General Terms and Conditions of Use

Thank you for using MobiRoller Services (“Services”). The Terms of Use (“Terms”) includes the terms of the services offered to you by MobiRoller and its subsidiaries and explains how to access and use the Services.

By clicking or tapping a button that shows that you have agreed to this Agreement, by putting a document about this Agreement into force or by using the Services you are indicating that you agree to this Agreement.

If you are using the Services in the name of an organization, you accept these Terms under the name of that organization and declare that you have the authority to do so. In such a situation, “you” and “your” refers to the organization.

1. Descriptions

The parties declare that they are in agreement about the following definition of terms by accepting this Agreement:

“MobiRoller”: Is the editor of www.mobiroller.com and its subsites and is also the provider of the Services mentioned in this agreement.

“Service”: Covers the tools and support provided by MobiRoller (paid or free) used mainly to create mobile applications for smart devices.

“Mobile Application”: Service created by the customer using MobiRoller to be downloaded from AppStore, GooglePlay, and their derivatives or any internet environment, and opened to public use.

“Customer”: Any organization or real person accepting this present agreement.

“User”: Any real person who has the right to access Services and Mobile Application provided by MobiRoller through its account, and who is under the responsibility of the Customer.

“Subscription”: Is the online registration to offered services.

“Content”: Files (text, image, audio, video, etc.) and information under the responsibility of the Customer and kept in the servers operated by MobiRoller or a sub-provider.

2. Service

(a) MobiRoller provides an online service that allows its Customers to create Mobile Applications and Publish these Mobile Applications in related Application Marketplaces. This Service includes the features that allow Users to update the Mobile Application and related Content.

(b) Mobile Applications must satisfy the conditions of relevant Application Marketplaces as well as MobiRoller’s prerequisite conditions. The time required for a Mobile Application to be published may vary from Market to Market. Markets may reject or un-publish Mobile Applications that violate their general terms and conditions and do not meet the minimum technical requirements. MobiRoller shall not be held responsible for such an event.

(c) MobiRoller does not issue a special optimization or compatibility guarantee for any internet browser or operating system. MobiRoller does not also issue a compatibility guarantee with an updated web browser or operating system.

(d) Number, type, and accessibility features of the functions and features provided in the Service may change according to the selected plan. You may find the detailed explanation of the plans at https://www.mobiroller.com/pricing.

(e) Service does not include training for the Customer to use the provided tools. Customer shall have the minimum technical capabilities to use the Service.

(f) MobiRoller reserve the right to make any new additions to or subtractions from a plan. Changes made -unless indicated otherwise- shall be announced here.

(g) Use of the Service requires the Customer/User to have an internet connection, and suitable hardware, the cost of which are independent of the MobiRoller Service.

(h) Costs of Application Market accounts that are required to create Mobile Applications with MobiRoller belong to the Customer.

(i) As part of this Service, MobiRoller may send some information bulletins, e-mail, etc. to users who use the Service.

WARNING: E-mail services such as Hotmail, Yahoo! And Gmail has spam filters and may block important e-mails (service renewal reminder, maintenance notices, etc.) coming from MobiRoller. Please update your subscription information by taking this situation into account.

3. Fees and Payment

3.1. Fees for Services.
You agree to pay all fees (including any overage charges) to MobiRoller for each Service that you have purchased or used by the pricing and payment terms. Where applicable, you will be billed according to the billing method you have chosen from your account management page. All fees paid by you, otherwise stated in these Terms or unless it is legally required, are non-refundable.

3.2. Subscriptions.
Some of our Services are billed according to subscriptions (from now on referred to as “Subscriptions”). This means that you will be charged in a periodically repeating manner (each period is called a “billing period”). Billing periods are monthly or annual, based on which subscription plan you choose while purchasing a Subscription. Your subscription shall be automatically renewed after each billing period unless you cancel the automatic renewal from your online account management page or contact our customer support service. Although it saddens us to see you leave, you can cancel the automatic Subscription renewal any time you want; in such an event, your subscription will continue before cancellation until the end of that billing period. If you do not wish to renew the automatic renewal on your Subscription, you can turn it off as soon as your Subscription starts.

