Terms of Use

1. Preamble

These Terms of Use (the “Terms”) set forth legally binding terms and conditions that govern your access to and use of the mobile application named Pure. (the “App”), and the services and materials offered thereon. The App is owned, operated, and distributed by Pulpolabs Bilişim Anonim Şirketi, a company incorporated and validly operating in the Turkish Republic (hereinafter referred to as “PulpoLabs”, the "Company", “we”, and through similar words such as “us”, “our”, etc.).

Through the App, the company offers skin care coaching to end-users (respectively, the "user," "you," or "your") to analyze skin, track skin improvements, build lifestyle habits, and remind them of daily routines. 

These Terms are entered into by and between you and the Company, and together with the Privacy Policy and any other documents expressly incorporated by reference, in order to govern your access to and use of the App, as well as any content or functionality of the Services.

By downloading, accessing, using, and signing up for the App, you acknowledge that you have read, understood, and agreed to be bound and abide by the provisions set forth in these Terms. In case of not accepting these Terms (or any part thereof) or the Privacy Policy, you shall cease your access and/or use of the App and delete your account on the App immediately. 

The Company is fully committed to protecting our users’ and others’ privacy and security and addressing their concerns. You may read our Privacy Policy to learn about how we are handling your personal data, in greater detail.


2. Changes to the Terms

We reserve the right to update and modify these Terms by providing Users with notice of updates and modifications. In this regard, we will notify you by e-mail or any other communication channels at least 30 (thirty) days before the date on which the updates, modifications, or amendments to the Terms will enter into force. If you do not agree with the change(s) of these Terms, you may terminate these Terms immediately by discontinuing your access or use of the App and deleting your account on the App. If you continue to access or use the App after the update, we will consider you as accepting the amended Terms.

These Terms shall also apply, including without limitation to any new functions, features, or tools added to the App.

The up-to-date version of these Terms can be accessed here at any time. It is in your best interest to regularly check the Terms for any updates, modifications, or amendments that might affect you. 

We will not be liable for any reason if all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the App to User(s).


3. Definitions

‍The terms below shall be understood as follows within the context of herein Terms.

Account: An account on the App, allowing the Users to access the contents of the App and use the Services following the account creation process.

App: Mobile application named Pure., developed and created by the Company to provide the Service(s).

Force Majeure Event: Floods, earthquakes, or other comparable elements of nature or acts of God, wars, civil disorders, or revolutions in any country affecting the operations of the Company, or any other event beyond the reasonable control of the non-performing party including without limitation failures of the internet or any public telecommunication network, denial of service attacks, viruses, or other malicious software attacks, given that the default or delay could not have been avoided or prevented.

‍Intellectual Property Rights: All registered or unregistered, registerable, or un-registrable intellectual property rights in whole or in part, anywhere in the world, and including without limitation copyrights, trade secrets, know-how, business names, trademarks, service marks, and patents.

Service(s): The following services that the Company provides to the User through the App under these Terms: 

(i) Enabling User(s) to find out their skin type, discover problematic areas, and benefit from tailored routine suggestions

(ii) Enabling User(s) to get timely reminders about their routines and goals

(iii) Recommending skin treatments in terms of the goals chosen by User(s)

(iv) Offering User(s) two ways to use the App; (a) through taking a selfie or uploading a photograph, (b) through describing skin characteristics and other habits

(v) Enabling User(s) to track their daily routines and create lifestyle habits

Update: Periodic or one-time updates or minor improvements to the App.

User: A natural person who creates an Account on his/her own behalf, and who may access and use the Services on the App.

Visitor: Any person who accesses the App and is not a User.


4. Coverage and Usage of the App

Pure. is an application designed to help users develop lifestyle habits, such as sleeping and moisturizing regularly to solve skin problems; provide self-care tips; analyze skin characteristics (either through the user's photo or by describing their skin features); set goals to eliminate skin problems; customize skin care routines; and allow users to develop lifestyle habits.

ALL INFORMATION, CONTENT, AND MATERIAL OF THIS APP IS FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO SERVE AS A SUBSTITUTE FOR THE CONSULTATION, DIAGNOSIS, AND/OR MEDICAL TREATMENT OF A QUALIFIED PHYSICIAN OR HEALTHCARE PROVIDER. IN NO WAY OFFERS ITS USERS MEDICAL SOLUTIONS, MEDICATIONS, DIAGNOSES, HEALTH APPLICATIONS AND TREATMENTS FOR SKIN CONCERNS. AS PURE. IS UNABLE TO DIRECTLY EXAMINE THE USER AND RELIES ON INFORMATION PROVIDED BY THE USER ALONE THE OUTCOMES MAY NOT BE FULLY ACCURATE. PULPOLABS CANNOT BE THE SUBJECT OF ANY REQUEST FROM USERS IN THIS REGARD AND CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE IN THIS REGARD. BY USING THE APPLICATION, YOU ARE DEEMED TO UNDERSTAND THAT PULPOLABS DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT AUTHORIZED TO DO SO IN ANY WAY. OUR SERVICE IS NOT INTENDED TO REPLACE A FULL EXAMINATION BY A SKIN CARE PROFESSIONAL AND WE RECOMMEND FOR THE BEST RESULTS THAT YOU SHOULD CONSULT WITH A PHYSICIAN OR HEALTHCARE PROVIDER.

For more information, please visit the Disclaimer.


5. User Accounts
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Account Creation

Your access to and use of the App and the Services are contingent on signing up for an Account and providing your full name, your email address, and a password (collectively, the “Registration Data”) or signing into the App through existing accounts on certain social media platforms (i.e., Apple, Google, Facebook) designated by the Company.

The Company may, from time to time, modify or add new items to the Registration Data information fields required to create an Account (whilst updating the Privacy Policy accordingly), and you agree to promptly complete any such additional or modified information fields when and as requested by the Company.

The registration to and using the App itself are free of charge.

Unless you are at least 18 years of age, you should not create an Account or use the App by any means. Children under the age of 13 may not use the App or register for an Account. If you are a parent or a legal guardian allowing a person between the ages of 13 and 18 years of age (a “Minor”) to access or use the App or the Service and/or register with the App, you hereby agree to (i) oversee the Minor’s use of the App and their Account; (ii) assume all hazards and liabilities arising from the use of the App by the Minor and their Account; (iii) ensure that the content on the App is appropriate for the Minor; (iv) ensure that all information submitted by the Minor to us is accurate; and (v) provide the consents, representations, and warranties contained in the Terms on behalf of the Minor.

Your Account may be deleted without warning if we believe that you are a Minor, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

Account Responsibilities

‍You agree to create only 1 (one) unique Account and be the sole authorized user of your Account, keep your Account accurate, complete, and with up-to-date information. Your failure to keep your Account data accurate, complete, and up to date may lead to your inability to access and your use of the Services or the App or your Account’s termination by us. Therefore, you must either make necessary changes to the Account or inform us immediately of any changes to your information by emailing us.

If you provide any information that is untrue or inaccurate, not current, or incomplete, or if the Company suspects that your information is untrue or inaccurate, not current, or incomplete, the Company may, in its sole discretion, suspend or terminate your Account and refuse your current or future access to any Service. In such case, your skincare track data and lifestyle routines will be deleted without any previous notice, and you accept and undertake to assume full responsibility and you hereby disclaim and hold the Company harmless from and against any and all liability in this regard. Any personal information supplied hereunder will be subject to the terms of our Privacy Policy.

By registering, the Users agree to be liable for all activities that take place under their Accounts and agree to always keep the safety and privacy of the login credentials. As a User, if you become conscious of or reasonably suspect any violation of safety, including without limitation any loss, theft, or unlawful disclosure or use of your Account, you must promptly notify us. If we suspect that there is likely to be a breach of security or misuse of the App or the Service or violation of any obligation under these Terms, we may suspend or terminate your Account and your use of the Service and the App. Such termination or suspension may be immediate and without notice.

You also agree to ensure that you exit from your account at the end of each session. You should be cautious when accessing your account from a public or shared computer so that others are not able to view or record your e-mail, password or other personal information. We have the right to disable any password, or other identifiers, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms.

The Company cannot and will not be held responsible for any loss or harm caused by your inability to maintain the safety of your Account and password. Thus, the Company is not responsible for any loss or damage as a result of someone else using your Account, or the Registration Data with or without your knowledge.

IF YOU VIOLATE ANY PROVISION OF THESE TERMS, YOU HEREBY ACKNOWLEDGE AND ACCEPT THAT THE COMPANY MAY TERMINATE OR SUSPEND YOUR ACCOUNT AND ACCESS TO THE APP. IN SUCH CASE, YOU HEREBY DISCLAIM AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY RESULTING FROM SUCH TERMINATION OR SUSPENSION AND ACCEPT NOT TO HOLD THE COMPANY RESPONSIBLE FOR ANY CLAIMS FOR COMPENSATION, DAMAGE, OR REIMBURSEMENT IN THIS REGARD.


6. App Contents

‍The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of the App, the App as a whole, and all other elements of the App (collectively, the "App Content") are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. All App Contents are owned, controlled, or licensed by PulpoLabs or its subsidiaries and affiliates. Any use of the App Content without the Company’s express written consent is strictly prohibited. PulpoLabs reserves all rights to the App Content not granted expressly in these Terms. Any material downloaded or otherwise obtained through the use of the App is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

License to App Content

‍We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the App, the Services, and contents therein solely as provided under these Terms, and not for redistribution of any kind (the “License”). This License does not include any resale of (i) the App, Service, or contents thereof, (ii) any Registration Data, (iii) any other content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, chat, post, identifying mark, page, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the App and the Services which are and will remain the sole and exclusive property of the Company.

We retain all rights, titles, and interests in and to the App, including without limitation, (i) all texts, graphics, typefaces, formatting, graphs, designs, editorial contents, HTML, look and feel software, and data, (ii) all business processes, procedures, methods, and techniques used in the App, (iii) all other material and content uploaded or incorporated into the App such as the App Content, and (iv) all associated trade secrets and other intellectual property and proprietary rights recognized anywhere in the world (collectively, the “Company IP”). The Company IP is protected in all forms, media, and technologies currently known or to be developed hereinafter. The Company owns all Company IP, as well as the coordination, selection, arrangement, and enhancement of such Company IP as a Collective Work under intellectual property laws of any jurisdiction where the App is accessed, and all rights on the App, Services, and the App Content. The Company IP is protected by domestic and international laws regarding copyright, patents, and other proprietary rights.

The Company may revoke the License at any time for any reason or no reason and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise. 

Violation of the License hereunder or this provision may result in infringement of Intellectual Property Rights and contractual rights of the Company, Users, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
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Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise. You represent and warrant that your use of the App, Services and the App Content will remain consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty against any other party or violate any applicable law. In order to request permission for using the App Content, you may contact the Company through the channels set out in Section 19 of these Terms.

All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the App are the property of their respective owners. Reference to any product, service, process, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.
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7. Reviews, Feedback & Other Submissions

‍We welcome your comments, reviews, and feedback regarding our App and Services. We do not, however, accept confidential, proprietary information or a special category of personal data. Accordingly, all comments, feedback, suggestions, materials, information, and other submissions disclosed submitted, or offered to PulpoLabs using the App or otherwise (collectively, the "Comments") are not confidential.

License to Comments

‍You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to exploit the Comments in any manner and for any purpose, including to improve the App, products, the Services and create other products and services.


