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Terms of Use

Mobilizer Yazılım ve Teknoloji Inc. is a private Incorporation, having its principal place of business at Üniversiteler mahallesi İhsan doğramacı bul.29/A Gümüş Bloklar A Blok, Kuluçkalar, Kat: Zemin, Daire: O-8 Çankaya/Ankara (“AppNava”, “we”, “us” or “our”) provides an analytics, data analysis, prediction and optimization SaaS (software-as-a-service), which enables the tracking, analysis and prediction of users’ activities on mobile applications (respectively the “Apps” and the “SaaS”). The SaaS is available to App developers and/or publishers (“Developer” or "Customer") through implementation of the AppNava API from AppNava’ website, at: https://appnava.com/ (the “Site”) following Developer’s acceptance of these AppNAva Terms and Conditions (the “Terms”) which hereby govern all access and use of the Site and of the AppNava API (the “Service”). Developer, Customers and any person accessing or visiting the Site is hereby referred to hereunder as “you” or “your”. By accessing, connecting or using any part of the Service, you represent and warrant that you have read and understood the following Terms and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service, and you acknowledge that these Terms constitute a binding and enforceable legal contract between you and AppNava. Please read these terms before using the services. If you do not agree to these terms, please do not sign in to, connect to, access or use the service in any manner whatsoever. Please note that the services are continuously undergoing development and testing of certain of its features and functionality and you may therefore experience occasional issues while using the services.

Products or Services

In terms of our Services, Our SaaS gets information regarding the activities (including spending) of users’ of your mobile application/game (the “End Users” and “End User Data”, accordingly). We will process and analyze the End User Data using our proprietary Machine Learning Algorithms to predict future behavior of users, improve game experience, increase monetization and tract result of predictions of End Users, manually or automatically in order to induce further actions by End Users. Our SaaS will generate analytic reports including graphs and statistics of the End User Data collected (the “Report”).

Account Information

In order to receive access to the SaaS, you must register to the Services and open an account (the “Account”). The Account will provide you with online access to all Reports, model development results, prediction application and related services, including the provision of manual optimization tools and data relating to real- time prediction and other End User activities. You may open an Account by completing the registration form located at https://appnava.com/ and providing a unique username and password. You must provide accurate and complete information when opening an Account and keep your Account information accurate and up-to- date. You will remain fully and solely responsible for maintaining confidentiality, and security of your Account, including Login Credentials and the Account activities. Any action, instruction or activity occurring through any such Login Credentials shall be deemed to be provided and/or taken by Developer, and the Developer shall be solely responsible for all activities occurring under such Login Credentials. You agree not to disclose your Login Credentials to any third party. If you forget your password, you can request to have a new password sent to your registered email address.You agree to immediately notify us of any unauthorized use or access of your Account and/or Login Credentials. We will not be liable for any losses or damages arising from any unauthorized use of your Account or Login Credentials, or other breach of security or any related damage or use, and you agrees to indemnify and hold AppNava harmless from any improper or illegal use of your Account or Login Credentials, and any resulting damage or loss, including by someone to whom you have given permission to use your Account and/or Login Credentials.

Third Party Services

Our Service may contain links to third party services or websites (”Third Party Sites”) that are not owned or controlled by us. We have no control over, and assume no responsibility for the availability, content, privacy policies, or practices of any Third Party Site and we do not endorse any Third Party Site or its services, content, advertisements, products or materials. In addition, we will not and cannot censor or edit the content of any Third Party Site. By using our Service, you expressly acknowledge and agree that we will not be responsible, directly or indirectly, for any damages, claims or other liability arising from or related to your use of any Third Party Site. Most Third Party Sites provide legal documents, including terms of use and privacy policy, governing the use of such sites and we recommend that you read such documents carefully before using those sites.

