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PRIVACY POLİCY

TERMS OF USE

These Terms of Use (“ the Terms”), together with the documents referenced herein apply to the mobile application named "Pedal Commander" (the "App"). These Terms outline the rights, conditions, notices and detailed information regarding the App developed by Vitalen Auto Performance  Inc.  ("Pedal Commander," "we," "us," or "our") and are also subject to any applicable rules provided within the terms of Apple Inc. and Google Inc. with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes ("App Store") and https://play.google.com/store ("Play Store"). We kindly ask you to review the terms below as well as shared links stated above. By agreeing with these terms, you ("you”," the App user”) also agree to use the App according the Terms provided and explained throughout this document.

  1. IMPORTANT NOTICES:

1.1 Please read these Terms carefully before downloading, installing, or using the App. By using the app or by downloading, installing, accessing, browsing, or otherwise making use of it, you agree to be legally bound by these terms. The Terms are made in order for Pedal Commander and its affiliated businesses to have the right to enforce them against you. You must stop installing, and using the App right away if you do not agree with these Terms.

1.2 These Terms do not affect or amend any other contract or agreement between you and the Pedal Commander; they only apply to the usage of the App. The products and other services provided via Pedal Commander websites, authorized e-commerce platforms and distributors are not subject to these Terms. 

1.3 If you experience any technical issues with the App, or would like to contact us regarding these Terms, you may contact us by sending an e-mail to [email protected]. In order to help us detect and assist on the concern fast and effectively, please provide correct contact information and detailed explanation regarding the issue.

1.4 In order to use the App, you must have a compatible device which meets the following minimum requirements. For Apple devices, the App requires iOS 6.0 or later, and is compatible with iPhone, iPad, and iPod Touch. For Android, the requirement is 4.4 and later, with both accelerometer and gyroscope sensors. Any compatible device to which you download the App will be known as a "Device" for the purposes of these Terms. You accept responsibility for any use of the App on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.

1.5 To access the App, you must have a Pedal Commander account, including a username, a password and phone number or e-mail address linked to the device. For verification purposes, a four-digit pin code will be sent to the email address you provided during registration.

1.6 Pedal Commander retains all rights that are not explicitly stated to be given or transferred to the User. You may not assign your rights and obligations to others. Please notify Pedal Commander if the device has been lent, borrowed, sold, bought or used commonly with others.

  1. THE USE OF APPLICATION

2.1 The App can be downloaded on Google Play Store or Apple App Store.

2.2. Please read herein Terms of Use after downloading the App.

2.3. In order for the functioning of the features of the App, the membership form must be completed by the User.

2.2 The name, last name, and email address of the participant using the application are mandatory fields. For verification purposes, the User is asked to enter phone number or e-mail address. - The Users acknowledges that providing correct and complete information is a must to continue using the App and to enjoy its services.

2.3 In addition to the form, the User may use Google account or Facebook account to log in.  In this case, the profile photo, birth date and gender is automatically shared by Google+ and Facebook. Pedal Commander states that if you do not want to share these three data categories, please update your Google+ and/or Facebook profile details.

2.4 After logging into the application, the profile photo can be optionally uploaded or changed. Camera permission can be optionally given in the iOS operating system. This permission is not mandatory. You may use your personal photos, icons, clipart images, illustrations or blank visual. The User is liable from use of illegal, immoral or copyright infringing images following the upload.

2.5 After logging into the application, the application requests the location ito provide service and functionality in speed tracking, technical assistance, weather, fault/defect detection.. Please read our Privacy Policy available on https://pedalcommander.com/policies/privacy-policy to learn about how and why we process your personal data, cookies, legal grounds, the data privacy and safety measures taken. 

 

2.6 The Pedal Commander application is not a sales channel of Pedal Commander products; but only utilized to make the gadget function, to be controlled from distance and to be improved with the App. However, if you allow notifications in your device, push notifications can be sent for discounts, promotions and events like Mother's Day. These notifications can be displayed on the screen while using the application or the device. When you click on the notifications, you will be directed to the campaign available on the Pedal Commander website or relevant e-commerce platform. We kindly inform you that once you continue on the website or the platform, the Terms available on these channels begin to apply.  

