EXMO Messenger Privacy Policy

Last updated: June 29, 2024

This privacy policy is an inseperable addition of User Agreement, Confidentality Agreement and Terms & Conditions.

This privacy policy governs User’s use of the mobile applications (Application) that are hosted at Controller’s Mobile App Account in Google Play Store and Apple App Store. The contents published on these Applications were provided by the Controller. This information provided through these applications may not have any legal sanctity and are for general reference only, unless otherwise specified. However, every effort has been made to provide accurate and reliable information through these applications. Users are advised to verify the correctness of the facts published here from the concerned authorities. Controller will not be responsible for the accuracy and correctness of the contents available in the application.

Controller has built mobile applications. These mobile applications are provided by Controller is intended for use as is by the general public and consumers.

This application is used to inform visitors regarding Controller’s policies with the collection, use, and disclosure of information if anyone decides to use these services.

If User chooses to use these services, User hereby agrees to the collection and use of information in relation to this policy. The personal information that is collected is used for providing and improving the services. Controller will not use or share User’s information with anyone except as described in this Privacy Policy.

DATA/INFORMATION COLLECTION AND USE

The Applications may obtain the information and data User provides when User display, view, access to the service platforms, download or register the Application or clicking the links which direct to third party Web Sites. Registration is optional. However, User may not be able to use some of the features offered by an Application unless User register or pay the consideration which is a determined price for such feature or service. Registration shall burden liabilities under the circumstances foreseen by and in paralell to Privacy Policy and Confidentality Agreement.

For a better experience, while using the service and application, Controller may require User to provide with certain personally identifiable information, including but not limited to the phone number. When User register and use the Application, User burdens to share and provide (a) name, email address, age, user name, password and other registration information; (b) download or use applications from Controller; (c) information provided when User contact the Controller for help and (d) information that User enter into the Controller’s system when using the Application, such as contact information and other details.

The information User provided may be used to contact the User from time to time to provide User with important information and required notices.

The app does use any third party services that may collect information used to identify User.

The controller hereby discloses that in the circumstance of any Turkish or Azerbaijani Court requires any data regarding the subject user from Controller’s system and data repository, the Controller burdens to share and provide the related and relevant data or information such the User provided in any period of using the application. User, by registring or by use of application gives consent to Controller that any kind of data and information related to the User shall be shared and provided to the Courts.

AUTOMATICALLY COLLECTED INFORMATION

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device User utilizes, User’s mobile devices unique device ID, the IP address of User’s mobile device, User’s  mobile operating system, the type of mobile Internet browsers User use, and information about the way User use the Application.

When User visits, uses or demands to utilize the mobile application, it may use GPS technology (or other similar technology) to determine User’s current location in order to determine the city User is located within and display a location map. The location information may be sent to authorities for taking necessary actions and making policy decisions.

User, if does not consent for the purposes set forth above, shall turn off the location services for the mobile application located in account settings or in mobile phone settings and/or within the mobile application. However, if the service provided by the Application requires the location services using GPS technology, such services offered by the application will not be available.

Controller shall disclose data and information User provided and Automatically Collected Information as required by law, such as to comply with a subpoena, or similar legal process when the User is acting in good faith that disclosure is necessary to protect rights, protect User’s safety or the safety of third parties, investigate fraud, or respond to a government request with Controller’s trusted service providers hereunder mentioned, do not have an independent use of the information Controller disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.

User can stop all collection of any terms of data and information hereby arranged by the Application easily by uninstalling the Application. User may use the standard uninstall processes as may be available as part of User’s mobile device or via the mobile application marketplace or network. User may terminate his/her account in paralell to the User Agreement and have right to demand removal of the datas which under Turkish Law the Controller does not have duty to retain for specified time period.

DATA POLICY

Controller will retain User provided data for as long as User use the Application and for a reasonable time thereafter in paralell to Turkish Law. Controller will retain Automatically Collected information also for a period of time stated in paralell to Turkish Law depending on the nature of application and thereafter may store it in aggregate. The several or all of the User Provided Data may be required in order for the Application to function properly.

