Policy
User Agreement
User Agreement
User Agreement
This User Agreement (“Agreement”) governs your use of the CALLEVEN marketplace platform offered by Calleven Yazılım A.Ş., a company with its registered address at Sinanpaşa mah. Süleyman Seba cad. No:14/5 Beşiktaş/İstanbul in Turkiye doing business as CALLEVEN (“we”, “us”, or “CALLEVEN”), including our website (calleven.com), mobile application (“App”), and services we provide through them (collectively, the website, App, and services referred to as our “Site”). (“You”, “caller”, “User”) refers to you as a user of the Site. (“Competent User”) refers to users that receive calls and messages on CALLEVEN. “Verified User” refers to users that went through our verification steps.
PLEASE READ THESE TERMS CAREFULLY. By using our Site and App or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by this Agreement. If you do not agree, do not access or use our Site and App. By using our Site as a Competent User or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by this Agreement. If you do not agree, do not access or use our Site and App as a Competent User.
Table of Contents
CALLEVEN Marketplace
CALLEVEN Voice Call
CALLEVEN Messaging
Acknowledgement
Additional Terms
Verified User
Eligibility
Terms of Sale
Ownership
General Provisions
Privacy
Third-Party Content and Interactions
Links
Changes to our Site
Termination and Reservation of Rights
Indemnification
Disclaimers and Limitations on our Liability
Copyright and Intellectual Property Policy
Other Provisions
Changes to this Agreement
Acceptable Use Policy
1. CALLEVEN Marketplace
By creating an account on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Site account using a false identity or providing false information or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username and password. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.
2. CALLEVEN VOICE CALL
You may call a Competent User on CALLEVEN App if he/she is available. You cannot call a Competent User if he/she is Busy, Offline or Unavailable.
With this Agreement, the User accepts and acknowledges the following conditions, contract provisions, additional protocols regarding the Voice Call order paid by the User.
CALLEVEN reserves the right to stop and cancel the Voice Call. CALLEVEN will not be responsible for any possible interruption.
Voice Calls will be maximum 15 (fifteen) minutes. After 15 minutes, the call will be terminated automatically through the system. The cost of Voice Calls is paid by the caller and the first minute is charged as an opening fee. Terminating a voice call in the first minute as a Competent User is not considered well by CALLEVEN and if it occurs excessively, your account may be terminated for a period of time or indefinitely.
During the first 10 (ten) seconds, the Competent User cannot terminate the call through the App.
In the following minutes, if the Competent User ends the call, User will be charged according to the previous minute., if the User ends the call, User will be charged according to the current minute. For example, for a call of 5 minutes and 37 seconds, if the Competent User ends the call, User will be charged for 5 minutes. If the User ends the call, User will be charged for 6 minutes.
Users can block people they do not want to make calls with on their profile page.
You can’t make calls for 20 seconds after you make a Voice Call.
The User accepts that CALLEVEN cannot be responsible for the quality of the sound and other elements of Voice Calls, and that the relevant issue will be evaluated within the scope of the device used by the User and the Competent User. CALLEVEN shall not be able to interfere with such elements.
Cancellation and refund requests for Voice Calls ordered and approved by the User with will result in negative results. The User accepts that cancellation and refund requests will not be taken into consideration by CALLEVEN.
Since CALLEVEN is responsible for providing an infrastructure that brings the two parties together, CALLEVEN cannot be held responsible for the content of the conversation in question. The User accepts that he/she or the Competent User will be fully responsible for the attributions within this scope and that he/she cannot show CALLEVEN as a party.
Fees and Payment
If a Competent User offers the CALLEVEN Voice Call feature, the price for each minute is displayed on the Competent User’s profile page and on the Voice Call button in the App. You agree to pay all amounts due in accordance with the payment terms in effect at that time. Check our 8. Terms of Sale for more information.
3. CALLEVEN Messaging
The User accepts the following terms regarding the Messaging service with the Competent User.
The User will be able to conduct Messaging in accordance with the provisions set forth in this Agreement.
CALLEVEN reserves the right to stop and cancel Messaging. CALLEVEN shall not be responsible for any possible interruption.
