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Parties and Conclusion of the Agreement
The parties to this agreement are:
- Service provider: Muhammed Mustafa Geldi, operating under the name Swanky Software, Türkiye (“Swanky Software”). Contact: [email protected].
- User: The natural person who uses the Quitify application.
Conclusion of the agreement
This agreement is concluded when you start using the application; the terms are also accepted separately when an account is created. The current version of the terms is always available on this page and can be saved.
Scope of the Service
Quitify is a personal tracking application that provides tracking of the time since you quit smoking, cigarettes not smoked, savings and general health milestones, recording of reasons for quitting and purchase goals, motivational notifications, home screen widgets, and local and online backup.
Health information
Quitify is not a medical device; it does not diagnose, does not provide treatment and does not replace medical advice. The health milestones shown in the application are based on general information and the dates you enter; they do not measure the actual condition of your body and do not constitute a personal health assessment. Consult your doctor or a qualified healthcare professional about symptoms, medication or treatment options during your quitting journey. In a medical emergency, contact emergency services without delay.
Savings and calculations
Savings, spending and goal amounts are calculated from the consumption, price, date and currency information you enter. Incorrect or incomplete entries, your phone’s date setting and rounding may affect the results. Quitify does not hold money, does not transfer money and does not provide financial advice; marking a goal as purchased only changes the record in the application.
Free Use and Advertisements
Quitify is free of charge and contains advertisements; it does not offer in-app purchases or subscriptions. Charges for internet use are subject to the terms of your own service provider. If a paid feature is added in the future, the price and terms will be shown separately before purchase.
Advertisements are provided by third parties. The display of an advertisement does not mean that the advertised product or service is recommended or guaranteed by Swanky Software. The terms of the relevant third party apply to pages you reach by tapping an advertisement.
Account
- Optional account: The core features of the application can be used without creating an account. Online backup requires signing in with an email address and password or with a Google account.
- Capacity: You must be at least 18 years old to use Quitify and create an account.
- Accurate information: The user must use an email address that belongs to them and to which they have access, and must not create an account using another person’s identity.
- Account security: The user must keep their password confidential and protect access to their account. A user who suspects unauthorised access should change their password and report the matter without delay to [email protected].
Rules of Use
The user agrees to use Quitify only for personal purposes and in compliance with applicable law and these terms. The following conduct is prohibited:
- Unauthorised access: Attempting to access other users’ accounts or data.
- Circumventing security: Attempting to circumvent or disable authentication or access protections.
- Excessive load: Sending requests with automated tools in a way that disrupts the operation of the service.
- Misuse of advertisements: Artificially clicking on advertisements or manipulating ad impressions.
- Reverse engineering: Except where permitted by law, attempting to obtain the source code of the application, or copying, modifying or presenting the application as another product.
Records and Backups
Ownership of records
The records you enter in the application belong to you. Swanky Software processes these records only to provide the described functions, such as online backup, and does not use them for any other purpose. Details of the processing of personal data are described in the Privacy Policy.
Backup and restore
Online backup is optional and is managed under Settings > Account and backup. Restoring replaces the records on the phone with the records in the selected backup; changes made after the last backup are not included in the backup. Online backups created with Quitify version 1.7.1 or earlier cannot be restored in the current version.
A backup may fail to complete due to internet connectivity, sign-in status, device settings or service interruptions. It is not guaranteed that your records can be restored in every situation. You are advised to keep an up-to-date copy of your important records. Local backup files are not encrypted; keeping these files in a secure place is the user’s responsibility.
Intellectual Property and Licence
All rights in the Quitify application, its software, interface design, content, and the Quitify name and logo belong to Swanky Software. For as long as this agreement remains in force, the user is granted a non-transferable, non-sublicensable and non-exclusive licence to use the application for personal purposes. Third-party and open-source components used in the application are subject to their own licences.
Continuity of the Service and Changes
- Availability: Swanky Software endeavours to provide the service with reasonable care. Temporary interruptions may occur due to maintenance, updates, internet connectivity or third-party services.
- Updates: For security and compatibility reasons, updating to the current version of the application may be made mandatory and support for older versions may be discontinued.
- Changes to features: Swanky Software may improve or change the features of the application.
- Discontinuation of the service: If the online services are discontinued entirely, this will be announced a reasonable time in advance, where possible at least thirty days beforehand, and users will be given time to export their records as a local backup.
Liability
Swanky Software is obliged to provide the service with reasonable care.
Cases for which Swanky Software is not liable
- Health decisions: Health decisions made by the user on the basis of the general information in the application, and the consequences of those decisions.
- User-related circumstances: Incorrect or incomplete data entry, failure to protect account credentials, deletion or overwriting of records or backups by the user, and loss or sharing of local backup files.
- User’s device and connection: Problems arising from the user’s phone, internet connection or device settings.
- Events beyond control: Events beyond Swanky Software’s control that could not be prevented with reasonable care, such as natural disasters, general internet or power outages, and outages of third-party services.
Exceptions
The limitations in this section do not apply to liability arising from intent, gross negligence or fraud, to damage to life, body or health, to statutory liability relating to the protection of personal data, or to consumers’ mandatory statutory rights.
Termination of the Agreement
- By the user: The user may stop using the application at any time. The account and online backup must be deleted separately; uninstalling the application does not delete the account. Deletion methods are described on the Account and Data Deletion page.
- By Swanky Software: In the event of a material breach of these terms, unlawful use, conduct that endangers the security of the service or other users, or a decision by a competent authority, access to the account and online services may be restricted in a necessary and proportionate manner, or the account may be closed.
- Notice: Except in urgent security situations and where required by law, the user will be informed before the account is closed and given a reasonable period to remedy the breach.
Changes to the Terms
Swanky Software may update these terms in line with changes to the service or the law. Changes that materially affect the user’s rights or obligations will be announced in the application a reasonable time before they take effect. A user who does not accept a change may stop using the application and request the deletion of their account. Continued use of the application after the effective date constitutes acceptance of the updated terms. Changes do not apply retroactively.
Governing Law and Disputes
In the event of a dispute, the parties will first try to resolve the matter in good faith via [email protected]. This is not a precondition for applying to the competent authorities.
- Governing law: This agreement is governed by the laws of the Republic of Türkiye. Consumers residing in another country retain the rights arising from the mandatory consumer protection provisions of their country of residence.
- Consumers in Türkiye: Users who are consumers in Türkiye may apply to the consumer arbitration committees or consumer courts at their place of residence, within the monetary limits set out in Consumer Protection Law No. 6502.
General Provisions
- Entire agreement: The Privacy Policy forms an integral part of this agreement. Accepting this agreement does not constitute consent to data processing activities that legally require separate consent.
- Severability: If any provision of these terms is held invalid, the validity of the remaining provisions is not affected.
- No waiver: Failure or delay in exercising a right does not constitute a waiver of that right.
- Notices: Notices to the user are sent within the application or to the email address registered to the account.
- Language: In the event of a conflict between language versions of these terms, the Turkish version prevails, without prejudice to consumers’ mandatory rights.