Terms and Conditions of Use

Jetkite Yazilim Sanayi ve Ticaret Anonim Sirketi is pleased to provide you its "Jetkite" branded mobile applications and all related documentation (each, an "Jetkite Yazilim Sanayi ve Ticaret Anonim Sirketi App," and collectively, the "Jetkite Apps") a list of which is available at Google Play, Huawei AppGallery & Apple App Store.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY "JETKITE YAZILIM SANAYI VE TICARET A.S." APPS.

This Agreement governs your use of the Jetkite Apps and how we provide the Jetkite Yazilim Sanayi ve Ticaret Anonim Sirketi Apps.

TABLE OF CONTENTS:

• A. Agreement
• B. Age Requirement
• C. Grant of Rights
• D. Description of Other Rights and Limitations
• E. Payments, Cancellations and Refunds
• F. Third-Party Partners
• G. Privacy and Security
• H. Registration and Passwords
• I. Uninstall/Removal
• J. Consent to Use of Data
• K. Intellectual Property
• L. Copyright/Submissions
• M. Termination
• N. Disclaimer of Warranty
• O. Limitation of Liability
• P. Indemnification
• Q. Export Controls
• R. Government End User Notice
• S. Jurisdictional Issues and Misc.
• T. How to Contact Us
• NOTICE REGARDING APPLE
• NOTICE REGARDING GOOGLE

A. AGREEMENT:

This Agreement (including the Supplemental Terms, as applicable) is a legal agreement between you and Jetkite Yazilim Sanayi ve Ticaret Anonim Sirketi, an Ankara, Turkiye-Based registered company (REGISTRATION NUMBER:463351, TAX ID:4842239716) which governs your use of the Jetkite Apps. By installing or otherwise using the Jetkite Apps, you: (a) agree to be bound by the terms and conditions of this document, (b) represent and warrant that you own or control the mobile device in which the Jetkite App will be installed, and (c) represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it.

The terms and conditions also apply to any Jetkite App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to these terms and conditions, do not install or use any Jetkite App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you by reasonable means. Your continued use of the Jetkite Apps after we post any amendments to this document will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Jetkite Apps. If you have any questions or concerns regarding the terms or conditions herein, please email us at support@jetkite.com. Do not use the Jetkite Apps until your questions and concerns have been answered to your satisfaction and you agree to abide by this agreement.

Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this document and that are in addition to the terms of this document, and certain provisions of this document may be unenforceable as to you. To the extent that any term or condition of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect.

THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT. If you do not understand this agreement, or do not agree to be bound by it, you must immediately cease using the application and services.

Use of the Jetkite Apps is subject to our Privacy Policy, which is hereby incorporated into this document by reference. This agreement also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Jetkite Apps. The Jetkite Apps are available through only Google Play that have additional terms, conditions and usage rules that govern your use of the Jetkite Apps.

If you are using the Apps on an Apple iOS platform based smart mobile device, you agree to and acknowledge the Notice Regarding Apple below, and if you are using the Apps on a Google Android platform based smart mobile device, you agree to and acknowledge the Notice Regarding Google contained within this document.

B. AGE REQUIREMENT:

You must be 18 years of age or older to install or to use the Jetkite Apps.

C. GRANT OF LICENSE:

Subject to your compliance with the terms and conditions of this document, Jetkite grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access, download and install the most current generally available version of the Jetkite Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.

D. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:

1. Restricted Use.

You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Jetkite Apps or use the Jetkite Apps for the benefit of any third party. Unless expressly authorized by Jetkite or permitted under the applicable mobile platform terms, you are prohibited from making the Jetkite Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Jetkite Apps, except to remove our Jetkite Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Jetkite Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Jetkite Apps in any way. You do not have the right to and may not create derivative works of any Jetkite Apps or any portions thereof. All modifications or enhancements to the Jetkite Apps remain the sole property of Jetkite.

2. Jetkite Apps Updates.

We reserve the right to add or remove features or functions to existing Jetkite Apps. You understand that we may require your review and acceptance of our then-current agreement before you will be permitted to use any subsequent versions of the Jetkite Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Jetkite Apps may be ended upon the availability of updates, supplements or subsequent versions of the Jetkite Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Jetkite Apps.

