TERMS OF SERVICE

1. THE APPLICATION

2. SCOPE OF LICENSE

3. TECHNICAL REQUIREMENTS

4. MAINTENANCE AND SUPPORT

5. USE OF DATA

6. LIABILITY

7. WARRANTY

8. PRODUCT CLAIMS

9. LEGAL COMPLIANCE

10. CONTACT INFORMATION

11. TERMINATION

12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

13. INTELLECTUAL PROPERTY RIGHTS

14. APPLICABLE LAW

15. USER CONTENT

Our Services may allow you and other users to transform and share content, including photos, images, graphics, videos, and other materials (collectively, “User Content”). Deez does not claim ownership of any 1) User Content that you share on or through the Services, or 2) User Content transformed through the Services that you save or share on or through the Services (“Transformed Content”). Subject to this Agreement and the Privacy Policy, you retain all rights in and to your User Content. You grant Deez a nonexclusive, sublicensable, royalty-free, worldwide, fully paid license to use, reproduce, temporarily cache, modify, adapt, create derivative works from, distribute, perform, and display your User Content during the term of this Agreement solely for the purpose of providing you with the Services.

You acknowledge that some of the Services are supported by advertising revenue and may display sponsored advertisements and promotions, and you hereby agree that Deez may place such sponsored advertising and promotions on the Services or as a watermark on Transformed Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.

You are solely responsible for User Content that you upload to the Services or otherwise make available to us or others through the Services, including by selecting, posting, publishing, or displaying via the Services or by texting, emailing, or otherwise making available to us or others. You represent and warrant that: (i) you own or otherwise have the right to use the User Content; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content; and (iii) you have the legal right and capacity to enter into this Agreement in your jurisdiction.

Deez is not a backup service, and you agree that you will not rely on the Services for the purposes of User Content backup or storage. You may not edit, save, post, share, or transform any User Content or Transformed Content that violates this Agreement or for which you do not have all the rights necessary to grant us the license described above. To the fullest extent permitted by law, we have no obligation or ability to screen, edit, or monitor User Content, and you are solely responsible for all User Content and Transformed Content that you edit, save, post, share, or transform through the Service. Notwithstanding the foregoing, Deez reserves the right to investigate and take appropriate legal action against anyone who, in Deez’s sole discretion, violates this provision, including without limitation, suspending or terminating the subscription of such violators, and reporting the violator to the law enforcement authorities. To the extent permitted by law, Deez will not be liable to you for any modification, suspension, or discontinuation of the Services, the loss of any User Content, or Transformed Content.

You will comply with all relevant laws, regulations, and policies applicable in your jurisdiction when transferring your User Content or Transformed Content to Deez, including but not limited to applicable intellectual property rights and data protection and privacy laws.

You understand that the technical processing and transmission of the Services, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

16. PROHIBITED CONDUCT AND CONTENT

You must not violate any applicable law, breach any contract, infringe any intellectual property rights or other third-party right, or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You agree to strictly abide by the content of this Agreement and with relevant national laws, regulations, and rules. When accessing or using the Services you must not:

• engage in any harassing, threatening, intimidating, predatory or stalking conduct or in any illegal/criminal activities such as money laundering;
• transmit or publish speech that incites resistance or undermines the implementation of the EU (or your local jurisdiction) constitution, laws, and administrative regulations, speech that harms the public interest of the country and involves national security, speech that incites to subvert state power, speech that undermines national unity; incites ethnic hatred, ethnic discrimination, and undermines national religious policies;
• use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement;
• incite or instigate others to engage in behavior prohibited by this Agreement;
• use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or the networks connected to our Services in any manner;
• reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
• attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
• display, mirror, or frame our Services, or any individual element within our Services, the company’s name, any companies' trademark, logo, or other proprietary information without our express written consent;
• delete logos and watermarks, trademarks, or any other protected marks;
• further edit any photos or videos with the Deez logos and watermarks, trademarks, or any other protected marks using your own or any other third-party editing tools;
• circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Services, including through the use of virtual private networks;
• attempt to gain unauthorized access to the Services, the server on which the Services are hosted, or any server, computer, or database connected to the Site or the Services;
• attack the Services via a denial of service attack or a distributed denial of service attack;
• knowingly introduce to the Services any viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful;
• use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement;
• carry out unauthorized access to subscriptions to the Services, provide third parties with the possibility of unauthorized access to subscriptions to the Services (for example, by transferring access), or use any other method of bypassing payment systems to use subscriptions;
• transfer subscriptions to the Services purchased in the relevant application store for a certain type of compatible devices to devices of another type; or
• encourage, assist, or enable any other party to do any of the foregoing.

