Terms of Use

These Terms of Use (the "Terms") are an agreement between you, the person using kitUP (the "User" or "you"), and the company that provides kitUP, identified in Section 17 (the "Company", "we", "us" or "our").

The Service may offer auto-renewing subscriptions. Please read these Terms of Use carefully before starting a trial or completing a purchase for an auto-renewing subscription service. kitUP is a mobile application and web service that provides personalized personal development plans and audio book summaries.

Important: If you started a subscription through the App Store or Google Play, in order to avoid being charged you must cancel your subscription from your App Store or Google Play account settings at least 24 hours before the end of the free trial or the billing period.

If you started a subscription through our website, in order to avoid being charged in subsequent periods, you may cancel your subscription before the end of the billing period via the cancellation page located in the Support Center or by any other method as easy as the method you used to set up your subscription.

These Terms of Use (the "Terms") govern the relationship between the Company identified below and the subscriber ("you" or the "User"). The Terms apply to your use of the websites, mobile applications, and other services offered under the kitUP brand (the "Service") and cover all text, graphics, video, music, software, and other content provided by the Company (the "Contents").

The term "kitUP" refers solely to the brand and application name under which the Service is offered; it does not have a separate legal personality.

Your access to and use of the Service constitutes your agreement to be bound by these Terms, and these Terms create a legally binding contract between you and the Company. Therefore, please read the Terms carefully before using the Service.

Please also review our Privacy Policy. The terms of the Privacy Policy and any other additional terms, policies, or documents that may be published in the Service from time to time are expressly incorporated into this document by reference. The pre-contractual information form provided to consumers prior to purchase is also an integral part of these Terms.

THESE TERMS CONTAIN IMPORTANT DISCLAIMERS OF LIABILITY (SECTION 9), DISCLAIMERS OF WARRANTIES (SECTION 9), AND LIMITATIONS OF LIABILITY (SECTION 10). THESE LIMITATIONS DO NOT APPLY TO THE EXTENT THAT THEY CONFLICT WITH THE MANDATORY CONSUMER LEGISLATION OF THE COUNTRY IN WHICH YOU RESIDE.

IF YOU DO NOT ACCEPT ANY PART OF THESE TERMS OR ARE NOT AUTHORIZED TO COMPLY WITH THESE TERMS OR TO BE BOUND BY THEM, DO NOT ACCESS OR USE THE SERVICE.

In order to use certain features of the Service, you may need to create an account (the "Account") and provide certain information requested in the registration form.

By opening an Account, you represent and warrant to the Company that: (i) all required registration information you submit is accurate and complete; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service will not violate any applicable law, regulation, or these Terms.

Age Limit: The Service is not designed for individuals under the age of 18. Users who have not yet reached the age of 18 may use the Service only with the express consent of, and under the supervision of, their legal representatives (parent or guardian). By using the Service, you represent and warrant that you have reached the age of 18 or that you have obtained the consent of your legal representative.

You are responsible for maintaining the confidentiality of your Account login credentials, and you are solely responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized or suspected unauthorized use of your Account or any security breach.

By using the Service, you represent and warrant to the Company that: (i) all required information you provide is accurate and complete; (ii) your use of the Service will not violate any applicable law, regulation, or these Terms.

The Service may be modified, updated, interrupted, or suspended at any time, subject to reasonable notice.

You are solely responsible for obtaining and maintaining the equipment and telecommunication services (device, internet service provider, etc.) required to access the Service.

We reserve the right to make changes to the Service (including free or paid features) upon reasonable notice. Material changes that are unfavorable to the consumer will be communicated to the consumer with reasonable advance notice before taking effect, and if the consumer does not accept the changes, the consumer's right to terminate the contract free of charge is reserved.

To the extent permitted by law, access to and use of the Service is at your own risk.

The Company undertakes to provide reasonable customer support. Customer support requests may be submitted to the support address or through the in-app support channels.

Purchases on our website are sold to you by the Company, acting in its own name as merchant of record, as shown at checkout and on your receipt (in this capacity, the "Authorised Reseller"), which handles payment, receipts, applicable taxes, refunds and chargebacks. Purchases made through the App Store or Google Play are processed by Apple or Google under their terms.