3. Access.

You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Jetkite Apps. If you access a Jetkite App through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Jetkite Apps from your device. Downloading, installing or using certain Jetkite Apps may be prohibited or restricted by your network provider and not all Jetkite Apps may work with your network provider or device. Jetkite makes no representation that the Jetkite Apps can be accessed on all devices or wireless service plans. Jetkite makes no representation that the Jetkite Apps are available in all languages or that the Jetkite Apps are appropriate or available for use in any particular location.

E. PAYMENTS, CANCELLATIONS AND REFUNDS

1. Payment Platforms and Purchases

Our apps are available on Google Play, Huawei AppGallery, and the Apple App Store. All purchases and subscriptions are processed exclusively through the respective payment systems provided by Google Play, Apple App Store and Huawei AppGallery, and you are subject to their terms and conditions when making a purchase. We do not use any third-party payment platform.

Subscriptions
• Apple App Store: Only subscription options are available (weekly, monthly, or yearly).
• Google Play and Huawei: We offer both subscriptions and lifetime purchases (one-time payment).

2. Refund Policy

We offer a 30-day money-back guarantee for yearly and lifetime subscriptions purchased via Google Play. If you are not satisfied and wish to request a refund, email our support team at support@jetkite.com within 30 days of your purchase. To help us locate your transaction, please include either the Google account email address used or your purchase number (starting with GPA...). Once your request is received, your refund will be processed within 3 business days. It may take a few additional days for the amount to appear on your original payment method.

Weekly and monthly subscriptions are non-refundable. You may cancel your subscription at any time via your Apple App Store, Huawei AppGallery, or Google Play account settings. Cancellation will prevent future billing but will not result in a refund for any fees already paid.

For subscriptions purchased via the Apple App Store or Huawei App Gallery, all refund requests must be handled directly by Apple or Huawei. We are unable to process refunds for Apple and Huawei purchases. To request a refund from Apple, please contact Apple Support.

3. Trial Periods

Some subscription services may offer a free trial for a limited time. You may cancel the trial at any time through your Apple or Google account settings. Please note that your free-trial subscription will automatically renew as a paid subscription unless:
(a) Auto-renew is turned off at least 24 hours before the trial ends (Apple), or
(b) You cancel before the trial ends (Google).

F. THIRD PARTY PARTNERS

Our app integrates various third-party solutions and Software Development Kits (SDKs) to enhance functionality and improve user experience. These include, but are not limited to, OpenWeatherMap, Retrofit, Volley, Picasso, Firebase, Facebook SDK, and various Advertisement Network SDKs. Please note that we are not responsible for the content, practices, or policies of these third-party providers. Their use is governed by their own terms and conditions, and we encourage you to review those policies directly on their respective websites.

1. Third-Party Services and Content.

The Jetkite Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing a Jetkite App that includes third-party services and third-party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. Jetkite Apps may provide access or links to Third Party Partner websites or resources. Jetkite Inc. has no control over such websites and resources, and you acknowledge and agree that Jetkite Inc. is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Jetkite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource. Jetkite will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.

2. Access to Third-Party Services and Content through Jetkite Apps.

All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through a Jetkite App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using a Jetkite App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Jetkite be liable in any way for any Content created by or originating with entities other than Jetkite, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of a Jetkite App.

G. PRIVACY AND SECURITY

We are committed to protecting the security of our services and ensuring a safe experience for our users. It is important to note that we do not store or process any user data within our apps; all data-related functions are managed directly by Google and Apple.

Jetkite Apps, like other consumer technologies, may not be 100% secure. By accepting this agreement you acknowledge and accept that the Jetkite Apps and any information you download or offer to share by means of a Jetkite App may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that Jetkite shall not be liable for any unauthorized access to your mobile device or the app data thereon.

Nonetheless, we have implemented a range of security measures to safeguard our app infrastructure and to support secure interactions with the external systems that handle your data:

• Data Handling and Responsibility: Our apps do not store or process any personal or sensitive data. All data-related operations, including storage and processing, are managed by Google and Apple. Users’ data security and privacy are primarily governed by the terms and security measures provided by these platforms.
• Transmission Security: When our apps interact with external systems, such as the payment systems provided by Google Play and the Apple App Store, data transmission is secured using industry-standard encryption protocols (e.g., TLS/SSL).
• Access Controls: We implement strict access controls within our own infrastructure to ensure that only authorized personnel can modify or update the app’s functionality. Our internal systems use secure authentication methods to protect against unauthorized access.
• Regular Security Reviews: We conduct regular security reviews and updates of our app’s code and infrastructure to address potential vulnerabilities and emerging threats.
• Secure Development Practices: Our development team follows industry best practices for secure coding and integrates security assessments throughout the software development lifecycle. Identified vulnerabilities are promptly addressed to maintain the integrity of our services.
• Incident Response: We maintain an incident response plan designed to efficiently address any security issues or breaches affecting our app infrastructure. Although we do not process user data directly, should a security issue arise in our infrastructure, we will take swift action to resolve it and inform users as necessary.
• Third-Party Security: While our apps do not process data directly, they may include third-party SDKs and integrations. We are not responsible for the security practices of these third-party providers. We encourage users to review the security policies of external services such as Google and Apple for more detailed information on how your data is managed.
• Privacy and Security Notices for Third-Party AI Services: Our apps may integrate advanced AI services—including OpenAI’s ChatGPT, Google’s Gemini, and Deepseek—to enhance functionality and user experience. Users should be aware of potential risks regarding data privacy and security when using these services and review the respective providers' privacy policies. By using these AI services within our apps, you acknowledge and accept the associated risks, including potential inaccuracies and data security concerns, and agree that you are solely responsible for the data you share and the decisions you make based on AI-generated content. Please review the following points carefully:
  • User-Provided Data and Prompts: When you use these AI services, any data you enter as prompts or share with the service is processed by the respective third-party provider. You are solely responsible for the information you provide, and we are not liable for any consequences arising from the transmission or processing of your data.
  • Potential Security and Privacy Risks: As these AI technologies continue to evolve, there may be inherent risks related to data privacy and security. Users should exercise caution and avoid including sensitive personal information or confidential details in prompts or interactions with these services.
  • Accuracy and Reliability: Please be aware that the answers provided by AI services may not always be correct or up-to-date. AI systems can make mistakes and generate responses that could potentially lead to hazards. They should not be relied upon as the sole source of information. We strongly recommend verifying any critical information with trusted sources.
  • Third-Party Management and Terms: Each AI service is managed and governed by its respective provider. Their handling of your data, including storage, processing, and retention, is subject to their individual privacy policies and terms of use. We recommend reviewing these policies to fully understand how your data is managed.
  • Google Gemini Specifics: For instance, if you use Google Gemini, please refer to the Gemini Apps Privacy Hub - Gemini Apps Help https://support.google.com/gemini/answer/13594961 for detailed information on privacy practices and guidelines.
• Overall User Responsibilities: Users are encouraged to maintain the security of their accounts and devices by following best practices, such as using strong passwords and keeping software up-to-date. If you suspect any unauthorized activity, please contact the respective service provider immediately.

By combining these security measures with the robust data management systems of Google, Apple and other third-party platforms, we strive to create a secure environment for all our users. For any questions or concerns regarding our security practices, please contact us at support@jetkite.com.

H. REGISTRATION AND PASSWORDS

In some of our apps, you have the option to register and log in using your email address, Google, Apple, or Facebook. This flexibility allows you to synchronize your preferences—such as recently played items, favorites, and other personalized settings—across multiple devices. Our authentication and synchronization system is powered by the Google Firebase service. Any registration required by a Third Party Partner is not governed by this agreement and you should refer to the relevant Third Party Partner's website for their policies.

• Multiple Login Options: Users can choose from various login methods (email, Google, Apple, or Facebook) to access some of our apps.
• Data Synchronization: By signing in, your preferences and settings are synced across your devices, providing a seamless experience.
• Third-Party Authentication: The authentication process is entirely managed by Google Firebase and the respective providers. We do not collect or store any personal data during this process.
• User Responsibility: You are responsible for maintaining the confidentiality of your login credentials. Please use strong, unique passwords and take necessary precautions to secure your account. You shall notify us immediately of any unauthorized use. If we suspect that your credentials have been compromised, we may suspend or terminate your account.
• Security Measures: The providers handling your authentication employ robust security measures to protect your information. If you notice any unauthorized access or have security concerns, please contact the respective service provider immediately.