The user has right to apply to the Controller to use the rights of hereunder mentioned:

1. To ascertain the process of the personal datas,
2. If the datas are processed, user shall request information regarding the process,
3. Ascertain the purpose of the process and request information whether the datas are processed in paralell to the purpose.
4. Know the third parties in the country or abroad to whom personal data have been transferred,
5. equest deletion or destruction of personal data within the framework of the conditions set forth under the confidentality agreement and privacy policy hereby agreed,
6. Request notification of the operations made as per indents (d) and (e) to third parties to whom personal data have been transferred,
7. Object to occurrence of any result that is to her/his detriment by means of analysis of personal data exclusively through automated systems.

Controller is not liable from the damages incurred due to unlawful processing of personal data unless the Controller has acted with direct intent or gross fault.

Controller retains the right to use the data provided by user in the way to develop and enchance the interests of the users and community. To achieve these, user hereby grants Controller to make relevant advertisings and commercials in accordance with the datas. The controller shall retain the right to demonstrate same advertisings or commercials continuously reappearing. The Controller has burden to ensure that the ads are properly displayed and the displaying shall not hinder or harm the user’s enjoyment and satisfaction. Controller is not liable from any consequential, incidental or exemplary damages user has suffered from the content of the advertisings. The Controller is not responsible to detect and inspect the advertisings whether the advertisings contain harmful aspects. The Controller shall remove the advertisings or any commercials if the users have applied to the Controller and notify that the commercial is (i) unlawful, (ii) maleficent, (iii) contains crime factors. The User shall notify such advertising or commercial urgently notwithstanding the provision that Controller has no liability over the all commercial including the chromatics, elements, compounds, content, concept, context of the commercial.

MISUSE BY NON-TARGETED USERS.

All apps are meant for use by the targeted audience only. Misuse by nontargeted users should be prevented by owner of the mobile. Except the Controller has induced the misuse with direct intent or gross fault, in any kind of circumstance of misuse by nontargeted users, the Controller is not liable from any types of any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of this application.

SECURITY

Controller is concerned about safeguarding the confidentiality of User’s information. Controller is responsible to provide physical, electronic, and procedural safeguards to protect information Controller processes and maintains. For example, limiting access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Application. Although the Controller endeavour to provide reasonable security for information Controller processes and maintains, no security system can prevent all potential security breaches. Controller is obliged to take all precautions to secure the datas preserved in the application. The controller is not liable from slight negligence regarding the failure to execute the duty to security.

CONSENT

By any terms of use, copy, download, preserve, dispose of  the Application, User is  consenting to Controller’s processing of data and information as set forth in this Privacy Policy now.

LOGGING DATA

User is informed that at the time User uses this service, in a case of an error in the app Controller collect data and information (through third party products) on User’s phone called Log Data. This Log Data may include information such as User’s device Internet Protocol (“IP”) address, device name, operating system version, any algorithms for certain lawful purposes, the configuration of the app when utilizing my Service, the time and date of User’s use of the Service, and other statistics.

SERVICE PROVIDERS

Controller may employ third-party companies which are to be published before the sharing of information and individuals due to the limited following reasons:

• To facilitate the service Controller provides;
• To provide the service on Controller’s behalf;
• To perform Application-related services; or
• To assist Controller in analyzing how the service is used.

Controller informs User of this Application that these third parties have access to User’s personal information. The reason is to perform the tasks assigned to them on Controller’s behalf. However, they are obligated not to disclose or use the information for any other purpose. If in any circumstance User will not consent to the third-party companies which are to be published with all Users and the consequences of giving consent or not giving consents are to be delivered in detail, the Controller has right to terminate the service related to the Application and Controller is hereby privileged to delete the information and datas which the User shared in registration to the application from the system, therefore the rights registration has provided are to be pended and remain uneffective until the consent to the third-party companies is given. The duties and burdens of registration shall remain effective until all the datas and informations regarding account or registration is to be deleted. The confidentality agreement provisions are reserved.

The removal of the datas are processed by Controller in paralell to the User agreement and Turkish Law.

REDIRECTIONS

This Application and services hereby agreed may contain links to websites. If User clicks on a third-party link, User will be directed to that site. External sites are not operated by Controller except the Controller states writingly. Therefore, User is under the burden to review the Privacy Policy of the redirected websites. Controller hereby discloses, unless notified in the future, that Controller has no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

EXCEPTIONS TO THE POLICY

These Services do not address anyone under the age of 18 or the anyone without sound mind or mental competence. Contoller do not knowingly collect personally identifiable information from children under 18. In the case Controller discover or notified that a child under 18 has provided us with personal information, Controller will immediately delete this from the servers. If you are a parent or a legal guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

ALTERANCE OF THE POLICY

Controller shall update our Privacy Policy from time to time. Thus, User is advised to review this page periodically for any changes. Controller will notify User of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page. Controller retains the right to update and modificate at any time and notify the users, mere to Controller’s discretion.

TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT

ACCOUNT

In order to open an account, you will be asked to provide us with certain information such as an account name and password.

EXMO PROJECT LLP is not responsible, in any means of maintaining the confidentiality of your account, your password and for restricting access to your computer. If you allow others to use your account datas, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to the application upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.

Unless it is consented in writing by the moderators of the application or the authorities of EXMO PROJECT LLP, you may not sell, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. EXMO PROJECT LLP reserves all available legal rights and remedies to prevent unauthorized use of the application services including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

EXMO PROJECT LLP is not liable from in any means of use, access, share or sell of the account or the compounds or rights which are derived from the agreement by Third Parties.

USE OF DEVICES

Access to the application services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Twitch Services.

MODIFICATIONS

The EXMO PROJECT LLP may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the application services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.

DELETING ACCOUNT

If you wish to delete your account, you can do so on the deactivation page by following the link https://exmomessenger.com/delete-account. Deleting your account will result in the removal of all messages, media files, contacts, and other data stored in the cloud storage of EXMO Messenger.

USER AGREEMENT

This user agreement hereby agreed has taken shape to provide the user facilities regarding the quality of service. The ‘’Service’’ is related to the visual and vocal communication in any specific means of chat, live stream, video call and video meetings, sending visual datas and vocal records and any information exchange running through the application. User may open an account to obtain better quality of service, user may open a blog and publish posts, user may release and record a live stream, brodcast and any kind of transmission. User may chat and video call the other users in respect to the provisions of this agreement hereby agreed between:

EXMO MESSENGER and its services are operated and maintained by EXMO PROJECT LLP,("Controller"), and provided to you, the user ("You" or "User" or "End-User"), conditionally upon Your acceptance of the terms, conditions, and notices contained herein without modification (the "User Agreement").

You should review this User Agreement carefully before continuing. If You breach the User Agreement, Your authorization to use the application in the subject account will be automatically terminated.

1.PARTIES

The User Agreement (“Agreement”) arranged herein is agreed via in use, share, register, display, view, download, preserve, dispose of the application within terms and conditions below by and between EXMO PROJECT LLP (“Controller”) and User (‘’User’’) of the EXMO MESSENGER (‘’Application’’) or (‘’application’’)

Other definitions are stated in the clauses.

2.ACCEPTANCE OF THE TERMS

2.1 You accept this User Agreement by using the Services or clicking to accept or agree to the Terms, where this option is made available to You by Controller in the user interface for any Service. You may not use the Service and may not accept this User Agreement if (i) You have previously been informed by Controller that it no longer wishes to make the Services available to You, or (ii) You are a person barred from using the Services under applicable law, or (iii) You are not an Authorized User (defined below).

3.ELIGIBILITY

3.1 Use of the application and Services is limited to Authorized Users (as defined below) who are eighteen (18) years of age or older and/or have legal capacity to form a binding contract or, as set forth below, Authorized Users who are under 18 years of age with consent of a parent or guardian.

3.2 If You have not reached the age of majority in Your jurisdiction of residence ("Not of Majority Age"), You may not use the application except with the supervision and permission of a parent or legal guardian. Unless You are using this service through an integration, if You are Not of Majority Age, You must have a parent or legal guardian review and agree to this User Agreement by clicking the "I agree - Create Profile" button below.

