Photonic (hereinafter referred to as “the application”, “our”, “we” or “us”) is owned and operated by Grisoft Yazılım ve Bilişim Hizmetleri Limited Şirketi. This Terms of Service herein is owned and operated by Grisoft Yazılım ve Bilişim Hizmetleri Limited Şirketi which enable the use of applications by Grisoft shall be valid for all services given to you by Grisoft.
These Terms of Service will provide you the right to use the software applications, web sites, tools and other features (collectively, the “Services”) of the Application. If you are using the Application when you are acting as a business entity, please note that the transactions you make are binding for your business.
By using our Services, you confirm that you accept our Terms of Service herein and you agree to comply with them. If you do not agree with the Terms of Service, please do not install and use the Application.
We grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to utilise Photonic Services, through a mobile device or application. 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.
You accept that the contact information which the user has declared while becoming a member may be used for bulletins, marketing and advertising purposes
If you have any questions about these Terms or our Services, please contact at [email protected]
Last Update: July 10, 2021
- Description of Services and Fees
Photonic; It is a mobile application that allows you to create animated videos. In addition to editing options, you can enhance your photos and pictures with stunning filters and overlays. You can record your work, share it via message, e-mail or social media channels.
Different fees may be determined and arranged for different countries while purchasing. The user will be notified about the fee before the purchase. However, if users change their settings in Google accounts and select a different country, the notified fees may vary. Fees notified to the user are arranged according to the country which they have selected in the account settings. As long as you do not cancel, your service automatically renews at the end of each service period and proceeds for the length of the previous service period.
We wish you to be completely satisfied with our services. Malfunctions may be encountered from time to time. We solve 99% of the problems that our users encountered by making maintenance and by other actions taken by us to provide you an issueless use of our services.
The requests for refunding (returning money) is dealt with by Google Play, not by the Application. You can submit a request via https://support.google.com/googleplay . Be aware that no refunds can be made for deleted accounts if they have violated our Terms of Service. - Termination
The license for use of the Services provided herein is effective until terminated. You may terminate your license at any time by removing the mobile application from your devices. We reserve the right, without notice and in our sole discretion, to terminate your license to access or use our Services according to your failure to comply with any of the Terms. We are not responsible for any loss or harm related to your inability to access or use our Services. - Eligibility
You must be at least 13 years of age to access or use our Services. If you are under 13 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 13 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. - Access
Our mobile application with the standard functionality is currently made available free of charge. We do not guarantee that our Services will always be available or be uninterrupted. You are responsible for making all arrangements necessary for you to have access to our Services.
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, it is at your own risk. - Updates and Support
We reserve the right to add or remove features or functionality to the application. When your mobile phone is set up, the application periodically communicates with our servers. When we release a new version of the Application or if we add new features to it, we may ask you to update the application on your mobile phone. Before you begin to use updated versions of the Application, you may be asked to review and may need to accept the updated Terms of Service. Continuing to use the Services after the update proves that the User has agreed and accepted the updated Terms.
The application constantly works to provide suitable and efficient technical support to the services and provides updates and upgrades. However, it is not mandatory to provide any maintenance or support for the Services under these conditions. - Privacy
Please find our Privacy Policy for detailed information about how we collect, use and disclose the information given by you. Transfer and storage of information about you is governed by our Privacy Policy as well.
Data security is provided by the Application. However, the user is responsible for any unauthorized access to user information, contact information and other contents; abusing, storage, reproduction, sale, copying, as well as illegal use of user information, contact information and other content. - Code of Conduct and Prohibited Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user and Photonic;
Create a false identity or otherwise misrepresents your or another true identity;
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
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.
You may, also, not create, post, store or share any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Photonic or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
Please note that you are not given the permission to use the name, logo or other commercial symbols of the Application. Please read our “Intellectual Property” section for detailed information.
Any violation of this section may cause you to be a subject to legal and/ or criminal penalties.
- Indemnification
You agree to indemnify, defend and hold harmless Photonic and each of out respective officers, directors, agents, partners and employees (collectively, the “Photonic Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs arising out of or related to your actions listed below:
· 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;
· Any use or content you submit via our Services;
· Any activity in which you engage on or through the Services
· Any misrepresentation made by you.
· Your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights)
You agree to promptly notify Photonic of any third party Claims, cooperate with Photonic in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). - Abuse of Photonic Services
Photonic reserves the right to investigate suspected violations of our Terms, of Service herein and may seek to gather information from the user who is suspected of violation, and from any other user. We will collect and use such information in accordance with our Privacy Policy.
In its sole discretion, Photonic may restrict, suspend or terminate the account of any User who abuses or misuses the Services. By accepting our Terms of Service herein, you waive and hold harmless Photonic and Photonic parties from any claims arising out of the action taken by Photonic according to such misuse of the Services by either Photonic or law enforcement authorities.
10.Intellectual Property Rights
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, patents, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, user generated filters and other content contained therein (collectively, the “Photonic Content”) are owned by or licensed to Photonic and are protected by copyright laws and international copyright treaties and all other applicable intellectual property laws.
Using our Services does not give you ownership of any intellectual property rights in our Services. Photonic and our licensors reserve all rights in and to our Services and the Photonic content. You are hereby granted a limited, nonexclusive, nonassignable, non-sublicensable, revocable license to access and use our Services and Photonic Content for your own personal use.However, such license does not give you the right to (a) sell, resell or commercially use our Services or Photonic Content; (b) copy, reproduce, distribute, publicly perform or publicly display Photonic Content, except as expressly permitted by us or our licensors; (c) use any data mining, robots or similar data gathering or extraction methods; or (d) use our Services or Photonic Content other than as expressly provided in these Terms. Any use of our Services or Photonic Content other than as specifically authorized herein, without our prior written consent, is strictly prohibited and will terminate the license granted under these Terms.
11.Copyright and Trademark Complaints
If you believe that anything on our Services infringes any copyright that you own or control, you may notify Photonic through:
E-Mail Address : [email protected]
12.Disclaimer of Warranties
YOUR USE OF OUR SERVİCES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHILE PHOTONIC ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT WARRANT THAT THE SERVICES PROVIDED ARE ACCURATE, RELIABLE, ERROR-FREE, UNITERRUPTED; THE APPLICATION OR SERVICES OR THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE APPLICATION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ITS USERS’ BEHAVIORS; THE USER SHALL INDIVIDUALLY AND SOLELY BE RESPONSIBLE FOR HIS/HER ACTIONS AND INTERACTION WITH OTHER USERS. - Limitation of Liability
PHOTONIC AND THE OTHER PHOTONIC PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF PHOTONIC OR THE OTHER PHOTONIC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH USE OF, OR INABILITY TO USE THE PHOTONIC SERVICES.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABİLITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF PHOTONIC OR THE OTHER PHOTONIC PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. - Applicable Law
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Turkey. Any conflicts which may arise between the Application and the user shall initially be settled according to Turkish Law. In the event of failing to reach an agreement, both Parties agree, declare and undertake that courts of Istanbul will have exclusive jurisdiction. - Severability
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.
We may agree to amend these Terms of use in order to ensure the terms are valid, lawful and enforceable. - Changes to These Terms
We may revise these Terms at any time by amending this page. Please see over this page from time to time to check if there are any changes that we made, as they are binding. - Third Party Contents
Where our Services may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those third party sites or resources.
18.Subscription Management and Cancellation
Subscription cancellation and monetary claims are handled by Google, not by the app.
Uninstalling the app does not automatically stop your subscription. To cancel your application subscription; you need to first enter the Google Play Store from your android phone or tablet and select the “Subscriptions” section from the menu. In the Subscriptions section, click on the “Cancel Subscription” button of your subscription you wish to cancel and follow the on-screen instructions.
You can also follow the steps to unsubscribe from Google Play Store and track your refunds at https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid
Privacy Policy
SUMMARY
Below is a summary of some key terms of this Privacy Policy. This summary is for your reference only and does not form part of the Privacy Policy.
We at Grisoft Yazılım ve Bilişim Hizmetleri Limited Şirketi Technology listen to our users and we are committed to protecting the principles of privacy and fair use that underpin our values to offer a transparent and secure service. We want you to be confident that your personal data is safe and secure with us.
This Privacy Policy explains the following:
o how we collect your personal data;
o what personal data we collect;
o how we use your personal data;
o who we share your personal data with; and
o the rights and choices you have when it comes to your personal data.
- Who are we?
When we say “Photonic” “our,” “we,” or “us,” we’re talking about Grisoft Yazılım ve Bilişim Hizmetleri Limited Şirketi Technology . This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, games, features, software, and website (together, “Services”) unless specified otherwise.
This Privacy Policy explains how we will use personal data about you and the steps we take to ensure your personal data is kept secure and confidential. It should be read together with our Terms of Service. - How do we collect personal data?
We may obtain personal data from you through the websites, mobile applications or other similar devices, channels or applications operated by or on behalf of Grisoft - What personal data do we collect?
