The service may offer auto-renewing subscriptions. Please read these Terms and Conditions of Use carefully before attempting a trial or completing a purchase for an auto-renewing subscription service. kitUP offers personalized personal development plans and audio book summaries.
IF YOU SUBSCRIBE VIA THE APP STORE (APP STORE, GOOGLE PLAY), YOU MUST CANCEL SUBSCRIPTION FROM YOUR APP STORE, GOOGLE PLAY SETTINGS AT LEAST 24 HOURS BEFORE THE END OF THE FREE TRIAL OR THE SUBSCRIPTION PERIOD TO NOT BE CHARGED.
IF YOU STARTED A SUBSCRIPTION FROM OUR SITE, YOU MUST CANCEL YOUR SUBSCRIPTION ON THE CANCELLATION PAGE LOCATED IN THE SUPPORT CENTER BEFORE THE SUBSCRIPTION PERIOD ENDS, IN ORDER TO NOT BE CHARGED IN THE FOLLOWING MONTHS.
The original terms are in English and the original is valid. Translations in other languages are for informational purposes only.
1. ACCEPTING TERMS
1.1. These Terms and Conditions (the "Terms") It manages the relationship between Ouro Yazilim Reklam Teknolojileri Arastirma Gelistirme ve Pazarlama Ticaret A.S
. ("we", "kitup"), a legal entity established according to the laws Registered office address: And correspondence address:İÇERENKÖY MAH.TOPÇU İBRAHİM SK.QUICK TOWER SİT.NO:8-10D . Regarding your use of the Company's websites, mobile applications, and other services ("Service"), including any text, graphics, video, music, software, and other content provided by "we", "our", or "Company". ( "Contents" ).
1.2. Governing Law: These Terms and all non-contractual obligations arising in any way whatsoever out of or in connection with the Terms are exclusively governed by the laws of England. Any disputes or claims arising out of or related to these Terms are subject to the exclusive jurisdiction of the courts of England.
1.3. Your access to and use of the service constitutes your agreement to be bound by these Terms, which create a legally binding contract between you and the Company. Therefore, please read the Terms carefully before using the SERVICE.
1.5. THESE TERMS INCLUDE IMPORTANT DISCLAIMERS OF LIABILITY (SECTION 2), DISCLAIMERS OF WARRANTIES (SECTION 8), LIMITATIONS OF LIABILITY (SECTION 9), AS WELL AS WAIVERS OF JURY TRIAL RIGHTS, COURT RIGHTS, AND CLASS ACTION RIGHTS (ARBITRATION AND CLASS ACTION WAIVER) AS SET FORTH IN SECTION 12. ARBITRATION IS THE EXCLUSIVE METHOD FOR RESOLVING ALL DISPUTES UNLESS OTHERWISE SPECIFIED IN SECTION 12 BELOW AND IS MANDATORY EXCEPT AS PROVIDED IN SECTION 12 BELOW.
1.6. IF YOU DO NOT ACCEPT ANY PART OF THESE TERMS OR ARE NOT AUTHORIZED TO COMPLY WITH THESE TERMS OR BE BOUND BY THEM, DO NOT ACCESS OR USE THE SERVICE.
2. IMPORTANT DISCLAIMER OF LIABILITY
2.1. (I) The service does not guarantee to meet your needs, (II) the service will be uninterrupted, timely, secure, or error-free, (III) any specific outcomes from using the service. It does not guarantee that the service will be accurate or reliable, or (IV) that any products, services, information, or other materials obtained or purchased through the service will meet your expectations or provide any benefits.
2.2. All information provided in the application is not suitable for everyone. The service is intended as a tool that may be helpful in achieving general life goals. You acknowledge that activities encouraged or inspired by the service entail risks, and by engaging in these activities, you accept and understand these risks and assume full responsibility for your health, life, and well-being, as well as the decisions you make for yourself, your family, and your children (both born and unborn) now or in the future.
2.3. 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 or investment advice, including but not limited to legal advice. Do not request or delay seeking professional financial or other professional advice. Your reliance on information provided by the service is solely at your own choice and discretion. Any decisions you make, whether in whole or in part, based on information provided by the service, will be your sole and exclusive responsibility.
3. ACCOUNT REGISTRATION
3.1. To use specific features of the service, you may need to create an account ("Account") and provide certain information about yourself as requested in the registration form.
3.2. By opening an Account, you represent and warrant to the Company that: (i) all necessary registration information you submit is true and accurate; (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. Otherwise, the Service may not function properly, and we may not be able to reach you for important notifications.
3.3. The Service is not intended for individuals under the age of 16. By accepting this document, you declare and warrant to the Company that you meet the qualifications stated above. All users who are not of legal age (generally under 18 years old) in the jurisdiction they reside in must have the consent of their parents or guardians and must be directly supervised by them to use the Service. If you are not of legal age, you should ensure that your parent or guardian reads and accepts these Terms before using the Service.
3.4. The Company reserves the right to suspend or terminate your Account or access to the Service, with or without notice, if you violate these Terms.
3.5. You are responsible for maintaining the confidentiality of your account login information, 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 other security breach. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4.1. By using the Service, you represent and warrant to the Company that: (i) all necessary information you provide is true and accurate; (ii) your use of the Service will not violate any applicable law, regulation, or these Terms.
4.2. The Company reserves the right to suspend or terminate your use of the Service or access to the Service, with or without notice, if you violate these Terms.
4.3. The Service may be changed, updated, interrupted, or suspended at any time, without notice to you or without our liability.
4.4. You are solely responsible for obtaining and maintaining the equipment and telecommunication services necessary to access the Service and for all related fees (such as computer devices, Internet service provider, and call charges).
4.5. We reserve the right to make changes to the Service (including free or paid features) at any time, with or without notice. You acknowledge and agree that the Company may, at various times and/or in the same manner, restrict or block your access to the Service, either temporarily or permanently, and that the Company shall have no liability or obligation arising from such events, including but not limited to actions or consequences such as deletion of any content or service or failure to provide content or service.
4.6. The risk of accessing the Service and using the Service is solely yours. To the extent permitted by law, the Company shall not be liable for any damage to your computer system, loss of data, or any damage arising from your access to or use of the Service, or relying on any information or advice, without limitation, including, without limitation, any bodily harm.
4.7. The Company is under no obligation to provide any form of customer support to you. However, the Company may, at its discretion, provide customer support to you from time to time.
5. THIRD-PARTY ADVERTISEMENTS, INTELLECTUAL PROPERTY, USER CONTENT
5.1. The Service may contain links to third-party websites or resources and advertisements directed at third-party websites or 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 any Third-Party Advertisement. The Company provides such Third-Party Advertisements solely for convenience and does not review, endorse, monitor, certify, guarantee, or make any representations regarding such Third-Party Advertisements. The accuracy of advertisements and other information provided by Third-Party Site Advertisements may not be entirely accurate. You accept full responsibility for any risks arising from the use of such websites or resources. When you link to a third-party site, the terms and policies of the relevant service provider, including privacy and data collection practices, will apply. You should conduct any necessary or appropriate investigation before engaging in any transactions with any third party.
5.2. Hereby, you exempt us, our officers, employees, agents, and successors from any liability, loss, damage, claim, or action, including personal injury, death, and property damage, directly or indirectly related to any interaction or behavior with any other user of the Service or any Third-Party Advertisement.
5.3. 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.
5.4. You agree, represent, and warrant that your use of the Service or any portion thereof will comply with the above licenses, agreements, and restrictions and will not infringe upon or violate the rights of any other party or breach any contract or legal obligation. You further agree to comply with all applicable laws, regulations, and rules regarding the use of the Service and your use of the Service. You acknowledge that any violations of such laws will be your sole responsibility.
5.5. All rights, title, and interest in and to all text, images, trademarks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, other content, software, and materials used to operate the Service or displayed through the Service (excluding any User Content as defined below) are either owned by us or owned by third parties and used with their permission.
5.6. The Company expressly reserves all rights, including all intellectual property rights, in and to the above and no use, distribution, sale, conversion to source code, reverse engineering, disassembly, translation, or other exploitation is permitted except as expressly permitted by these Terms. The provision of the Service does not transfer to you or any third party any right, title, or interest in or to any such intellectual property rights.
