Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using Nuvia ("App"), you represent that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not accept these Terms, you have no right to use the App and must immediately cease all use.

2. Definitions

• "Developer": Ali Kemal Akpinar and/or authorized representatives
• "User" / "You": Any natural or legal person using the App
• "Services": All features, functions, and content provided through the App
• "Content": All text, graphics, images, audio, video, data, and other materials within the App

3. License and Right of Use

Subject to your compliance with these Terms, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the App for personal, non-commercial purposes. This license does not constitute a transfer of any ownership rights.

4. Usage Restrictions

The following actions are strictly prohibited:

• Using the App for illegal or unauthorized purposes
• Reverse engineering, decompiling, modifying, or creating derivative works from the App
• Bypassing, disabling, or interfering with the App's security mechanisms
• Copying, distributing, sublicensing, renting, lending, or selling the App
• Placing unreasonable load on or damaging the App infrastructure
• Accessing the App using automated tools, bots, or scrapers
• Interfering with or restricting other users' use of the App
• Transmitting viruses, malware, or harmful code
• Using the App to deceive any person or organization

5. Intellectual Property Rights

Nuvia and all related content, designs, logos, trademarks, graphics, user interfaces, source code, object code, databases, and "trade dress" are the exclusive property of Ali Kemal Akpinar and are protected by the laws of the Republic of Turkey and international copyright, trademark, and intellectual property laws. All rights are expressly reserved.

6. User Content

All content you submit, upload, or create through the App ("User Content") is your responsibility. By submitting User Content, you grant the Developer the right to use, store, and display such content for the purpose of providing the service. The Developer is not responsible for the accuracy, completeness, or quality of User Content.

7. Subscriptions and Payments

The App may offer free and/or premium features. When you purchase a paid subscription:

• Payments are processed through the Apple App Store or Google Play Store
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• Cancellation is done through your store settings
• Refund policy is subject to Apple's and Google's respective policies
• The Developer reserves the right to change prices with prior notice

8. Disclaimer of Warranties

THE APP AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE DEVELOPER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

The Developer does not warrant that:

• The App will operate without interruption, securely, or error-free
• Results will be accurate or reliable
• Defects will be corrected
• The App is free of viruses or harmful components

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA LOSS, BUSINESS INTERRUPTION, LOSS OF GOODWILL).

In any event, the Developer's total liability shall be limited to the total amount paid by the User for the App in the preceding 12 months, or $10 USD, whichever is less.

10. Indemnification

The User agrees to indemnify, defend, and hold harmless the Developer, its officers, employees, and representatives from and against all claims, actions, damages, losses, liabilities, and costs (including reasonable attorney fees) arising from or related to the User's breach of these Terms, unauthorized use of the App, or violation of any third-party rights.

11. Termination

The Developer may, for any reason or without cause, with or without prior notice, unilaterally suspend or terminate the User's access and license to the App. In the event of a breach of these Terms, your license shall terminate immediately and automatically. Upon termination, you must immediately cease using the App and remove all copies from your devices.

12. Dispute Resolution

Disputes arising from or related to these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved under the jurisdiction of Istanbul (Caglayan) Courts and Enforcement Offices.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to conflict of law provisions.

14. Force Majeure

The Developer shall not be held responsible for delays or failures in performance resulting from causes beyond its control (natural disasters, war, terrorism, pandemics, government actions, internet outages, technical failures, etc.).

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be enforced to the maximum extent possible and the remaining provisions shall continue in full force and effect.

16. Changes

The Developer reserves the right to modify these Terms at any time. Changes will be communicated through in-app notifications or on our website. Your continued use of the App after changes constitutes acceptance of the updated Terms.

17. Entire Agreement

These Terms constitute the entire agreement between the parties regarding the subject matter and supersede all prior oral or written agreements on the subject.

18. Contact

For questions about these Terms, please contact us at legal@alikemalakpinar.com.

Effective date: January 1, 2025