Terms and Conditions
By downloading or using the Voi App (Voi App), these terms and conditions (Terms and
Conditions) will automatically apply to you you should make sure therefore that you read
them carefully before using the Voi App. Voi App provides services to generate and share
with other users visual content through the use of its AI algorithm based on the texts and
images inserted by you and the art styles provided by Voi App (Services). This Terms and
Conditions only grants you the right to use the Voi App to benefit from Services within the
scope defined herein. You’re not allowed to copy, or modify the Voi App, any part of the Voi
App, or our trademarks in any way. You’re not allowed to attempt to extract the source code
of the Voi App, and you also should not try to translate the Voi App into other languages, or
make derivative versions. The Voi App itself, and all the trademarks, copyright, database
rights and other intellectual property rights related to it, still belong to Codeway Dijital
Hizmetler Anonim Sirketi (Codeway).
Codeway is committed to ensuring that the Voi App is as useful and efficient as possible. For
that reason, we reserve the right to make changes to the Voi App or to charge for its
services, at any time and for any reason. We will never charge you for the Voi App or its
Codeway Services without making it very clear to you exactly what you’re paying for.
The Voi App stores and processes personal data that you have provided to us, in order to
provide our Service. It’s your responsibility to keep your phone and access to the Voi App
secure. We therefore recommend that you do not jailbreak or root your phone, which is the
process of removing software restrictions and limitations imposed by the official operating
system of your device. It could make your phone vulnerable to malware/viruses/malicious
programs, compromise your phone’s security features and it could mean that the Voi App
won’t work properly or at all.
You should be aware that there are certain things that Codeway will not take responsibility
for. Certain functions of the Voi App will require the Voi App to have an active internet
connection. The connection can be Wi-Fi, or provided by your mobile network provider, but
Codeway cannot take responsibility for the Voi App not working at full functionality if you don’t
have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the Voi App outside of an area with Wi-Fi, you should remember that your
terms of the agreement with your mobile network provider will still apply. As a result, you may
be charged by your mobile provider for the cost of data for the duration of the connection
while accessing the Voi App, or other third party charges. In using the Voi App, you’re
accepting responsibility for any such charges, including roaming data charges if you use the
Voi App outside of your home territory (i.e. region or country) without turning off data
roaming. If you are not the bill payer for the device on which you’re using the Voi App, please
be aware that we assume that you have received permission from the bill payer for using the
Voi App.
Along the same lines, Codeway cannot always take responsibility for the way you use the Voi
App i.e. You need to make sure that your device stays charged if it runs out of battery and
you can’t turn it on to avail the Codeway Service, Codeway cannot accept responsibility.
With respect to Codeway’s responsibility for your use of the Voi App, when you’re using the
Voi App, it’s important to bear in mind that although we endeavor to ensure that it is updated
and correct at all times, we do rely on third parties to provide information to us so that we can
make it available to you. Codeway accepts no liability for any loss, direct or indirect, you
experience as a result of relying wholly on this functionality of the Voi App.
At some point, we may wish to update the Voi App. The Voi App is currently available on iOS
and Android the requirements for system (and for any additional systems we decide to
extend the availability of the app to) may change, and you will need to download the updates
if you want to keep using the Voi App. Codeway does not promise that it will always update
the Voi App so that it is relevant to you and/or works with the iOS or Android version that you
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have installed on your device. However, you promise to always accept updates to the
application when offered to you. We may also wish to stop providing the Voi App, and may
terminate use of it at any time without giving notice of termination to you. Unless we tell you
otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will
end; (b) you must stop using the Voi App, and (if needed) delete it from your device.
Changes to This Terms and Conditions
We may unilaterally amend and update our Terms and Conditions from time to time. Thus,
you are advised to review this page periodically for any changes. We will notify you of any
changes by posting the new Terms and Conditions on this page. These amendments shall be
effective on the date when they are published. The User is obliged to follow these
amendments and updates and shall be deemed to have agreed with these amendments in
case the User confirms these amendments and continues to use the Voi App following the
publication.
The User acknowledges that it cannot gain a title and/or status of Codeway’s representative,
authorized person, agent, commercial representative, stakeholder, solution or business
partner, dealer etc. by concluding this Agreement; therefore, the User shall not be able to
disclose a notification to be interpreted as such in any documents, brochures and
advertisements to be arranged by and between third parties, on its website or in its
references.
These Terms and Conditions are effective as of 18 May 2022.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to
contact us at via support@codeway.co.
CODEWAY END-USER LICENSE AGREEMENT
These terms and conditions legally create an agreement between you, as the User, and
Codeway. Please read all terms and conditions and further Codeway Service scope
carefully. By continuing you agree with our terms as set out under this Terms and Conditions,
including the Codeway End-User License Agreement and Privacy Policy.
1. TERMS OF USE
1. Codeway, a Turkish corporation located in İstanbul/Turkey, is pleased to provide you
the Voi App, as the user (User), its branded mobile applications and any and all
related documentation (each, an Codeway App and collectively the Codeway
Apps”) a list of which is available at the Apple App Store and/or Google Play. You
hereby agree to be bound by these terms of service any time you use or access Voi
App. These terms and conditions are set forth by Codeway for any of its products or
services located in the Apple App Store and/or Google Play and/or any other online
platform (each a Codeway Service and collectively the Codeway Services”),
excluding any provision specifically referring to Voi App. Your use of the Codeway
Services is subject to your acceptance and compliance with these terms. Use or
using means hereby to access, install, download, copy, in-app purchasing or
otherwise benefit from using the functionality of the Codeway Apps as per with the
documentation. Please read this End-User License Agreement (the Agreement”)
carefully before accessing, downloading or using any Codeway Apps, for the
concerning Agreement governs your use of the Codeway Apps and how we provide
the Codeway Apps. If you do not agree these terms, do not use the Codeway
Services. Each time you use or access the Codeway Services, the current version of
these terms shall apply. This Agreement also includes additional payment terms, in-
app purchase options and other requirements set forth on the download or purchase
page/ platform through which you purchase or download the Codeway Apps.
