Terms of Use
Effective Date: December 1, 2024
Please read these Terms of Use (“Terms,” “Terms of Use”) carefully before using the Application Services operated by Ratel Bilişim Hizmetleri Limited Şirketi (referred to as “Ratel,” “we,” “us,” or “our”). We operate the Subcap mobile application (hereinafter referred to as the “Service”). The Service is an auto-caption application that allows users to add automatic captions to their videos. A “Subscription(s)” shall mean a specified pricing plan and term length with associated features, functionality, and volume tiers for the Application Services purchased by the Customer.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
Subscriptions
Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal at any time either through your online account management page or by contacting our customer support team.
A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information, including your full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free Trial
We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
We may, at our sole discretion and at any time, modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted at our sole discretion.
If we receive a refund request for an in-app purchase, we may provide Apple with information about the user’s in-app purchase activity. This could include details such as time since app installation, total app usage time, an anonymous account identifier, whether the in-app purchase was fully consumed, whether it included a trial period, the total amount spent, and the total amount refunded. By using our Service, you agree to the collection and sharing of this data with Apple for the purpose of processing refund requests in compliance with Apple’s policies.
Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of us and our licensors. The Service is protected by copyright, trademark, and other laws of both Turkey and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Links to Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by us.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Indemnification
You agree to defend, indemnify, and hold harmless us, our licensees and licensors, and our employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
We shall hold you harmless from liability to third parties resulting from infringement by the Service of any Turkey patent, copyright, or misappropriation of any trade secret, provided we are promptly notified of any and all threats, claims, and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement. We will not be responsible for any settlement we do not approve in writing. The preceding obligations do not apply with respect to portions or components of the Service:
(i) not supplied by us,
(ii) made in whole or in part in accordance with your specifications,
(iii) that are modified after delivery,
(iv) combined with other products, processes, or materials where the alleged infringement relates to such combination,
(v) where you continue allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or
(vi) where your use of the Service is not strictly in accordance with this Agreement.
If, due to a claim of infringement, the Service is held by a court of competent jurisdiction to be, or is believed by us to be, infringing, we may, at our option and expense:
(a) replace or modify the Service to be non-infringing, provided that such modification or replacement contains substantially similar features and functionality,
(b) obtain for you a license to continue using the Service, or
(c) if neither of the foregoing is commercially practicable, terminate this Agreement and your rights hereunder.
Limitation of Liability
In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use, or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
We, our subsidiaries, affiliates, and licensors do not warrant that:
a) the Service will function uninterrupted, secure, or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Denizli, Turkey, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Privacy
Your privacy, and that of your end-users, are governed by the policies set forth in our privacy policy.
In compliance with App Store requirements, our Privacy Policy has been updated to disclose the collection and sharing of usage data related to refund requests. Please refer to our Privacy Policy for full details.
Contact Us
If you have any questions about these Terms, please contact us at hello@ratel.com.tr