5.8. You grant us a non-exclusive, worldwide, transferable, perpetual, irrevocable license to publish, distribute, publicly display, and perform any User Content in connection with the Service.
5.9. Each user of the Service is solely responsible for all of their User Content. As we do not control User Content, we are not responsible for it, and we make no guarantees as to the accuracy, timeliness, appropriateness, or quality of any User Content and we accept no liability for any User Content. Your interactions with other users of the Service are solely between you and that user, and you agree that the Company will not be liable for any loss or damage arising from any interaction with or behavior of other users. We have no obligation to interfere in any dispute between you and any other user of the Service.
6. PAYMENTS AND REFUNDS
6.1. Certain features of the Service may be offered for a fee. You can make a purchase ("Purchase") directly through us.
6.2. To the maximum extent permitted by applicable laws, we may change the Purchase fee at any time. We will provide you with reasonable notice of any pricing changes by publishing new prices on the Service or through the Service and/or sending you an email notification.
6.3. You authorize stores and us to charge the applicable fees from your payment method.
6.4. Our Service may offer automatically renewing subscriptions. Unless you cancel your subscription before the end of the subscription period, you authorize stores and us to charge you for the renewal period. The automatic renewal and cancellation procedure will be explained to you on the Service.
6.5. Our Service may offer trial subscriptions that provide access to the Service for a limited time and automatic renewal unless canceled before the end of the trial period. The terms of the automatic renewal and cancellation procedure will be explained to you on the Service.
6.6. We reserve the right to modify or terminate any trial offer, your access to the Service during the trial period, or any of these terms at our sole discretion, without notice and without any obligation, including without limitation, the right to limit your use of multiple trials.
6.7. Purchases made through the store are subject to the refund policies of the respective store. This means that we cannot issue a refund when a Purchase is made through the store. You will need to contact store support.
6.8. To the extent permitted by applicable laws, purchases made through our website are not refundable and/or exchangeable, unless otherwise specified here or required by applicable law.
6.9. According to the regulations in the distance sales contract, our digital products fall under the category of "products for which the right of withdrawal cannot be used". "Instantly performed services delivered in electronic form, or non-tangible goods delivered to the consumer instantly, including sound or visual recordings, books, digital content, software programs, data recording, and data storage devices, computer consumables are not refundable in accordance with the Regulation."
Source: https://www.legislation.gov.uk/uksi/2002/2013/made ,https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted
If the performance of the contract has commenced with your prior explicit consent, and thus you acknowledge that you have forfeited your right of withdrawal, the right of withdrawal shall not be valid.
BY EXPRESSLY CONFIRMING THE IMMEDIATE IMPLEMENTATION OF THE AGREEMENT AND ACKNOWLEDGING THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT WHEN OUR SERVERS SUCCESSFULLY REACH YOU UPON YOUR PURCHASE, you agree that unless the Service is found to be defective, you will not be eligible for a refund concerning digital products, and you will only be entitled to a proportionate refund in relation to the digital service.
7. USER DECLARATIONS AND RESTRICTIONS
7.1. By using the Service, you declare and warrant the following:
7.1.1. You possess the legal capacity and agree to adhere to the Terms;
7.1.2. You are not under the age of 16;
7.1.3. You will not access the Service using any form of a bot, script, or any other automated or non-human means;
7.1.4. You will not use the Service for any unlawful or unauthorized purposes;
7.1.6. (i) You have not been specifically 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 maintained by the European Commission, or in the Consolidated List of Asset Freeze Targets maintained by Her Majesty's Treasury; or (iii) by any other official authority responsible for sanction policies in the relevant jurisdiction;
7.1.7. Your use of the Service will not violate any applicable laws or regulations.
7.2. If you provide untrue, inaccurate, outdated, or incomplete information, we reserve the right to deny any present or future usage of the Service (or any portion thereof).
7.3. You may not access or use the Service for any purpose other than its intended purpose for which we have made the Service available. The Service shall not be utilized in connection with any commercial endeavor except those specifically endorsed or approved by us.
7.4. As a user of the Service, you agree not to:
7.4.1. Create or compile, directly or indirectly, a collection, compilation, database, or directory from the Service's data or content systematically, without obtaining written permission from us;
7.4.2. Use the Service without authorization;
7.4.3. Make any modifications, adaptations, improvements, developments, translations, or derivative works from the Service;
7.4.4. Use the Service for any revenue-generating endeavor, commercial enterprise, or any purpose not specifically intended or designed;
7.4.5. Make the Service available over a network or any other environment that permits simultaneous access or use by multiple devices or users;
7.4.6. Use the Service to create a product, service, or software that competes with or replaces the Service in any way;
7.4.7. Use any application, accessory, or device designed to be used with the Service in the design, development, production, licensing, or distribution of which proprietary information or interfaces from us, or any other intellectual property, including any interfaces, may be used, except those specifically approved by us;
7.4.8. Bypass, disable, or otherwise interfere with the security-related features of the Service;
7.4.9. Frame the Service or link to the Service without authorization;
7.4.10. Interfere with, disrupt, or create an undue burden on the Service or servers or networks connected to the Service;
7.4.11. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software components comprising or contributing to the Service, or perform any unauthorized scripting or software initiation;
7.4.12. Attempt to access or bypass any preventative measures of the Service designed to prevent or restrict access to it;
7.4.13. Upload or distribute files that contain viruses, worms, Trojan horses, corrupted files, or any other similar software or programs that may impair the operation of another's computer;
7.4.14. Use any spider, robot, cheat utility, scraper, or offline reader, or any other automated means, whether through automated systems or manual operations, to access, initiate, develop, or distribute the Service, or initiate any unauthorized scripting or software;
7.4.15. Use the Service to automatically send queries to any website or send unsolicited commercial emails;
7.4.16. Disparage, defame, or otherwise harm us and/or the Service in our view;
7.4.17. Use the Service in violation of any applicable laws or regulations;
7.4.18. Otherwise breach these Terms.
8. DISCLAIMER OF WARRANTIES
THE SERVICE'S WEBSITE, APPLICATION, AND OTHER ASPECTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE SERVICE'S WEBSITE, APPLICATION, AND OTHER ASPECTS ARE PROVIDED WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES IMPLIED BY PERFORMANCE OR TRADE USAGE ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS: (I) DO NOT WARRANT THAT THE WEBSITE, APPLICATION, OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE, OR CORRECT; (II) WARRANT THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) WARRANT THAT THE SERVICE DOES NOT CONTAIN VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) WARRANT ANY RESULTS OR OUTCOMES CAN BE ACHIEVED.
9. LIMITATION OF LIABILITY
9.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE TERMS, THE SERVICE (INCLUDING INTERNET SITES AND CONTENT) AND THIRD-PARTY ADVERTISEMENTS. YOUR ACCESS AND USE OF THE SERVICE (INCLUDING INTERNET SITES, CONTENT, AND USER CONTENT) AND THIRD-PARTY ADVERTISEMENTS ARE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
9.2. SUBJECT TO THE LIMITATIONS SET FORTH ABOVE, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY'S TOTAL LIABILITY TO YOU FOR CLAIMS ARISING FROM YOUR USE OF THE WEBSITE, CONTENT, OR SERVICE WILL BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.
9.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
You agree to indemnify and hold harmless the Company, its successors, subsidiaries, affiliates, related companies, suppliers, licensors, and partners, and each of their respective officers, directors, employees, agents, and representatives, from and against any claims or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (iii) your violation 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 us, and you agree to cooperate with our defense of these claims. You shall not settle any such claim without the Company's prior written consent. The Company will make reasonable efforts to notify you of any such claim.
The Company shall not be liable under any circumstances for breach of these Terms where such breach is caused by factors beyond the Company's reasonable control.
If you wish to send any notices under these Terms or if you have any questions regarding the Service, you can contact us through our email address.
I HAVE READ THESE TERMS AND AGREE TO ALL THE PROVISIONS ABOVE.