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2. Your use or access of the Codeway Services is also subject to Codeway’s Privacy
Policy (the Privacy Policy”). Additionally, you agree to abide by our rules, policies
and procedures we may publish on the Codeway Services from time to time. We
reserve the right at any time and without notice to change these terms. Without
prejudice to any rights implied by law or under the provisions of this Agreement, you
also acknowledge that in-app message which notifies you such changes when you
open up, use or access the Codeway Apps shall constitute reasonable notification
means. For the avoidance of doubt, your continued use of the Codeway Apps after
we post amendments or apply changes to this Agreement shall signify your
acceptance of such amendments and/or changes. If you do not agree with any
amendment, you must discontinue using the Codeway Apps. If you have any further
questions or concerns with respect to the terms herein, please contact us
at support@codeway.co.
3. For the avoidance of doubt, all provisions in this Agreement that refer to the Codeway
Apps and the Codeway Services are general terms and conditions set forth by
Codeway regarding its products and services. These provisions, while binding for the
User, only grants the User the rights specified herein for the Voi App. This Agreement
cannot be interpreted as granting any right to the User with regards to other Codeway
Apps or Codeway Services.
4. NOTICE TO THE USER: THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO
NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY
IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY
LEAVE THE APPLE APP STORE AND/OR GOOGLE PLAY AND YOU ARE NOT
AUTHORIZED TO USE OR ACCESS ANY OF THE CODEWAY SERVİCES.
DEPENDING ON THE LAWS OF THE JURISDICTION WHERE YOU LIVE, YOU
MAY HAVE CERTAIN RIGHTS THAT CANNOT BE WAIVED THROUGH THIS
AGREEMENT AND THAT ARE IN ADDITION TO THE TERMS OF THIS
AGREEMENT AND CERTAIN PROVISIONS OF THIS AGREEMENT MIGHT BE
UNENFORCEABLE AS TO YOU. TO THE EXTENT THAT ANY TERM OR
CONDITION OF THIS AGREEMENT IS UNENFORCEABLE, THE REMAINDER OF
THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. YOU HEREBY
CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE UNDER 18
YEARS OLD, THAT YOU ARE USING THE APPLE APP STORE AND/OR GOOGLE
PLAY ONLY WITH THE APPROVAL OF YOUR PARENT OR LEGAL GUARDIAN),
THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT
YOU HAVE COMPLETELY READ, UNDERSTOOD AND AGREE TO BE BOUND BY
THIS AGREEMENT. PLEASE BE AWARE THAT, IN ORDER TO USE GOOGLE
PLAY, YOU MUST HAVE A VALID GOOGLE ACCOUNT, SUBJECT TO THE
FOLLOWING AGE RESTRICTIONS AND ALSO YOU MUST COMPLY WITH ANY
ADDITIONAL AGE RESTRICTIONS THAT MAY APPLY FOR THE USE OF
SPECIFIC CONTENT OR FEAUTRES ON GOOGLE PLAY.
5. NOTICE TO PARENTS AND LEGAL GUARDIANS: BY GRANTING YOUR CHILD
APPROVAL TO DOWNLOAD, INSTALL, USE, ACCESS, IN-APP PURCHASE THE
CODEWAY APPS, YOU HEREBY AGREE TO THE TERMS OF THIS AGREEMENT
ON BEHALF OF YOUR CHILD. YOU ARE RESPONSIBLE FOR EXERCISING
SUPERVISION OVER YOUR CHILD’S ANY ONLINE AND OFF-LINE ACTIVITIES. IF
YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT LET YOUR CHILD
USE THE CODEWAY APPS OR ASSOCIATED FEATURES. IF YOU ARE THE
PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 18 AND BELIEVE THAT HE
OR SHE IS USING THE CODEWAY APPS WITHOUT YOUR PRIOR
APPROVAL, PLEASE CONTACT US AT support@codeway.co.
2. PARTIES
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2.1. This Agreement is concluded between Codeway and you, as the User, who
downloaded and/or installed through the Apple App Store and/or Google Play and
executed and mutually entered into force upon the online approval of the User.
Codeway and the User shall be hereinafter referred to individually as the Partyand
collectively as the “Parties”.
2.2. By downloading and/or installing the Codeway App through the Apple App Store or
Google Play, the User agrees, undertakes and represents that he/she has read all the
terms herein, understood all the contents and approved all provisions.
2.3. In case the User is a “consumer” under the Consumer Protection Act of Turkey (the
Law No. 6502”) and the applicable consumer legislation, the User can benefit from
the rights and powers vested in consumers thereunder to the extent applicable. If the
User is considered as a consumer under the Law No. 6502 and to the extent
applicable, the other relevant legislation he/she should give prior notice to duly inform
the Codeway to use its consumer rights. The User accepts and declares that he/she
understands this situation and that he/she shall act in line with the applicable
consumer legislation, if necessary.
3. CODEWAY CONTACT INFORMATION
Company Name: Codeway Dijital Hizmetler Anonim Şirketi
Address: Esentepe Mahallesi Büyükdere Cad. Ferkoo Apt. No: 175/141, Şişli/ İstanbul,
Turkey
Trade Registry Number: 227921-5
E-mail: support@codeway.co
4. GRANT OF LICENSE
4.1. Subject to your compliance with the terms of the Agreement, Codeway grants you a
limited, non-exclusive, revocable, non-sub licensable, non-transferable license to
access, download and install the most current generally available version of the Voi
App on a single, authorized mobile device that you own or control solely for your
lawful, personal, as an end-user, and non-commercial use.
4.2. For the avoidance of doubt, all Codeway Apps is protected by copyright laws and
international copyright treaties, as well as other intellectual laws and treaties.
Codeway is the exclusive owner of any software, design, source code, target code,
directory, image or content available on Codeway Apps. Codeway reserves all rights
not expressly granted to the User as per the provisions of Article 11, hereunder.
Having said that, Codeway retains the ownership of the copyright in and to the
Codeway Apps. The User cannot not to duplicate, copy or distribute or process the
advertisements, images and texts, visual and audio images, files, databases,
catalogues and lists available on Codeway Apps nor rent, lease or lend the Codeway
Apps to anyone and permanently transfer all of his/her rights under this Agreement.
Codeway holds no responsibility of the results of using the Codeway Apps acquired
illegally or through an unauthorized distributor.
5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
5.1. Restricted Use: While using Codeway Apps, Users declare and undertake not to
engage in actions that are contrary to the law and morality or that may damage the
opportunity to benefit from the Codeway Services including but not limited to the
items exemplified below. Codeway shall not assume any responsibility and/or
indemnification liability for damages arising from any breach of this article. In the
event that the User acts in breach of this article, Codeway shall reserve the right to
terminate this Agreement pursuant to Article 14, to block the User's access to
Codeway Apps either for a certain period of time or indefinitely. Furthermore,
Codeway reserves the right to resort to civil law and criminal law remedies.
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5.2. The User shall not rent, sell, lease, sublicense, distribute, assign, copy (other than a
single copy for your own backup purposes) or in any way transfer or grant any rights
to the Codeway Apps or use Codeway Apps for the benefit of any third party. Unless
expressly authorized by Codeway, User is prohibited from making the Codeway Apps
available over a network where it could be downloaded or used by multiple users.
User agrees that he/she shall not use any robot, spider, other automatic or manual
device or process to interfere or attempt to interfere with the proper working of the
Codeway Apps, except to uninstall or remove the Codeway Apps from a mobile
device which the User owns or controls. User shall not deliver unlawful information
and/or share harmful data such as chain mail, malware, viruses. The User shall not
violate or attempt to violate the security of Codeway Services except as and only to
the extent permitted in this Agreement and by applicable law. User shall not engage
in behaviors and activities that will adversely affect/obstruct or manipulate the
operation of Codeway Apps, disable security systems and make the Codeway Apps
unusable or make an attempt in this manner by preparing automatic programs.
5.3. User cannot copy, adapt, translate, decompile, reverse engineer, disassemble,
modify, recode or create derivative works of the Codeway Apps or advertise the
Codeway Apps in any form. User shall not access, create or modify the source code
of any Codeway Apps in any way. User does not have the right to and may not create
derivative works of any the Codeway Apps or any portions thereof. All modifications
or enhancements to the Codeway Apps remain the sole property of Codeway. User
agrees and undertakes or engage in any other act to find, obtain or copy the source
code of Codeway Apps, shall not in any way try and synchronize Codeway Apps with
other software or hardware, shall not violate the security of any computer network,
shall not hack security passwords and codes, shall not attempt to deliver SPAM mail
or upload malware, otherwise agrees, declares and undertakes to assume the liability
for any damages of Codeway and third parties.
5.4. Codeway may restrict or terminate the access to Codeway Apps at any time and
without giving any further notice in case the operating security of the network is at
risk, in order to ensure the continuity of access to the network, to prevent
malfunctions that may occur in network, software or uploaded files, to prevent or
reduce the adverse effects of possible disruptions and in other cases deemed
necessary.
6. Updates: Codeway reserves the right to add or remove features or functions to the
existing Codeway Apps. When installed on the User’s mobile device, Codeway
periodically communicates with our servers. Codeway may require the updating of the
Codeway Apps on User’s mobile device when Codeway releases a new version of
the Codeway Apps, or when Codeway makes new features available. This update
may occur automatically or upon prior notice to User and may occur all at once or
over multiple sessions. The User understands that Codeway may require User’s
review and acceptance of Codeway’s then-current Agreement before User will be
permitted to use any subsequent versions of the Codeway Apps. User acknowledges
and agrees that any obligation Codeway may have to support previous versions of
the Codeway Apps may be ended upon the availability of updates, supplements or
subsequent versions of the Codeway Apps. User acknowledges and agrees that
Codeway has no obligation to make available to User any updates, supplements or
subsequent versions of the Codeway Apps. Please be aware that, such updates may
be necessary in order for you to use Google Play/App Store or to access, download
or use content. By agreeing to these terms and using Google Play/App Store, you
agree to receive such updates automatically. You may be able to manage updates to
certain content via settings in Google Play/App Store. If it is determined, however,
that the update will fix a critical security vulnerability related to the content, the update
may be completed irrespective of your update settings in Google Play/App Store or
your device. If another app store attempts to update content that was initially
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downloaded from Google Play/App Store, you may receive a warning, or such
updates may be prevented entirely.
7. Access: The User must provide at his/her expense the equipment, internet
connections, devices and service plans to access and use the Codeway Apps. If the
User accesses the Codeway Apps through a mobile network, your network or
roaming provider’s messaging, data and other rates and fees may apply. The User is
solely responsible for any costs you incur to access the Codeway App from his/her
device. Downloading, installing or using certain the Codeway Apps may be prohibited
or restricted by your network provider and not all the Codeway Apps may work with
your network provider or device. Codeway makes no representation that the
Codeway Apps can be accessed on all devices or wireless service plans. Codeway
makes no representation that the Codeway Apps are available in all languages or that
the Codeway Apps are appropriate or available for use in any particular location.
