use you may have. If you are signing up for TESTED as a legal business entity, please remember that the transactions you make are binding for your business operator.

    Certain features of the Services may be subject to additional instructions, conditions or rules. These shall be published in connection with such services. All these additional terms, guidelines and rules have been incorporated into these terms being referred to them. 

 

1. Personal Details 

    We hereby grant guarantee and assure you of the security and protection of personal information of our users. The TESTED Privacy Policy describes how we collect, use, share and process personal information. You agree that TESTED may collect, use, share or process personal information, as described herein. 

    It is your responsibility to inform us any change in the information you provide us. The address and contact information of the customers are kept up-to-date. The misinformation provided may cause the customers to be damaged. If the wrong information is on our side, it shall be charged by the customer due to incorrect information in the event of damage. If one record is missing, we have the right to delete the account of the user within one week.

 

2. The Rights of the Parties 

   Unless any other agreements have been reached in written form, you may only exercise your right of using the personal, non-exclusive, non-transferrable right to use the services in a non-personal and non-commercial way.

• You may not copy/duplicate,

• Convert into source code,

• Subject to reverse engineering applications,

• De-compile,

• Strive to produce the source code,

• Change,

• Create derivative works.

On any software applications, updates or parts thereof;

The exceptions to these are; 1) The restrictions mentioned above being prohibited by the applicable laws, 2) Permitting them to same extend under the frame of these Terms of Service, 3) The license terms existing and available under TESTED software applications which govern/manage the use of any open source components allowing these.  No permission was given to you to use TESTED’s name, commercial brands or other commercial symbols. TESTED owns all the conditions which were not given to you under these conditions. 

 

3. Support

    TESTED is constantly working to provide appropriate and effective technical support, updates and upgrades/improvements for the Services. However, TESTED does not have to provide any support or maintenance for the Services under these Terms. TESTED reserves the right to limit or end the support, updates or improvements from time to time.

 

4. User’s Obligations and Restrictions 

    Any information and content which you may share with TESTED as a use of Services do not violate or breach any applicable laws. The information and contents in question shall not damage the Services also.

   You may not use the Services or the Content commercially unless you have agreed otherwise in writing with us. You may not obtain or gain the Services or Content without permission. You agree not to object to TESTED's rights or to claim any right of Content provided by other Users (the only exception being the rights expressly granted under these Terms). You agree to use the content only in the context explicitly stated on these terms. 

Regarding the Services, Contents and Information;

You may not prevent the services to be provided regularly,

You may not create more than one account,

You may not channel or direct TESTED traffic,

You may not follow the other fake or misleading applications,

You may not create a parallel depot of them

You may not use our services, information and content to compete with us.

It is strictly forbidden to render/make any information contained in the services inaccessible, including any content and information that is accessible through any third party services. 

    You may not use the Services or Content in any manner which is/may be illegal, harmful, or otherwise potentially offensive to any other user or third party. You consent, accept and agree that you shall not exploit the Services or the content in any unauthorized manner, including but not limited to, any unauthorized entries into the network or enforcement of network capacity. You also agree to use our Services or our Content in any manner that does not infringe any person's right to harass, exploit, steal, threaten, libel, defame, slander or otherwise in any other way. You agree, accept and acknowledge that TESTED shall not be held responsible for any harassing, threatening, libellous, defamatory, slander including or illegal content you may receive from such use. You agree that if you use the Services or any content for any reason whatsoever despite any other solutions available on TESTED, TESTED may suspend or terminate your use of the Service without any prior notices to you provided that this is a material breach of these Terms.

    You grant us the right to copy, edit, modify, adapt, translate, as well as carry out derivative works, publicize and process them for free and unlimited in terms of location, time and usage. The reason for this is because; the content or data provided by you or on your behalf is used to transfer information and data to third parties, such as subcontractors or other users (for example, regarding the placement or alteration of user-generated content).

   The rights mentioned above in geographical, material, temporal and personal scope, and the presentation and information regarding the functions and the ways in which our services are used are thereafter automatically terminated. Before you commence any legal action, you must inform us that the rights are exercised outside of this framework in any way.

