Deepwall

Terms of Service

These terms of service became effective on 3rd March 2022.

DeepWall (“DeepWall,” “our,” “we,” or “us”) is a software development kit (“SDK”) which application developers or application publishers can create targeted flexible mobile paywalls and fully manage their paywalls for in-app purchases. Please read our Terms of Service so you can clearly understand how we operate and what conduct we expect from you when using our service. You agree to our Terms of Service (“Terms”) by installing, accessing, or using the DeepWall SDK, dashboard, features, software, or website (together, “Services”). Our Services are designed to help application publishers or application developers (each, a “Customer”) like you to maximize revenue derived from their software applications that interface with the Services (each, an “Application”), and enhance the experience of the end users of your Application (each, an “End-User”) and turn them into paying customers. You can always visit www.deepwall.com to explore DeepWall and it’s latest features.

On the condition that you comply with all your obligations under these Terms, including, but not limited to, the User (“Customer”) Code of Conduct listed below and Standarts Policy, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to utilise DeepWall Services.

Any other use contrary to our purpose is strictly prohibited and a violation of the Terms. We reserve all rights not expressly granted in the Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in our Services, and all related items.

The Privacy Policy and PDPL Clarification Text (“Additional Documents”) on the DeepWall website, which can be changed unilaterally by DeepWall from time to time, are annexes to these Terms of Service and are inseparable parts.

Termination

The license for use of the Services provided herein is effective until terminated. You may terminate your license at any time by not accessing or accepting the conditions of our Services. This license will terminate upon conditions set forth elsewhere within the Terms or if you fail to comply with any of the Terms. In such event, no notice shall be required by us to affect such termination.

Application Standarts

You agree that you provide accurate and up-to-date information about your application when using and registering DeepWall. You should be transparent in the content of the offer pages you create using DeepWall, avoid misleading users about your subscription or the service you offer, and clearly show information about the price to be requested and the length of the renewal period. You must own all the content and features that you have stated to be available, and you must present all of them with the user's purchase of your offer. You also agree to abide by our Application Standards policy set out here, as well as the terms and guidelines of the Apple App Store, Google Play Store, and Huawei AppGallery where your app is published. Although DeepWall is not responsible for ensuring that the application complies with the mentioned rules and policies, it reserves the right to audit and investigate your compliance. During this audit and investigation, DeepWall may use your application to detect security-related problems and continuity of use and to observe how these affect its customers and its own operation. You have given your consent to this research; You declare that you will not prevent this. We will use the data we collect during this audit and research in accordance with our Privacy Policy. In case of detection of your behavior that affects the continuity of DeepWall or causes security breaches, DeepWall may, at its own initiative, prohibit you from using DeepWall or suspend your use.

Finally, the themes and designs in the SDK are just examples, and you are solely responsible for all the content and design you use, including the pages you prepare using Deepwall. You agree that any content you create using the DeepWall Services will comply with all applicable laws and regulations and that you will not use it to violate or misappropriate any third party's intellectual property or other proprietary rights, and nothing above or under these Terms of Service shall be construed to be contrary.

Eligibility

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: are 18 years of age or older; are not currently residing in a prohibited territory restricted from the Services; have full power and authority to enter into our Terms; will not violate any rights of DeepWall including intellectual property rights such as copyright or trademark rights; and agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

Privacy and Security

You acknowledge that you have read our Privacy Policy which we have indicated our collection and use of data. We collect two types of data: Customer data and end-user data. Please see our most recent updated Privacy Policy here, to see how we use the data you provide with us in detail.

We both agree to use all reasonable efforts to protect all personally identifiable information and end-user data from unauthorized access or use in accordance with all Applicable Data Privacy Laws. In the event the systems or infrastructure of either party that are used for storage, processing or hosting end-user data are breached or compromised, or if end-user data is inadvertently exposed to non-authorized third parties, the affected party will notify the other party promptly of such a breach or exposure and provide all available information, including root cause analysis, remediation steps and compensating controls that are reasonably necessary to ensure such a breach does not occur in the future. You are responsible for providing customer notification under the local breach notification statutes or any other Applicable Privacy Laws.