4.SERVICES

4.1 The application offers certain services, together with other content, data, records, live streams, broadcasts, visual and vocal particulars, blog posts, images, emojis,gifs, information and other materials.

4.2 You acknowledge and agree that the form and nature of the Services and the application which the Controller provides may change from time to time without prior notice to You. You acknowledge and agree that Controller may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to users generally at Controller’s sole discretion, without prior notice to You.

4.3 In connection with the Service, Controller may make available to User, or Customer may separately license, certain third party products (collectively, the "Third Party Products"). Except as otherwise provided in the third party licensor's license agreement, if any, accompanying the Third Party Products, Customer shall have a limited, non-transferable (except to a successor entity), non-exclusive license to use the Third Party Products solely in connection with the Services. Except the advertisings and commercials and as otherwise provided in the third party licensor's license agreement, if any, accompanying the third party products, the third party products are provided "AS-IS", without warranties of any kind and Controller and the third party licensor disclaim all warranties with respect to the Third Party Products, including but not limited to, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose. In no event will Controller or the third party licensor be liable to User, Customer, or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages arising out of the Third Party Products, even if they have been advised of the possibility of such damages or losses.

The Services, including those of Controller’s vendors, licensors, and service providers, should be considered as one piece of evidence about providing proper communication,as it is above-mentioned,to the users.

4.4 You understand and agree that the Service may not be used for any other purpose, or provided to any other party, than as described herein. You shall indemnify and hold Controller and its licensors, vendors, and service providers harmless from any and all claims arising out of Your use of the Service or use of the any means of information,visuals,vocals,records,screenshots,documents transmitted personal datas regarding, GPS location, IP address, ID card, telephone number and all datas used in the data traffic.

4.5 Premium Subscription

Exmo Messenger offers a Premium subscription plan with the following options:

- One Month Subscription: $9.99 USD

- One Year Subscription: $99.99 USD

Users can also opt for a one-day trial of the Premium subscription by viewing an advertisement.

The Premium subscription includes additional features and benefits, enhancing the overall user experience.

5.LICENSE BY THE CONTROLLER

5.1 Subject to Your compliance with the User Terms, Controller hereby grants You a non-transferable, non-exclusive license to use and access the Services and application, solely for non-commercial use. No other license is granted by implication, estoppel or otherwise.

5.2 For the avoidance of doubt, no license is granted to user to do any of the following, and user agrees not to do any of the following: (i) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, scrape, gather or sell any information or Services from the application or the linked services without the prior written consent of the Controller, (ii) market, rent, lease, or re-license the Services, or use the Services for third party commercial use, commercial timesharing, or service bureau use, and (iii) cause or permit the disassembly, decompilation, recompilation, or reverse engineering of any technology underlying the application.

6.OWNERSHIP

6.1 This User Agreement grants Controller and its affiliates, vendors, service providers and licensors only a non-exclusive right to Your data solely for the purposes of communication and connecting with people and the other Services provided as part of Controller.

6.2 All materials created by the Services, including the format of reports evaluating textual sources, and all intellectual property rights related thereto are owned by EXMO PROJECT LLP or its suppliers. The application is protected by Turkiye and international intellectual property right laws. With the exception of the limited right to access the Services described above, nothing contained herein shall be construed as granting the user any right, title, or interest in the Services or any of EXMO PROJECT LLP’s or its affiliates', vendors', service providers' or licensors' intellectual property or proprietary information. Any rights not expressly granted to user by this User Agreement or any other agreements agreed hereby with EXMO PROJECT LLP are reserved by EXMO PROJECT LLP and/or its affiliates, vendors, service providers and licensors.