4.1 Merchant of Record

• (a) Apple App Store channel: For subscriptions made through this channel, the Merchant of Record is Apple Distribution International Ltd. (Hollyhill Industrial Estate, Hollyhill, Cork, Ireland), and all payment, billing, and refund processes are subject to Apple's terms and conditions. To cancel a subscription, the Apple ID account settings on your device must be used.
• (b) Google Play Store channel: For subscriptions made through this channel, the Merchant of Record is Google Commerce Limited (Gordon House, Barrow Street, Dublin 4, Ireland), and all payment, billing, and refund processes are subject to Google's terms and conditions. To cancel a subscription, the Google Play account settings must be used.
• (c) Website channel: For subscriptions made through the kitUP website, the Merchant of Record is the Authorised Reseller shown at checkout and on your receipt. In the web channel, payment collection may be carried out through authorized third-party payment service providers acting on behalf of the Authorised Reseller; however, the merchant status rests with the Authorised Reseller. To cancel a subscription, the cancellation page in the Support Center or the subscription management area in your account may be used.

Subscription Term and Billing: The Service is offered as a subscription relationship of indefinite duration. The subscription is billed periodically (monthly or yearly, depending on your Plan), and the subscription fee for each billing period is collected in advance on a prepaid basis. The consumer may terminate the subscription at any time, without giving any reason and without incurring any penalty.

Pre-Contractual Information: Before making a purchase through the web channel, the essential characteristics of the subscription, the total price including all taxes, the payment and termination conditions, information regarding automatic renewal, and the conditions concerning the right of withdrawal will be clearly communicated to you in accordance with applicable law. By confirming the purchase, you acknowledge that you have read and understood this pre-contractual information.

Automatic Renewal: Within the scope of the indefinite-term subscription, unless cancelled before the end of the billing period, the subscription will be automatically renewed for the next billing period at the announced fee. For subscriptions purchased through the web channel, a renewal reminder will be sent to the consumer by email and/or in-app notification a reasonable time before the automatic renewal date.

Termination of the Subscription: The consumer may terminate the subscription at any time, without giving any reason and without incurring any penalty. The notice of termination may be made by a method as easy as the method by which the subscription was set up (via the one-click cancellation page in the Support Center, account settings, or by written notice to the support address); no more burdensome conditions will be applied. The Company will give effect to the termination request within seven (7) days at the latest from the date it reaches the consumer and will communicate the termination information to the consumer by email or in-app notification.

Consequences of Termination: If the subscription is terminated, the subscription will end at the end of the current billing period, and the consumer will retain access to the Service throughout that period. Since the consumer can continue using the Service until the end of the period, no separate refund will be made for the unused portion of the billing period. If a Promotional Offer or trial subscription that has not yet expired is being used, in the event of termination the subscription ends immediately. This provision does not limit the consumer's rights under Section 5 in the event of defective performance.

Price Changes: The Company reserves the right to change subscription fees. For subscriptions made through the web channel, price increases will be notified to the consumer by email at least thirty (30) days before they take effect. If the consumer does not accept the price increase, the consumer has the right to terminate the subscription free of charge; in such a case the new price will not be applied to the consumer.

Trial Subscriptions: The Service may offer trial subscriptions of limited duration that automatically convert into a paid subscription at the end of the trial period. Before the trial period begins, the length of the free period and the conditions of the subsequent paid period will be clearly communicated to you. Unless you cancel your subscription within the trial period, a paid subscription will automatically begin at the end of the trial period.

Late Payment and Default: If, on the automatic renewal date, payment cannot be collected from the consumer's payment method, access to the Service will be suspended for fifteen (15) days from the first failed collection attempt. During this period, the Company undertakes to retry collection from the consumer's payment method, and the consumer may reactivate the subscription by updating their payment method. If collection cannot be obtained within one (1) month of the first failed collection attempt, the subscription will be cancelled without any penalty or additional charge. No fee will be charged to the consumer for any service not actually provided.

Right of Withdrawal: Pursuant to applicable law, the right of withdrawal cannot be exercised in respect of intangible digital content that is performed instantly in an electronic environment, where performance has begun with the consumer's consent. By confirming your purchase and expressly requesting that performance begin immediately, you acknowledge that you waive your right of withdrawal with respect to digital content and services. This provision does not limit the consumer's statutory rights in the event of defective performance.