    The Users may communicate directly with other users. This contact and the invitation option cannot be used for advertising purposes or for disturbing contact users.

    We reserve the right to restrict this function in both general and individual situations if the user is disturbed and uncomfortable with these. We reserve the right to release or reverse the content if there is material and concrete evidence that the content is in violation of official prohibitions/sanctions, the rights of third parties or public morality. However, we do not have to pre-verify the content in question.

   We reserve the right to restrict the numbers or functionality of affiliates and similar advertising links placed by the users and also to prohibit the full use of such links.

 

5. Registered Rights  

   Services are protected by the applicable copyright and international copyright treaties and other intellectual property laws and conventions, treaties. TESTED and its Licensors reserve all property and proprietary rights to the Services and all related intellectual property. They include copyrights, trademarks, trade names, database rights and patents. You are granted a limited right to use the Services subject to these Terms. However, no intellectual property rights shall be deemed transferred or licensed to you.

 

6. Contents which are not subject to the Moderator’s inspection

     Any content which is not published by TESTED (User or information posted directly or posted by other Users in the Services, User information, User profile information, Status updates, etc.) may not be previewed by TESTED in advance. Content that is not subject to such a moderator audit, according to the paragraph above, may not be under the constitutional protection of the Basic Laws of Republic of Turkey. In this case, TESTED shall not be responsible for the publication of this content.

    You are solely and directly be responsible for any content you submit directly or through the Services. You agree that the Content you submit shall have the following characteristics:

Not incorrect/wrong or misleading content,

Not illegal or inappropriate or unlawful in any ways nor threatening, humiliating, abusive, defamatory, pornographic, racial or ethnically disturbing, discriminatory, insulting, pampering or otherwise,

It may be harmful for or may risk the development or education of children or young adults,

Which you own or you have the rights to distribute,

Which does not violate the intellectual property or confidentiality/privacy rights of third parties,

Which does not include any information that you are not entitled to circulate/distribute (such as insider or confidential information),

Unsolicited or unauthorized advertisements, promotional/commercial advertising materials, “unwanted mails”, “spams”, “chain letters”, “pyramid/ponzi schemes” or any other unsolicited elements,Not including any software virus or other Technologies which may be harmful/detrimental to services, benefits of our service sor possession thereof or relevant services,

Items which are racist or xenophobic, violent or otherwise pornographic, derogatory or immoral, for the Services, or other Users

Furthermore, you agree that when you are giving figures relating to the services, comments, recommendations, feedbacks, assessments, fair, you shall perform correct and non-deragotary actions when submitting such evidences.

Contents shall be provided for entertainment purposes only (horoscopes, exams, tests etc.). Therefore, no guarantees are given as to the availability of information and / or recommendations and / or results. IQ and knowledge tests, exams and horoscopes, and all other tests are non-scientific entertainment content. It cannot replace or substitute any medical diagnostics, scientific testing methods or professional advice. Such content should be understood as non-binding information, suggestions and statements. In particular, no guarantee is given that the content of the Service is available or available in all countries. This restriction arises due to the global nature of the Internet.

    The user is responsible for the user's reviews, comments and scoring. The relevant sanctions may be imposed on such persons when there is concrete evidence that the user has acted against legal regulations, third party rights, public morality and general morality. We shall take into account the legitimate interests of the person concerned when choosing sanctions to be applied.

 

8. Releases regarding warranties/undertakings  

Within the limits permitted by the applicable laws; TESTED may not have any warranties/declarations or statements regarding the Services, qualifications, performances, merchantability or any other third party rights, either express or implied. Services are offered "as they are". You acknowledge and agree that the use of the Services is at your sole risk.

You agree and accept that the services may noy be available from time to time. TESTED, shall not be responsible from your not using the services due to any reasons whatsoever.

TESTED has no warranty or makes no declarations that the Services are suitable for use in a particular location. You shall access the services in your own initiative as long as you choose to access and use the Services. You shall comply with and adhere to all applicable law relating to this access and use of the Services.   