7.LICENSE BY USER

Individual Data Transferrance:

7.1 If You submit an image, visual, vocal or other data and content in connection with the Services, You hereby grant to Controller (and, if necessary for providing the Services its affiliates, vendors, service providers, and licensors) a non-exclusive, royalty-free, perpetual, worldwide, irrevocable license to use such visuals, vocals and documents for the limited purposes of a) providing the Services, and b) for improving the quality of the Services generally stated in the Terms of Use. You also grant the license to Communications as disclosed below. The licenses shall survive the termination of the User Agreement. Any cessation of the use of the application or Services shall not result in the termination or expiration of this license. Nothing shall prevent Controller and its affiliates, vendors, service providers and licensors from using information independently created by them. You may at any time request that Controller and its service providers delete each data that you individually identify to us through the service platform or system administrator.

Communications Other Than the Service:

7.2 No Controller’s employees, representatives, affiliates or other connected persons use the content of submissions for any reason other than those pursuant to fulfilling our user-customer support obligations. Unless otherwise indicated in the application, including our Privacy Policy any communications involving material of any kind of user e-mails, posts, or any visual and vocal documents, records and writings transmitted through the application, including, questions, comments, suggestions, and other data and information ("Communications") will be treated as non-confidential. You grant EXMO PROJECT LLP a non-exclusive, royalty-free, perpetual, worldwide, irrevocable license to reproduce, transmit, display, disclose, archive and otherwise use Communications on the application or otherwise for our business purposes. The application EXMO Messenger is free to use any ideas, concepts, techniques, know-how or information in Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications. For example, if you were to suggest a feature for us to add to our Service or application, we would be free to do that without your further permission or the need for compensation to be made to you. This Communication license expressly excludes personally identifiable Registration Data of any images, visuals, icons, vocals, records. The Controller reserves the right to review and use these materials to implement ban or optional sanctions. These exceptions are to in any means to ensure and maintain the services sustainable.

8.TERMINATION

8.1 EXMO PROJECT LLP may, in its sole discretion, suspend or terminate user’s access to the application to (i) prevent damages to, or degradation of, the Services; (ii) comply with any law, regulation, court order, or other governmental request; (iii) otherwise protect the firm from potential legal liability; or (iv) in response to user’s breach of this User Agreement. EXMO PROJECT LLP shall use reasonable efforts to provide You with notice prior to or promptly following any suspension of access to the application. In addition, user’s materials may be deleted at the request of the users. In its sole discretion, EXMO PROJECT LLP may restore access to the application within a reasonable time period after the event giving rise to suspension has been resolved to EXMO PROJECT LLP’s satisfaction.

8.2 You may stop using the Services at any time. You do not need to specifically inform the firm or moderators of the application when You stop using the Services. You may delete Your account at any time. You may demand removal of any data transferred by You to other users or to Controller. Controller’s other obligations are reserved.

8.3 You acknowledge and agree that if EXMO PROJECT LLP disables access to Your account, or terminates Your account, You may be prevented from accessing the Services, Your account details or any files or other content which is associated with Your account.

You Agree to Use the Application for only Appropriate Purposes.

8.4 You agree to use the Services only for purposes that are permitted by (a) this User Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Turkiye, Azerbaijan or other relevant countries). You agree not to access (or attempt to access) any of the Services or application by any means other than through the interface that is provided by Controller. You agree not to access (or attempt to access) any of the Services or application through any automated means (including use of scripts or web crawlers) and shall ensure that You comply with the instructions set out in any file present on the Services or application.

8.5 You may not transmit any datas or Communications on or through the application that (a) restricts any other user's enjoyment of the application or service, (b) is unlawful, threatening, abusive, libelous, defamatory, pornographic, profane or otherwise offensive, (c) constitutes or encourages criminal conduct, gives rise to civil liability, or otherwise violates any law, (d) violates or infringes the rights of any third party including, without limitation, patent, copyright, trademark, privacy or any other proprietary right, (e) contains a virus or other harmful component, or (f) contains false or misleading indications of origin or statements of fact. Controller reserves the right, but shall have no obligation to edit or remove any Communication, in whole or in part, that in Controller sole discretion is objectionable, disruptive to the application or in violation of this User Agreement. Controller reserves the right to immediately suspend Your access to the application in the event of any violation of this provision. Controller is not responsible to check,inspect and detect the content and contexts unless the Controller is notified from such circumstance or the legal notice,warrant,verdict or writ regarding the unlawful document or situation is issued and disclosed to the Controller. Controller reserves right to bring action to such content or context related to the violation of Controller’s intellectual property rights,patents,copyrights and all means of ownership rights.

