End User License Agreement (EULA)

1. Definitions

• "Application" refers to the Exam Relief mobile application, including all updates, upgrades, and related documentation.
• "Device" means a smartphone, tablet, or other mobile device on which the Application is intended to operate.
• "Content" includes all text, graphics, images, audio, code, and other materials in the Application.
• "User Data" refers to information you enter into the Application, including your name, preferences, progress data, and journal entries.

2. License Grant

2.1 Grant of License

Subject to the terms of this EULA, the Licensor grants you a limited, non-exclusive, non-transferable, revocable license to:

1. Download and install the Application on your personal Device(s);
2. Use the Application for your personal, non-commercial purposes;
3. Access and use the features and functionality of the Application as intended.

2.2 License Restrictions

You may NOT:

1. Copy, modify, adapt, or create derivative works of the Application;
2. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application;
3. Remove, alter, or obscure any proprietary notices, labels, or marks on the Application;
4. Rent, lease, lend, sell, sublicense, or otherwise transfer the Application to any third party;
5. Use the Application for any commercial purpose without prior written consent;
6. Use the Application to develop competing products or services;
7. Use the Application in any manner that violates applicable laws or regulations;
8. Use automated systems or software to extract data from the Application;
9. Distribute, publish, or make the Application available to third parties;
10. Use the Application in any way that could damage, disable, or impair its functionality.

2.3 Reservation of Rights

All rights not expressly granted to you in this EULA are reserved by the Licensor. The Licensor retains all ownership rights, title, and interest in and to the Application.

3. Intellectual Property

3.1 Ownership

The Application and all Content are owned by the Licensor and are protected by copyright, trademark, and other intellectual property laws of Turkey and international treaties.

3.2 Copyright

© 2024 Murat Meşe / Dongupsikoloji. All rights reserved.

3.3 Trademarks

"Exam Relief," the Exam Relief logo, and other related marks are trademarks of the Licensor. This EULA does not grant you any rights to use such trademarks.

3.4 Third-Party Components

The Application may include third-party software components subject to separate license terms. Such components are licensed to you under the terms of their respective licenses.

4. User Data and Privacy

4.1 Local Storage

All User Data is stored locally on your Device. The Licensor does not collect, store, or process User Data on external servers.

4.2 Data Responsibility

You are solely responsible for:

• The accuracy of User Data you enter;
• Backing up User Data if desired;
• Understanding that uninstalling the Application will permanently delete all User Data.

4.3 Privacy Policy

Your use of the Application is also governed by our Privacy Policy, available at https://dongupsikoloji.com or within the Application. The Privacy Policy is incorporated into this EULA by reference.

4.4 Third-Party Services

The Application uses Google AdMob for advertising purposes. Google AdMob may collect certain data as described in our Privacy Policy. By using the Application, you consent to such data collection.

5. Updates and Modifications

5.1 Application Updates

The Licensor may, from time to time, release updates to the Application. Updates may include:

• Bug fixes and error corrections;
• New features and functionality;
• Security improvements;
• Content updates.

5.2 Automatic Updates

Depending on your Device settings, updates may be installed automatically. You agree to accept such updates as part of your use of the Application.

5.3 Modification of Terms

The Licensor reserves the right to modify this EULA at any time. Continued use of the Application after any modifications constitutes acceptance of the modified terms.

6. Disclaimers

6.1 "As Is" Provision

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT;
• UNINTERRUPTED OR ERROR-FREE OPERATION.

6.2 No Medical Advice

THE APPLICATION IS FOR EDUCATIONAL AND SELF-HELP PURPOSES ONLY. IT IS NOT INTENDED TO:

• Provide medical advice, diagnosis, or treatment;
• Replace professional mental health services;
• Serve as crisis intervention or emergency services.

IF YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY, CONTACT EMERGENCY SERVICES IMMEDIATELY.

6.3 Results May Vary

The Licensor makes no guarantees regarding the effectiveness of any technique or exercise provided in the Application. Individual results may vary.

6.4 Third-Party Content

The Application may display advertisements from third parties. The Licensor is not responsible for the content, accuracy, or availability of third-party advertisements or linked websites.

7. Limitation of Liability

7.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR:

1. Any indirect, incidental, special, consequential, or punitive damages;
2. Loss of profits, revenue, data, or business opportunities;
3. Personal injury or property damage;
4. Any damages arising from:
   • Your use or inability to use the Application;
   • Unauthorized access to or alteration of your data;
   • Third-party content or conduct;
   • Any other matter relating to the Application.

7.2 Maximum Liability

THE LICENSOR'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION, IF ANY, OR FIFTY U.S. DOLLARS ($50), WHICHEVER IS LESS.

7.3 Essential Purpose

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the Licensor's liability shall be limited to the maximum extent permitted by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Licensor and its officers, directors, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

1. Your use of the Application;
2. Your violation of this EULA;
3. Your violation of any rights of a third party;
4. Any User Data or content you submit through the Application.

9. Term and Termination

9.1 Term

This EULA is effective from the date you first download, install, or use the Application and continues until terminated.

9.2 Termination by You

You may terminate this EULA at any time by:

• Deleting the Application from your Device(s);
• Ceasing all use of the Application.

9.3 Termination by Licensor

The Licensor may terminate this EULA immediately and without notice if:

• You breach any term of this EULA;
• The Licensor discontinues the Application;
• Required by law.

9.4 Effects of Termination

Upon termination:

1. All rights granted to you under this EULA cease immediately;
2. You must delete all copies of the Application from your Device(s);
3. Locally stored User Data remains on your Device unless you delete it;
4. Sections 3, 6, 7, 8, 10, and 11 shall survive termination.

10. Governing Law and Dispute Resolution

10.1 Governing Law

This EULA shall be governed by and construed in accordance with the laws of Turkey, without regard to its conflict of law principles.

10.2 Dispute Resolution

Any dispute arising out of or relating to this EULA shall be resolved as follows:

1. Informal Resolution: You agree to first contact the Licensor at dongupsikoloji@gmail.com to attempt to resolve any dispute informally.
2. Mediation: If informal resolution fails, the parties agree to attempt mediation before pursuing other remedies.
3. Jurisdiction: Any legal action or proceeding shall be brought exclusively in the courts of Turkey.

10.3 Waiver of Class Actions

YOU AGREE TO RESOLVE DISPUTES WITH THE LICENSOR ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.

11. General Provisions

11.1 Entire Agreement

This EULA, together with the Privacy Policy and Terms of Use, constitutes the entire agreement between you and the Licensor regarding the Application.

11.2 Severability

If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.3 Waiver

The failure of the Licensor to enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.

11.4 Assignment

You may not assign or transfer this EULA or any rights hereunder without the prior written consent of the Licensor. The Licensor may assign its rights and obligations under this EULA without restriction.

11.5 Notices

All notices to the Licensor should be sent to:

11.6 Language

This EULA is provided in English and Turkish. In case of any discrepancy, the version in the language you selected during installation or in your device settings shall prevail.

11.7 Headings

Section headings are for convenience only and shall not affect the interpretation of this EULA.

12. Apple App Store Additional Terms

If you downloaded the Application from the Apple App Store, you acknowledge and agree that:

1. This EULA is between you and the Licensor, not with Apple Inc. ("Apple");
2. Apple has no obligation to provide maintenance or support for the Application;
3. Apple is not responsible for any product warranties, whether express or implied;
4. Apple is not responsible for addressing any claims relating to the Application;
5. Apple is a third-party beneficiary of this EULA with the right to enforce it against you;
6. You must comply with applicable third-party terms when using the Application.

13. Google Play Store Additional Terms

If you downloaded the Application from the Google Play Store, you acknowledge and agree that:

1. This EULA is between you and the Licensor, not with Google LLC ("Google");
2. Google has no obligation to provide maintenance or support for the Application;
3. Google is not responsible for any product warranties or claims;
4. You must comply with the Google Play Store Terms of Service.

14. Contact Information

For questions, concerns, or support regarding this EULA or the Application:

15. Acknowledgment

BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT:

1. You have read and understood this EULA;
2. You agree to be bound by its terms and conditions;
3. You have the legal capacity to enter into this agreement;
4. If you are using the Application on behalf of a minor, you have obtained appropriate parental or guardian consent.