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.

Scale your game with AppNava.