End user licence agreement

This end user licence agreement (“EULA”) is between you and Omnibus Bilişim Arge Sanayi Ticaret Limited Şirketi, YTU Teknopark, Çifte Havuzlar Mahallesi Eski Londra Asfaltı Caddesi Kuluçka Merkezi A2 Blok No:151/1B/Z06, İstanbul / Türkiye (“we”), and covers the Koby app (the “Licensed Application”) obtained from the App Store, including the Mac App Store. You and we acknowledge that this EULA is concluded between you and us only, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Licensed Application and its content.

Our terms of use are part of this EULA. If they conflict with this EULA on a point that concerns Apple, this EULA prevails.

We grant you a non-transferable licence to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The Licensed Application may also be accessed by other accounts associated with you through Family Sharing or volume purchasing where the Usage Rules allow it. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application, or copy, decompile, reverse engineer or modify it, except as the law expressly allows.

We are solely responsible for providing maintenance and support for the Licensed Application, as described in our terms of use and on our help centre; contact support [at] withkoby.com. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

You and we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of it, including: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the Licensed Application's use of the HealthKit and HomeKit frameworks (Koby uses neither). This EULA does not limit our liability to you beyond what is permitted by applicable law.

In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Questions, complaints or claims about the Licensed Application: Omnibus Bilişim Arge Sanayi Ticaret Limited Şirketi, YTU Teknopark, Çifte Havuzlar Mahallesi Eski Londra Asfaltı Caddesi Kuluçka Merkezi A2 Blok No:151/1B/Z06, İstanbul / Türkiye; legal [at] withkoby.com or support [at] withkoby.com.

You must comply with applicable third-party terms of agreement when using the Licensed Application, for example your mobile carrier's or internet provider's terms.

You and we acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

The Koby app for Windows, the Koby app for Mac when downloaded from our website instead of the Mac App Store, and the parent web panel are governed by our terms of use. Sections 1 to 9 of this EULA also apply to them, but only where they concern us; what they say about Apple does not apply.