 

2.7 For the Support section, Pedal Commander asks you to provide your phone number. At this point, contact information and requests will be transferred to our call center.  Pedal Commander is not liable in case of false, missing or mistaken contact details if the call center cannot reach the User.

 

  1. ACKNOWLEDGEMENTS

3.1 All upgrades and additions to the App are subject to these Terms. Pedal Commander may change or revise these Terms from time to time in its sole discretion, the user acknowledges to be bound by any such revisions and should therefore periodically review herein terms and conditions. You must abide by the most recent version of the Terms in order to access and use the application. You will be deemed to have accepted the updated Terms after they have been made accessible.

3.2 On occasion, Play Store and App Store may make updates to the App. Depending on the update, the App may be temporarily inaccessible unless you downloaded the latest version.Hereby you agree that we would not be held liable from such occasions, and the User is responsible from making the updates provided by Play Store and App Store. If you come across with any problems during the updating or downloading phase, please contact Play Store or App Store.

  1. PRIVACY

4.1 Your submission of information, including personal data, through or in connection with the App (if any) is governed by the terms of our privacy policy as updated from time to time, available at https://pedalcommander.com/policies/privacy-policy and by accepting these terms, you also accept to have read and understood our privacy policy. 

  1. THIRD PARTY CONTENT

5.1 The App may offer links to further unaffiliated third-party websites or applications ("Third Party Sites"). You acknowledge that we do not control, promote, or monitor the content or privacy practices of third-party websites (if any). We expressly disclaim any liability for any loss or harm you may experience as a result of using or going to Third Party Sites.

  1. LICENCE

6.1 We grant you a non-exclusive, non-transferable, non-sublicensable, personal, limited license to use the App on the Devices, for the purposes of assisting users in better understanding and improving their driving behaviours, subject to these Terms, the Privacy Policy, and the App Store Rules and Play Store Rules (as applicable). The App may only be used for the purposes intended. We keep full ownership of rights to the App. This license may be revoked at any time by Pedal Commander in its sole discretion due to breach of these Terms.

  1. LICENCE RESTRICTION

7.1 You acknowledge and agree that:

Except expressly permitted in these Terms and unless prohibited by applicable law;

(a) not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio and video, except as permitted by the App's sharing function;

(b) not to rent, lease, sub-license, loan, distribute, time-share, or translate the App in any way; 

(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App; 

(e) not to sell, resell, or exploit the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;

(f) not to remove any copyright, trademark or other related notices from the App; 

 

  1. ADDITIONAL RESTRICTION 

8.1 You agree:

a) to refrain from using the App in an improper manner, for an illegal or criminal purpose, or otherwise in violation of these Terms, as well as from acting dishonestly or maliciously, such as by hacking into the App or injecting malicious code, including viruses or cyber attacks, data-mining, scraping;

(b) not to use the App to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights;

(c) not to use the App in a way that might harm, disable, overload, compromise, or affect the security of our systems or security of other users, or impede or prevent any other users from using the App; 

  1. INTELLECTUAL PROPERTY RIGHTS

9.1 The App is entirely developed and controlled by Pedal Commander. Therefore, the intellectual and industrial property rights arising from the App, its contents and parts solely belong to Pedal Commander. By using the App, you acknowledge that (i) all intellectual property rights in and to the App belong to the Pedal Commander or their licensors, (ii) the rights granted herein are licensed (not assigned) to you, and (iii) you have no rights in, or to, the App or its content other than the right to use the App in accordance with these Terms. 

9.2  Pedal Commander and its sister companies are the exclusive owners of all intellectual property rights available or arising from the website, or using them with the permission of its third-party suppliers. Nothing on this App should be construed as granting, implicitly or explicitly, any license or permission to use any trademark displayed on this application without the express written authorization of Pedal Commander. You are explicitly prohibited from using the trademarks represented in this app or any other content inside of it in any way other than as specifically allowed by this paragraph. 

  1. DISCLAIMER

10.1 Pedal Commander, its sister companies and directors, officers, employees, agents, representatives, licensors, third-party providers, and affiliates deny all representations and warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement, with respect to the App, to the fullest extent permitted by applicable law. Use of the App and any reliance on it are at your own risk. There is no responsibility on the part of the Pedal Commander, the App Store, or the Play Store to provide any maintenance or support services with regard to access to the App. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the App.

10.2 Regarding the correctness, completeness, or up-to-dateness of the information or material offered in the App, we make no claim or assurance. Additionally, without prior warning, this material is subject to change.

10.3 We do not guarantee that the App's features will operate without interruption or mistakes, that bugs will be fixed, or that the App is free of viruses or other dangerous elements. Regarding the use of the App or the outcomes of its usage, we neither guarantee nor make any representations. You agree to conduct your own assessment for the accuracy, reliability and quality of all content provided by the App.

  1. LIMITED WARRANTY

11.1 The App must correspond in all material respects to the description that was made accessible to you prior to downloading or installing it, and it must have a valid license, be of satisfactory quality, be suited for the purpose for which it was supplied, and be of good quality. As your only remedy in the event that the guarantee provided in this section 10.1 is not fulfilled, Pedal Commander will either repair or replace the App, or if that is not practicable, will issue a suitable refund for the feature or function in question.

11.2 We will not be responsible from any harm you may have caused by not correctly installing the app or not having the necessary system requirements in place, as well as any harm you may have prevented by updating to the most recent version of the app.

  1. AVAILABILITY

12.1 We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice and liability, except where prohibited by applicable law.

12.2 We disclaim all liability for any connectivity problems you may have while using the App. In addition, you acknowledge and agree that you are responsible for obtaining and maintaining all telecommunications and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App. 

  1. INDEMNIFICATION

13.1 To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys' fees) reasonably incurred by us that arise out of your use of the App in breach of these Terms. We reserve the right to assume the exclusive defence and control of any claim brought by a third party in connection with your use of the App and you agree to assist and co-operate with us in relation to any such claim.

  1. TERMINATION

14.1 The Pedal Commander may discontinue, suspend or modify the App at any time without notice and may terminate or suspend your access to the App at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the App and delete it from all applicable Devices.

If you violate any of the terms of this Agreement, or Pedal Commander has reasonable grounds to assume that you have violated any of the terms of this Agreement, Pedal Commander may, without providing you with prior notice: terminate this Agreement, in which case you will still be responsible for all amounts due up until the date of termination; (ii) terminate your license for the app; and/or (iii) prevent you from using the Services.

  1. EVENTS OUTSIDE OUR CONTROL

15.1 Any failure or delay in fulfilment of our responsibilities under these Terms due to an act or occurrence outside of our reasonable control, such as a breakdown of public or private telecommunications networks, shall not subject us to liability or responsibility.

 

  1. THIRD-PARTY BENEFICIARIES AND APP STORE / PLAY STORE

16.1 With respect to downloading the App, you agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the App Store and Play Store (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.

  1. DISPUTE RESOLUTION

17.1 Any disputes arising out of, or in connection with the present terms shall be finally settled through arbitration under the Istanbul Arbitration Centre Arbitration Rules. The place of the arbitration shall be İstanbul/Turkey. The language of the arbitration shall be English. The arbitrator shall be sole arbitrator. The law applicable to the merits of the dispute shall be Turkish law. .

  1. OTHER IMPORTANT TERMS 

18.1 We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms.

18.2  If we do not enforce our rights against you, or if we delay in doing so, this shall not mean that we have waived our rights against you or that you do not have to comply with those obligations.

18.3 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

18.4 These Terms constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.

18.5 Except to the extent specified throughout this Terms, or otherwise permitted by applicable law, a person or entity who is not party to these Terms may not enforce these Terms.

18.6 No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.

18.7 Pedal Commander may inform you regarding the Services by publishing a notice on the Services, sending an email to the address associated with the account, mailing a letter to the address associated with the account, or both. Notices shall take effect right away. Pedal Commander could also get in touch with you through email or push notification to provide you with further details about the Terms and Services.