You are now reading our Terms of Service (the “Terms”). These terms apply to Equinox, our iOS and Android mobile application (our “App”) and constitute a legal agreement between you and Tecnograde Yazilim Teknoloji̇ Sanayi̇ Ve Ti̇caret Li̇mi̇ted Şi̇rketi̇ - Merkez Mah, Feri̇köy Firin Sk. Şi̇şli̇/ İstanbul (“Equinox”, “we”, “us”, or “our”) governing the terms and conditions on which we make our Services available to you.
1. TERMS OF USE
1.1. The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us.
1.2. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our App.
1.3. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable license to use our App on these Terms.
1.4. We reserve the right to change, modify, suspend, or discontinue any portion of our App and/or other software provided by us in connection with our App at any time. You agree that access to or operation of our App may from time to time be interrupted or encounter technical difficulties.
2. SERVICES AND SERVICE DISCLAIMERS
2.1. The Services allow you to purchase personalized readings and horoscopes, ask questions and engage with our AI psychics, and access tarot readings and other auxiliary services as shown in our App (“Services”).
2.2. When you use our Services, you agree that you have read and understand the details of these Terms including all disclaimers provided, and agree to release us of any and all liability/responsibility for any actions or inactions. In particular, you agree to the following:
2.2.1. I understand that the Services are subject to interpretation and there is no guarantee of the accuracy of a reading, and I am able to determine my own course of action, at any time, which can change the outcomes described in any given reading.
2.2.2. I understand that all Services are for entertainment purposes only.
2.2.3. I understand that the Services do not replace professional, medical, legal, or business opinion and advice.
2.2.4. I understand that the Services will not force me to follow a particular course of action or attempt to exert any form of control over my free will and common sense.
2.2.5. I understand that any decisions made or actions taken by myself as a result of the Services are my sole responsibility and have not been forced upon me.
2.2.6. I understand that Equinox assumes no legal liability for any damages, losses, or other consequences of any of my decisions, subsequent to, or based on the Services.
2.2.7. I understand that the Services may not meet my requirements and understand there may be circumstances beyond anyone’s control that could create a disruption to the service I receive, thereby not holding Equinoxliable for errors, disruptions, or information deemed inaccurate, incomplete, or out of date.
2.2.8. When purchasing the Services, I hereby acknowledge and represent: a) that I have read this document in its entirety, understand it, and sign it voluntarily; b) have the capacity and authority to enter in and execute this document; and c) that this disclaimer and its terms are contractual and not a mere recital.
3. USE OF PERSONAL AND SPECIAL CATEGORY DATA FOR AI-ASSISTED SERVICES
3.1. We may collect and use personal data (e.g., name, date of birth, time of birth, and other relevant information) and special category data (e.g., information that may reveal aspects of your beliefs, emotions, or personality traits) to provide personalized Services, and other related services. This data is used solely for the purpose of creating insights, predictions, or advice tailored to your unique circumstances.
3.2. The Services provided may involve the use of AI tools and algorithms to analyze the information you provide. These tools are designed to enhance the accuracy and relevance of the readings and insights offered. While every effort is made to ensure the reliability of the Services, the results are for entertainment and informational purposes only and should not be interpreted as professional advice.
3.3. We are committed to protecting your privacy and ensuring the security of your data. Any personal and special category data you provide will be handled in accordance with applicable data protection laws, including Turkey’s Law on Protection of Personal Data (Law No. 6698) (“LPPD”), the General Data Protection Regulation (GDPR), and our Privacy Policy.
3.4. Providing personal and special category data for these services is entirely voluntary. You may choose to withhold certain information; however, this may impact the accuracy or relevance of the readings and insights provided.
3.5. The insights and predictions offered through tarot readings and horoscopes are subjective and intended for entertainment purposes only. They should not be relied upon as a substitute for professional advice, including but not limited to medical, legal, financial, or psychological advice.
3.6. The AI tools used are based on patterns and probabilities and are not capable of guaranteeing specific outcomes or results.
3.7. We are not responsible for any decisions or actions you take based on the readings or insights provided.
4. ACCOUNT AND PASSWORD
4.1. The Services are provided via a dedicated account.
4.2. You are responsible for keeping your account confidential.
4.3. By registering for an Account which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our App, you agree and acknowledge that:
4.3.1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
4.3.2. you must be at least 18 years of age.
4.4. You are also responsible for any use of any account that you have access to, whether or not you authorized the use.
4.5. You will immediately notify us of any unauthorized use of your accounts.
4.6. You are solely responsible for any losses, damages, fees, or liability due to your lost, stolen, hacked, or otherwise compromised account.
5. ACCOUNT SUSPENSION AND TERMINATION
5.1. We reserve the right, at its sole discretion, to suspend or delete, at any time and without notice, user accounts which it deems inappropriate, offensive, or in violation of these Terms.
5.2. We will determine, in our discretion, whether there has been a breach of these Terms through your use of our App. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
5.3. Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our App, and may result in our taking all or any of the following actions:
5.3.1. immediate temporary or permanent withdrawal of your right to use our App;
5.3.2. immediate temporary or permanent removal of any services rendered;
5.3.3. issuance of a warning to you;
5.3.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
5.3.5. further legal action against you; and/or
5.3.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.4. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
6. SUBSCRIPTION
6.1. We provide both premium access (“Premium Services”) and advertisement-supported supported free access (“Free Services”) on a per-account basis.
6.2. The Premium Services require payment of subscription fees before you can access or use them (“Fees”). These Fees will be notified to you through our App.
6.3. If you purchase a recurring subscription from us, the subscription period for your account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our App. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees:
6.3.1. upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
6.3.2. on the renewal date of the subscription period thereafter, without any further action by you.
6.4. Any Fees due in relation to your account must be paid by their due date for payment, as notified to you through our App or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your account and/or our App or any of the Services.
6.5. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
6.6. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
6.7. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
6.8. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off, or counterclaim whatsoever.
6.9. Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
7. CANCELLATION
7.1. When canceling a monthly subscription, all future charges associated with future months of your subscription will be canceled.
7.2. To cancel your subscription, you will need to access your Apple App Store or the Google Play Store account and follow the instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services enabled by your subscription.
7.3. Because our Services may be utilised without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account.
8. REFUNDS
We provide digital services, as such content is immediately viewable and usable. Therefore, the following apply:
8.1. All Sales Are Final. We do not offer refunds.
8.2. No Returns or Exchanges. As we provide a digital service, returns and exchanges do not apply.
9. CHARGEBACKS
You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any purchase. If you make a payment through and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined in our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and/or pursue legal action as the case may be.
10. TECHNICAL ERROR
In the unlikely event that you are experiencing or have experienced a technical error, please contact us with details and images of your experience so we can investigate the error and determine if a refund is owed to you.
11. DATA CHARGES AND MOBILE DEVICES
You are responsible for all data-related charges that you may incur for using our App, including, without limitation, mobile, text messaging, international roaming, or high data usage costs. and data charges. You should understand or ask your service provider what charges you may incur before using the App.
12. WARRANTIES AND AI CONTENT DISCLAIMER
12.1. While we make all efforts to maintain the accuracy of the information in our App, we provide the services and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
12.2. We make no representations about the suitability, reliability, timeliness, comprehensiveness, and accuracy of the services or our App.
12.3. Equinox cannot guarantee that the content and information and the provision of the content of our services and on our App will always be correct or fault, error and virus free.
12.4. Equinox does not accept liability for incorrect content or errors and omissions in Services and on our App or its content (whether of legal, typographical, technical, or other nature).
12.5. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our App or any services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the services, our App, the related content, or electronic communications sent by us are free of viruses or other harmful components.
12.6. As part of the services, you may have access to AI-generated content and information. Any information about and generated by AI is provided on an “as is” basis. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness, or correctness of any AI-generated content and information.
12.7. The AI-generated content and information is provided for general information purposes only and is not intended to constitute or substitute legal or other professional advice of any kind whatsoever. The AI-generated content and information is not intended or implied to be a substitute for professional advice.
12.8. You are encouraged to confirm any information obtained from or through our App with other sources and review all information provided. Please do not disregard professional advice or delay seeking advice because of something you have read on our website or in the AI-generated content and information.
12.9. We make no representations about the suitability, reliability, timeliness, comprehensiveness, and accuracy of the AI-generated content and information, and other content produced by our App.
12.10. We cannot guarantee that the AI-generated content and information and the provision of the content produced by our App will always be correct or fault, and error free.
12.11. We do not accept liability for incorrect content or errors and omissions in AI-generated content and information produced by our App (whether of legal, typographical, technical, or other nature).
12.12. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our App and the AI-generated content and information, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
13. PROPRIETARY RIGHTS
13.1. You acknowledge and agree that we own all intellectual property rights in our App. Except as expressly stated herein, these Terms does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of our App.
13.2. You confirm that you have all the rights in relation to our App that are necessary to grant all the rights it purports to grant under, and in accordance with, these Terms.
14. LIMITATION OF LIABILITY
14.1. We are not liable for the completeness, accuracy, or correctness of any information uploaded on our App and any related content. You expressly agree that your use of the services and our App, is at your sole risk.
14.2. You agree not to use the services, our App and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the services, our App or any other website or software) for:
14.2.1. loss of profits, sales, business, or revenue;
14.2.2. business interruption;
14.2.3. loss of anticipated savings;
14.2.4. loss or corruption of data or information;
14.2.5. loss of business opportunity, goodwill, or reputation; or
14.2.6. any other indirect or consequential loss or damage.
14.3. Nothing in these Terms shall limit or exclude our liability for:
14.3.1. death or personal injury resulting from our negligence;
14.3.2. fraud; and/or
14.3.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
14.4. Our App is not intended to serve a record-keeping function, and we shall not be liable for any loss of data or content.
14.5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the services and our App. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the services and our App which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law, or otherwise, is excluded to the fullest extent permitted by law.
15. INDEMNITY
You agree to indemnify and hold us, our related parties, and our respective directors, officers, employees, agents, and representatives, independent contractors, licensees, successors, and assigns harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default, or omission, whether in your use of our App, services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
16. OTHER IMPORTANT TERMS
16.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
16.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3. No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.
16.4. These Terms and any document expressly referred to it constitute the entire agreement between us.
16.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6. 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.
16.7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Turkey. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Istanbul.
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