Consumer's Rights in the Event of Defective Performance: If, due to causes attributable to the Company, the Service cannot be provided in accordance with the qualifications specified in the contract, the consumer has the following alternative rights under applicable consumer legislation: (i) to withdraw from the contract and request a refund of the price paid, (ii) to request a reduction of the price paid, (iii) to request that the defect be remedied free of charge, or (iv) where possible, to request the replacement of the service with a defect-free equivalent. These alternative rights are at the consumer's option and cannot be limited by these Terms.

5.1 Refund Policy

• (a) Purchases processed through the Apple App Store or Google Play Store are subject to the refund policies of the respective store. The Company cannot directly issue refunds for payments made through these channels; refund requests must be addressed to the support of the relevant store.
• (b) Purchases processed through the website are refunded by the Authorised Reseller in accordance with the termination rules in Section 4 and this Section 5, without prejudice to the right of withdrawal, the provisions on defective performance set out above, and the mandatory consumer legislation of the country in which you reside. Refund requests may be sent to the support address.

Any information, data, text, and other materials that you submit or may submit to the Service ("User Content") shall remain your intellectual property.

You grant the Company a non-exclusive, worldwide, transferable license to host, publish, display, and process User Content as necessary for the provision of the Service in connection with the Service. This license terminates as soon as technically reasonable upon your deletion of your account.

Each user of the Service is responsible for their own User Content. The Company makes no warranty as to the accuracy, timeliness, or quality of content uploaded by users.

6.1 User Representations and Restrictions

By using the Service, you represent and warrant the following:

• You have legal capacity, or have obtained the consent of your legal representative, and you agree to comply with these Terms;
• You are not under the age of 18, or you are using the Service with the express consent of, and under the supervision of, your legal representative;
• You will not access the Service using any bot, automated script, or non-human means;
• You will not use the Service for any unlawful or unauthorized purpose;
• (i) You have not been designated as a Specially Designated National by OFAC; (ii) You are not included in the Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions; and (iii) You are not included in any sanctions list maintained by any other official authority responsible for sanctions policies;
• Your use of the Service will not violate any applicable law or regulation.

If you provide untrue, inaccurate, outdated, or incomplete information, the Company reserves the right to deny any current or future use of the Service (or any portion thereof).

You may not use the Service for any purpose other than the purpose for which the Company has made the Service available.

As a user of the Service, you agree not to:

• Systematically create a collection, compilation, database, or directory from the Service's data or content without obtaining written permission from the Company;
• Use the Service in an unauthorized manner;
• Make any modifications, adaptations, translations, or derivative works of the Service;
• Use the Service for any commercial enterprise or revenue-generating endeavor for which it was not specifically designed;
• Distribute the Service in a manner that allows simultaneous access by multiple devices or users;
• Use the Service to create a product, service, or software that competes with or replaces the Service;
• Use any application, accessory, or device not specifically approved by the Company;
• Bypass, disable, or interfere with any security-related features of the Service;
• Frame or embed the Service without authorization;
• Interfere with, disrupt, or place an undue load on the Service or its connected servers;
• Attempt to reverse engineer, decompile, or disassemble any software components of the Service;
• Attempt to circumvent any preventative measures of the Service;
• Upload or distribute viruses, worms, Trojan horses, or other malicious software;
• Use any spider, robot, scraper, or other automated means to access the Service;
• Use the Service to send unsolicited commercial emails (spam);
• Disparage or harm the reputation of the Company or the Service;
• Use the Service in violation of any applicable law;
• Otherwise breach these Terms.

Subject to these Terms, the Company grants you a non-exclusive, non-transferable, revocable license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes.

You acknowledge, represent, and warrant that your use of the Service or any portion thereof shall comply with these Terms, agreements, and restrictions and shall not infringe the rights of any third party.

All rights to the text, images, trademarks, logos, data, content, software, and materials used to operate the Service or displayed through the Service (excluding User Content) are either owned by the Company, or are owned by third parties and used with their permission.

The Company expressly reserves its intellectual property rights; no copying, distribution, sale, conversion to source code, reverse engineering, or creation of derivative works is permitted except as expressly authorized by these Terms.

The Service may contain links to third-party websites or resources, as well as advertisements directed to third parties (collectively, "Third-Party Advertisements"). Such Third-Party Advertisements are not under the control of the Company, and the Company is not responsible for the content of these advertisements.

The Company is not liable, except in cases of willful misconduct or gross negligence, for any damages arising from your interactions, directly or indirectly, with other users of the Service or with any Third-Party Advertisement.

To the extent permitted by applicable law, the Service does not guarantee that (i) it will meet your needs, (ii) it will be uninterrupted, timely, secure, or error-free, (iii) any specific results obtained from using the Service will be accurate or reliable, or (iv) any information or material obtained through the Service will meet your expectations.

The Service is designed as a tool that may help you achieve general life goals. You acknowledge that activities encouraged or inspired by the Service may involve risks, and by participating in such activities, you assume your own responsibility for the decisions you make for your health and well-being.

Information provided through our Service is for informational and entertainment purposes only. The Service is not a substitute for (a) professional medical or psychiatric advice, diagnosis, or treatment, or (b) professional financial, legal, or investment advice. Do not delay obtaining professional advice because of this Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, APPLICATION, AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY DOES NOT WARRANT (I) THAT THE WEBSITE, APPLICATION, OR INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE, OR COMPLETE; (II) THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES AND IN ALL LOCATIONS; (III) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THAT THE SERVICE WILL NOT CONTAIN VIRUSES OR HARMFUL COMPONENTS; OR (V) THAT ANY SPECIFIC RESULTS OR OUTCOMES WILL BE OBTAINED.

To the maximum extent permitted by applicable law, the Company (and its affiliates) shall not be liable to you or any third party for any indirect, incidental, special, or consequential damages, or for any loss of profits, arising out of or in connection with your use of, or inability to use, the Service, these Terms, and the Third-Party Advertisements.

Subject to the limitations set out above, the Company's total liability to you for claims arising out of your use of the website, content, or Service is limited to the amounts paid by you to the Company for the Service in the twelve (12) months preceding the event giving rise to the claim.

Nothing in this Section 10 limits or excludes your rights under the mandatory consumer legislation of the country in which you reside, or the Company's liability arising from its willful misconduct or gross negligence, or for death or personal injury.

To the extent permitted by law, you agree to indemnify and hold harmless the Company, its successors, affiliates, employees, and representatives from and against any claims and proceedings (including reasonable attorneys' fees and costs) brought by third parties arising out of (i) your use of the Service, (ii) your User Content, or (iii) your breach of these Terms.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify it, and you agree to cooperate with the Company in the defense of such claims.

The Company reserves the right, upon reasonable notice, to suspend or terminate your Account or your access to the Service if you breach these Terms.

The data controller for the processing of your personal data is identified in our Privacy Policy.

With respect to purchases made through the Apple App Store and Google Play Store channels, payment information and billing data are processed by the relevant store, and on these channels Apple and Google act as data controllers within the scope of their own terms of use and privacy policies.

For detailed information about the purposes for which your personal data is processed, the recipients to whom it is transferred, the retention periods, and your rights under applicable law (such as the right to request information, rectification, deletion, or to object to processing), please review our Privacy Policy. You may submit your data subject requests to the support address.

The Company reserves the right to make changes to these Terms. Any changes that are unfavorable to the consumer will be communicated to the consumer by email or in-app notification a reasonable time before they take effect, and the consumer's right to terminate the contract free of charge before such changes take effect is reserved.

For existing subscriptions, a change applies from the first renewal falling at least 30 days after we notify you.

These Terms and any non-contractual obligations arising from them are governed by the laws of the Republic of Türkiye. The courts and enforcement offices of Istanbul (Çağlayan) have jurisdiction over any dispute arising out of or in connection with these Terms. This does not deprive a User who is a consumer of the protection of the mandatory provisions of the law of the User's country of residence, including the right to bring proceedings before the courts or consumer bodies of that country.

Complaints and Dispute Resolution: You may submit any complaints regarding the Service to the support address or to the in-app support channels. If your complaint cannot be resolved by the Company, you retain the right to pursue legal remedies available under the legislation of the country in which you reside.

If any provision of these Terms is held to be invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be deemed replaced, to the extent possible, by a valid provision that comes closest to the original intention of the parties.

The Company's failure to exercise, or delay in exercising, any right under these Terms shall not constitute a waiver of such right.

The Company may contact you, through the email address on file in the Service or by in-app notification, in cases such as changes to these Terms, material changes to the Service, or compliance with legal obligations.

We will retain these Terms in electronic form, with the current version published in the Service always being the applicable version. Upon your request, a signed copy or a copy of the current version will be provided to you.

kitUP is provided by Boros Studio, LLC, 1111b South Governors Avenue, STE 7399, Dover, DE 19904, United States.

Questions about these Terms: info@kitup.net.