8. Communications

‍By providing the Company with your email address and using the App, you affirmatively consent to the use of your email address for notifications from the Company regarding important announcements and other administrative communications related to your use of the App. We may perform certain marketing and other advertising activities of the Company and third-party advertising partners, as more fully set forth in our Privacy Policy pursuant to your prior explicit consent. You will be able to opt-out receipt of certain emails and notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain services and other administrative notifications related to the App, your only way to opt-out of such messages is to cease using the App and delete your Account.

The Company reserves the right to contact you through the email provided for email marketing (informing you about beauty solutions, letting you know the upcoming products or services, etc.) upon your explicit consent and other related consent pursuant to the Data Protection and Privacy section of these Terms and the Privacy Policy.

The Company disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the App (the “Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. The Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.

By using the App, you expressly relieve and hold the Company harmless from any and all liabilities arising from the Third-Party Communications, including any loss or damage incurred as a result of any dealing between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

Without prejudice to the section titled “Data Protection and Privacy”, the foregoing clause herein is applicable to the extent permitted by the multinational compliance regulations including but not limited to the Personal Data Protection Law No. 6698 (“PDPL”) of the Turkish Republic, United States Privacy Law, the General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (the “CCPA”) for Users subject to such relevant legislation.


9. Access to the App and Availability of the Services

‍Saving the exceptions herein, the User shall have unlimited access to the App and the Services subject to the fulfillment of the User’s obligations under these Terms. The Company reserves the right to withdraw, amend or otherwise alter the functions of the App, and any Service, material, or content we provide through the App, at our sole discretion, and without any notice.

The Company shall make commercially acceptable attempts to guarantee the accessibility of the App and the Services during maintenance of or introduction of new services to the App, except that the Company shall not be liable for, (i) planned downtime, or (ii) any unavailability precipitated directly or indirectly by conditions beyond the Company’s realistic control including a Force Majeure Event or any violation of these Terms by any User.


10. Limitations on Use of the App

‍You are solely responsible for your all interactions with the Company or the App on or through the App. 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 to other users or to us.

While using the App, you may not:
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• Defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (e.g., rights of privacy and publicity) of the Company, or use information learned from the App or App Content to defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate legal rights of the Company or any other person;
• Breach any international, federal, or local legislation, regulation, rule, or ordinance;
• Contact the Company to share information that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, or that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals;
• Use the App or any Services other than for their intended purpose and/or for any purpose in violation of applicable local, state, federal, or international law;
• Spam, phish, pharm, pretext, bot, crawl, or scrape the App for any scandalous, obscene or immoral purpose;
• Interfere with or circumvent the safety measures of the App or the Services; 
• Attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the App or the Services;
• Restrict or inhibit any other User from accessing and using the App and/or any Services;
• Use a robot, spider, manual, and/or automatic process, or device to data-mine, data-crawl, scrape, or index the App in any manner;
• Hack or interfere with the App, its servers, or any connected networks;
• Adapt, alter, license, sublicense, or translate the App or the App Content for your own personal or commercial use;
• Modify or otherwise make derivative works of the App Content, or reproduce, distribute, or display the App Content except as expressly permitted under these Terms;
• Remove or modify, visually or otherwise, any copyright, trademarks, or other proprietary marks and rights owned by the Company;
• Use the App in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining the Company’s trade secrets for public disclosure or other purposes;
• Use, transfer, distribute, or dispose of the App or the App Content in any manner that could compete with the business of the Company; or
• Cause or induce any third party to engage in the restricted activities listed above.

Any use of the App or the App Content by violating the principles listed above without the prior written permission of the Company is strictly prohibited and will terminate these Terms, the License, and your access to the App automatically. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and the Company will take appropriate investigative and legal action for such illegal or unauthorized use. 

You are required to inform the Company immediately in case anyone makes or threatens to make a legal claim against you relating to your use of the Services and/or the App. If we request, you shall confirm such claim in writing and cease to access or use the App. In such case, we reserve the right to forward details to the appropriate regulatory authorities, as well as the courts if we are asked to do so.
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11. Data Protection and Privacy

‍Company hereby represents and warrants compliance with all relevant legislation, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Users for effective use of the Services (hereinafter referred to as the “Rules” collectively). 

The Rules include without limitation (i) Turkish Personal Data Protection Law No. 6698 (“PDPL”, “KVKK”); and (ii) if applicable, the Data Protection Directive and the General Data Protection Regulation (“GDPR”), (iii) if applicable, United States federal and relevant state laws with regards to data collection and data privacy including California Customer Privacy Act (“CCPA”) or any other Rules of another jurisdiction or rules, laws or any other part of the legislation enacted by the relevant data protection authorities, and any amendments and changes thereof.

Any personal information that you provide through the App is subject to our Privacy Policy. Please review the Privacy Policy for more information about how we collect and use your personal information.


12. Representations and Warranties

‍The App is available only to persons who are eighteen (18) years or older (or any greater age required to reach the age of majority under the applicable law of the state or jurisdiction of such User’s primary residence), or to persons who are between the ages of thirteen (13) and eighteen (18) who have their parent’s or guardian’s permission as stated in these Terms.

BY ACCESSING AND USING THE APP, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO REACH THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), OR HAVE YOUR PARENT’S OR GUARDIAN’S PERMISSION TO USE THE APP IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO AND TO BE BOUND BY THESE TERMS AND THAT YOU WILL SO ABIDE.

Each Party hereby represents and warrants to the other Party that, (i) such Party has the necessary power and authority to be bound by these Terms;(ii) compliance with these Terms and fulfillment of the obligations hereunder do not and will not, to the best of each party’s knowledge, violate any other agreement to which it is a party;(iii) no other restriction, limitation or contractual or statutory obligation exists preventing a party from fulfilling its obligations hereunder; and (iv) these Terms constitute a legal, valid and binding obligation when agreed upon by both parties.

The Company hereby represents and warrants to the User that, (i) it will have all necessary rights, licenses, know-how, expertise, and experience needed to operate the App and provide the Services hereunder; (ii) is the sole proprietor of the App and the Intellectual Property Rights (to the extent permitted in these Terms) on the App and has all legal rights, licenses, and authority to provide the User with the App or the Services as stipulated herein; (iii) the App and the Services shall also comply with all relevant legislation and regulations when used by the User in accordance with these Terms.

The User represents and warrants that (i) all Registration Data and any other information User submits to the App or shares with Company (if any) is true, accurate, current, and complete, (ii) User is the sole owner of all rights, titles, and interests in, or have obtained all necessary rights and licenses from the applicable owner of, any information User submits to the App or shares with Company (if any), and (iii) such information, when used for the purposes in which it is submitted onto Company, does not infringe the rights of any third party, including without limitation, Intellectual Property Rights, proprietary rights and rights of publicity/privacy. The User also acknowledges and agrees that s/he will be solely responsible for all Registration Data and other information that the User submits on or through the App and the Company or shares with the Company (if any) and will use the App solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the App or the Services as articulated by the section of Limitations on Use of the App.


13. Disclaimer of Warranties

‍Except as expressly set forth herein, the Company does not warrant or make any representation (expressly or impliedly) regarding whether (i) the results obtained from benefiting the App Content will be wholly accurate, entirely reliable, complete or truthful, or (ii) the quality of any Service, information, or other material acquired or obtained by the User through the App or the Service will meet his/her expectations or fit for a particular purpose or that any faults in the Service will be amended, and (iii) the App and the Services will be provided on an uninterrupted, secure or error-free basis. 

The Services and the App (and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. The Company makes no representation concerning the benefits or outcomes obtained from the App and/or the Services by the User or any third party. 

The App or the Services may become inaccessible, or it may not function properly with the User’s web browser, mobile device, and/or operating system. The Company cannot be held liable for any perceived or actual damages arising from content, operation, use of, or inability to use the App or the Services. ALTHOUGH PULPOLABS ENDEAVORS TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE APP OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

Some jurisdictions may not allow exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users, falling within the scope of such jurisdiction’s competence. These Terms grant Users specific legal rights, and Users may have other rights which vary from jurisdiction to jurisdiction. The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable laws.


14. Limitation of Liability

‍If the Company’s performance of its obligations under these Terms is prevented or delayed by any act or omission of User or any third party, the Company shall not be deemed in breach of its obligations under these Terms.

In no event will the Company, its developers, affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for defects or damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the App, any Service or any other apps linked to it and any content on the App (including the App Content) or such other apps including any direct, indirect, special, incidental, consequential or punitive damages, and also including but not limited to, personal injury, pain and suffering, emotional distress, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This Limitation of Liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or whatsoever, even if the Company has been advised of the possibility of such damage.

Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to Users falling within the scope of such jurisdictions’ competence. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.


15. Indemnification

‍The User shall defend, indemnify, and hold harmless the Company and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors from and against all costs, damages, and losses, including legal expenses resulting from any claim by third parties that (i) User’s use of the App, the App Content or other material infringement of any rights of the third parties, including without limitation, breach or violation of the Intellectual Property Rights or privacy rights of such third parties; (ii) the information shared with the Company or submitted via the App by User through the App or via the channels set forth under Article 19 is obscene, defamatory, illegal, unethical, or promotes illegal conduct; (iii) the User has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; and (iv) the User breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities under these Terms.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.


16. Unlawful Activity and Termination of Access to the App 

‍The Company reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail addresses, usage history, IP addresses, and traffic information.

The Company may terminate these Terms immediately in its sole discretion and without any prior notice or liability against you, suspend or terminate your use of, or access to the App, or delete your Account on the App and/or reset all your skin analysis and lifestyle habits data, at any time for any reason and under any conditions, including without limitation, if it is reasonably believed in good faith that you have violated or acted inconsistently with these Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable.

The Company may terminate your Account (or any part thereof), your password, or use of the App, or remove and discard any information stored, sent, or received via the App without prior notice and for any reason, including but not limited to; (i) concurrent access to the App with identical login credentials, (ii) permitting another person or entity to use your login credentials to access the App or the Services, (iii) any other access or use of the App or Services except as expressly provided in these Terms, (iv) any violation of the terms and conditions of these Terms or the rules and regulations relating to the use of, software and/or data files contained in, or accessed through, the App, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the App.

In case you violate any provision of these Terms, you accept, declare, and undertake that the Company may terminate or suspend your Account and access to the App and reset all your data until such termination or suspension at its sole discretion. In such case, you hereby disclaim and hold the Company harmless from and against any and all liability resulting from such termination or suspension and accept not to hold the Company responsible for any claims for compensation, damage, or reimbursement in this regard.

The User may terminate these Terms at any time by ceasing to access or use the App and deleting the Account. However, sections of these Terms that by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated in the section of “Following Termination”.


17. Following Termination

‍Upon expiry or termination of these Terms for any reason, all rights of the User and any Services shall be terminated instantly.
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The following clauses shall survive expiry or termination of these Terms “Definitions”, “Disclaimer of Warranties”, “Limitation of Liability”, “Indemnification”, “Unlawful Activity and Termination of Access to the App”, “Following Termination”, “Governing Law”, “Severability” and “Miscellaneous Provisions”, and all commitments of both Parties under these Terms shall cease to be fulfilled.


18. Governing Law

‍These Terms and all materials resulting directly or indirectly therefrom shall be governed and construed in compliance with the laws of the Republic of Turkey. 

Each Party irrevocably submits to the exclusive jurisdiction of the Courts in the Republic of Turkey for all such issues and waives any opposition to such judiciary from an authority, location, or inconvenient forum. In any proceedings, the prevailing party shall be allowed to recover from the other party the reasonable fees for its attorneys in relation to any other grant of court compensation. 


19. Severability

‍If any part of these Terms is found to be unlawful, void, or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only. The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or render any other part of these Terms, unlawful, void, or otherwise unenforceable, and generally, shall be reformed, construed, and implemented in such a way that reflects the intent of the Parties as conveyed in these Terms with its nearest lawful effect.

In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable, shall have no effect on the legality, validity, or enforceability of such provision in other jurisdictions. 


20. Miscellaneous Provisions

Headings

‍The headings used in these Terms are for reference reasons only and do not influence the interpretation and understanding of these Terms.
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‍Waiver

‍The Company’s failure to claim any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

‍Service Interruption

‍In order to ensure the utmost possible service level, the Company reserves the right to interrupt the App for maintenance, system update, or any other change, by informing the Users appropriately.

We will not be liable for any reason if all or any part of the App and/or the Services is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all parts of the App to the Users.

Within the limits of relevant legislation, the Company may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Company will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the App or any Service might not be available due to reasons outside the Company’s reasonable control, such as “Force Majeure”. 

‍Remedies Not Exclusive

‍Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under these Terms or in law or in equity.

‍Non-Exclusivity

‍These Terms are not exclusive.

‍No Strict Construction

‍Where an ambiguity or issue occurs with regards to any clause of these Terms, these Terms shall be construed as if collectively approved by the parties and no presumption or burden of proof shall be required in favor or disadvantage of either party by virtue of the authorship of any of the clauses under these Terms.

‍Assignment

‍Without prior written approval of the Company, these Terms or any rights or obligations conferred thereunder may not be transferred and delegated by the Users. Any attempt to grant, without such approval, any rights or responsibilities arising from these Terms shall be null and void ab initio.

The Company reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, by taking the Users’ legitimate interests into account. Provisions regarding change of these Terms shall apply accordingly.

‍Entire Agreement

‍These Terms constitute the entire agreement between the parties on the subject matter of thereunder and supersede any and all existing or prior written or oral agreements and/or communications relating to the subject matter of these Terms. 

‍Force Majeure

‍None of the Parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations if a Force Majeure Event prevents them from doing so.

Third-Party Services

‍The App may include embedded third-party content or links (such as hyperlinks) to third-party apps, resources, contents, or services (including external apps that are framed by the App as well as any advertisement displayed in connection therewith, and affiliate marketing links through which we may earn a commission if/when you click on or make purchases via affiliate links) that are not owned or controlled by the Company (collectively, “Third-Party Services”). 
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When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that the Company is not responsible or liable for the content, function, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If you believe any Third-Party Services violate applicable law or may be inappropriate, please notify the Company. The inclusion of any Third-Party Services does not imply any association between the Company and its operators. 

By using the App, you expressly relieve and hold the Company harmless from any and all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealing between you and any third parties, or as a result of the presence of such Third-Party Services on the App or failure of such Third-Party Services to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

When you are connected to or otherwise accessing a Third-Party Service, you agree that you are responsible for the following: (i) taking necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code, and other harmful effects; (ii) downloading, using or purchasing any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, or other errors; (iii) downloading, using or purchasing any material that violates confidentiality or proprietary rights of third parties and other proprietary rights, or that is subject to additional terms and conditions specified or unspecified; (iv) any financial costs or other liabilities against third parties arising from your actions or other activities; (v)  reading and understanding terms of use and privacy policies applicable to Third-Party Services. 

Interpretation

‍Unless the context requires, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be done on a day that is not a business day then the act must be performed on the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a body corporate, partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.

‍Independent Legal Advice

‍The user recognizes and accepts that it has had the chance to read these Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on the Terms’ provisions before acknowledging them.


21. Contact Information

‍If you have any questions or complaints about these Terms, please contact us at pure@pulpolabs.tech or any other channel under the “Contact” section on the App.