3.3. Taxes.
Unless otherwise stated, you shall be responsible for all taxes (except for the income tax of MobiRoller) and legal fees related to the sales of the Services, including all related fines and interests (from now on collectively referred to as “Taxes”). You shall make payments to MobiRoller for the Services without any tax deductions. If MobiRoller enters the obligation to collect or pay Taxes, unless you provide MobiRoller a valid tax exemption certificate obtained from the appropriate taxing authority, a tax number obtained from an appropriate tax office, or any other document stating that no taxes shall be accrued, Taxes shall be billed to you. If laws require you to withhold some Taxes from the payments you make to MobiRoller, you have to provide an official tax receipt or another appropriate document that supports the payments in question to MobiRoller.

3.4. Price Changes.
MobiRoller can make changes on the prices of Services at any time, provided that for Services billed on a subscription basis, the changes shall be in effect only for the current billing period of your subscription. MobiRoller shall make a written notification to you regarding any change in prices, at a reasonable time before the changes go into effect, to give you time to cancel your renewal before the changes go into effect.

3.5. Overage Charges.
Unless otherwise stated, all kinds of overage charges incurred in your name shall be billed on a monthly basis with a delay. Overage charges not paid within 30 days after billing are deemed overdue. Overdue overage charges not being paid may result in the restriction, suspension or termination of the valid Service (by applicable legal requirements), and your data related to the Service in question may be lost.

4. Confidentiality

4.1. Confidentiality
During your use of Services, you may provide content to MobiRoller (including your information and information belonging to others), or third parties may provide contents to you over the Service (your “Content”). When you provide your Content to us, we know that you trust us that we will treat it right. MobiRoller’s Privacy Policy provides in detail any service-specific data use policies, privacy statement and privacy policy (collectively, “privacy policies”) and how your personal and your Content are treated, and we agree to adhere to these privacy policies strictly. You agree that MobiRoller shall use and share your Content by our privacy policies as well.

4.2. Confidentiality
MobiRoller will treat your Content as confidential and only use it and announce it according to these Terms (including our privacy policies). However, Content belonging to you is not considered confidential under the following conditions:
(a) if it is open to the public or disclosed to the public (except done by MobiRoller while in violation of these Terms);
(b) legally known by MobiRoller before taken from you;
(c) when obtained by MobiRoller from a third party without knowing that it is in violation of any obligation to you; or
(d) independently developed by MobiRoller without referencing your Content.

5. Your Content

5.1. Ownership of your content remains with you.
Ownership of all intellectual property rights to your content remains with you. MobiRoller does not request any form of ownership over your Content. These Terms do not provide us with any license or right to Your Content, except for limited rights required to provide the Services to you and others specified in these Terms.

5.2. Limited License to Your Content.
You grant a royalty-free license to MobiRoller for the use, reproduction, distribution, modification, adaptation, the creation of derivative works, public disclosure and use in other ways of Your Content, used only to provide you with the Services and to be used for other limited circumstances allowed by privacy policies. This license granted for limited circumstances in question shall continue after you stop using the Services, even though you may delete your Content in the way MobiRoller can not access it. This license covers all trusted third parties that we work together with to the extent necessary to provide you with the Services. If you provide feedback to MobiRoller about the Services, MobiRoller may use this feedback without any obligation to you.

5.3. Other Copyright Claims.
MobiRoller is respectful towards copyrights of others, and we expect our users to act the same way. If you think that a MobiRoller user is violating your copyright, you may report this to us.

6. Copyrights

6.1. MobiRoller Copyrights.
Neither these Terms nor using the Services grant you ownership over Services or content you access through the Services (except for Your Content). Except for those allowed by MobiRoller, these Terms do not grant you the right to use MobiRoller’s commercial brands or other brand elements.

7. User Content

7.1. User Content
Services show content provided by other people and that does not belong to MobiRoller. This type of content is under the responsibility of the organization that offers it for use. Parallel to this, you are responsible for Your Content, and you must be sure that you have all the rights and permits to use said Content with relation to the Services. MobiRoller is not responsible for any and all action you take, including disclosure to the public, with the Content belonging to you. Please do not use the content in the Services without getting the permission of the owner first or unless laws allow it.

7.2. Reviewing the Content You acknowledge and agree that, to ensure compliance with legal obligations, MobiRoller may be asked to review a certain content provided to the services to determine whether it is legal or not or in violation if these Terms (for example, when an illegal content is reported to us). Moreover, we can change the content you believe violates the law or these Terms, block access, delete, or reject its display. However, MobiRoller does not have any other obligations to monitor or review any content submitted to the Services.

7.3. Third Party Resources
MobiRoller may publish links to the Services to Internet websites operated by third parties. MobiRoller does not state that it reviews the third-party websites in question, and is not responsible for these or the content that appears in them. Trademarks shown in conjunction with the service are the property of their respective owners.

7.4 Legal Content: Examples of prohibited content posted via the Services are listed below. MobiRoller, in its sole discretion; has the right to take action, including (but not limited to) removing objectionable Content, terminating the Subscription of the Customer that makes this violation and reporting this Content to Law executing authorities.

By the law, prohibited content covers the following:

Harmful contents that prevent the healthy provision of the Service,
Contents that help or promote racism, fanaticism or hatred against a group or individual or promote physical harm in any way,
Contents violating personal rights and personal privacy of another person,
Contents that request illegal information or designed to obtain such information,
Contents that openly publish information that creates a privacy or security risk to a person,
Contents that promote illegal or unauthorized copy of copyrighted work of another person or organization,
Content providing educational information for illegal activities including but not limited to supporting a criminal action or initiative, or construction and purchase of illegal weapons, supporting and promoting the use of narcotics, violation of a person’s privacy, or contents spreading or generating computer viruses,
Child pornography or other illegal erotic content or content related to these,
Contents that request password or personal identification information from other Users for commercial or illegal purposes, or contents designed to retrieve such information,

8. Account Management

8.1. Keep your password safe
If you are given an account by MobiRoller concerning you using the Services, it is your responsibility to keep that password to access that account and other access information safe. With authorization or not, Customer and not MobiRoller is responsible for all applications within the Customer’s Corporate Accounts (except for those that are carried out outside the customer’s instructions that MobiRollers is directly responsible). If you notice unauthorized access to your accent, you need to report this to MobiRoller immediately. Accounts can not be shared, and each account may only be used by one person.

8.2. Keep your details correct
MobiRoller occasionally sends notifications to the e-mail registered in your account. You must keep your e-mail address, and where possible, communication details linked to your account and payment details correct and current. Accounts are controlled by the organization with the e-mail address registered in the account.

8.3. Don’t forget to backup
You are responsible for keeping your content, protecting them and taking backups. MobiRoller is not responsible, to the extent permitted by applicable law, for failure to store your content or loss or corruption of your content.

8.4. Account Inactivity
If there is no account activity for over 12 months (such as login or payment), MobiRoller may terminate your account and delete all content within. However, before terminating your account, we will try and send you an e-mail notifying you to login to keep your account active.

9. User Requirements

9.1. Legal Context.
If you are an individual, you can only use the Services if you have the authority to make an agreement with MobiRoller. None of the Services are for the use of individuals younger than 13. If you are older than 13 but younger than 18 and do not have the authority to make an agreement with MobiRoller, you can not use the services. We recommend any and all kinds of uses of the Services by minors to be directly monitored by parents and guardians. If you are not an individual, you guarantee that validly established in your judicial area and you are maintaining your presence, and additionally, you duly authorized your representative in such a way that these Terms bind you.

10. Acceptable Uses

10.1. Legal Compliance. You must use the Services only under applicable law and in a way that is allowed by law.

10.2. Your Responsibilities. You are responsible for your behavior, Content, and communication with others while using the Services. Using the service, you must comply with the following requirements:

(a) You can not use our Services incorrectly by interfering with their normal functioning or in an attempt to access them by using a method other than the interfaces or instructions provided by us.

(b) You can not avoid or try to avoid any and all restrictions put on your account by MobiRoller.

(c) Unless authorized in writing by MobiRoller, you can not analyze in depth, scan or test the weakness of any MobiRoller system or network.