Please also be aware that, you must keep your account details secure and must not
share them with anyone else. You must not collect or harvest any personal data of
any User of Apple App Store and/or Google Play or of any User of other Apple and/or
Google Services via Apple App Store/ Google Play, including account names.
8. Purchase and Cancellation Rights: Certain Codeway Apps are available for
purchase from a mobile platform owner (e.g. Apple or Google) and/or will allow the
User to make in-app purchase. Payment for such purchases may be processed by
third parties who act on behalf of Codeway or directly by the mobile platform owner.
In some countries there are specific time periods to cancel online purchases after
purchasing them provided by law (European Union residents etc). For these
countries, consumers may have a right to cancel in specific number of days after
purchasing products/services online provided by law. Therefore, your right to cancel
in-app purchases will rely on the country you reside in. Since payment processes of
certain purchases on Codeway Apps will be conducted by the mobile platform owner,
failure to follow certain local laws regulating right to cancel will be subject to mobile
platform owners’ terms. Please also review the mobile platform owner’s terms in this
regard before purchase. You can find further information on cancelling orders and any
associated refunds on the website of the third-party re-seller from whom you
purchased the app (the Apple App Store and/or Google Play). Where you purchase
from Codeway directly: please note and acknowledge that if you are a resident in the
European Union and download the Codeway Apps from Codeway directly, you agree
to waive your cancellation and refund right once the download of the app or the
relevant purchase is made. Please note that if you are not a resident in the European
Union and if your local laws do not regulate mandatory laws otherwise, you have
already no right to cancel purchases you made if you download Codeway Apps from
Codeway directly. This means that you will not be able to cancel your order or obtain
a refund once the download and delivery of the app is complete. This will also apply
to subscriptions and in-app purchases. In this regard, please also take into
consideration the provisions of Article 13 of the Agreement.
9. Defective Content: Once the Codeway Apps are available to you through your
account, you are required to check the content as soon as reasonably possible to
ensure that the Codeway Apps function and perform as stated and notify us or
Google Play/App Store as soon as reasonably possible provided that you find any
errors or defect.
10. Without prejudice to any other rights, Codeway may terminate this Agreement if User
fails to comply with the terms of this Agreement and other documents, referred to
herein. In such event, the User must uninstall or remove the Codeway Apps. In this
regard, please also take into consideration the provisions of Article 14 of the
Agreement.
2. THIRD-PARTY PARTNERS
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1. The Codeway Apps allow you to enjoy various features, functionalities and other
Codeway Services, which may change from time to time (collectively the Codeway
Apps Functions”). The Codeway Apps Functions are provided by Codeway and
third-party suppliers who offer content and/or services in conjunction with or through
the Codeway Apps (the “Third Party Partners”).
2. Third-Party Services and Content: The Codeway Apps may integrate, be integrated
into, bundled, or be provided in connection with third-party services, advertising,
feeds and/or content. If the User is installing the Codeway App that includes third
party services and third-party content, such services and content are subject to such
third party’s terms of services and privacy policies, which might be found on the
relevant Third-Party Partners’ website. Please keep that in my mind that Codeway
has no control over such websites and resources, and the User acknowledges and
agrees that Codeway shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of
reliance on any such Content (as defined in 6.3.), goods or services available on or
through any such website or resource. Having said that, Codeway shall not be a party
to or in any way be responsible for monitoring any transaction between the User and
the Third-Party Partners.
3. Access to the Third Party Services and Content via the Codeway Apps: All
services, advertising, feeds and content, including without limitation, all data, links,
articles, graphic or video messages and all information, text, software, music, sound,
graphics or other materials (the Content”) made available or accessible via the
Codeway Apps, whether publicly available or privately transmitted, is the sole
responsibility of the entity or person from whom it originated. You, as the User, hereby
acknowledge and agree that by using the Codeway Apps you may be exposed to
Content that may be offensive, indecent or objectionable in your community. You
agree to accept all risks associated with the use of any Content, including any
reliance on the accuracy or completeness of such Content. Under no circumstances
will Codeway be liable in any way for any Content created by or originating with
entities other than Codeway, including but not limited to, any errors or omissions in
any such Content, or for loss or damage of any kind incurred as a consequence of
the transmission, sharing or posting of such Content by means of Codeway App.
2. SECURITY
2.1. The Codeway Apps, like other User technologies in the relevant market, may not be
100% secure. By accepting this Agreement, you acknowledge and accept that the
Codeway Apps and any information you download or offer to share by means of an
Codeway App, may be exposed to unauthorized access, interception, corruption,
damage or misuse and cannot be regarded as 100% secure.
2.2. You accept all responsibility for such security risks and any damage resulting
therefrom. Further, you are solely responsible for securing you mobile device from
unauthorized access or cyber-attacks, including by such means as using complex
password protection. You agree that Codeway shall not be liable for any unauthorized
access to your mobile device or the app data thereon.
2.3. In regard of malware protection, Google may receive information regarding your
device’s network connections, potentially harmful URLs, the operating system and
apps installed on your device through Google Play or from other sources in order to
protect you against malicious third-party software, URLs and other security issues.
Besides, Google may warn you if it considers an app or URL to be unsafe, or Google
may remove or block its installation on your device if it is known to be harmful to
devices, data or Users. You may choose to disable some of these protections in the
settings on your device, nevertheless, Google may continue to receive information
about installed through Google Play, and apps installed on your device from other
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sources may continue to be analyzed for security issues without sending information
to Google.
3. REGISTRATION AND PASSWORDS
3.1. Registration: Most of the Codeway Apps will not require a registration, nevertheless,
some of the Codeway Apps may permit or require you to create an account to
participate or access additional features or functionalities (the Registration”). If such
Registration is required, it will be made known to you when you attempt to participate
or access such additional features or functionalities. Any registration required by
Third- Party Partners is not governed by this Agreement and you should refer to the
relevant Third-Party Partners’ website for their policies.
3.2. Passwords: You are the sole and exclusive guardian of any password and ID
combination issued or chosen by to you. Maintaining the confidentiality and security
of your password(s) and ID(s) is solely your responsibility. You are fully responsible
for all transactions undertaken by means of any account opened, held, accessed or
used via your password and ID. You shall notify us immediately and confirm in writing
any unauthorized use of accounts or any breach of security, including without
limitation any loss, theft, leak, or unauthorized use of your password(s), and/or ID(s)
or any related account. If we have reasonable grounds to suspect that the security of
your password and/or ID has been compromised, we may suspend or terminate your
account, refuse any and all current or future use of the services, and pursue any
appropriate legal remedies. We shall not be responsible for any losses incurred in
connection with any misuse of any password or ID.
3.3. Provided Information: If you provide any information in connection with a
Registration, you are required to provide or maintain accurate, complete and current
information. If we have reasonable grounds to suspect that your information is
inaccurate, not current or not complete, we may suspend or terminate your use of the
Codeway App and pursue any appropriate legal remedies. You agree that we shall
have the right to use the information you provide to us for the purposes described in
this Agreement and in furtherance of your use of the Codeway App our services, as
per the Privacy Policy.
3.4. Authentications. User may benefit from the basic functions and Services of Voi App
without Registration. Upon User’s sole discretion, User may register to Voi App using
authentication methods provided to Codeway by Third Party Partners (such as
logging in through the use of Google, Apple and e-mail accounts). Such Registration
allows the User to use and benefit from additional functions and Services provided by
Voi App. The responsibility to ensure the security and to duly store the access tools, if
any, (connection by Google, Apple or e-mail account, etc.) used by the User in order
to benefit from the Services offered through Voi App and to keep them away from the
reach and use of third parties shall belong to the User. Every transaction made with
the User’s authenticated account, shall be deemed to made by the User itself.
Codeway shall not be responsible for any direct or indirect damages incurred by the
Users and/or third parties due to all negligence and faults of the User in matters such
as security, storage, keeping away the information of third parties, and use of the
User’s means of accessing the system and Voi. Codeway shall reserve its right to
recourse. Only the Users registered to Voi App following identity authentication may
reach certain features of Voi such as publishing Materials in Voi App for other Users
to see and any other feature that may be included in Voi App at Codeway’s discretion.
User acknowledges that without registering to Voi App in accordance with this
provision, he/she will not be able to reach certain features provided to Users
registered to Voi App.
4. UNINSTALL AND REMOVAL OF THE CODEWAY APPS
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Uninstallation and removal procedures vary depending on your device. To uninstall and
remove the Codeway Apps, please use the application manager provided with your device or
consult your device manual for further reference.
5. CONSENT TO USE OF DATA AND USER REVIEWS
5.1. You agree that we may collect and use technical data and related information,
including and not limited to technical information about your device, system and
application software and peripherals, that is gathered periodically to facilitate the
provision of software updates, product support and other services to you (if any)
related to the Codeway Apps. We may use this information as per the Privacy Policy.
5.2. If you choose to provide app store reviews or reviews via any social media channel or
other similar communication or messaging features or services, such information may
be made publicly available, including the public-facing username as it appears with
the review. If you prefer that we do not use promotional purposes, you will be able to
elect for us not to do so by submitting your request to support@codeway.co (please
also indicate your name, mailing address and email address). For security purposes,
please do not include any password, social security number, national ID number,
payment card or other sensitive information via these features. We have the right, but
not the obligation, to monitor messages and communications between and among
Users for security and training purposes. We may, but are not obligated to, remove
any content we deem inappropriate.
5.3. If you download the Codeway Apps through Google Play or App Store, please be
aware that, posting reviews shall be subject to the relevant virtual store’s policies.
11. INTELLECTUAL PROPERTY RIGHTS
1. Codeway is the sole proprietor of products and/or Codeway Services, projects,
documents used at the Codeway Apps in connection with the Codeway Services and
visuals, texts, bulletins, slogans, videos, designs and know-how and any business
data, illustrations, database, system flow data, logo, emblem and data, ideas or the
Codeway trademarks and trade dressing, flows, source codes, researches, codes,
methods, statistical figures and financial and moral rights and all other intellectual
property rights during preparations for the Agreement and during its term for the
supply of the Codeway Services. All rights that are vested in it under the Law on
Intellectual and Artistic Works numbered 5846 of Turkey (the Law No. 5846”) and
the applicable legislation in connection with such contents shall be the exclusive
property of Codeway. Accordingly, the User agrees and represents that he/she shall
not commit any reverse engineering or attempt to find or acquire the source code of
the Codeway Apps nor shall it violate the security of any network or crack security
encryption codes; it shall not send SPAM mails or load malicious software; that
otherwise the User shall be liable for all losses that Codeway and third parties may
sustain.
2. For the avoidance of doubt, “intellectual property rights” means, collectively, rights
under patent, trademark, copyright and trade secret laws and any other intellectual
property or proprietary rights recognized in any country or jurisdiction worldwide,
including, without limitation, moral or similar rights. The User may not delete, alter or
remove any copyright, trademark or other proprietary rights notice Codeway or Third-
Party Partners have placed on or within the Codeway Apps. Please be aware that all
rights not expressly granted hereunder are expressly reserved to Codeway and its
licensors. Nothing contained in herein should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any of our trade names,
trademarks or service marks without our express prior written consent.
3. Unless otherwise agreed between Codeway and the User regarding any intellectual
property rights arising from any Codeway Service prepared and provided to the User
by Codeway, Codeway shall grant the right to use of the related Codeway Services
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which shall be worldwide, indefinite and exclusive. In any case, Codeway has the
right to determine the ownership of the aforesaid intellectual property rights and its
usage. However, if Codeway suggests different conditions other than the provisions in
this clause of this Agreement, it should notify the User until the Codeway Service is
used or until the commencement of the operations for the Codeway Service.
4. The User is solely responsible for any content that he/she contributes, submits,
displays or for any adaptations of works made on or through use of the Codeway
Apps. It is the User’s obligation to ensure such content, including photos, texts,
documents, videos and music files are lawful and does not violate any right including
copyright or other intellectual property rights of Codeway, other Users, or any other
third persons. For the avoidance of doubt; User accepts, declares and undertakes
that it is legally entitled on any data, information or content it uses, and that such use
does not violate any applicable law or third party rights. The User accepts, declares
and undertakes to compensate any damage that may have incurred by both
Codeway and third parties due to the fact that it is not legally entitled on any data,
information or content it uses.
5. Codeway respects and expects its Users to respect the rights of copyright holders.
On notice, Codeway will act appropriately to remove content that infringes the
copyright rights of others. Codeway reserves the right to disable the access to the
Codeway Apps or other services by anyone who uses them to repeatedly infringe the
intellectual property rights of others.
6. Codeway also acts to remove objectionable content. The decision to remove
objectionable content shall be made at Codeway’s sole discretion. Objectionable
content includes, but is not limited to: content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory or libelous; content that is hateful or
advocates the hate crimes, hate speech and all types of discrimination, harm or
violence against a person, group or minority; content that may harm minors in any
way; content that has the aim or effect of stalking or otherwise harassing or bullying
another; private information regarding any individual such as phone numbers,
addresses, national ID numbers, Social Security numbers or any other information
that is invasive of another’s privacy; content that is vulgar, offensive, discriminative,
obscene or pornographic, unsolicited or unauthorized advertising, promotional
materials, junk mail, SPAM, chain letters, pyramid schemes or any other form of
solicitation; material that contains software viruses or any kind of malicious software
or any other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer or mobile device software or hardware or
telecommunications equipment. In this regard, Users agree, accept and undertake
not to use Codeway Apps:
- In any way that violates any applicable national, federal, state, local
or international law or regulation;
- For the purpose of exploiting, harming or attempting to exploit or harm
minors in any way;
- To generate or disseminate verifiably false information and/or content
with the purpose of harming others;
- To generate or disseminate personal identifiable information that can
be used to harm an individual;
- To defame, disparage or otherwise harass others;
- For fully automated decision making that adversely impacts an
individual’s legal rights or otherwise creates or modifies a binding,
enforceable obligation;
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- For any use intended to or which has the effect of discriminating
against or harming individuals or groups based on online or offline
social behavior or known or predicted personal or personality
characteristics;
- To exploit any of the vulnerabilities of a specific group of persons
based on their age, social, physical or mental characteristics, in order
to materially distort the behavior of a person pertaining to that group
in a manner that causes or is likely to cause that person or another
person physical or psychological harm;
- For any use intended to or which has the effect of discriminating
against individuals or groups based on legally protected characteristics
or categories;
- To provide medical advice and medical results interpretation;
- To generate or disseminate information for the purpose to be used for
administration of justice, law enforcement, immigration or asylum
processes, such as predicting an individual will commit fraud/crime
commitment (e.g. by text profiling, drawing causal relationships between
assertions made in documents, indiscriminate and arbitrarily-targeted
use).
7. Codeway does not and cannot pre-screen or monitor all content. Nevertheless, our
representatives may monitor content submission through the Codeway Apps, and you
hereby provide irrevocable consent to such monitoring. The User acknowledges and
agrees that he/she has no expectation of privacy concerning the submission of any
content. Codeway has the right, but not the obligation, in its sole discretion to edit,
modify, and refuse to post or remove any content.
8. The User may not use Google Play or any content or the Codeway Apps in
conjunction with any stream- ripping, stream capture or similar software to record or
create a copy of any content or additional in- app features that are presented to you
in streaming format, if any. Besides, the User may not remove any watermarks, labels
or other legal or proprietary notices included in any content or additional in- app
features or attempt to modify any content obtained through Google Play, including
modification for the purpose of disguising or changing any indications of the
ownership or source of content and/or the Codeway Apps.
9. Codeway shall be entitled to terminate the User’s access to the Codeway Apps if,
under appropriate circumstances in line with aforesaid provisions, the User is
determined to be a repeat infringer.
12. RIGHTS INFRINGEMENTS
1. Codeway attaches great importance to confidentiality, intellectual property rights
including copyrights and personal data; takes care to be transparent about them.
While using Codeway Apps, Users declare and undertake to use Codeway Apps
following the principles in this Terms and Conditions and other texts provided to you
by Codeway. Users shall only upload materials they produce or are authorized to use
to Codeway Apps. Users declare and undertake to not infringe of any rights of other
Users under this Terms and Conditions.
2. However, if you believe in good faith that materials transmitted or created through Voi
App infringe your copyright, your personal right or privacy; you may send Codeway a
notice requesting that we remove the material or block access to it by filling out the
infringement form.