You may also only save, disclose, upload, transform or share User Content or Transformed Content that is non-confidential and you have all necessary rights to disclose, save, upload, transform or share. You may not upload, share, select, edit, or transform any User Content, or Transformed Content, that:

• is unlawful, libelous, defamatory, obscene, pornographic, indecent, vulgar, lewd, suggestive, harmful, abusive, harassing, threatening, tortious, discriminatory, excessively violent, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• does or may infringe, misappropriate or violate any patent, trademark, trade secret, copyright, or other intellectual or proprietary right (including likeness) of any party;
• contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
• constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
• impersonates, or misrepresents your affiliation with, any person or entity;
• contains any unsolicited promotions, political campaigning, advertising, or solicitations;
• contains any private or personal information of a third party without such third party’s consent;
• contains any viruses or any other computer code, files or programs, corrupted data, or other harmful, disruptive, or destructive files or content designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
• is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Deez or others to any harm or liability of any type.

17. LIMITED LICENSE; COPYRIGHT AND TRADEMARK

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters and other content contained therein (collectively, the “Deez Content”) are owned by or licensed to Deez and are protected under the laws of the Republic of Turkey, and other international and foreign laws. Except as explicitly stated in this Agreement, Deez and our licensors reserve all rights in and to our Services and the Deez Content. You are hereby granted a limited, nonexclusive, non transferable, non-sublicensable, revocable license to access and use our Services and Deez Content solely for your own personal use during the term of this Agreement; however, such license is subject to this Agreement and does not include any right to: (a) sell, resell or commercially use our Services or Deez Content; (b) copy, reproduce, distribute, publicly perform or publicly display Deez Content, except as is expressly permitted by us or our licensors; (c) modify the Deez Content (except as permitted in the Services), remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Deez Content, except as expressly set forth in this Agreement; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use our Services or Deez Content other than as expressly permitted in this Agreement. Any use of our Services or Deez Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will result in automatic termination of the licenses granted under this Agreement. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Deez Content and/or Transformed Content.

You are responsible for keeping the installed App on your device, and your User Content and Transformed Content, secure and for maintaining the confidentiality of any password and account details for the App or the Services. You are also responsible for any and all activities that occur under your password or account or on the App as installed on your device. You agree to immediately notify Deez of any unauthorized use of the App or your account or any other breach of security. To the extent permitted by law, Deez will not be liable for any loss or damage arising from your failure to comply with this Section. You can delete the App or re-install the App at any time.

Deez is constantly improving its Services. Some features or functionality are provided temporarily or for beta testing purposes - to analyze the use of the Services and improve the user experience. Deez reserves the right to modify, discontinue, replace or remove any Services (including but not limited to beta Services) temporarily or permanently at any time in FaceApp’s sole discretion, with or without notice. You agree that Deez will not be liable to you or to a third party for any modification, discontinuance, replacement or removal of any Services.

The Services are not created and are not intended for commercial use. Please note that no licenses or permissions to use Deez Content or Services, nor your subscription are transferable to anyone else, and the functionality provided by your subscription and the Services is only for personal use and cannot be used for commercial purposes. For clarity, commercial use entails any use of the Services involving a financial transaction or contributing to financial gain. For example, it is forbidden to edit photos and videos using the Services to provide any services for third parties.

Deez’s name and logos are trademarks and service marks of Deez (collectively the ”Deez Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Deez. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Deez Trademarks displayed on or through the Services, without our prior written permission in each instance. All goodwill generated from the use of Deez Trademarks will insure to our exclusive benefit and you agree to sign any documents assigning such goodwill to us on request.

18. COPYRIGHT COMPLAINTS

18.1 Digital Millennium Copyright Act (DMCA) Compliance

Deez respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Deez of your infringement claim in accordance with the procedure set forth below. Deez will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), the EU Digital Copyright Directive and other applicable intellectual property laws with respect to any alleged or actual infringement.

18.2 Procedure for Reporting Copyright Infringement:

If you believe that material or content residing on or accessible through Deez's websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Deez is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number, and, if available, e-mail address;
• A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

If we receive a takedown notice in accordance with the foregoing, we will remove the material cited in the notice and attempt to notify any user who uploaded the allegedly infringing material if we have their contact information. Any such user will have the opportunity to submit a “counter-notice” as set forth below. If we determine that any user has repeatedly infringed upon the intellectual property rights of others, we will disable any accounts that user has with us when appropriate.

18.3 Procedure to Deliver Counter-Notice:

If any user believes that material removed is either not infringing or that such user has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:

• A physical or electronic signature of the user;
• Identification of the material that has been removed and the location at which the material appeared before it was removed;
• A statement that the user has a good faith belief that the material was removed as a result of mistake or a misidentification of the material; and
• The user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user's address is located, or if the user's address is located outside the United States, for any judicial district in which Deez is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Deez will forward a copy of the counter-notice to the original complaining party informing that person that Deez may restore the removed material following 10 days. The original complaining party will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Deez does not receive any such notification within 10 days, we may restore the material, at our discretion.

To the extent permitted by law, Deez will not be responsible for User Content that is used and transformed by users of the Services. In cases of violations of your copyrights or other protected rights by User Content or Transformed Content, you should contact particular users, as well as Internet resources for posting this content. Deez does not collect or store user data that can provide assistance in finding such violators.

WOTO DİJİTAL HİZMETLERİ A.Ş attaches great importance to confidentiality, intellectual property rights including copyrights and personal data; takes care to be transparent about them. While using WOTO DİJİTAL HİZMETLERİ A.Ş Apps, Users declare and undertake to use WOTO DİJİTAL HİZMETLERİ A.Ş Apps following the principles in this Terms of Use and other texts provided to you by WOTO DİJİTAL HİZMETLERİ A.Ş. Users shall only upload materials they produce or are authorized to use to WOTO DİJİTAL HİZMETLERİ A.Ş Apps. Users declare and undertake to not infringe any rights of other Users under this Terms of Use.

However, if you believe in good faith that materials transmitted or created through Deez App infringe your copyright, your personal right or privacy; please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at [email protected], via our Copyright or Personal Right Infringement Form, or at:

Company Title: WOTO DİJİTAL HİZMETLERİ A.Ş
Address: Esentepe Mah. Büyükdere Cad. Ferko Signature No: 175, Kolektif House iç kapı no:5, Şişli/İstanbul 34360
Email: [email protected]

19. ENVATO LICENSED CONTENT

19.1 Licensed Sounds:

The Application exclusively includes sounds and audio effects that have been licensed from Envato. These sounds are licensed for specific uses within the Application and are not owned by WOTO DİJİTAL HİZMETLERİ A.Ş.

19.2 Restrictions on Use:

You acknowledge and agree that the licensed sounds from Envato are provided under license and are subject to specific usage restrictions. You may not, under any circumstances, copy, distribute, or use these sounds outside of the Application without obtaining the appropriate licenses from Envato.

19.3 Compliance with Envato License: