About this agreement.
Weather Diary (the “Licensed Application”) is made available through the App Store and is licensed, not sold. Your license is granted by Baran Toppare (“Application Provider” or “Licensor”).
1. Acknowledgement
This agreement is concluded between you and Baran Toppare only, not with Apple. Baran Toppare, not Apple, is solely responsible for the Licensed Application and its content. These terms may not provide usage rules that conflict with the Apple Media Services Terms and Conditions as of the effective date, which you acknowledge you have had the opportunity to review.
2. Scope of license
Licensor grants you a nontransferable license to use the Licensed Application on 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 and used by accounts associated with the purchaser through Family Sharing or volume purchasing.
These terms govern content, materials, services, and upgrades accessible from or purchased within the Licensed Application unless an upgrade is accompanied by a separate end user license agreement.
Except as permitted by the Usage Rules, you may not distribute or make the Licensed Application available over a network where multiple devices could use it at the same time. You may not transfer, redistribute, or sublicense it. If you sell your Apple device, you must remove the Licensed Application first. You may not copy, reverse-engineer, disassemble, attempt to derive source code from, modify, or create derivative works of the Licensed Application, its updates, or any part of it, except where such restrictions are prohibited by law or permitted by licenses governing included open-source components.
3. Maintenance and support
Baran Toppare is solely responsible for maintenance and support services for the Licensed Application as specified here or required by law. Apple has no obligation to provide maintenance or support for the Licensed Application.
4. Warranty
Baran Toppare is solely responsible for product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the Licensed Application fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the Licensed Application. Other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Baran Toppare’s responsibility.
5. Product claims
Baran Toppare, not Apple, is responsible for addressing claims relating to the Licensed Application or your possession and use of it, including product liability claims, claims that it fails to meet legal or regulatory requirements, and claims arising under consumer protection, privacy, or similar legislation. These terms do not limit liability beyond what applicable law permits.
6. Intellectual property rights
If a third party claims that the Licensed Application or your possession and use of it infringes intellectual property rights, Baran Toppare, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
7. Legal compliance
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You may not export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction where it was obtained. You also agree not to use it for purposes prohibited by United States law, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.
8. Developer name and address
Baran Toppare
Istanbul, Turkey
Email: [email protected]
Direct questions, complaints, or claims about the Licensed Application to the contact information above.
9. Third-party terms
You must comply with applicable third-party terms when using the Licensed Application. Weather Diary uses services with their own terms, including RevenueCat.
10. Third-party beneficiary
Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement. Upon your acceptance, Apple has the right to enforce these terms against you as a third-party beneficiary.
11. Consent to use of data
Licensor may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals, gathered periodically to facilitate software updates, product support, and other services related to the Licensed Application. Licensor may use this information in a form that does not personally identify you to improve products or provide services or technologies.
12. Consent to share consumption data with Apple
By using the app and making in-app purchases, you consent to our sharing information about your usage and consumption of purchased content with Apple when needed to resolve refund requests. This may include how you accessed and interacted with purchased content. This information is shared only as necessary to help Apple evaluate refund requests and in accordance with Apple’s policies.
13. Termination
This agreement remains effective until terminated by you or Licensor. Your rights terminate automatically if you fail to comply with its terms. Upon termination, your rights and licenses end and you must stop using and, if necessary, delete the Licensed Application.
14. External services
The Licensed Application may provide access to Licensor or third-party services and websites (“External Services”). You use External Services at your sole risk. Licensor is not responsible for examining or evaluating their content or accuracy and is not liable for them. Information displayed by the Licensed Application or External Services is for general informational purposes and is not guaranteed.
You may not use External Services inconsistently with these terms, to infringe intellectual property rights, or to harass, abuse, stalk, threaten, or defame a person or entity. External Services may not be available in all languages or locations. You are responsible for compliance with applicable law. Licensor may change, suspend, remove, disable, or limit External Services at any time without notice or liability.
15. No warranty
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED APPLICATION AND ITS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE CREATES A WARRANTY. IF THE LICENSED APPLICATION OR SERVICES ARE DEFECTIVE, YOU ASSUME THE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON CONSUMER RIGHTS, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.
16. Limitation of liability
TO THE EXTENT NOT PROHIBITED BY LAW, LICENSOR WILL NOT BE LIABLE FOR PERSONAL INJURY OR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER COMMERCIAL DAMAGES OR LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF LICENSOR WAS ADVISED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THEY MAY NOT APPLY TO YOU. EXCEPT AS REQUIRED BY LAW FOR PERSONAL INJURY, LICENSOR’S TOTAL LIABILITY FOR ALL DAMAGES WILL NOT EXCEED FIFTY U.S. DOLLARS ($50.00). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Government end users
The Licensed Application and documentation are “Commercial Items” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” as those terms are used in 48 C.F.R. §12.212 or §227.7202. They are licensed to U.S. Government end users only as Commercial Items and with only the rights granted to all other end users under these terms. Unpublished rights are reserved under United States copyright law.
18. Governing law
Except as stated below, this agreement and your relationship with Baran Toppare are governed by the laws of the State of California, excluding conflict-of-law provisions. You and Baran Toppare agree to the personal and exclusive jurisdiction of courts in Santa Clara County, California.
If you are not a U.S. citizen, do not reside in the United States, are not accessing the service from the United States, and are a citizen of the European Union, Switzerland, Norway, or Iceland, the governing law and forum are those of your usual place of residence.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
19. Changes to these terms
Baran Toppare may update these terms periodically. Changes will be posted on this page. Please review it regularly.
20. Contact us
Questions or suggestions about these terms can be sent to [email protected].