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13. IN-APP PURCHASE AND PAYMENT
1. The release and distribution of the Codeway Apps will take place in the global market
through the Apple App Store and/or Google Play. The Codeway Apps will
nevertheless offer certain features and certain limits to the User as a paid feature
through in-app purchase. If the User would like to use such paid features under this
Agreement, you will first need to make payment before accessing the paid feature.
2. Such in-app purchase features are offered on an annual, semi-annual,
quarterly, monthly or a weekly basis and will be re-billed every year or month by the
Apple App Store and/or Google Play, depending upon auto-renewable subscription
model, until cancelled by the User. The Apple App Store and/or Google Play will send
an e-mail well in advance of renewal containing a hyperlink to manage subscription
procedure. App Payments will be processed through the Apple App Store and/or
Google Play from which you originally downloaded the application. You may access
the applicable in-app purchase rules and policies directly from the Apple App Store
and/or Google Play. You acknowledge and agree that you are fully responsible for
managing your in-app purchases and the amount you spend on in-app purchase
within the Codeway Apps.
3. Please be aware that, in order to purchase content or the Codeway Apps through
Google Play, you are required to have a Google Payments account and agree to the
Google Payments Terms and Terms of Service. The Google Payments Privacy Notice
applies whenever your purchase content using a Google Payments account. You are
responsible for all amounts payable associated with purchases made through Google
Play on your Google Payments account. Besides, Google may make available to you
various payment processing methods in addition to Google Payments to facilitate the
purchase of content or the Codeway Apps through Google Play. You are required to
abide by any relevant terms and conditions or other legal agreement, whether with
Google or a third party, that governs your use of a given payment processing method.
Google may add or remove payment processing methods at its sole discretion. You
are solely responsible for all amounts payable associated with purchase you make on
Google Play.
4. In order to determine your eligibility to have purchases of content or the Codeway
Apps that you make through your devices billed to your network provider’s account,
when you create a Google Play account on a device, Google Play shall send
identifiers of your device to your network provider. To permit this you shall need to
accept the network provider’s terms of service. The network provider may send us
your billing address information. Google Play hold and use this information as per
Google’s Privacy Policies and Google Payments Privacy Notice.
5. If you are under 18 then you are legally required to have you parents’ or legal
guardians’ permission to make any in-app purchases. By completing an in-app
purchase, you are confirming to us that you have any and all permission that may be
necessary in order to allow you make that in-app purchase. If you are a parent or
legal guardian of someone under the age of 18, we recommend that you consider any
parental control that may be provided by the Apple App Store and/or Google Play,
provided that you are concerned that your child may make excessive in-app
purchases.
6. The in-app purchases are purchased from and billed by the Apple App Store or
Google Play, not Codeway. These purchases are subject to the terms and conditions
of the Apple App Store and/or Google Play. All billing and refund inquiries shall be
directed to the Apple App Store and/or Google Play. Having said that, Codeway does
not have access to the Apple App Store and/or Google Play accounts and
transactions.
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7. If any in-app purchase is not successfully downloaded or does not work once it has
been successfully downloaded, we will, after becoming aware of fault or being notified
of the fault by you, investigate the reason for the fault. We will act reasonably in
deciding whether to provide you with a replacement in-app purchase or issue you
with a patch to repair the fault. In no event we will charge you anything further to
replace or repair the in-app purchase. In the unlikely event that we are unable to
replace or repair the relevant in-app purchase or are unable to do so within a
reasonable period of time and without significant inconvenience to you, we will
authorize the Apple App Store and/or Google Play to refund you an amount up to the
cost of the relevant in-app purchase. Alternatively, if you wish to request a refund, you
may do so by contacting the Apple App Store and/or Google Play directly.
8. You acknowledge and agree that all billing and transaction process are handled by
the Apple App Store and/or Google Play from whose platform you downloaded the
Codeway Apps and governed by the Apple App Store and/or Google Play’s terms and
conditions/end user license agreement. If you have any payment related issues with
in-app purchases, then you need to contact the Apple App Store and/or Google Play
directly.
14. TERM AND TERMINATION
1. This Agreement shall become effective on the date it is approved and shall remain in
force as long as the User maintains to use Voi App and shall continue to be effective
and operative as between Codeway and the User legally.
2. Codeway may unilaterally terminate this Agreement without any obligation of
compensation and further notice under any circumstance where the User acts in
breach of this Agreement, or any other agreements to be executed or rules applicable
to different services offered over the Apple App Store and/or Google Play, in
particular, following circumstances: if the User manipulates the operation of the
Codeway Apps by employing any method; if the User acts in breach of the provisions
of this Agreement or any other agreements to be executed over the Apple App Store
and/or Google Play; if the User commits any act that violates third party rights; if data,
contents, visuals, texts and articles shared with Voi App, by the User, have unlawful
element or even if they are free of unlawful or immoral elements, posting such data,
contents, visuals, texts and articles at Voi App for unlawful or immoral purposes.
3. The User agrees that Codeway shall not be liable to the User or any third- party for
any termination or disabling of the Codeway Apps. Promptly upon termination of this
Agreement, the User must cease all use of Voi App and uninstall, remove or destroy
all copies of Voi App in its possession or control. Having said that, termination shall
not limit any of Codeway’s other rights or remedies at law.
15. INDEMNIFICATION
15.1. You agree to indemnify and hold harmless Codeway, its affiliates and Codeway’s and
its affiliates officers, directors, licensors, partners, shareholders, licensees,
contractors, agents, attorneys, employees and third party service providers
(collectively, the Indemnitees”) from any and all claims, liabilities, costs and
expenses, including reasonable attorneys’ fees (collectively, Claim(s)”), that actually
or allegedly result from your information, use of the Codeway Services or your breach
of this Agreement.
15.2. You agree to be solely responsible for defending any Claim against or suffered by any
Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its
own choosing and for payment of damages or losses resulting from all claims against
any Indemnitee provided that you will not agree to any settlement that imposes any
obligation or liability on any Indemnitee without Codeway’s prior express written
consent.
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16. WARRANTY DISCLAIMER
16.1. To the extent this is permitted by applicable law, all the Codeway Apps are provided
on an “AS IS”; “WITH ALL FAULTS” and “AS AVAILABLE” basis and you use them at
your sole risk. Subject to applicable law, Codeway, on behalf of itself, and its affiliates,
licensors, distributors, vendors, agents and suppliers, expressly disclaims any and all
warranties of any kind, whether express or implied, including but not limited to the
implied warranties of merchantability, non-infringement and any other warranty arising
from the relevant legislation.
16.2. Without limitation, Codeway makes no warranty that the Codeway Apps will meet
your requirements, that they will be uninterrupted, timely, secure or error-free, that the
results obtained from the use of the Codeway products will be accurate or reliable or
that the quality of the Codeway Apps will meet your expectations. Codeway assumes
no liability or responsibility for any property damage of any nature whatsoever,
resulting from your access to and use of the Codeway Apps; any unauthorized
access to or use of our secure servers and/or any and all personal information and/or
financial information stored therein; any interruption or cessation of transmission to or
from the Codeway Apps or servers; any bugs, viruses, Trojan horses or like which
may be transmitted to or through the Codeway Apps by any third party or any errors
or omissions in any content or for any loss or damage of any kind incurred as a
consequence of the use of any content posted, e-mailed, transmitted or otherwise
made available via the Codeway Apps.
16.3. Certain Codeway Apps may allow you to record phone conversations on your Android
or iOS device. Some local, state, federal and international laws prohibit the recording
of third- party audio without all parties’ consent to such recording. You are solely
responsible for compliance with all local, state, federal or international laws regarding
call recording and obtaining any necessary consent. In no event shall the Codeway
be responsible to you or third party for your failure to comply with local, state, federal
or international laws regarding third party audio recording.
16.4. The entire risk arising out of use or performance of the Codeway Apps remains solely
on you. Codeway expressly disclaims all warranties relating to products and/or
services provided by Third Party Partners. This warranty disclaimer constitutes an
essential part of this agreement.
17. LIMITATION OF LIABILITY
17.1. To the extent permitted by applicable laws, you expressly understand and agree that
Codeway shall not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability
to use the Codeway Apps; (ii) unauthorized access to or alteration of your
transmission or data; (iii) statements or conduct of any third party or (iv) any other
matter relating to Codeway.
17.2. In no event shall Codeway’s total liability to you for all damages, losses and causes of
action (whether in contract, tort or otherwise) exceed the amount paid by you for
accessing the Codeway App. The foregoing limitations will apply even if the above
stated remedy fails of its essential purpose.
17.3. Nothing contained in this Agreement shall be deemed or construed to create any
employee/ employer relationship under the Labor Code numbered 4857 of Turkey or
applicable legislation.
18. FORCE MAJOR EVENT AND APPLICABLE LAW
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18.1. In all circumstances that constitute a force major event in legal terms, Codeway shall
not be held liable for its failure to perform its obligations hereunder or to perform them
late or incompletely agreed herein. Such failures shall not be considered a default, or
incomplete or faulty performance and no claim of compensation shall be made
against Codeway.
18.2. The term “force major events” herein refers to any event that is beyond the
reasonable control of the affected party and that cannot be avoided despite the
reasonable care and diligence shown by Codeway, including but not limited to God’s
acts, riots, insurgences, turmoil, war, communication interruptions, infrastructural and
internet network failures, power failures, mobilization, strike, fire, explosion, terrorism,
cyber attack, long-term and far-reaching power outage, internet outage, computer
viruses and legislative amendments and adverse weather conditions.
18.3. The User shall not be able to accrue default interest or claim indemnification from
Codeway under any name whatsoever for the delayed, incomplete or non-
performance of any of the provisions in this Agreement due to force majeure events.
18.4. This Agreement and legal relations arising hereunder shall be governed and
construed as per Turkish law. Turkish Courts (İstanbul Courts of First Instance) shall
have jurisdiction over any actual or potential dispute arising from this Agreement. To
the maximum extent permitted by law, you hereby consent to the jurisdiction and
venue of such courts and waive any objections to such jurisdiction and venue.
19. ENTIRE AGREEMENT AND SEVERABILITY
19.1. These Terms constitute the entire agreement between you, as the User, and
Codeway relating to the use of Voi App and Services and supersedes all prior or
contemporaneous understandings regarding such subject matter.
19.2. No amendment to or modification of this Agreement will be binding unless in writing
and signed by Codeway. The failure of either party to enforce any rights granted
hereunder or take action against the other party in the event of any breach herein
shall not be deemed a waiver by that party as to subsequent enforcement of rights or
subsequent actions in the event of future breaches.
19.3. Any translation of this Agreement is done for local requirements and in the event of a
dispute between English and any non-English versions, the English version of this
Agreement shall govern to the extent not prohibited by law.
19.4. If any terms or provision of this Agreement is declared void or unenforceable in a
particular situation, by any judicial or administrative authority, this declaration shall not
affect the validity of enforceability of the remaining terms and provisions hereof or the
validity or enforceability of the offending term or provision in any other situation. To
the extent possible the provision will be interpreted and enforced to the greatest
extent legally permissible in order to effectuate the original intent and if no such
interpretation or enforcement is legally permissible, shall be deemed severed from
the terms.
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