8.6 As a condition of Your use of the application and the Services, You agree that You will not use the application and services for any purpose that is unlawful or prohibited by this User Agreement. Except as provided in this User Agreement, any use of any the Services on any other Web site or networked computer environment for any purpose is prohibited. You may not frame or utilize framing techniques to use, surround or enclose any portion of the application without Controller’s express written consent.

Procedure for Making Claims of Copyright Infringement

8.7 EXMO PROJECT LLP is registered as the Service Provider. Any notifications of claimed copyright infringement must be sent to our Copyright Agent:

[email protected]

8.8 EXMO PROJECT LLP respects the intellectual property of others, and we ask our users to do the same. If You believe that Your work has been copied by a third party and posted to the application in a way that constitutes copyright infringement, please provide Copyright Agent the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that You claim has been infringed; 3. A description of where the material that You claim is infringing is located on the application; 4. Your address, telephone number, and email address; 5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

8.9 If You materially misrepresent material on the application as infringing, when it is not, or when You are not the lawful copyright holder, You may be liable for damages, including court costs and attorneys fees.

Privacy

8.10 By entering this User Agreement, You further represent that You have read and understand the Privacy Policy, Confidentiality Agreement, Terms & Conditions, Terms of Use, Terms of Service.

9.WARRANTY DISCLAIMER

9.1 The application and all information and services available through the application are provided ‘’ AS IS ‘’ with all faults and ‘’ AS AVAILABLE ‘’. Controller, its affiliates and licensords do not warrant that the application or services will meet your requirements or that any results or comparisons generated by the application will be complete or accurate. Controller, its affiliates and licensors do not warrant that access to the application or the operation of the services will  be uninterrupted or error-free or that defects in the application will be corrected. To the fullest extent permissible by law, controller, its affiliates vendors and licensors DISCLAIM all representations and warranties, express, implied or statutory, including, but not limtited to, conformity to any representation or description, merchantability, quality of information, quiet enjoyment, title, non-infringmenet and suitability for a particular purpose.

9.2 The services are accessed and used over the mobile phone, PC and internet. You acknowloedge and agree that Controller, its affiliates and licensors do not operate or control the internet and that: (i) Viruses, worms, trojan horses or other undesirable data or software; OR (ii) Unauthorized users may attempt to obtain access to and damage User’s data, computers, or networks. Controller, its affiliates, vendors and licensors shall not be responsible for such activities carried out.

9.3 Controller is not obligated to, monitor or review any areas of the application where user Communications may be made available, including, but not limited to, chat rooms, broadcasts, video meetings, blog posts, bulletin boards, and other user platforms and forums. Communications submitted by users do not necessarily represent the view or opinions of Controller. Controller does not preview user Communications before they appear on the application or the system. Controller will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. Controller retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. User’s right to apply for such removal is reserved.

9.4 Due to routine maintenance, updates or other technical reasons, the application and the Services may be temporarily unavailable from time to time. Controller assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any data submitted by You or any User Communications. Controller is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any application or combination thereof, including injury or damage to any Authorized User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the application and/or in connection with the Services.

10.LIMITATION OF LIABILITY

10.1 Neither EXMO PROJECT LLP, nor its affiliates will be liable under any damages of any kind (including without limiation direct, indirect, incidental, condequential, exemplary damages or damages resulting from lost profits, lost data or business interruption) arising from the use of the application or services or the information contained therein, however arising, even if such parties or any of their representatives have been advised of the possiblity of such damages. This limitation does not apply to the extent it is prohibited by law.

10.2 User agrees that regardless of the type of claim or the event will EXMO PROJECT LLP or the affiliates of it will be liable for any decision made or action taken in reliance upon any service provided and used or any information provided through the services.