Application Developer Code of Conduct

Any fraudulent, abusive, or otherwise illegal activity, or violation of our Application Developer Code of Conduct is grounds for termination at our sole discretion and we may suspend your access to our services, and also you may be reported to appropriate authorities. We do not tolerate any of the following conduct:

  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Services;
  • Adapt, modify or create derivative works based on the Services or any underlying technology;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Services;
  • Collect, use, copy, sell, distribute or transfer any information, including, but not limited to, Personally Identifiable Information obtained our Services except as expressly permitted in the Terms or as the owner of such information may expressly permit;
  • Use manual or automated software, devices, scripts, bots, robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or to add or download contacts;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; and
  • Engage in any action that directly or indirectly interferes with the integrity of our Services, including but not limited to any attempts to access or hack our servers or network;
  • Upload an inappropriate profile name, profile photo while using Whatsapp business account via our Services.

Indemnification

You indemnify us (DeepWall and its affiliates, and their respective managers, directors, officers, agents, and employees) and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with our Terms, including, without limitation, that anything you submit or contribute violate the rights of any third party or applicable laws; (2) any use or content you submit via our Services; (3) any activity in which you engage on or through the Services; (4) any violation of Applicable Law or Terms of Service, Privacy Policy or applicable guidelines by you arising from your Application or any access to or use of your Application; (5) any infringement, misappropriation or other violation of any intellectual property or proprietary right, right of privacy, right of publicity or other right by you, your Application; and (6) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim.

In addition, DeepWall and its affiliates, subsidiaries, officers, representatives, partners and employees are subject to the provisions of these Terms of Service, applicable legislative provisions and/or In the event that the rights of another person or institution are violated by you, DeepWall is not responsible for any claims, including legal fees, arising from them and requested by any third party, and that you are solely responsible for all such claims, costs and damages, and that DeepWall's responsibility for these violations You agree to indemnify DeepWall and other related persons/institutions immediately, in cash and in full, in case of any liability or loss of any of the above listed.

Disclaimer of Warranties

DEEPWALL, TO THE LIMITS PERMITTED BY APPLICABLE LAW, AND UNLESS YOU HAVE ANY OTHER AGREEMENT WITH DEEPWALL; MAKES NO WARRANTY, OR IMPLIED, OR REPRESENTATION OF THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY OR VIOLATION OF ANY THIRD PARTY RIGHTS. THE SERVICES ARE PROVIDED 'AS IS'. YOU ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR RISK. YOU AGREE THAT THE SERVICES MAY BE AVAILABLE FROM TIME TO TIME. DEEPWALL IS NOT RESPONSIBLE FOR YOUR FAILURE TO USE THE SERVICES FOR ANY REASON. DEEPWALL MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES ARE SUITABLE FOR USE IN A PARTICULAR LOCATION. UNLESS YOU CHOOSE TO ACCESS AND USE THE SERVICES, YOU DO THIS AT YOUR OWN RISK.

Limitation of Liability

To the extent permitted by law, DeepWall and its licensors, and suppliers will not be liable for any lost profits, revenues, or data, financial losses or any indirect, special, consequential, exemplary, or punitive damages of any kind. To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our services or any content on it, whether express or implied.

In any event, in the event that any claim for the Services provided to you arises by mutual agreement or legal means, the claim for damages against DeepWall and/or its affiliates and representatives will in any case be limited to the income DeepWall derives under these Terms of Service.

Misuse of the DeepWall Services

DeepWall and its partner companies have the right to investigate violations of these Terms of Service and to collect information about the user, developer or any user deemed to have violated the Terms of Service. We declare that we will collect this data in accordance with our Privacy Policy. We would like to remind you again that we have the right to prohibit people who use our services in violation of the rules from using our services, to restrict their use, to terminate their membership. To give an example, but not limited to these, creating more than one misleading account, infringing on intellectual and industrial rights, in violation of the above-mentioned Code of Conduct or any kind of Code of Conduct that DeepWall, on its own initiative, defines as 'abuse'.

Confidentiality

If you receive any materials or communications that are marked confidential or that would normally be considered confidential under the circumstances, then you will not disclose such materials or communications to any third party without DeepWall’s prior written consent. DeepWall confidential information does not include information that you already rightfully knew, that becomes public through no fault of your own, or that was lawfully given to you by a third party. You may disclose DeepWall confidential information when compelled to do so by law if you provide us reasonable prior notice.

Transfer

You will not transfer or assign the Terms of Service and/or the rights, obligations and responsibilities arising from these Terms of Service to any third real or legal persons, and that you will not share the rights and receivables of another real or legal third party for any reason, and You agree that you will not make it used.

DeepWall may assign the Terms of Service and/or its rights and/or obligations arising from these Terms of Service, to its direct or indirect subsidiaries and/or affiliates at any time.

General Terms

1. Terms of use

1.1 Please read these General Terms carefully before you start to use our Services.

1.2 By using our Services, you confirm that you accept our Terms and that you agree to comply with them.

1.3 If you do not agree to these terms of use, please do not install, engage any activity or create an account on DeepWall SDK.

2. Other applicable terms

2.1 Your use of the DeepWall Services is subject to these terms in their entirety and by using our Services you agree to be bound by them.

2.2 You need to register with us to fully access our Services and provide as a minimum a registered company name, real name, e-mail address, and mobile number. The details provided by you on registration or changed at any later time must be correct and complete.

2.3 Our use of your and end-user’s personal information is governed by our Privacy Policy found here.

3. Severability

3.1 Each of the provisions of these Terms are distinct and severable from the others. If at any time one or more of those provisions is or become invalid, unlawful or unenforceable (whether wholly or partly), the validity, lawfulness and enforceability of the remaining provisions (or the same provision to any other extent) will not be affected or impaired in any way.

3.2 We may agree to amend these Terms of use in order to ensure the terms are valid, lawful and enforceable.

4. Information about us

4.1 DeepWall is registered in the Republic of Turkey under the company Teknasyon Yazilim ve Sanayi A.Ş

5. Changes to these terms

5.1 We may revise these Terms at any time by amending this page.

5.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.

6. Accuracy of our Services

6.1 We cannot guarantee that our Services, or any content on it, will be free from errors or omissions.

7. Accessing our Services

7.1 We do not guarantee that our Services will always be available or be uninterrupted.

7.2 You are responsible for making all arrangements necessary for you to have access to our Services.

7.3 We do not represent that our Services will be available in other locations. We may limit the availability of our Services or specific functionality to any user or geographic area at any time. If you choose to access our Services from a prohibited jurisdiction, you do so at your own risk.

8. Intellectual property rights

8.1 For the purposes of these Terms, 'Intellectual Property Rights' means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

8.2 Our Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws.

8.3 Our trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that has a detrimental effect on DeepWall. All other trademarks not owned by DeepWall that may appear on our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

9. Viruses

9.1 We do not guarantee that our site will be secure or free from bugs or viruses.

9.2 You are responsible for configuring your mobile device in order to access our Services. You should ensure your mobile device is adequately protected with suitably updated virus protection software.

10. Third party links

10.1 Where our Services may contain links to other sites and resources provided by third parties, these links are provided for your information only.

10.2 We have no control over the contents of those third-party sites or resources.

11. Applicable Law

11.1 You and we both agree to that any claim relating to your use of the Services will be governed by and interpreted in accordance with the laws of the Turkey without regard to choice or conflicts of law principles and that the courts of Istanbul Turkey will have exclusive jurisdiction.

12. Accessing our Terms in different languages

12.1 We provide our Services internationally; additional Terms of Services may apply to Users in different jurisdictions and where possible we do our best to offer localised Terms for your territory. Please check for our Terms in other languages on our site or in application if available. If not available, our Terms will default to the English language version.

12. Accessing our Terms in different languages

13.1 To contact us, please email info@deepwall.com or support@deepwall.com