Terms of Service

By downloading or using the app, these terms will automatically apply to you - you should make sure therefore that you read them carefully before using the app. You're not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You're not allowed to attempt to extract the source code of the app, and you also shouldn't try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to DaVinci.ai.

DaVinci is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you're paying for.

You should be aware that there are certain things that DaVinci will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but DaVinci cannot take responsibility for the app not working at full functionality if you don't have access to Wi-Fi, and you don't have any of your data allowance left.

Changes to These Terms and Conditions

We may unilaterally amend or update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected].

DaVinci END-USER LICENSE AGREEMENT

These terms and conditions legally create an agreement between you, the User, and DaVinci. Please read all terms and conditions and further service scope carefully.

1. TERMS OF USE

• 1.1 DaVinci.ai is pleased to provide you, as the user, its branded mobile applications and any and all related documentation.
• 1.2 By using or accessing DaVinci's Apps, you agree to all the terms set out herein.
• 1.3 Your use of the Services is also subject to DaVinci's Privacy Policy.
• 1.4 DaVinci may update the Apps and change the service at any time.

2. PARTIES

• 2.1 This Agreement is between DaVinci and you, the User.
• 2.2 By using the DaVinci App, you agree to all the terms herein.

3. CONTACT INFORMATION

• Company Name: HubX Yazilim Hizmetleri Anonim Sirketi
• Address: Cinarlı Mah., Ankara Asfaltı Cad., No:15 Kat:41 D:411 Konak / Izmir
• E-mail: [email protected]

4. GRANT OF LICENSE

• 4.1 DaVinci grants you a limited license to use the DaVinci App as per the terms of the Agreement.
• 4.2 You may not distribute the DaVinci App in any way.

5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

• 5.1 You must not use the DaVinci Apps in any way that could damage, disable, overburden, or impair the App.
• 5.2 The User shall not make the DaVinci Apps available on a network.
• 5.3 Users cannot modify the DaVinci Apps and must not use them for any unauthorized purpose.
• 5.4 This App uses artificial intelligence technologies to generate content. AI-generated content may be inaccurate, incomplete or not unique. You should independently verify any information before relying on it.
• 5.5 The App is intended for personal, entertainment, and creative purposes only. It is not designed or intended for business, professional, medical, legal, financial, employment, or other high-risk purposes. Any use of the App or its output for such purposes is at your own risk.

6. THIRD-PARTY PARTNERS

• 6.1 The DaVinci App may be integrated with or provided along with third-party services.
• 6.2 DaVinci is not responsible for third-party services.
• 6.3 The App may rely on third-party service providers, including payment processors and analytics providers. Please refer to our Privacy Policy for further information.

7. SECURITY

• 7.1 DaVinci Apps may not be 100% secure. While we use commercially reasonable measures to protect the Services, no system can be guaranteed to be completely secure or error-free. Please refer to our Privacy Policy for additional information regarding the safeguards we implement to protect personal data.
• 7.2 You are responsible for securing your device. We recommend keeping your device and software up to date, and accessing the Services through secure and trusted networks.

8. REGISTRATION AND PASSWORDS

• 8.1 Some DaVinci Apps may require you to create an account.
• 8.2 You are responsible for maintaining the confidentiality of your account details.

9. UNINSTALL AND REMOVAL OF THE DaVinci APPS

Procedures to uninstall the DaVinci Apps may vary depending on your device. You may cancel your subscription at any time through your account settings or by contacting us. You may remove the App from your device by uninstalling it.

10. CONSENT TO USE OF DATA AND USER REVIEWS

• 10.1 We may collect and use technical data related to the DaVinci Apps. For details regarding data collection and processing, please see our Privacy Policy.
• 10.2 User reviews may be made public.

11. INTELLECTUAL PROPERTY RIGHTS

• 11.1 DaVinci owns all rights to the intellectual property related to the DaVinci Apps.
• 11.2 Users may not infringe on the intellectual property of the DaVinci Apps. You represent that you have all necessary rights and permissions to upload and use any photos, images, or other content through the DaVinci Apps.

12. IN-APP PURCHASE AND PAYMENT

• 12.1 The DaVinci Apps are available on the Apple App Store with certain features that may require in-app purchases.
• 12.2 For purchases made through our website, subscription plans, billing periods, and applicable prices will be displayed on the checkout screen before purchase. Subscriptions automatically renew unless cancelled. You may cancel at any time through your account settings or by contacting us, and cancellation will take effect at the end of the current billing period. We may offer introductory pricing, promotional offers, or free trials from time to time. Unless otherwise disclosed at checkout, subscriptions will automatically renew at the then-current standard subscription price following the end of any introductory or trial period.