Sole Remedies

10.3 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in those jurisdictions Controller’s liability under this agreement shall be limited to the restricted extent permitted by law. Also certain some jurisdictions do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights, you agree that under no circumstances shall you be entitled to injunctive relief with regard to the use or archiving any data submitted to the application.

Indemnification

10.4 To the extent allowed by applicable law, you agree to indemnify, defend and hold harmless, Controller, its affiliates, officers, directors, employees, agents, service providers and licensors, from any claims, losses, damages, deficiencies, liabilities, costs and expenses (including attorneys' fees and costs) arising from Your (a) use of the application or the Services, (b) violation of any third party's rights, including intellectual property rights and privacy, (c) breach of applicable law, or (d) breach of this User Agreement. For clarity, this indemnification applies both to direct claims between You and Controller and third-party claims. You agree to cooperate as reasonably required in the defense of any claim. Controller reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, You agree not to settle any such matter without the prior written consent of Controller. Your obligation to defend and indemnify Controller survives the termination of this User Agreement and Your use of the application.

11.MODIFICATION

11.1 Controller reserves the right to change the terms, conditions, and notices under which the application is offered from time to time and without prior notice.

12.GENERAL

(a) This User Agreement is governed by the laws of Turkiye. You hereby consent to the exclusive jurisdiction and venue of courts in Turkiye and Azerbaijan in all disputes arising out of or relating to the use of the application or the Services. You agree not to use the application in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

(b) This User Agreement constitutes the whole legal agreement between You and Controller and governs Your use of the Services (but excluding any services which Controller may provide to You under a separate written agreement), and completely replace any prior agreements between You and Controller in relation to the Services, except for a Registration Agreement as provided below.

(c) This agreement is assignable by Controller, including in connection with the sale of its business or reorganization or reincorporation. You may not assign or transfer the agreement without the prior permission of Controller, including in connection with a change of control. You agree that no joint venture, partnership, employment or agency relationship exists between You and Controller, as a result of this User Agreement or use of the application or the Services.

(d) Controller’s performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of Controller’s right to comply with law enforcement requests or requirements relating to Your use of the application or the Services or information provided to or gathered by Controller’s with respect to such use.

(e) To the fullest extent permitted under applicable law, You agree that any claim or cause of action arising out of or related to the application or the Services must be commenced within one (1) year after the cause of action arose. Otherwise, such claim or cause of action is barred forever.

(f) You agree that Controller may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

(g) If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remainder of the User Agreement shall continue in effect. You agree that if Controller does not exercise or enforce any legal right or remedy which is contained in this User Agreement (or which Controller has the benefit of under any applicable law), this will not be taken to be a formal waiver of Controller’s rights and that those rights or remedies will still be available to Controller.

(h) Controller makes no representation that materials in the application are appropriate or available for use outside of the Turkiye or Azerbaijan. Those who choose to access the application from other locations do so on their own initiative and at their own risk and are responsible for compliance with applicable laws.

(i) Controller, and other names of Controller products and/or services included on the application are the trademarks and service marks of Controller. Controller’s trademarks, copyrights and licences and service marks may not be used in connection with any product or service that is not Controller’s, in any manner that is likely to cause confusion among customers without express written permission. All other trademarks, service marks and logos used in the application are the trademarks, service marks or logos of their respective owners. Controller does not make any claims to the marks of others which might appear on the application. You gain no right to use any marks of Controller or any other entity by virtue of Your use of the application.

(j) The application contains hyperlinks to third party Websites. External hyperlinks to or from the application do not constitute Controller’s endorsement of, affiliation with, or recommendation of any third party or its Web site, products, resources or other information. Controller is not responsible for any software, data or other information available from any third party Website. You are solely responsible for complying with all terms and conditions of use for the third party sites. You acknowledge that EXMO PROJECT LLP shall have no liability for any damage or loss arising from Your access to, use of or reliance on any third party Web site, software, data, or other information.

This User Agreement is inseperable addition of Privacy Policy, Terms & Conditions and Confidentiality Agreement hereby agreed.