Disclaimers
The Terms of Use (“Terms”) are among you, and Heartbeat Inc. (“Heartbeat”) / Heartbeat App manages your access and use of the services, and Heartbeat mobile Application (the “App”), and the website located at www.buyukterzi.com/apps/heartbeatapp (collectively, the “Services”). The Services has provided you with our Heartbeat (Heartbeat) brand, social trading information owned and operated by Heartbeat collected from news services. Your use of the Services creates a binding contract with Heartbeat. You should use the Services only in compliance with the Terms and all applicable local, national, state, federal, and international rules and regulations, as well as any policies, terms of use, or guidelines of third-party sites and platforms you use in conjunction with the Services (collectively, “Laws”).By accessing and to prevent using the Services, you agree that you have read, understood, accepted, and agree to be bound by Heartbeat Terms and comply with them at all times.
Changes to the terms of use
Heartbeat may change, or remove any of the Services and any feature within the Services at any time and in its sole and absolute discretion without prior notice to you. In addition, Heartbeat may stop or suspend and resume providing the Services (or any features within the Services) or impose limitations from time to time to you or users frequently without prior notice.
Changes to Heartbeat
We may discontinue or change any service or feature on Heartbeat at any time without notice. We do not guarantee backward compatibility of our services and the third party’s data.
Ownership of Information; License to Use Heartbeat
Unless otherwise noted, all rights, titles, and interests in Heartbeat, and all information made available through Heartbeat or our services, in all languages, formats, and media throughout the world, including, but not limited to, all copyrights and trademarks therein, are the exclusive property of Heartbeat, our affiliates or our Data Providers, as defined in section 6 (disclaimer regarding content) below. All rights, title, and interest in and to any data or/and other information provided by us, in all languages, formats, and media throughout the world, including all copyrights and trademarks therein, are the property of Heartbeat, our affiliates, or our Data Providers (as applicable). You may not use any data mining, robots, or similar data gathering and extraction tools on the Heartbeat content, frame any portion of Heartbeat or its content, sublicense, assign, transfer, sell, loan, or otherwise distribute for payment the Heartbeat content without our prior written consent. You may not circumvent any mechanisms included in the Heartbeat content for preventing the unauthorized reproduction or distribution of the Heartbeat content. Except as otherwise expressly permitted by the preceding paragraph, you agree not to sell any of the services or materials in any manner or for any purposes without the prior expressed written consent of Heartbeat and our Data Providers. In addition, you shall not, without the prior expressed written consent of Heartbeat and the relevant Data Providers, make copies of any of the software or documentation that may be provided, electronically or otherwise, including, but not limited to, translating, decompiling, disassembling or creating derivative works. You are not allowed to create more than one account in the Application. If you do, we may block one or more accounts you created and remove all the contributions you made there. The Heartbeat Terms also apply to any communications between you and Us by any means, including software which We make available to you via the Application. References in these terms to “Services” means the Application, the Website, the Content, and the Heartbeat Software.
Data Privacy
We are using the only tracker time date data. We are waiting the incoming tracker trigger time and we are using this data for notification purposes. It is up to you to accept to get a push notification or not. Please consent if you refuse to get a push notification. You can opt-in or out anytime using your device setting. Heartbeat app is not responsible for the Apple Push Notification Service related notification delay.
User Content
You may have the capability and be able to keep the data, extract, share part of the information in social media or any other place. You are responsible for whatever you are sharing on the internet not to be unlawful, or the ones that violate copyright, and right of privacy. You agree to respect other users’ privacy while you are using the application. Without limitation, you agree not to do any of the following:
– Upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including, but not limited to, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
– Harm minors in any way;
– Impersonate any person or entity, including, but not limited to, (i) a Heartbeat or Third-Party
– Provider manager, employee, agent, or representative or (ii) forum leader, guide or host;
– Falsely state or otherwise misrepresent your affiliation with any person or entity;
– Forge headers or otherwise manipulate identifiers to disguise the origin of any material;
– Upload, post, or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
– Upload, post, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
– Upload, post, or transmit unsolicited commercial email or any form of content including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with SPAM, such as: (1) sending mass email to recipients who haven’t requested email from you or with a fake return address; (2) promoting a site with inappropriate links, titles, or descriptions; or (3) promoting any site by posting multiple submissions in forums that are identical;
– Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
– Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
– Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;
– “stalk” or otherwise harass another;
– Collect or store personal data about other users of the Service;
– Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty;
– Promote, offer for sale or sell any security or item, good, or service that i) violates any applicable federal, state, or local law or regulation, ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or iii) Heartbeat or the Third-Party Providers determine, in their sole discretion, is inappropriate for sale;
– Use the Forums as a forwarding service to another website; or
– Access or otherwise use the Forums in any unlawful manner, for any unlawful purpose, or in violation of these Terms and Conditions.
You agree with the terms and conditions of the Apple Store or any other company behind our application and Heartbeat is not responsible for any conflict between you and the third parties and we are free to terminate your access anytime you get to such conflict. Heartbeat is not responsible for issues related to the user data either your data or any other users.
Termination
Upon your request, your account can be deleted from Heartbeat. You may delete your account at any time by visiting your account page. If you requested your account be deleted, we would delete the personal data associated with your account. However, certain personal data will be retained if it has been integrated into data that is integral to our systems and site, including data in communications you have sent via our site. This data is necessarily retained for the integrity of the data on the site and our legitimate business purposes, including auditing, security, and other legitimate interests (please refer to our Privacy Policy for more information). Your published Contributions will remain on the site at our discretion. Once a Contribution has been published, it becomes part of the communal trading knowledge and should stay that way. This policy prevents users from keeping only their best ideas public, thus keeping everyone honest and maintaining public confidence in the reputation and integrity of the site. You agree that Heartbeat may, without prior notice, immediately terminate, limit your access to or suspend your Heartbeat account, any associated email address, and access to the Heartbeat services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Heartbeat services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) and/or engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Heartbeat’s sole discretion and that Heartbeat shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Heartbeat services.
Emails
By creating an account with Heartbeat, you agree that Heartbeat can use your email address to send you marketing materials, service-related notices, important information messages, special offers, etc. You can unsubscribe from this by clicking on the link provided in the emails.
Registered Users
Certain services, such as saving charts, publishing them, or the ability to comment on published charts, are available only to registered users of the Heartbeat website and require you to sign in with a username and password to use them. If you register as a user (a “Subscriber”) of any of the features of Heartbeat, during the registration process you may be prompted to click “Register Now”, “Submit” or a similar button; your click on such button will further confirm your agreement to be legally bound by these Terms of Use. In consideration of your use of the Heartbeat website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Heartbeat services under the laws of the United States or other applicable jurisdiction. You also agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Heartbeat’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, and current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Heartbeat has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Heartbeat has the right to suspend or terminate your account and refuse any and all current or future use of the Heartbeat services (or any portion thereof). You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright, or other proprietary rights, in and to your content. If you use third-party materials, you represent and warrant that you have the right to distribute third-party material in the content. You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including patent, privacy, and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material. We may remove your content without notice if we reasonably believe that you’re in violation of our Terms of Use.
Heartbeat License Agreement
This Consent Settlement is between you and Heartbeat and applies to the application and website and any related services. We generate a revocable license that is limited, is not exclusive, and is not transferable. The license is generated for you to use the Heartbeat application for personal use; you need to have written approval in order to use it for a commercial purpose. You are supposed to use the application on your personal device and be careful of any harmful security-related issues. You are supposed to use the Heartbeat platform personally and not share your device with anyone else. You may not use the application in any other way than what is guided in the application and website. Download any part of the services on any device. Reverse engineering, decompiling, or access to the Service in order to build a competitive product or Service. You are using the Service other than for its intended purposes. We guarantee that no user can or is allowed to change any part of these Terms, the Rules of the “Heartbeat” service, or any other regulations which relate to the Service, including, but not limited to, the creation of separate destinations with another rules and regulations different from what is expressed herein.
Intellectual Property Rights
The design of the Heartbeat app, along with the texts, scripts, graphics, interactive features and the like created by Heartbeat, as well as the trademarks, service marks, and logos contained therein, are owned by or licensed to Heartbeat, subject to copyright and other intellectual property rights and the US and foreign laws and international conventions. Heartbeat provides the Service to you AS IS for your information and personal use only. Heartbeat reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of posts of your contacts obtained through the Service for any commercial purposes.
Warranty
The Service and content included on or otherwise made available to you through the Service is provided on an AS IS and AS AVAILABLE basis without any representations or warranties of any kind. While Heartbeat attempts to provide a good user experience, we cannot and do not represent or warrant that the Service will always be secure or error-free or that the Service will always function without delay, disruptions or imperfections. Heartbeat cannot guarantee that its Service is virus-free. The user shall take all necessary safety measures and install the latest security updates, in order to prevent viruses. In the event of any failure of the application to conform to any applicable warranty, you may notify the marketplace from which you have downloaded the application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Limitation of Liability
Heartbeat shall only be liable for willful intent or gross negligence. This limitation of liability does not apply to claims for damages that result from injury to life, body, or health. Heartbeat shall not be liable for slight negligence, if no essential contractual obligation is violated, as far as no guarantee has been agreed upon for the quality of the Services, as far as there is no maliciously concealed defect, default, or impossibility for which Heartbeat is responsible. In case of slightly negligent violation of essential contractual duties, the fulfillment of which is required for the due execution of a contract and the observance of which the user relies on and may rely on, the claim for damages shall be limited to the amount of typically predictable damage. The above limitation of liability does not apply to claims for damages that result from injury to life, body, or health. Any issues and/or disputes, arising out of or connected with Heartbeat partners’ conduct, including, but not limited to, delivery, quantity, quality, assortment, information support, or any other features of the items provided to users in exchange of users’ actions shall be resolved between a user and the Heartbeat partner. Heartbeat may provide a user with a partner’s contact details upon a request, but in any case, bears no responsibility for such a partner’s conduct. As far as the liability of Heartbeat is excluded or limited, the same applies for the personal liability of the employees, representatives, and agents of Heartbeat.
Indemnification
You agree to defend, indemnify and hold Heartbeat harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney s fees) arising from (i) your use of and access to the Heartbeat Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your posts caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Heartbeat Service.
Privacy Policy
Please study the privacy policy and see what kind of user data we collect We provide you with information on how we collect and process our users’ data in our Privacy Policy section. At our discretion, we may add links (web links) to other websites from our Website. These websites can be run by third parties with separate and independent privacy policies. We, therefore, have no responsibility nor are we liable for any content, activities, or privacy policies of these linked sites. We suggest you read the privacy policy of each and every site that you visit.
Children and Sensitive Personal Data
This App/Website is not directed toward children who are under the age of 18. We do not knowingly contact or collect personal information from children below the age of 18 years, or sensitive personal data (“racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or a natural person ‘s sex life or sexual orientation,” etc.). Please consult Art. 9 GDPR for more information. If you believe we have inadvertently collected such information, please contact us immediately to either obtain special consent or delete the information.
Apple App Store Subscription (Related Apple Developer Program Schedule 2, Section 3.8(b))
The payments will be charged to the user’s Apple-ID Account at confirmation of purchase in compliance with Apple’s privacy policy. Please make yourself familiar with the terms of payment and Apple in-app subscriptions. If a purchase is made from the Heartbeat iOS app, the refund is only possible in compliance with the App Store policy. Once purchased, refunds will not be provided for any unused term portion. The subscription types will be renewed automatically monthly. You may cancel the renewal in the App-Store within at least a day before the end of your period or the existing payment date. The cancellation comes into effect at the end of the existing billing period. At the same time, you retain access to the subscription from the cancellation point until the end of the existing billing period.
Accounts may be charged for renewal up to a day before the end of the existing period.
If you have any questions about this Privacy Policy, please contact us at [email protected]