We collect personal data about you when you give this to us in the course of registering for and/or using our Services for example we may collect your name, address, e-mail address or telephone number.
Note that it is your responsibility to check and ensure that all data, content, material or data you provide us is correct, complete, accurate and not misleading.
Data that you may provide voluntarily
Certain parts of our Services may ask you to provide personal data voluntarily. For example, we will ask for certain data in order for you to register for an account with us, to begin using our Services, to access a photograph for editing, to subscribe to marketing communications from us, and/or to submit enquiries to us, such as:
· Contact and correspondence data (such as name and email address);
· User name and password;
· Profile data (such as profile photo and biography);
· Photograph from your device and
· Other data you choose to give us (such as data to identify a lost account).
The personal data that you are asked to provide, and the reasons why you are asked to provide it, we will try to explain to you at the point we ask you to provide your personal data.
Data that may be collected automatically
When you use our Services, we may also collect data automatically from you and/or your device which may be considered personal data under applicable data protection laws, such as:
· Data and analytics about your use of our Services;
· Your IP address and mobile device identifiers (such as your device ID, advertising ID, MAC address, IMEI);
· Data about your device, such as device name and operating system, browser type and language;
· Data we collect with cookies and similar technologies;
· Broad geographic location based on your IP address;
· Precise geo-location data (GPS, with your consent); and
· Data about your use of our Services, such as in application interaction and usage metrics.
Advertising ID means Apple Identifier for Advertisers (“IDFA”) on Apple and Google Advertising Identity (“GAID”). These are unique identifiers for mobile device that advertisers use for interest based advertising. They are consistent across all apps and thus allow cross-app tracking. On Apple you can opt-out this by choosing “limit ad tracking” option from privacy settings. On Google Android you can opt-out by choosing “Opt-out of interest based ads”.
Advertising IDs are non-permanent, non-personal identifiers, which are uniquely associated with your device. Similar technologies include tracking pixels within ads. These technologies allow companies (including marketers and advertisers) to recognise your device when you use websites and applications.
Data about your device refers to data about your device type, device model, device maker, device operating system and its language or other technical data like screen size or processor, or combination of this data available from a device for a developer for checking the device compatibility with a particular application.
Some of this data may be collected using cookies and/or similar technologies (such as “SDKs” or software development kits), as explained further below.
Data that we may obtain from third party sources
We may receive personal data about you from third party sources. For example, if you clicked on an advertisement to direct you to one of our Services we may be provided with data from which ad-network and advertising campaign the install originated from.
You may choose to connect to our Services via your social media account. Exactly what data we receive from your social media will depend on your social media privacy settings, but it would typically include your basic public profile data such as:
· your username;
· profile picture;
· age range; and
· gender
The data that we may collect from our partners could include;
· Data we receive if you link a third-party tool with our Services (such as Facebook, Apple or Google);
· Demographic data (such as to determine the location of your IP address);
· Data to fight fraud (such as click fraud in advertising);
· Data from platforms that our Services run on (such as to verify payment); and
· Data for advertising and analytics purposes, so we can optimise the Services we deliver to you.
We do not request or intend to collect any special or sensitive categories of data such as any data on health, race, religion, political opinions, sexual preferences or orientation.
The app does use third party services that may collect information used to identify you.
Link to privacy policy of third party service providers used by the app
Google Play Services
AdMob
Google Analytics for Firebase
Firebase Crashlytics
StartApp
- How do we use your personal data?
We may use your personal data: - to enable you to access and use the Services. For example;
· To create user accounts and profiles;
To edit, amend a picture;
· To provide you with the correct versions of our applications and/or games; and
· To send you service related communications including confirmations, technical notices, updates, security alerts, and support or administrative messages
- to personalise and improve aspects of our Services. For example;
· To respond to your customer support requests;
· To receive error messages about any issues you / your device encounters with our Services to enable us to fix bugs and interoperability issues;
· To detecting and preventing illegal activities;
· To track application installs, for purposes of measuring the effect of our marketing campaigns;
· To conduct optional user feedback surveys;
· To remember you next time you visit one of our Services; and
· Communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by us. - to communicate with you, including some or all of the following:
· To provide you with in-app offers and rewards based on your interaction with our Services;
· To serve you with relevant targeted advertisements;
· To make you offers to purchase in-app items on discount based on your activity with our application and your purchase history; and
· To send you marketing communications and/or newsletters if you have subscribed for them about rewards and promotions. - for research, such as analysing market trends and customer demographics;
- To comply with legal obligations, including to prevent and/or detect fraud or provide disclosure to the authorities when required by applicable law.
- To create application ads with the use of photos that were provided to our application by you
- Why do we process your personal data?
We will only collect and use your personal data (as described in section 4) in accordance with data protection laws. Our grounds for processing your personal data are as follows: - Consent – Where necessary we will only collect and process your personal data if you have given your clear and affirmative consent for us to do so.
- Legitimate Interests – We may use and process some of your personal data where we have sensible and legitimate business grounds for doing so. Under European privacy laws there is a concept of “legitimate interests” as a justification for processing your personal data. Our legitimate interests for processing your personal data are for us to enable you access and use of our Services, to communicate with you about our Services and to improve our Services.
- Who do we share your personal data with?
When you use any of our Services, we may disclose your personal data to the following parties:
a) To our group companies, third party services providers and partners who provide data processing services to us. For example, to support the delivery of, provide functionality on, or help to enhance the security of our Services, or who otherwise process personal data for purposes that are described in this Privacy Policy or notified to you when we collect your personal data.
b) to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary.
c) to any other person with your consent to the disclosure. - What cookies do we use?
A cookie is a very small text file placed on your computer or device. We and our partners use cookies and similar technologies to provide and personalise our Services, analyse use, target advertisements and prevent fraud. You can disable cookies in your browser settings, but some parts of our Services may then not function properly. - What advertisements do we show on our Services?
The advertisements that you see displayed on our Services are delivered on our behalf by certain third-party advertising companies. No data which identifies you, for example your name, address, email address or telephone number, is used to provide this advertising. In order to display advertising most likely to be relevant to you, these third-party advertisers may place or recognise a unique cookie on your browser. This cookie does not collect personal data about you nor is it linked to any identifiable data about you. By using our Services, you are consenting to the use of these third-party cookies for these purposes.
If you would like more data about online advertisements and your choices about how this data may be used by these companies, please find more data here http://www.youronlinechoices.com/uk/your-ad-choices. - What steps do we take to keep your personal data safe?
Your personal data’s security is very important to us. This is why, where it’s appropriate, we use HTTPS to help keep data about you secure. However, no data transmission over the internet can be guaranteed to be totally secure.
We do our best to keep the data you disclose to us secure. However, we can’t guarantee or warrant the security of any data which you send to us, and you do so at your own risk. By using our Services, you accept the inherent risks of providing data online and will not hold us responsible for any breach of security. - How long do we keep your personal data?
Unless a longer retention period is required or permitted by law, we will only retain your personal data only for as long as reasonably necessary to fulfil the purposes outlined in this Privacy Policy and for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and enforce our agreements. We will for example periodically de-identify unused user accounts and regularly review our data sets. - Do we transfer your personal data outside of the country you are resident?
Our Services are global by nature and your personal data may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country. We take steps to ensure adequate safeguards are in place to protect your data as explained in our Privacy Policy. Adequate safeguards that our partners may use include standard contractual clauses approved by EU Commission and the Privacy Shield certification in case of transfers to the USA. - Age Limits
We do not knowingly collect or solicit personal data about or direct or target interest based advertising to anyone under the age of 13 or knowingly allow such persons to use our Services. If you are under 13, please do not send any data about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 should provide us any personal data. If we learn that we have collected personal data about a child under age 13, we will delete that data as soon as it is practicably possible. - Your personal data rights and how to contact us
You have certain rights under existing data protection legislation including the right to request a copy of the personal data we hold about you, if you request it from us in writing.
i. Right to access: the right to request copies of your personal data from us;
ii. Right to correct: the right to have your personal data rectified if it is inaccurate or incomplete;
iii. Right to erase: the right to request that we delete or remove your personal data from our systems;
iv. Right to restrict our use of your data: the right to ‘block’ us from using your personal data or limit the way in which we can use it;
v. Right to data portability: the right to request that we move, copy or transfer your personal data;
vi. Right to object: the right to object to our use of your personal data including where we use it for our legitimate interests.
To make enquiries, exercise any of your rights set out in this Privacy Policy and/or make a complaint please contact us at [email protected]
Changes to this Privacy Policy
We reserve the right to amend or modify this Privacy Policy at any time and any changes will be published on our Services. The date of the most recent revision will appear on this page. If we make significant changes to this policy, we may also notify you by other means such as sending an email. Where required by law we will obtain your consent to make these changes. If you do not agree with any changes, please do not continue to use our Services.