(d) Unless permitted by applicable laws, you can not deny others’ access to Services, or you can not reverse engineer or attempt to do so.

(e) All kinds of viruses, malware or other types of malicious software or links to the software in question will not be transmitted through the Service.

(f) You can not use the Services maliciously or excessively, i.e. in such a way is significantly above average usage standards that negatively affects speed, responsiveness, stability, the availability or functionality of the Services during use by others. MobiRoller will try to send you all notifications related to malicious or excessive usage to allow you to lower such use to a level acceptable to MobiRoller.

(g) You can not use the Services in violation of others’ property rights or to make illegal actions.

(h) You can not re-sell or rent the Services unless authorized in writing by Mobiroller.

(i) If your use of the Services requires you to comply with specific regulations that apply to the industrial use, unless MobiRoller is in agreement with you otherwise, you shall be exclusively responsible for said compliant behavior. Without the prior written consent from MobiRoller, you can not use the Services in such a way that MobiRoller is subject to special regulations of that industry. You can not perform any data gathering process restricted by law over MobiRoller. If you do, you assume full responsibility.

11. Suspension and Termination of Services

11.1. By You. If you terminate a Subscription in the middle of a billing period, you shall not receive a refund for the Services you did not use within the billing period in question. Unless you make the termination because we violate the Agreement and you notify us in writing, or unless a refund is required by law.

11.2. By MobiRoller. If you do not comply with these Terms (such as not paying overdue fees), or if you use the Services in a way that brings a legal obligation to MobiRoller or interfere with the use of the Services by others, MobiRoller may limit, suspend or stop the services. If we are investigating a suspicious misconduct of yours, MobiRoller may suspend to provide the Services to you. If we suspend or terminate the Services you are receiving, we shall try to allow you to take a copy of your Content within the Services, and make a prior notification. However, there may be sensitive situations where MobiRoller may take a decision that requires us to take emergency measures without notice. MobiRoller has no obligation to take back your content upon termination of the current Service.

11.3. Other measures. In case MobiRoller ceases to provide the Services to you due to your continuous or overt breach of these Terms, MobiRoller may take other measures to prevent you from using the Services, including blocking your IP address.

12. Amendments and Updates

12.1. Changes in Terms. MobiRoller may change these Terms any time for various reasons such as reflecting the changes in the legislation in force and Service updates and explaining new Services or features. All amendments will be visible under these Terms. Also, MobiRoller may make the notification for amendments in its blog and through e-mail. Amendments shall enter into force no later than the day it was announced to the public. To ensure the enactment of certain amendments, applicable laws may require MobiRoller to get your consent for such amendments or notify you in advance. If you do not wish to accept any of the amendments made regarding a Service, you should stop using the Service. Because, by continuing to use the Services, you are indicating that you agree to be bound by the amended conditions.

12.2. Changes in Services. MobiRoller continuously changes and improves the Services. MobiRoller may make an addition to a feature, change or remove the feature from a Service without prior notice. Also, MobiRoller, with its sole discretion, may limit, suspend or terminate a service. If MobiRoller terminates a Service, we shall try to allow you to take a copy of your Content within the Services, and make a prior notification. Although it shall try to notify you in advance in cases where it is possible under the conditions of the setting, and you are financially impacted, MobiRoller, with its sole discretion, may remove content from the Services.

13. The Disclaimer and Limitation of Liability

13.1. Disclaimer. Although it is beneficial for MobiRoller to provide a grand experience to you while using the Services (and though we love to satisfy our customers), we are not making any commitments about certain things about them. We are trying to protect the Online Services. However, these may occasionally be unusable due to various reasons. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND TO THE EXTENT ALLOWED BY LAW, THE SERVICES ARE PROVIDED “AS IS” it IS PROVIDED, AND MOBIROLLER DOES NOT MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, OR REQUIRED BY LAW, ABOUT THE AVAILABILITY, RELIABILITY OR ACCURACY OF SERVICES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13.2. Exemption of Certain Obligations. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBIROLLER AND ITS SUBSIDIARIES, AGENTS, SUPPLIERS, AND LICENSORS ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING IN CONNECTION WITH THESE SERVICES AND TERMS, INCLUDING LOSS OF PROFIT, LOSS OF USE, LOSS OF DATA, EVEN IN THE CASE IT IS BASED ON THE AGREEMENT, INJUSTICE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND MOBIROLLER HAS BEEN NOTIFIED THAT SUCH DAMAGES ARE POSSIBLE AND FAIL TO CARRY OUT THE ESSENTIAL PURPOSE OF A SOLUTION.

13.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOTAL LIABILITY OF MOBİROLLER, ITS AFFILIATES, OFFICERS, EMPLOYEES, DEALERS, PROVIDERS AND LICENSORS ARISING FROM THE SERVICES AND THESE TERMS SHALL NOT EXCEED THE HIGHEST OF THE FOLLOWING: (A) AMOUNTS PAID BY YOU TO MOBIROLLER FOR THE USE OF THESE SERVICES FOR 3 MONTHS PRIOR TO THE EVENT CAUSING THE LIABILITY; AN (B) 25,00 USD

13.4. Consumers. We know and agree that laws in certain legal jurisdictions give legal right to consumers that can not be invalidated by the Agreement or can not be waived by the consumers. If you are such a consumer, nothing in these Terms limit your such consumer rights.

13.5. Companies. If you are a Company, against any liability, loss, and cost (including settlement costs and reasonable attorneys’ fees) arising from the claims of a third party related to your use of the Services or your violation of these Terms, provided you have caused those obligations, damages, and costs, you shall indemnify, defend MobiRoller and its affiliates, officers, agents and employees, and ensure that they will not be damaged by these.

 

14. Contracting Authority

14.1.With Who are you making a contract? Unless otherwise stated regarding a certain Service, the provider of the Services and the person you are entering a contract with is MobiRoller Yazılım Bilişim Dan. San. ve Tic. A.Ş.

14.2. The following provisions for all Services provided by MobiRoller Yazılım Bilişim Dan. San. ve Tic. A.Ş. MobiRoller also applies to conditions governing the Service:

Contracting Authority. References made to the terms “MobiRoller,” “us,” “our” and “ours” are references made to MobiRoller Yazılım Bilişim Dan. San. ve Tic. A.Ş. resident at the address Antalya Teknokenti Uluğbey Arge Binası No:3A/106 Hürriyet Cad. Konyaaltı, Antalya, Türkiye.

Governing Law and Jurisdiction. MobiRoller Services are following the laws of the Republic of Turkey. Even though the Services can be accessed from out of Turkey, Services are provided only for use by residents in Turkey. Other countries may have different laws, regulations, and practices than in Turkey. These Terms of Use and your use of the Service is subject to the laws of the Republic of Turkey.

In the resolution of conflicts related to this Service, Antalya (Central) Courts and Enforcement Offices in the Republic of Turkey shall be exclusively competent.

15. Other Provisions

Transfer. Without a prior written notice from MobiRoller, with its sole discretion, you can not transfer these Terms. MobiRoller can change these Terms without making a written notice to you.

The entirety of the Agreement. These Terms (including Additional Terms) form the entirety of the agreement between you and MobiRoller and replaces all prior, simultaneous agreements, provisions, and conditions, written and oral, related to its subject. Any and all provisions and conditions of a purchase order created by you or a similar document do not apply to the Services, do not replace or constitute part of these Terms, and they are void.

Independent Contractors. The relationship between you and MobiRoller is the relationship of independent contractors; they are not legal partners, employees or dealers of each other.

Interpretation. “Includes,” “included,” “like” and the use of similar terms are presumed not to limit others that may be covered.

Waiver. Failure to fulfill or delaying a provision of these Conditions by any of the parties do not constitute a waiver of doing it later.

Precedence. If there is any contradiction, Additional Terms replace these Terms of Use concerning Services that the Additional Terms are valid for.

Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, it shall be separated from the other provisions, and the remaining provisions will remain in full force.

Third Party Beneficiaries. There are no third-party beneficiaries of these Terms.

16. Special Provisions

16.1. Language. These Terms are prepared and written in Turkish. In the case of any translation that is in conflict with the Turkish version, except where prohibited by applicable law, the Turkish version of the provision is valid.