13. TERM AND TERMINATION

• 13.1 This agreement is effective as long as you use the DaVinci Apps.
• 13.2 DaVinci may terminate this agreement if you breach its terms. In addition, if we reasonably determine that your use of the Services violates these Terms, applicable laws, intellectual property rights, community standards or involves manipulative, abusive, fraudulent, harmful, or otherwise inappropriate conduct, we may suspend or terminate your access, remove content, and, where appropriate, report the matter to relevant authorities or rights holders.

14. INDEMNIFICATION

You agree to indemnify DaVinci against claims arising from your usage of the DaVinci Apps. To the fullest extent permitted by applicable law, DaVinci's total liability arising out of or relating to the Services or these Terms shall not exceed two (2) times the subscription fees paid by you to DaVinci during the twelve (12) months preceding the event giving rise to the claim.

15. WARRANTY DISCLAIMER

DaVinci disclaims all warranties to the extent permitted by law, including any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, reliability, or uninterrupted operation of the Services. The Services are provided on an "as is" and "as available" basis.

16. LIMITATION OF LIABILITY

DaVinci's liability is limited as set forth in these terms.

17. FORCE MAJOR EVENT AND APPLICABLE LAW

DaVinci is not liable for failure to perform due to force majeure.

Any dispute, claim, or controversy arising out of or relating to the Services or this Agreement, whether based on contract, warranty, tort, statute, regulation, or any other legal or equitable theory, shall first be addressed through good-faith informal negotiations. To initiate a dispute, either party must provide written notice to the other party describing the nature of the dispute, the relevant facts, and the relief requested. You may send such notice to [email protected]. The parties shall attempt to resolve the dispute informally for fifty (50) days from the date the notice is sent. If the dispute is not resolved within that period, either party may pursue available legal remedies. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Turkiye, without regard to conflict of law principles, and any legal action arising out of or relating to this Agreement shall be brought exclusively before the competent courts and enforcement offices of Izmir, Turkiye.

18. ENTIRE AGREEMENT AND SEVERABILITY

These Terms constitute the entire agreement.

These terms and conditions are effective as of 01 April 2023.

Analytics and Tracking Using Microsoft Clarity Use of Microsoft Clarity for Analytics: Our application uses Microsoft Clarity, a web analytics service provided by Microsoft Corporation, to better understand the behavior of our users on our platform. This service helps us in analyzing user interactions and improving the overall user experience. Data Collected by Microsoft Clarity: Microsoft Clarity captures data such as mouse movements, scrolling behavior, clicks, and other interactions on our platform. This information is used to create heatmaps, session recordings, and provide analytics insights. Purpose of Data Collection: The data collected through Microsoft Clarity is solely for analytics purposes, such as understanding user engagement and improving website functionality. This data is not used for creating user profiles for advertising or other non-analytical purposes. Compliance with Data Protection Laws: We comply with all applicable privacy and data protection laws. Our use of Microsoft Clarity adheres to these laws, including the General Data Protection Regulation (GDPR) for our users in the European Union. Your Consent: By using our application, you consent to the processing of data about you by Microsoft Clarity in the manner and for the purposes set out above.

Subscription, Cancellation and Refunds

Subscription fees, billing terms, and renewal periods are displayed on the checkout screen before purchase. Subscriptions automatically renew unless cancelled.

You may cancel your subscription at any time through your account settings or by contacting our support team to prevent future renewals. Cancellation will take effect at the end of the current billing period, and you will continue to have access to paid features until then.

Because our Services are digital, subscription fees and other purchases are generally non-refundable unless required by applicable law or otherwise described in our Refund & Cancellation Policy.

Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

Paid Accounts

Billing

If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You're responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

Service Credits

You can pay for some Services in advance by purchasing service credits. All service credits are subject to our service credit terms.

Changes

We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice, and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase. Please be informed that if an alternative refund option other than the one set out in this Refund Policy (such as a free trial option), is presented to you during the checkout process, you will not be eligible for a refund under this Refund Policy.

Contact Us

If you have any questions or suggestions about Refund Policy, don't hesitate to contact us via [email protected].