Payment

We may offer you the AppNava Service under various payment terms and payment methods, as listed and available on the Site. In consideration for the SaaS, you shall pay us the amounts set forth on the public Site. We may choose to make the AppNava Services available for no consideration for limited time or limited services. All Fees shall be non-cancellable and the sums paid non-refundable, unless otherwise agreed by AppNava and the Developer in writing. The Fees may be payable one-time in advance or by recurring monthly or other periodic payments, according to the applicable terms set forth in the Site. You may pay the Fees by electing one of the online payment methods displayed on the Site, such as Iyzico, PayPal, Apple App store, Google Play, Credit card, Bank transfer (“Online Payment Services”), which enable you to send and receive payment securely online using a credit card or bank account. You acknowledge and agree that, by using an Online Payment Service to make a payment: (i) we, or an Online Payment Service provider, may charge you via your designated method of payment for recurring charges, if and as applicable, for the purchase or subscription, and any other amounts (including any taxes and late fees, as applicable) that may accrue in connection with such purchase (as further specified below); and (ii) you will provide valid, accurate and up-to- date information regarding your payment method. AppNava is not affiliated with any of the Online Payment Services providers and has no control over, and assumes no responsibility for, the content, privacy policies or practices of the Online Payment Services. You will use the Online Payment Services at your own discretion and in compliance with the terms and policies of the respective Online Payment Service. You hereby agree to indemnify, and hold us harmless, from any liability, losses, damages, demands and claims that may arise or accrue against us as a result of your use of the Online Payment Service. You further agree to reimburse us for any costs and expenses incurred by us if we are required to commence any recovery action or proceedings against an Online Payment Service provider or if we are required to take any action as a result of you not having adequate funds in your account with your designated payment method. Any payment not made timely, in accordance with the payment terms displayed on the Site, shall accrue interest at a rate of two and a half percent (2.5%) per month, or the highest rate allowed by applicable law, whichever is lower. Without derogating from other remedies available to AppNava, AppNava shall be entitled to suspend and disconnect access to the SaaS in case of late payment of Fees which was not corrected within 10 days of AppNava notice thereof. All Fees are stated in US Dollars and payable in Turkish Liras, and are exclusive of VAT. You will bear and be responsible to pay all taxes related to or arising from your use and the provision of the Services, except for those taxes that AppNava is required to pay and which are based on AppNava income. In case you are required under tax law applicable to you to withhold any amounts from the Fees, such withholding shall not affect the payment due to AppNava, and you shall gross up the payment of fees hereunder in such manner that AppNava shall receive the Fees.

Data

Privacy. As above mentioned, our SaaS collect, and provide you with a tool to receive Reports and insights with respect to the End-Users’ activities on your mobile applications. You hereby warrant and represent that you have the full right and authority to permit us and our employees, contractors and agents (the “Representatives”) to collect, store, process and use End User Data for the purposes of performing under these Terms, and that the collection, storage and use of End User Data as contemplated under these Terms by us and/or our Representatives will not violate any applicable law, regulation or rules or breach any contractual agreement to which you are a party. You further warrant and represent that you are responsible for obtaining the necessary consents and permissions from the End-Users of your mobile application, including without limitation through your privacy policy and by making and providing the required disclosures and notices, to permit us and our Representatives to access, collect, store, process and use End User Data in accordance with these Terms. In compliance with this Section, you must disclose to the End Users of your mobile application, including via your privacy policy, the usage of a third party technology and service for data collection. Further, You hereby warrant and represent that except for the information required for us to provide the SaaS as further set forth in our Privacy Policy and the DPA (as defined below), you will not provide us with Personal Information about Your End-User's. For the purpose of this provision, the term "Personal Information" means information which is related to an identified individual, or to an individual who may be identified with reasonable effort in combination with other information. End User Data License. You hereby grant Game of Whales a non-exclusive, revocable, non-transferable, non-sublicensable, royalty-free license to store, upload, display, process, copy and otherwise use the End-User Data for the purpose of providing our Services; and (ii) an irrevocable, transferable, sub-licensable, non-exclusive, perpetual, royalty-free license to use any data derived from or based on the End User Data for our research, development and business purposes, provided such data does not contain Personal Information or does not identify you as the origin of such data, all in accordance with our Privacy Policy (as defined below). Exclusive Ownership. As between the Parties, you own and shall retain exclusive ownership of the End-User Data that will be stored on our Servers. Minors. You hereby warrant and undertake that as a Developer, if you appear to have actual knowledge that children under the age of 13 are using your App, as set forth in the COPPA Rule, 16 CFR 312, you must: (i) provide clear notice of your data processing and collection practices to such children’s legal guardian, and obtain verifiable parental consent thereof prior to such collection, processing, use, transfer or disclosure of personal information related to children, including prior to provision of such personal information to us; and (ii) obtain a COPPA Safe Harbor compliance certificate from a Safe Harbor Program approved by the Federal Trade Commission. Your failure to do so will be deemed as a violation of the Terms of Use.

Online Privacy Policy

Mobilizer Yazılım ve Teknoloji Inc. is a private Incorporation, having its principal place of business at Mustafa Kemal Mah. Dumlupınar Blv. No:280 G/1260 Çankaya/Ankara (“AppNava”, “we”, “us” or “our”) provides an analytics, data analysis, prediction and optimization SaaS (software-as-a-service), which enables the tracking, analysis and prediction of users’ activities on mobile applications (respectively the “Apps” and the “SaaS”). The SaaS is available to App developers and/or publishers (“Developer” or "Customer") through implementation of the AppNava API from AppNava’ website, at: https://appnava.com/ (the “Site”). AppNava is fully committed to protect the privacy of visitors to our Site (the “Visitors”) and/or of our Customers, along with the privacy of their Apps’ users (“End User”), in compliance with applicable privacy and personal data laws and regulations. Customer, Visitors and End Users are hereby referred to hereunder as “you” or “your”. We take extra care in protecting the personal information that Customers and Visitors share with us in connection with their use of the SaaS and the Site , including information concerning our Customers Apps’ End Users (the "Services"). This Privacy Policy (the “Privacy Policy”) is intended to describe our practices regarding the information we may collect from you or to which we may have access, when you use or interact with the Services, and the manner in which we may use such information, and the choices and rights available to you. With respect to End User Data (as defined below), AppNava will act as a data Processor on behalf of the Customer, and Customer shall act as a data Controller. This Privacy Policy supplements, and should be read in conjunction with our Terms of Use available at https://appnava.com/, which provides additional information on the Services. We reserve the right to change the Privacy Policy. If we decide to make a material change to the Privacy Policy, we will post a notice at least thirty days prior to making any material changes. Your continued use of this Site, including use after the posting of any changes to these terms will be deemed acceptance by you of the Privacy Policy. You will find information on the following topics within this Privacy Policy:

• Collected Information Policy
• Cookies
• Third-Party Policy
• Opt-Out and Update Policy

Collection Information Policy

Anonymous Information

You can visit the Site to read information about our company, products, and services without telling us who you are and without revealing any personal information. To improve the usefulness of our site, AppNava measures and analyzes non-identifying, usage, and volume statistical information from Site visitors in order to administer our Site, and to constantly improve the quality of our service and site performance. Information gathered may include, but is not limited to, the following: the activity of the Site visitor's browser when the visitor is viewing the Site; the site path of visitors; and the time visitors come to the Site. AppNava reserves the right to publish anonymous, aggregate summary information regarding its Site visitors for promotional purposes and as a representative audience for advertisers. Please note that this is not personal information, only general summaries of our visitors' usage of the Site.

Personal Information

Personal information refers to individually identifiable information, namely information that identifies an individual or may with reasonable efforts or together with additional information we have access to, enable the identification of an individual, or may be of private or sensitive nature information relating to an identified or identifiable natural person. Identification of an individual also includes association of such individual with a persistent identifier such as a name, an identification number, persistent cookie identifier etc. Personal information does not include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person. Personal information Customers and/or Visitors provide us actively and voluntarily when they use or interacts with our Services. You are asked to provide contact information such as Customers and/or Visitors name, company number, signing person name and position, email and physical addresses, and telephone number, all when such Customers and/or Visitors fill our online form or register for an account with us or when they update their accounts details. At registration Customers also provide us with a list of Apps in which they would like to implement AppNava API. Additionally, we collect and use the following categories and types of information in the following respective circumstances: The contents of Customers and/or Visitors interaction with our customer support which may include text recording and transcripts of such communications. Financial information (such as credit card or bank account numbers), which is processed by our third party services providers as further detailed below and to which we have no access. Information we are required or authorized by applicable national laws to require Customers and/or Visitors to provide us in order to authenticate or identify them or to verify the information we have collected or otherwise provide them with our Services. Computer, device, browser or Application identifier. For example, IP address, user agent, IDFA (identifier for advertisers), Android ID (in Android devices); Google Advertiser ID, unique user ID and other similar unique identifiers. Information related to a mobile device or computer, such as: browser type, device type and model, operating system (iOS/Android etc.), system language, OS version, Wi-Fi status, time stamp and zone, device motion parameters and carrier. Other information collected from End-Users when they use the App such as: The dates and times in which End-Users launch the applicable App, its usage duration and frequency, End Users’ in-App purchases (IAP), End-User events, pre-defined by the applicable Customer. End-Users’ interaction with the App, including clicks and views, and in certain cases about End-Users’ impressions of and reactions to advertisements and other information that is being communicated to the End-Users by the Customer through the App. End Users’ interaction with the applicable App, such as: Device ID or unique identifier, device type, ID for advertising, operating system, IP address, time zone, and location information from End-Users' mobile device or as can be derived from their IP addresses. Importantly, End User Data does not generally contain any information that directly identifies an individual, such as names, addresses, credit cards or other similarly regulated financial information, or any other type of sensitive personal information, we acknowledge that under certain jurisdictions the End User Data we do receive when a Customer uses the Services may be deemed personal data as it is associated with a technical identifier, and therefore, where applicable, will be treated as such. If you are a customer, you may only provide us personal information related to end users or allow us access in accordance with this privacy policy, only with such end users’ express authorization and consent and refrain from providing us with any other personal information associated with end users.

Purpose of Information Use and Disclosure

AppNava uses the information that we collect on the Site to contact you to further discuss your interest in our company, our services, and to send information regarding our company, such as marketing promotions and events. This information may also be used to improve the services we provide you. The information is collected and stored in a manner that is appropriate for the nature of the data that we collect, and the need to fulfill your request. This information is not provided to third parties for their own use, unless specifically authorized by you. Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law, or in order to comply with a current judicial proceeding, a court order, or legal process served on the Site. As mentioned above, we have no direct relationship with the individual End-Users, therefore, it is the Customers’ responsibility to ensure that all personal information of End User received or accessed by AppNava pursuant to Customers’ access to the SaaS is being provided to AppNava on the above legal basis for processing which in any event shall include the basis of consent pursuant to which Customer shall obtain express consents and permissions from its End-Users of its App, for the collection and processing of their personal information as set forth hereunder. We may use personal information that we collect about End Users solely for the purposes

• To send Customers and visitors, updates, notices, notifications, announcements, and additional information related to the Services
• To store and process End-User Data for the preparation and delivery of our Services, including compiled analytics Reports and Prediction to our Customers
• To provide Customers with analysis and statistical predictions regarding End Users’ application habits and preferences
• To create segmentation and cluster between users' sessions within the Services
• To be able to manage our Customers account and provide our Customers with customer support and technical assistance
• To provide our Customers with the SaaS
• To display or send to Customers and Visitors marketing and advertising material and general and personalized content and advertisement via the Services, email, postal mail, telephone, mobile applications and/or when you visit other sites, and to track and analyze the effectiveness and relevance of such material
• To create cumulative statistical data and other cumulative information and/or other conclusive information that is non-personal, in which we might make use, in order to operate and improve our Services
• To verify your eligibility and deliver prizes in connection with promotions and referral programs we may hold from time to time
• To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities, including any breaches of this Privacy Policy

Personal information regarding the Customers, End-Users and Visitors will be maintained, processed and stored by us and our authorized affiliates and service providers in Turkey, European Union and as necessary, in other territories in secure cloud storage, provided by our third party service provider. You hereby accept the transfer and storage of information as described above.

Data Retention

We may retain your personal information for as long as legitimately and to the extent required, for the achievement of the purposes listed under Section ‎4, including without limitation, as reasonably necessary to comply with our legal obligations and/or protect our legitimate interests. We then either delete such personal information from our systems or anonymize it without further notice to you.

Third Party Policy

The Site may from time to time contain links to other websites. AppNava is not responsible for the privacy practices or the content of these other websites. Customers and/or visitors should check the privacy policy statement of these other websites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential. Third parties may advertise on our Site. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website. They may also use other technology to personalise the content of, and to measure the performance of their adverts. We do not have control over these technologies or the data that these parties obtain. Accordingly, this Privacy Policy does not cover the information practices of these third parties.

Opt-Out and Update Policy

By providing us with your email address or any other contact information Customers and Visitors hereby agree that AppNava may use your contact details for the purpose of informing you of our events, products and services offered by us and to send you newsletters or marketing materials. AppNava offers its Site visitors a means for controlling the use of session information. If, at any time after registering for information, you change your mind about receiving receipt of information from us, or about the use of information volunteered by you, if you no longer wish to receive emails from us, you may withdraw your consent by sending a written notice to AppNava by email to the following address: info@appnava.com or by opting out by clicking “unsubscribe”. Please note that we may notify you (through any of the means available to us) of changes or updates to our Services, payment issues, service maintenance, etc., and you will not be able to opt-out of receiving such service messages.

Contact Us

If you have questions, concerns, or suggestions regarding our Privacy Policy, we can be reached by email to the following address: info@appnava.com.