 

9. Limitations of Liability  

In line with and according to current laws; under no circumstances shall TESTED be liable for any direct, indirect, special, incidental or consequential damages or indemnities/damages which may be arising out of the use or inability to use the Content. These include but are not limited to the loss of profits, loss of data, and loss of brand value. In particular, TESTED shall have no liability for any information stored or processed in the Services. These include the cost of recovering such information. 

TESTED shall not be liable or responsible for the validity, reliability or authenticity of any content or information related to or through the use of the Services. Use of the content or information obtained through the use of the Services shall be at your discretion and the risk shall be at your own risk. 

In line with and in accordance with these Terms and Conditions, and to the maximum extent permitted under the Laws, in connection with these Conditions or Terms or in connection with your use of the TESTED Services and / or TESTED Platforms or access to the TESTED Platforms, our liability against the other party for  your use of the TESTED Services and / or TESTED Platforms or access to the TESTED Platforms is limited to 100/One hundred US Dollar.

 

10. Charging and Billing

If a contract is signed with the user for the provision of paid services, the relevant provisions of this section shall apply. If purchasing and payment transactions are performed through a third-party service provider (Apple iTunes), then the contractual terms of those suppliers/vendors shall be applicable and shall be prioritized in accordance with the arrangements in this section.

The debited fee is based on the selected plan and the fee is shown on a net price basis. The Charge shall apply in addition to statutory VAT at the time of invoicing/billing.

We reserve the right to change the pricing rates and schedule at any time. As regards to the existing contracts, the changes shall only be effective from the taking effect of the following contract period.

 

Users of our website shall be able to make payments through their operators' billing fee. For the ones who use our application, they shall pay the resulting fee through Apple i Tunes.

You can make the payment by means of any of the payment methods which were submitted to you.

The invoices shall be provided to you electronically.

If an invoice paid by way of automatic payment is not available, you shall undertake all the expenses arising thereby. These shall include banking charges and similar. We may send you payment reminders in electronic environment.

If you are late in your payments, we have the right to block access to your account. In such cases we shall inform you in advance. Our other legal and verbal rights regarding payment delays shall not be affected by this.

If you fail to make your payment in due time and delay payment, we shall in such case apply the legal interest rate for default. If the payment is not made until the due date, even if no notifications were served, the default interest shall be applicable and exercised. For such a delay we reserve to claim a higher amount of compensation/damages.

 

 

12. Transfer/Assigning  

TESTED reserves the right to freely transfer the rights and obligations under these conditions on its own initiative and discretion to any third person/party. 

 

13. Additional Terms and changes  Since TESTED provides global services, additional Terms of Service may apply to Users in certain jurisdictions. Such cases shall be indicated in the annexes and shall also be included in the relevant documents.

TESTED may change the Services at any time by adding or removing features or by not continuing with the Services. TESTED reserves the right to execute revisions at any time by submitting the revised terms to the User or by publishing the revised Terms in the Services. Regarding significant changes, the User shall always and at all times be informed. 

Based on the grounds/reasons listed below, we reserve the right of expanding, changing or limiting the functions:

If the changes are useful for the users only,

If the legal status changes and the relevant laws regulate the services,

If the changes lead to or create forcible legal or regulating rules,

The relevant changes are needed so as to eliminate the available security gaps;

If the changes completely have the nature of technical or procedural features and they do not create any significant effects for the user.

Any changes which have insignificant effects on the current properties shall not represent the "Changes in services" as they can be understood within the borders of this scope of business. 

 

14. Availability of Utilization

You cannot technically assure the availability of utilization of your service on a 100% basis. Yet, with this in mind, you may be sure that we shall make our best efforts to keep our services as available as possible. 

We can not make our Service available for any reason (force majeure, third party liabilities, required maintenance, etc.) when the service cannot be provided and is not available due to technical or other issues outside our service area. We may temporarily limit the access to the Service as necessary, provided that the protection of the network or the integrity of the network is in jeopardy or in risk for reasons beyond our control.

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