When sending a message, you are entitled to send a message with a minimum of 10 (ten) and a maximum of 250 (two hundred and fifty) characters.
After the User sends the message, the fee is debited from the digital content balance and the sent message cannot be canceled. The User accepts that cancellation and refund requests will not be taken into consideration by CALLEVEN.
If there is no reply to the message sent within 48 hours, the fee will be credited back to your digital content balance.
The User must pay attention to the content of the messages with the Competent User during Messaging. Users accept not to send illegal, offensive, threatening, slanderous, defamatory, obscene or otherwise objectionable messages.
CALLEVEN reserves its rights, in case the User violates the terms of the Messaging service or any obligation arising from this Agreement.
Since CALLEVEN is responsible for providing an infrastructure that brings two parties together, CALLEVEN cannot be held responsible for the content of the conversation in question. The User accepts that he/she or the Competent User will be fully responsible for the attributions within this scope and that he/she cannot show CALLEVEN as a party.
You agree and acknowledge that:
each Message you create is a Submission under the Site Agreement;
each Message from a Competent User is owned by the Competent User who created it, and subject to your payment in full, you have the right to use it solely for your own personal, non-commercial, and non-promotional use subject to this Agreement: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Message, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised; and
CALLEVEN will not be liable or responsible for any Submission or any Competent User Content (including any Message from the Competent User).
Fees and Payment
If a Competent User offers the CALLEVEN Messaging feature, the price for each Message is displayed on the Competent User’s profile page and on the Messaging button in the App. You agree to pay all amounts due in accordance with the payment terms in effect at that time. Check out 8. Terms of Sale for more information.
4. Acknowledgement
You acknowledge and agree that:
you hereby grant to each other User (subject to such User’s payment in full) and to the Competent User the following limited rights to use your Messages solely for their own personal, non-commercial, and non-promotional purposes, subject to these Additional Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display those Messages only on social media platforms and personal websites; in text and email messages; and in other personal storage media; and (subject to your payment in full) you may use Messages created by other Users and the Competent User in the same manner; in addition, you hereby grant to the Competent User the right to use your Messages to promote their participation on our Site;
each Message you create is a Submission under the User Agreement;
each Message is subject to the Acceptable Use Policy;
if you believe that a User or Competent User has violated the Acceptable Use Policy you may notify CALLEVEN in writing at [email protected];
CALLEVEN will not be responsible or liable for any Submission (including any Message from a User) or any Talent Content (including any Message from a Competent User).
5. Verification Badge
A verified badge is an icon verified that appears next to an CALLEVEN account's name in search and on the profile. It means that CALLEVEN has confirmed that an account is the authentic presence of the public figure, celebrity or brand it represents. We don't use the verified badge verified to endorse or recognize public figures or brands.
The verified badge verified is a tool to help people find the real accounts of public figures and brands, and it means that we have verified that this is a notable and authentic CALLEVEN account. A verified badge is not a symbol to show importance, authority or subject matter expertise.
Once verified, you may not change the username on your account, and verification cannot be transferred to a different account. CALLEVEN accounts that impersonate public figures or other people go against our User Agreement and aren't allowed on CALLEVEN.
If you want to become a verified user you can apply from our App. Once you apply there will be a reviewing period, 3-7 days.
There is a fee for applying for Verification badge, and it is not refundable whether you receive the badge or not. CALLEVEN may change the value time to time.
If your verification request is denied, you can submit a new request again.
Bear in mind that CALLEVEN can remove verified badges at any time, and may take away your badge or disable your account if you:
Advertise, transfer or sell your verified badge.
Use your profile picture, bio or name section to promote other services or activities that violate our User Agreement.
Attempt to verify your account through a third party.
If you provide false or misleading information during the verification process, we will remove your verified badge and may take additional action to disable your account.
While many public figures verify their account on CALLEVEN, not all public figures have verified badges verified.
6. Additional Terms
Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with this Agreement, the Agreement will govern unless the Additional Terms say that some or all of the Agreement don’t apply.
From time to time, we may change these Additional Terms. If we do, we will give you notice by posting them on our Site and updating the “Last Updated” date. The revised Additional Terms will be effective immediately. By using or continuing to use this product or service, you represent and warrant that you have read, understand, and agree to these Additional Terms.
7. Eligibility
Age: Users must be at least 13 years old (or, outside of the United States, the applicable legal age to enter into a contract) to use our Site. Competent User age 13 or older: Competent Users who are at least 13 years old may register directly. By registering, you represent and warrant that: (A) you are at least 13 years old (and, if between 13 and 18 years old, are registering with the supervision and with the consent of your parent or legal guardian, who also agrees to these terms); (B) you are of legal age to form a binding contract; (C) you are (and if you are between 13 and 18 years old, your parent or legal guardian is) not barred from using our Site under the laws of the United States, your place of residence (and if you are between 13 and 18 years old, the place of residence of your parent or legal guardian), or any other applicable jurisdiction; and (D) you are (and if you are between 13 and 18 years old, your parent or legal guardian is) responsible for complying with all applicable laws and regulations relating to Competent User’s participation on our Site and will fully indemnify the CALLEVEN Parties (defined below) for any failure to do so.
Eligibility Representations and Warranties: You represent and warrant that:
you have not been prohibited from using or accessing any aspect of our App by us or pursuant to any applicable law or regulation;
you will comply with all applicable terms of any third-party payment provider we select, and you are not on a prohibited list of that payment provider;
you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
you are not a convicted sex offender.
Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by Turkey, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country embargoed by the Turkey. By using our Site, you represent and warrant that: (x) you are not located in a country that is subject to a Turkish government embargo or that has been designated by the Turkey as a “terrorist supporting” country; and (y) you are not listed on any Turkish government list of prohibited or restricted parties.
You will not use the Site or any CALLEVEN product or service for any partisan political purpose - including to promote or solicit contributions on behalf of your candidacy for public office, the candidacy of another person seeking public office, any political party or political committee, or any other person or organization promoting or soliciting contributions on behalf of any candidate for public office or political party.
8. Terms of Sale
Certain products, services, and content may from time to time be made available to you (“you” or “User”) by Calleven Yazılım A.Ş. or their affiliates (referred to herein as “us”, “we”, or “CALLEVEN”) in connection with the website available at http://www.calleven.com/, CALLEVEN’s network of websites and software applications, or other products or services offered by CALLEVEN (the “CALLEVEN Services”). By purchasing products, services, or content, including any purchases made as a gift to another user, through the CALLEVEN Services that link to these Terms of Sale (“Ancillary Products and Services”), you signify that you have read, understand, and agree to be bound by the Terms of Sale in effect at the time of purchase (“Terms of Sale”). Your purchases of Ancillary Products and Services and your use of the CALLEVEN Services are also governed by CALLEVEN’s User Agreement (“Agreement”), into which these Terms of Sale are incorporated by reference.
Modifications of these Terms of Sale
CALLEVEN may amend any of the terms of these Terms of Sale by posting the amended terms and updating the “Last Updated” date above. Please check these Terms of Sale periodically for those changes. Any modified terms will apply to any purchase made after such changes are posted on the CALLEVEN Services. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the CALLEVEN Services.
Purchase Qualifications; Account Security
To make a purchase on the CALLEVEN Services, you must be a registered CALLEVEN Services user and comply with these Terms of Sale and the Agreement. You acknowledge that you are responsible for maintaining the security of, and restricting access to your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. CALLEVEN sells its Ancillary Products and Services only to those users who can legally make purchases with a credit card. If you are between the ages of 13 and 18 (or the legal age of majority in your state of residence), you may make purchases on the CALLEVEN Services only with the permission of a parent or guardian. CALLEVEN reserves the right to refuse or cancel orders or terminate accounts at any time in its sole discretion.
