Terms of Use
1. Introduction
These **Terms of Use** govern the services, updates, and changes offered in relation to the Planium Guide Mobile App provided by “Planium Yazılım Mühendislik ve Ticaret A.Åž.” ("Planium", "We", or "Us"), with its registered address at Bahçelievler Mah. Eser sitesi B3/10, Çankaya, Ankara. These Terms also establish the rules that govern the rights and obligations of the Users of the App and Planium.
Before using the App or any related services, you must read and approve both these “Terms of Use” and the “Planium Privacy Policy”, which is an integral part of these Terms.
If you have any inquiries related to these “Terms of Use” or the “Planium Privacy Policy”, you can contact us via email at planiumteam@gmail.com.
2. Definitions
- "The User", "you", or "your" refers to any real or legal person who accesses, registers for, or uses the App.
- "Planium Guide" or "The App" refers to the mobile application that can be downloaded from the iOS App Store or Google Play Store for Android devices. The App provides written, audial, or visual city and walking guides and can be used on various devices with iOS or Android operating systems.
3. Rights and Obligations of Planium
- Service Provision: Planium offers various cultural interactive tour guides that are developed by experts, which include written, audial, or visual content related to different locations. These digital tour guides can be purchased, downloaded, and used** with or without an internet connection. However, certain functions within the app may require a working internet connection. Before using each tour, Users must agree to the relevant Digital Content Agreements and Pre-order Information forms.
- Modifications to the App: Planium reserves the right to make any necessary changes to the App at any time without prior notice. This includes deciding who is eligible to use the App, modifying, erasing, or suspending any User accounts unilaterally, and without explanation.
- Content Removal or Suspension: Planium may remove or suspend any content within the App or the App itself, at any time and for any reason. This action can be taken without prior notice to the User.
- Communication with Users: If you give Planium permission, Planium may send you messages, notifications, and other content that may be of interest to you, through email, mobile notifications, or other methods. You may choose to opt out of these communications as per the options provided.
Planium may transfer its rights and obligations under this Terms of Use and the Privacy Policy at any time.
4. Your Rights and Obligations
- Legal Capacity and Age Requirement: Before using the Planium Guide Mobile App, you confirm that you have the legal capacity to agree to this Terms of Use, are over 18 years of age, and have not previously been suspended by Planium.
- Accurate Information: You agree that all information provided during registration or when using Planium’s services is accurate. By continuing to use the App, you declare that you have fully read, understood, and accepted all provisions in this Terms of Use and the Planium Privacy Policy.
- Planium’s Right to Deny or Cancel Registration: Planium reserves the right to decline your registration or reject entering into agreements with you for any reason. It may also suspend or cancel your registration at its discretion or for legal reasons, especially if you violate the Terms of Use.
- Consequences of Account Suspension or Cancellation: If your access to the App is revoked, Planium may delete any information uploaded prior to that date.
- Account Security and Responsibility: You are responsible for maintaining the confidentiality of your account details, including your password. You are liable for any damages resulting from unauthorized access to your account, whether due to lost passwords or third-party access. Planium reserves the right to suspend your account if others are using it without your authorization or if access is compromised.
- Compliance with Laws and Policies: You agree to adhere to all applicable laws and regulations, including those that may come into effect after you start using the App. You must also comply with Planium’s Terms of Use, Privacy Policy, and other policies as they may be updated from time to time.
- Device Compatibility and App Updates: To use the App and access the digital content, you must have a compatible smart device. Due to regular updates, older devices may become incompatible with newer versions of the App. In such cases, you can access your content on a new compatible device, but no compensation will be provided for loss of service due to device incompatibility. Location services should be enabled, and the App should be granted access to your location for full functionality.
- Non-Transferability: You may not assign or transfer your rights and obligations under this Terms of Use to any third party without written approval from Planium. Allowing a third party to use your account is prohibited, and you are responsible for any damages caused by unauthorized access or transfers.
- Prohibited Uses: It is illegal to sell, lease, copy, monitor, or use any content, information, or software from the App for commercial or competitive purposes. You agree not to engage in any of these activities, and if you do, you will compensate Planium for any direct or indirect damages, including loss of profits.
- No Right of Withdrawal: Since the services offered through the App are digital media content provided online, you cannot return or withdraw from them after purchase. However, if you are unsatisfied, you can contact Planium at planiumteam@gmail.com, and they will work to resolve your issue.
5. Limitation of Liability
- General Limitation: Planium’s liability is limited as stated in this article, except where explicitly mentioned elsewhere in the Terms of Use, and only to the extent allowed by applicable regulations.
- Content Accuracy: While Planium makes reasonable efforts to ensure the accuracy of the content in the app, it cannot guarantee that all information is 100% correct, complete, or up to date. There may be instances where the app or its content may not be fully available or accurate at all times.
- Changes to Places in the App: Since the app cannot be continuously updated, places or information provided may have changed. Planium encourages users to be cautious, particularly when walking in public spaces, and always remain aware of their surroundings during tours.
- Safety During Use: Using the app while walking, driving, or in other potentially hazardous situations poses significant risks. You should only use the app when standing in a safe and stable location. Planium is not responsible for any incidents, such as theft, traffic accidents, or physical harm, that may occur while using the app.
- No Liability for Indirect Damages: Planium, its employees, executives, affiliates, and content providers are not responsible for any indirect damages, including those caused by negligence, in connection with your use of the app.
- Maximum Liability: In any case, Planium’s total liability to you or anyone seeking compensation due to your use of the app will not exceed twice the total amount you have paid to Planium in content fees or any other charges up to that point.
6. Intellectual and Industrial Property
Planium grants you a limited, non-transferable, non-exclusive license to use the app for your personal, non-commercial purposes only. This license does not convey any ownership or transfer of intellectual property rights, including patents, industrial designs, copyrights, or trademarks.
Unless explicitly stated otherwise, all content, software, ideas, images, and other materials protected by intellectual property rights in the app are the exclusive property of Planium. You agree not to reproduce, distribute, publish, commercialize, or otherwise infringe any rights, including trademarks, patents, designs, copyrights, or database rights belonging to Planium or any third party without prior written consent. You will be solely responsible for any damages caused by the unauthorized use or infringement of these rights.
7. Privacy
Planium is committed to taking the necessary steps to protect the personal data you provide, in accordance with applicable laws and regulations. Your personal data will be handled as described in the Planium Privacy Policy. Please refer to the privacy policy to understand how your data is collected, used, and protected.
8. Resolution of Disputes, Applicable Law, and Severability
Any disputes arising in connection with the Terms of Use, Privacy Policy, or any annexes thereto, as well as their interpretation, will be governed by Turkish Law, to the fullest extent permitted by law. In the event of any discrepancies between translations, the Turkish version of these documents shall take precedence.
The courts and execution offices of Ankara(Central) shall have exclusive jurisdiction over any disputes arising from these terms, the privacy policy, or related documents.
If any part of this Terms of Use is found to be invalid, unenforceable, or void, that part will be severed from the remaining provisions. The invalid provision will be replaced by a valid one that most closely matches the intent of the original, and the remaining provisions will continue in full force and effect.
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Contact Information
Trade Name : Planium Yazılım Mühendislik ve Ticaret A.Åž.
Address : Bahçelievler Mah. Eser sitesi B3/10 Çankaya Ankara
Website : http://www.planiumapp.com
E-mail : planiumteam@gmail.com