I. UNINSTALL/REMOVAL OF JETKITE APPS:

You may uninstall or remove Jetkite apps from your device at any time. Please be aware of the following:

• Local Data Removal: Uninstalling the app may result in the deletion of any data stored locally on your device. We recommend ensuring that you are signed in so that your preferences and settings remain synchronized across devices.
• Account and Data Preservation: Your account information and any data managed by third-party services (such as Google Firebase, Google, Apple, or Facebook) will remain intact even if you uninstall the app. Reinstalling the app will allow you to restore your preferences and settings without any loss.
• Subscriptions: Uninstalling the app does not automatically cancel your active subscriptions. To cancel a subscription, please use the cancellation procedures provided through the Apple App Store or Google Play, or contact our support team as applicable.
• Restoring Purchases: If you reinstall the app, you will be able to restore your previous purchases and subscriptions without needing to pay again.
• Device and Operating System Policies: The uninstallation process is governed by your device’s operating system and its policies. We are not responsible for any issues that may arise from the removal or reinstallation of the app, including potential data loss on your device.
• Support: If you experience any issues during the uninstallation or reinstallation process, please contact our support team at support@jetkite.com for assistance.

J. CONSENT TO USE OF DATA

By using Jetkite apps, you acknowledge and agree to the following:

• Data Management by Third Parties: We do not store or process any user data within our apps. All data-related functions—including storage, processing, and synchronization—are managed exclusively by third-party providers such as Google and Apple. By using our apps, you consent to the handling of your data in accordance with the terms and policies of these platforms.
• Implicit Consent: Your continued use of the app constitutes your explicit consent to allow Google, Apple, and any other integrated third-party services (e.g., Google Firebase, Facebook SDK) to collect, store, and process data necessary for the operation, functionality, and improvement of the app.
• Data Synchronization and Restoration: Through your chosen authentication method (email, Google, Apple, or Facebook), your preferences, settings, and purchase history are synchronized and stored by these providers. This synchronization ensures that you can restore your previous purchases and settings without additional charges upon reinstallation of the app.
• Responsibility and Acknowledgment: You acknowledge that Jetkite is not responsible for the data practices of Google, Apple, or any other third-party providers used in our apps. It is your responsibility to review and understand their respective privacy policies and terms of use.

K. INTELLECTUAL PROPERTY

The Jetkite Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Jetkite are the property of Jetkite or the property of Jetkite's licensors, and are protected by U.S. and international copyright, trademark, patent and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Jetkite Apps. All rights not expressly granted hereunder are expressly reserved to Jetkite and its licensors.

The Jetkite and Jetkite names, logos and affiliated properties are the exclusive property of Jetkite or its affiliates. All other trademarks appearing on any Jetkite App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Jetkite App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

L. COPYRIGHT/SUBMISSIONS

1. You are solely responsible for any Content you contribute, submit or display on or through your use of the Jetkite App(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
2. Jetkite respects and expects its users to respect the rights of copyright holders. On notice, Jetkite will act appropriately to remove content that infringes the copyright rights of others. Jetkite reserves the right to disable the access to Jetkite Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe a Jetkite App or its elements infringe your copyright rights, please contact Jetkite Agent at:
   Jetkite Yazilim Sanayi ve Ticaret Anonim Sirketi
   Konutkent Mh. 3028 Cd. No:6 Daire:55 SMK Tower
   06810, Cankaya, Ankara
   Türkiye
   ATTN: Copyright Agent/Legal Dept.
   support@jetkite.com
   Please ensure your communication includes the following:
   • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
   • A description of the copyrighted work that you claim has been infringed;
   • A description of where the material that you claim is infringing is located on the Jetkite App;
   • Your address, telephone number, and email address;
   • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
   • A statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
3. Objectionable Content. Jetkite may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Jetkite's sole discretion. "Objectionable Content" includes, but is not limited to:
   • Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, or libelous,
   • Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
   • Content that may harm minors in any way,
   • Content that has the goal or effect of stalking or otherwise harassing another,
   • Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy,
   • Content that is vulgar, offensive, obscene or pornographic,
   • Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
   • Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
4. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor Content submission through the Jetkite Apps, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
5. Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit through your use of the Jetkite Apps. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the Jetkite Apps. If, at our request, you send submissions (such as contest submissions, polling questions) or creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed and shall remain the property of Jetkite. None of the Submissions shall be subject to any obligation of confidence on the part of Jetkite. Jetkite shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Jetkite shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You hereby assign to Jetkite all right, title and interest in and to the Submissions and you hereby waive any moral rights relating to the Submissions in favor of Jetkite and its assignees, licensees and designees.
6. Repeat Infringer Policy. Jetkite may terminate a user's access to the Jetkite App(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.
7. No Intended Third Party Beneficiaries. Except as otherwise set forth herein, no third party is an intended beneficiary of this agreement.

M. TERMINATION

Your rights under this agreement will terminate immediately and automatically without any notice from Jetkite if you fail to comply with any of the terms and conditions of this document. You understand that Jetkite, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use any Jetkite Apps at any time. Further, Jetkite, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Jetkite Apps or any of its component features. You agree that Jetkite shall not be liable to you or any third party for any termination or disabling of the Jetkite Apps. Promptly upon expiration or termination of this agreement, you must cease all use of the Jetkite Apps and destroy all copies of Jetkite Apps in your possession or control. Termination will not limit any of Jetkite's other rights or remedies at law or in equity. Sections J-S, and any Supplemental Terms of this document shall survive termination or expiration of this agreement for any reason.

N. DISCLAIMER OF WARRANTY

TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL JETKITE APPS ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, JETKITE, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, JETKITE MAKES NO WARRANTY THAT THE JETKITE APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE JETKITE PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE JETKITE APPS WILL MEET YOUR EXPECTATIONS. JETKITE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR JETKITE APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM JETKITE APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH JETKITE APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JETKITE APPS.

THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE JETKITE APPS REMAINS SOLELY WITH YOU.

JETKITE EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

O. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT JETKITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JETKITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE JETKITE APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE JETKITE APPS. IN NO EVENT SHALL JETKITE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE JETKITE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE JETKITE APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

P. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JETKITE, ITS PARENTS, AFFILIATED AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE JETKITE APPS, YOUR VIOLATION OF THE AGREEMENT OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY JETKITE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Q. EXPORT CONTROLS

The Jetkite Apps and the underlying information and technology are subject to US, Turkish and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.

R. NOTICE TO US GOVERNMENT END USERS

Any Jetkite Apps installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein.

S. JURISDICTIONAL ISSUES AND MISCELLANEOUS TERMS

Jetkite does not represent or warrant that the Jetkite Apps or any part thereof is appropriate or available for use in any particular jurisdiction.

No failure or delay by Jetkite in exercising any right, power or privilege under this agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this agreement. If any provision of this agreement shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

T. HOW TO CONTACT US

If you have any questions about this agreement, please contact us by email or postal mail as follows:

NOTICE REGARDING APPLE

1. This agreement is between Jetkite and you; Apple is not a party to this agreement.
2. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Jetkite App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.
3. Apple is not responsible for the Jetkite App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Jetkite App.
4. In the event of any failure of the Jetkite App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Jetkite App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Jetkite App.
5. Apple is not responsible for addressing any claims by you or a third party relating to the Jetkite App or your possession or use of the Jetkite App, including without limitation (a) product liability claims; (b) any claim that the Jetkite App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the Jetkite App or your possession and use of the Jetkite App infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
7. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Apple and its subsidiaries are third party beneficiaries of this agreement and upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
9. Jetkite expressly authorizes use of the Jetkite Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.

NOTICE REGARDING GOOGLE

1. You acknowledge that this agreement is between you and Jetkite only, and not with Google LLC (“Google”), and that Google is not responsible for the App and the content hereof.
2. This agreement shall be subject to the terms of the Google Terms of Service (“Google Terms”) (as of the Effective Date of this document, located at http://www.google.cn/intl/en/policies/terms/regional.html, and which you acknowledge you have had the opportunity to review). The license granted to you by Jetkite for the App is non-exclusive, limited, non-transferable, and is granted to you solely to use the App on an Android platform based smart mobile device that you own or control and solely as permitted by the Terms set forth herein and the usage rules set forth in the Google Terms.
3. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Jetkite Apps in the event of any failure of the App to conform to any applicable warranty, you may notify Google and if applicable, Google will refund the purchase price (if any) for the App to you; you further acknowledge, accept and agree that, and to the maximum extent permitted by applicable law,
4. Google has no other warranty obligations whatsoever with respect to the App; and Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and Google is not responsible for the investigation, defense, settlement and discharge of any third party claim that your possession and use of the App infringes that third party’s intellectual property rights.
5. You agree to comply with any applicable third party terms when using the App. Google, and Google’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of this agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of this document. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.