CALLEVEN, in its sole discretion, may make Cems available to CALLEVEN users to display, present or otherwise use in your profile page for Voice Calls or Messages, or by other means. “Cems” means digital content (i.e., colored emoticons) that allow CALLEVEN Service users to celebrate moments and express appreciation for Competent Users using the Voice Call and Messaging feature on the CALLEVEN Service. You will receive 10 U.S. cents ($.1) per Cem that is used by a User for calling or messaging, or other means (“Cems Revenue Share”), in connection therewith. Cems Revenue Share will be split 75% to you and 25% to us. You must comply with the Cems Acceptable Use Policy, including its restrictions on solicitation of Cems, as updated from time to time, in order to receive the Cems Revenue Share. The Cems Revenue Share may be adjusted by CALLEVEN from time to time, in its sole discretion, including, for Cems received by users on a promotional basis, purchased in different local jurisdictions or as otherwise required to prevent harm to CALLEVEN’s business interests. In addition, CALLEVEN, in its sole discretion, may determine not to provide you with Cems Revenue Share for any use of Cems that is not consistent with the Cems Acceptable Use Policy. CALLEVEN reserves the right to stop offering or supporting Cems at any time.
Cems and Rewards
Ancillary Products and Services that CALLEVEN may offer for promotional or sales purposes may include Cems ("Cems") that enable users to communicate with a Competent User. CEMs are digital content such as colored emoticons. Ancillary Products and Services may also include certain rewards or benefits provided to Cem Users ("Rewards").
The Cems and Rewards will collectively be referred to as "Digital Content".
Your use of the Digital Content, the Cems, is subject to CALLEVEN's User Agreement.
1 (one) Cem is digital content with a value of $0.1 and it has no monetary value (i.e., it is not cash or its equivalent) and is not a substitute for currency or property of any kind. Digital Content may not be sold or transferred to third parties, including other Users, may not be used outside the CALLEVEN Services, and may not be exchanged for cash or any other goods or services. Users may not claim any ownership, intellectual property, proprietary or monetary interest in any promotional or purchased Digital Content. Such content remains CALLEVEN Digital Content subject to the CALLEVEN User Agreement. Except as required by applicable law in your jurisdiction, Digital Content is non-refundable. Users are not eligible for refunds for digital items or experiences in the Cems used or activated for Voice Calling and Messaging. You may not buy, sell, barter or trade any Digital Content. You also may not offer to buy, sell or trade any Digital Content (whether for monetary or any other consideration or items of value inside or outside of the CALLEVEN Services). CALLEVEN and Users agree that any such attempted transfer shall be null and void.
CALLEVEN may immediately suspend or terminate the Digital Content for any reason or no reason at all, in our sole discretion and without prior notice or liability of any kind. CALLEVEN may at any time increase the number of Cem required to win a Reward, withdraw any Reward and restrict any Reward or the use of any Reward. Such changes may affect the functionality of the Digital Content or the ability to obtain certain Rewards. Users should not rely on the continued availability of any Reward or Reward level, category or tier.
CALLEVEN reserves the right to change or update its inventory of Digital Content without notice. CALLEVEN reserves all right, title and interest in and to the Digital Content and Digital Content inventories and all related copyright, trademark and other intellectual property rights. Any unused Digital Content inventory will be transferred to CALLEVEN upon termination of your CALLEVEN account.
CALLEVEN may allow Users to automatically renew their existing Cem through a registered payment method after reaching a certain renewal threshold by enrolling in a program that automatically adds Cem to their account. By enrolling in such a program, you authorize CALLEVEN to charge the amount specified at the time of enrollment to the payment instrument on file with CALLEVEN to renew your Cems when your account reaches a certain renewal threshold. CALLEVEN reserves the right to cancel or change this program (including changing the prices of Cem packages) at any time. In the event of any cancellation or modification, we will provide notice of such cancellation or modification unless you cancel your registration. The new conditions (including the price change) will take effect at the time of the next renewal.
The fees for the services provided by CALLEVEN are set out on the "calleven.com" website and mobile application. Fees and fee changes will be effective from the moment they are announced by CALLEVEN on the website and mobile application.
CALLEVEN has the right to charge a commission (service fee) for services within the scope of sales contracts at a rate determined by itself. The commission is included in the advertised price and CALLEVEN has the right to change these fees and rates from time to time.
CALLEVEN does not guarantee that the Digital Content will be available at all times or for any period. CALLEVEN does not guarantee that we will continue to make Digital Content available for any particular period of time. CALLEVEN may modify the Digital Content at its sole discretion. These changes may make the Digital Content less or more widely available, attractive, effective or functional.
CALLEVEN reserves the right to disable any User from the CALLEVEN Services for any reason or no reason at all. Once a User is deactivated, the Digital Content accumulated by the User will expire and may not be reactivated. If digital goods for the CALLEVEN program are discontinued, CALLEVEN may, in its sole discretion, allow a reasonable period of time from the date of the announcement of program termination for you to redeem your remaining items. Any items purchased or accumulated up to the termination date that remain in your account will expire and will not be redeemed.
Cems Acceptable Use Policy
Cems are digital content (i.e., colored emoticons) that can only be purchased from CALLEVEN. CALLEVEN initially introduced Cems as a way for Users to appreciate the time Competent Users spent for them.
We want to build a positive experience with Cems on CALLEVEN for Competent Users and their community. One way to do that is to introduce a common understanding of how Cems can serve the community on CALLEVEN, in addition to identifying activities that are not appropriate with Cems. Publishing this Acceptable Use Policy (“Policy”) is a step in that direction.
Application
This Policy applies to any CALLEVEN Users or Competent Users that purchases, obtains, interacts with, or otherwise uses Cems. We may change this Policy from time to time with such changes effective upon posting online or otherwise providing you an updated version. We encourage you to review this Policy on a regular basis. Your use of Cems is further subject to and governed by CALLEVEN’s User Agreement.
Usage Guidelines
Two ground rules to orient your Cems experience. Keep these principles in mind whether you are a Competent User, User, or any other party:
Cems are not a money instrument.
Cems are digital content intended to be purchased and consumed on CALLEVEN, and do not serve as a currency.
Refunds
Refund Policy
When you make a purchase or receive a gift through the CALLEVEN Services, including third party services, you will have immediate access to and immediate use of the Ancillary Products and Services you purchased. Accordingly, except as provided in these Terms of Sale and to the extent permitted by applicable law, post-purchase cancellation is not permitted. CALLEVEN reserves the right to change this refund policy at any time as set forth below.
Except as otherwise provided in these Terms of Sale or as required by applicable law in your jurisdiction, digital products cannot be returned after purchase.
Right of Termination/Cancellation in the European Union, European Economic Area and United Kingdom
Persons residing in the European Union, the European Economic Area or the United Kingdom who are Consumers may have the right to terminate or cancel the contract for the purchase of Ancillary Products and Services during a certain familiarization period under these Terms of Sale. When and how this right applies is set out in the EU, EEA and UK Information on Consumers' Right of Termination.
Payment Methods and Terms
We accept major credit cards, certain debit cards, Wise and/or other similar payment methods that we make available on our Site from time to time ("Payment Methods"). You are subject to all terms and conditions of the payment method you choose. When you submit an order through the CALLEVEN Services, you represent and warrant that you are authorized to use the Payment Method you specify and authorize CALLEVEN or the applicable payment processor to charge the purchase amount, including all taxes and fees, to the Payment Method you specify. All payments will be made in US dollars, except where different currencies are offered through other Payment Methods provided by CALLEVEN.
REMINDER: Our payment processing partners may require you to provide certain personal data (e.g., your government-issued government ID, legal name, address and date of birth) in order to make payments through their financial institutions and to comply with applicable international, national, federal, state and local laws and regulations. They may also contact you directly about any issues related to a payment.
If a purchase is declined online due to issues with your Payment Method, we may automatically suspend or cancel your order. It is your responsibility to resolve any issues you encounter in order to proceed with your purchase. Please contact customer support if the transaction is not accepted online.
CALLEVEN may impose additional transaction fees based on the transactions associated with the CALLEVEN Services, including transaction fees applied to purchases from third parties. Such transaction fees will be clearly displayed before the relevant transaction is completed.
Warranty Rights in the EU/EEA/UK/Switzerland
In the event of any deficiencies in conformity with any digital content and services, persons residing in the European Union or the European Economic Area, the United Kingdom or Switzerland who are Consumers have warranty rights under applicable law. Such rights shall not be affected by these Terms of Sale. In such case, CALLEVEN provides no implied or statutory warranties or conditions with respect to the digital content or services and, to the maximum extent permitted by applicable law, expressly disclaims all implied warranties and conditions.
Taxes
You are responsible for any applicable national, state or local sales and use taxes, value added tax ("VAT") or similar taxes or fees that may accrue when you purchase or are gifted any products, services or content. When you purchase a subscription or accept a gift from another party, any taxes or other charges on that transaction will be calculated based on your country of residence. If you fail to pay the purchase price or other taxes or fees assessed for any transaction and such taxes or fees are subsequently incurred, you will be liable. Further, CALLEVEN reserves the right to collect such taxes and fees from you at any time.
9. Ownership
You acknowledge and agree that each CALLEVEN offering from a Competent User is owned by the Competent User who created it.
We or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, “CALLEVEN Content”); and (ii) our trademarks, logos, and brand elements (“Marks”). You may not duplicate, copy, sell, resell, commercialize, or reuse any portion of the CALLEVEN Content, Marks, HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent.
You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, and create derivative works (for example, translations, adaptations, compilations, excerpts, or modifications) of the following for the purposes of operating and providing our App, developing and improving our products and services, and advertising, marketing, and promoting our App and our products and services: (i) any request (Voice call, text, audio, or otherwise) that you make or send to any Competent User, including information concerning any Recipient; and (ii) any submission that you make to CALLEVEN, whether through our App, a social media platform, third-party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, customer service request, Feedback (defined below), review, photo, video, email, text, audio, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. CALLEVEN will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.
We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates this Agreement and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of this Agreement.
CALLEVEN desires to avoid the possibility of future misunderstandings if a project developed by any CALLEVEN Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that CALLEVEN has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to CALLEVEN a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.
10. General Provisions
The User may not publish the content produced by Competent Users in any way through traditional media such as newspapers, magazines, radio, television. CALLEVEN is the owner of any content produced by Users or Competent Users within the Application and the Site, and reserves the right to publish and share it on any platform.
The User declares not to use the CALLEVEN brand improperly.
The User declares that by posting, advertising, uploading a link;
Not to commit a criminal offense, obstruct the public or violate any applicable law;
Not use software or software that interferes with the functioning of someone else's computer, such as viruses, corrupted files, trojan horses, abort programs, mouse traps, which prevent the user from exiting the site by opening many windows;
Not engage in any false, misleading, defamatory, libelous, slanderous, defamatory, obscene, vulgar or offensive attempt to invade the privacy rights of any person
Users declare and accept that it will not violate the worldwide copyright, registered trademark, patent and other intellectual rights of third parties, otherwise, it is responsible for any damages that may arise from all legal applications that may be directed to CALLEVEN and even pay the penal clause fee as much as these damages, and that it cannot request a discount in this fee due to its merchant status and cannot refrain from this fee.
The User may not transfer this Agreement or its rights and obligations under this Agreement, in whole or in part, to any third party without the written consent of CALLEVEN.
The security of the system access tools (user name, e-mail, password, etc.) used by the User in order to benefit from the services offered by CALLEVEN, their storage, keeping them away from the knowledge of third parties, and issues related to their use are the sole responsibility of the Users. CALLEVEN shall not have any direct or indirect liability for any damages incurred or to be incurred by the Users and/or third parties due to any negligence and defects of the Users in matters such as the security, storage, keeping away from the knowledge of third parties, and use of system access tools.
The User shall not reproduce images, texts, compositions, lyrics, visual and audio images, video clips, files, databases, APIs, catalogs and lists contained in CALLEVEN that may constitute an infringement of the real or personal rights and assets of CALLEVEN and/or another third party, will not copy, distribute, process, directly and / or indirectly compete with CALLEVEN both directly and / or indirectly with these actions or in other ways, and that it is responsible for any damages that may arise from all legal applications that may be directed to CALLEVEN and even pay the penal clause price as much as these damages, accepts and .
The user is obliged to prevent the use of user names and user passwords by unauthorized persons or to prevent the use of them by persons authorized by the user in excess of their authority and to carry out the necessary audits. The user agrees and declares that he/she will not share his/her username and password with third parties; that the selection, confidentiality and protection of the username and password are entirely his/her responsibility; and that CALLEVEN is not responsible for any problems arising from the use of the username and password. The User agrees that the personal information he/she has provided about himself/herself and the login and connection to CALLEVEN and usage records and information and the data belonging to them shall be stored, stored, backed up, deleted, recorded, recorded and controlled by CALLEVEN. Likewise, the User accepts, declares and that his/her contact information and other data may be used by CALLEVEN and / or related institutions, organizations and persons for other services or studies or commercial activities without permission or notification to him/her and that he/she will not make any request to CALLEVEN or the persons who will perform the use.
In CALLEVEN, every transaction and every action taken by the User shall be deemed to have been taken by the User and shall bind the User. Every transaction, command, information entry and all kinds of electronic intervention made or assumed to be made by the User in CALLEVEN shall be deemed valid as a statement of will of the User and shall have legal consequences.
Users shall not be liable for any loss, damage, claim for damages that may arise due to completed or incomplete order transactions on CALLEVEN and;
Technical problems due to reasons beyond the control of CALLEVEN;
Internet backbone or similar infrastructures cause problems so that the User cannot access the site;
CALLEVEN declares and accepts that CALLEVEN shall not have any responsibility or liability for any loss that may occur, including but not limited to the temporary or complete suspension of the function of the site by CALLEVEN or changes in its function.
In addition to the legal means of notification, CALLEVEN may send notifications, notices and warnings to the User under this Agreement to the User via electronic communication channels (sms, e-mail, etc.). Notifications made in this way shall have all the consequences of a valid notification.
CALLEVEN may change the scope and types of services offered on the App and "calleven.com" website / pages at any time and without giving any reason, without the need to inform the User in advance, as well as partially or completely freeze, terminate or completely cancel the services offered on the App and "calleven.com" website / pages. CALLEVEN shall not be held responsible for any damages that may arise from these reasons.
CALLEVEN may use verification methods such as SMS verification, mail verification, mobile signature verification, e-signature verification, address verification, ID verification and biometric identity verification in order to identify Users' identities in the most accurate way during Sales transactions. Users accept and declare that they will act in accordance with the verification methods to be used by CALLEVEN and that they will provide CALLEVEN with the necessary information and documents within the scope of verification procedures if requested by CALLEVEN.
11. Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.
12. Third-Party Content and Interactions
Our Site may contain features and functionalities that link to or provide you with access to third-party content, that is completely independent of CALLEVEN, including CALLEVEN Videos, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. The contents of CALLEVEN Voice Calls, Messaging and other offerings that allow interactions with third parties, including between Users, on CALLEVEN are the sole responsibility of the people involved in those interactions. CALLEVEN is not responsible for the content of the interactions you may have with third parties through CALLEVEN Voice Calls, Messaging or other offerings. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with our App or otherwise. However, you agree not to contact or interact with any Competent User except as expressly permitted through our Site. You also agree that CALLEVEN may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with CALLEVEN if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each CALLEVEN Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY".
13. Links
Our Site may contain links to social media platforms or third-party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it.
14. Changes to our Site
You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.
15. Termination and Reservation of Rights
You may cancel your Site account at any time by contacting a member of the CALLEVEN team at [email protected]. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of this Agreement, your permission to use our Site automatically terminates.
16. Indemnification
You agree to indemnify, defend, and hold harmless CALLEVEN and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “CALLEVEN Party,” and collectively, “CALLEVEN Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) this Agreement; or (b) use of our Site. CALLEVEN may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
17. Disclaimers and Limitations on our Liability
You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the CALLEVEN Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
In particular, the CALLEVEN Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third-party website linked to or integrated with our Site. You acknowledge and agree that the CALLEVEN Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.
You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site will create any warranty not expressly made by us.
You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that CALLEVEN is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any CALLEVEN Party with respect thereto.
To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any CALLEVEN Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with this Agreement, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not CALLEVEN has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under this Agreement, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by CALLEVEN from you during the 12 months preceding the claim giving rise to such liability.
Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between CALLEVEN and you.
18. Copyright and Intellectual Property Policy
All registered or unregistered intellectual property rights such as all contents, trainings, business name, trademark, patent, logo, design, information and method on the CALLEVEN website belong to CALLEVEN and are under the protection of national and international law. Visiting CALLEVEN paid or free of charge or using the services on CALLEVEN does not give the user any rights to the intellectual property rights in question. The User is authorized to use the works subject to this Agreement with other technologies, including but not limited to the rights of reproduction, distribution, dissemination, processing, representation and transmission to the public, the authority to use the financial and moral rights under the name of "the authority to offer to the public, to prohibit changes in the work, the authority to specify the name", accepts and acknowledges that they will be published exclusively on CALLEVEN to be used domestically and abroad without any limitation of place, duration, medium, content and number, including the transfer of them to third parties.
The User agrees that every content in the CALLEVEN application (application pages, user names, user photos, etc.) within the scope of the services specified in this Agreement and the services to be specified by CALLEVEN during the agreement process may be received by CALLEVEN, the relevant visuals, videos and other records can be used by CALLEVEN within the scope of creating educational, scientific, marketing and social media content, that it gives personal data permission for these uses, that it will not claim any rights under any name, including but not limited to the right of use, royalties and royalties related to the use of the relevant images or content, and that all or part of these images or content or modified copies of all or part of these images or content, accepts and acknowledges that CALLEVEN may be used by CALLEVEN indefinitely and unlimitedly for any commercial or social purpose, publicly, on the internet, in printed form or in other technical methods, and that all financial rights and moral rights, especially the processing, reproduction, dissemination, representation and public presentation of all these images or contents belong to CALLEVEN, and that it will legally perform all documents and transfers if necessary. If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.
c. Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), and take other appropriate action in our sole discretion.
19. Other Provisions
Force Majeure: Under no circumstances will any CALLEVEN Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), epidemics, natural disasters, unavoidable accidents, internet and communication service interruptions, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any CALLEVEN Party.
Choice of Law and Jurisdiction: This Agreement will be governed by and construed in accordance with the laws of the Turkey, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the Istanbul city. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from this Agreement and will not affect the enforceability of any other provision.
No Waiver or Amendment: The failure by CALLEVEN to enforce any right or provision of this Agreement will not prevent CALLEVEN from enforcing such right or provision in the future and will not be deemed to modify this Agreement.
Assignment: CALLEVEN may, at any time, assign its rights and obligations under this Agreement, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
Miscellaneous: The term “including” in this Agreement will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting this Agreement.
20. Changes to this Agreement
We may change this Agreement. If we do, we will post the revised Agreement on our Site and update the “Last Updated” date at the top of this Agreement. The revised Agreement will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Agreement have been posted); otherwise, they will be effective 1 day after posting.
21. Acceptable Use Policy
Your use of our Site (collectively, the CALLEVEN website, mobile application (“App”), and services we provide through them) is governed by this Acceptable Use Policy.
You are responsible for your use of any CALLEVEN Voice Call, your Site account, our App, and any Submission (if you are an App user) or Competent User Content (if you are a Competent User). Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful.
You represent and warrant that:
you will not use a false identity or provide any false or misleading information;
you will not create an account if you (or any Site account that you created or controlled) have previously been removed or banned from our Site;
you will not:
violate any law, regulation, or court order;
violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or other legal rights of any third party;
take any action (even if requested by another) that is, or submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);
send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Site, including from any user of our App;
transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
stalk, harass, threaten, or harm any third party;
impersonate any third party;
participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
use any means to scrape or crawl any part of our Site;
attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, our Site, users, Recipients, or any other third party;
access our Site to obtain information to build a similar or competitive website, application, or service;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Site; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Investigations:
You acknowledge and agree that we are not obligated to monitor access to or use of our App by you or third parties (including monitoring any CALLEVEN Voice Call and Messaging), but we have the right to do so to operate our App; enforce this Policy or our Agreement; or comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise.