Terms of Service

This Terms of Service (and Conditions of Use) was last modified on May 6 , 2023

WHEN is a brand of FrontGuard Bilisim Hizmetleri ve Ticaret Limited Sirketi. FrontGuard Bilisim Hizmetleri ve Ticaret Limited Sirketi ("FrontGuard Bilisim Hizmetleri ve Ticaret Limited Sirketi", "When", "Frontguard LTD",  "Frontguard", “www.whenguard.com”, "we", "us" or "our", "company") provides this application, including any new features and related services, (collectively, the “Service” or “Services”) to you subject to the following Terms of Service (as amended from time to time, the “Terms of Service”, “Agreement”). This Agreement applies to all visitors, users, and others who access or use the Service (“Users”). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are accessing and/or using the Services on behalf of another individual, or as a consultant or agent of a third party, you represent and warrant that you have the authority to act on behalf of and bind such individual or third party principal to these Terms. 

Your use of the Services is also subject to the Privacy Policy located at https://horizon.whenguard.com/page/ios/privacy and https://horizon.whenguard.com/page/android/privacy , which is hereby incorporated by reference into these Terms of Service. In addition, when using certain related services and features provided by third parties in connection with the Service, you will also be subject to those third parties’ terms.

The Services are transacted through a licensed application for mobile devices. Our Licensed Application is licensed, not sold, to You for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to You.

Please read this Agreement carefully before you download, install or use the App.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, AS THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ‎REGARDING YOUR ‎LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, ‎INCLUDING ‎VARIOUS LIMITATIONS AND ‎EXCLUSIONS ON DAMAGES ‎YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO ‎US‎. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAWS, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY ACCESSING OR USING THE SERVICE, YOU INDICATE YOUR CONSENT TO THIS AGREEMENT.

IMPORTANT: BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES WITH DYNAPPS BILISIM HIZMETLERI VE TICARET LIMITED SIRKETI THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTIONS 13 BELOW.

 

1. Introduction

The Service is a tool operated by WHEN which provides you, as the Subscriber’s parent or legal guardian (“Parent”, “you”, “your”) with online notification alerts for screen time.

With this application, you, as a parent, can only track your child's mobile phone number. Before tracking the mobile number, an SMS verification code will be sent to that phone number. (Every 6 months we will ask for SMS verification from your child's phone number.) If you do not enter this code, you will not be able to use the application as it will be considered that you do not have the authorization for that phone. Please use the application by entering your child's mobile phone number, which you are authorized as a parent. Another important element for the application to work properly should be WhatsApp Business (WAB) on your child's phone. And only online activity time in WAB can be shown.

 

2. Pricing and Payment Terms

A. Subscription/access fees are payable in advance.

All subscription and access charges for the Subscription Features are payable in advance. Company is not responsible for any charges or expenses you incur resulting from charges billed by Company in accordance with this Agreement (e.g., overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features (e.g., some PayPal accounts, or in-app payments such as from third parties like Apple or Google), you authorize Company to continue charging the payment method for all charges due Company, including taxes, until your account is settled and your subscription is terminated by either you or Company. Company reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.

B. Payment methods.

Company accepts in-app payments and subscriptions from third parties like Apple or Google. The Service is offered on an in-app payments and subscription basis only. On behalf of the Subscriber, you may choose a weekly, monthly, quarterly, annual subscription. Example: If you choose the weekly subscription, a weekly subscription fee is charged each week to a credit card or payment account registered with When. If you choose the monthly subscription, a monthly subscription fee is charged each month to a credit card or payment account registered with When. 

The fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, accessible by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. When may invoice You for Taxes it is required to withhold and You will pay that amount unless You provide When with a valid tax exemption certificate authorized by the appropriate taxing authority. 

Subscriptions are either week-to-week(for the weekly subscription) and automatically renew at the end of each week for the next succeeding week, or month-to-month (for the monthly subscription) and automatically renew at the end of each month for the next succeeding month, unless you cancel the subscription on behalf of the Subscriber. To cancel the subscription at any time, please navigate to the “Account” page on your mobile phone, and follow iOS or Android guides. Upon cancellation, the Service for all Subscribers will terminate immediately and Seen will cease any further review of the relevant Covered Account(s). No refunds are provided.

C. Pricing Changes.

Prices for Subscription Features may change from time to time, in Company’s sole discretion. If they do, and you currently have Subscription Features, Company will provide you with notice of the change through the Service or in email to you, at Company’s option or as required by applicable law, at least thirty (30) days before the change is to take effect. Your continued use of the Subscription Features after price changes become effective constitutes your agreement to pay the changed amount. If you do not agree to the new prices, please follow the instructions in the “Cancel Subscription Features or Close Your Account” section below. Also Google and Apple can send the notification to you to accept the price change. If you accept it from your mobile phone, the price can change.

D. No Refunds.

You may cancel your account at any time; however, except where prohibited by applicable law there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon canceling any Subscription Features, your subscription will be valid until your then-current paid period is completed. For clarity, if you purchase a monthly subscription and cancel it two weeks into the month, you will not receive a refund for the remaining portion of the year, but will instead enjoy the Subscription Features for the remaining two weeks that you have already paid for. Google (Play Store) and Apple (App Store) may offer refunds from their website or mobile app settings.

E. Payment Information; Taxes.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

3. Registration

A. General. 

In order to subscribe to the Service a Subscriber must be represented by his/her parent or legal guardian who must be 18 years or older, and who will subscribe for the Service on the Subscriber’s behalf.

B. Parent or Legal Guardian. 

You may register only your own child or children and/or legal Dependent(s) to be monitored under such Dependent’s subscription to the Service. You hereby represent and warrant that you are the parent or legal guardian of the Subscriber specified for any Covered Account to be monitored by the Service. If your child is 16 or older and you are not the child’s legal guardian by reason of disability, you may be permitted to subscribe for the Service on behalf of your Subscriber to be monitored under the subscription to the Service provided: (i) you have obtained his/her prior, written consent to do so, (ii) you notify WHEN of such request in accordance with the notice provision herein, and (iii) you obtain WHEN’s prior written approval for the continuation of such subscription, signed by a duly authorized officer of WHEN. You acknowledge and agree that your indemnity obligations under Section 11 hereof will apply to your and each Subscriber’s use of the Services to monitor information in violation of this Section 3.b.

C. Covered Accounts. 

Upon registration, you must (1) identify each Subscriber to be monitored by the Service and (2) provide some location information. You must also provide the name of the third-party service (such as WAB). In respect of his/her Covered Account, the Subscriber expressly authorizes WHEN and its Service Providers (as defined in Section 12 below) without further notice to the Subscriber or any party to the communication, to (i) access, monitor, review, and store online interactions to and from the Covered Account and (ii) compile and transmit alerts to the Parent as contemplated in Sections 1, 6 and 7. Use of the Service is limited to the United States and those other countries and/or territories identified below. Any use of the Services outside of such countries and/or territories is strictly prohibited.

D. Minimum Age Requirements of Third-Party Platforms. 

The Subscriber expressly acknowledges that most third-party platforms are restricted to individuals who are 13 or older, and that, as between the Subscriber and WHEN, compliance with any such age requirement is the Subscriber’s sole responsibility.

 

4. Collection of Subscriber’s Information

A. Information. 

During registration for the Service, WHEN will collect phone number Subscriber associated with a Covered Account. In connection with providing the Service thereafter, WHEN will monitor screen time to and from such Covered Account, which you and the Subscriber understand and agree may include communications by or from other minor children.

B. Consent. 

You and the Subscriber expressly consent to the following:

a) When’s collection, monitoring and review of any information obtained in connection with a Covered Account, including all online information to and from such Covered Account. In furtherance of the foregoing, for the Service, you must provide (your “Payment Mechanism”) to WHEN that provides notification of each discrete transaction to you, as well as telephone number to be used to contact you.

b) When’s collection and processing of information in accordance with its Privacy Policy, located at: https://horizon.whenguard.com/page/ios/privacy and https://horizon.whenguard.com/page/android/privacy , or such other URL as may be provided by WHEN from time to time.

 

5. Privacy of Minors

Questions about When’s policies or use of information from children under the age of 13 can be directed to Frontguard Bilisim Hizmetleri ve Ticaret Limited Şirketi at info@frontguard.co. You may terminate When’s access, monitoring, collection and/or review of any Covered Account by terminating the Subscriber’s subscription by opening settings "Subscriptions" on your store settings. The Site and Services do not offer any in-application purchases to children under the age of 13.

 

6. Payment

At the time of registration of the first Family Subscriber, you authorize WHEN to charge your Payment Mechanism with the amount of the subscription fee on a monthly basis (or annual basis, as determined by the payment plan selected) until the subscription is canceled in respect of all Family Subscribers.

You can terminate your membership at any time, by verbal or written notification to our Company through the above-mentioned communication channels, without giving any reason and without paying any penalty; Likewise, our Company may terminate/suspend memberships for various reasons.

 

7. Alerts 

WHEN will endeavor to send alerts by push notification to your mobile device(s) (if properly configured). You are required to maintain your notifications on and bear all risks associated with providing WHEN with inoperable or incorrect contact information.

 

8. Third Party Information 

You undertake to permanently and irretrievably request that WHEN delete any alert containing personal information about any third party, immediately (or as soon as reasonably possible, time being of the essence) upon receipt thereof. You furthermore undertake not to (i) use such personal information for any unlawful purpose whatsoever or (ii) contact or otherwise communicate or attempt to communicate with any third party, including the third party to whom such personal information relates, regarding the content of such alert.

 

9. Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(a) THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHEN DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WHEN MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

(b) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(c) WHEN DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. WHEN IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF WHEN.

 

10. Changes to these Terms

WHEN may modify these Terms from time to time. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to use of the Services. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms, we will post the revised Terms and the revised effective date on this Site, and may notify you of such changes by displaying a notice (or link thereto) on the Site or otherwise. By using the Service following any modifications to these Terms, you and the Subscriber agree to be bound by such modifications.

 

11. Our Proprietary Rights

(a) WHEN (or our licensor) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of all content and/or information provided to you through or on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant you a license to any content, features or materials you may access through or on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens of the Site for any purpose except as otherwise provided by us.

(b) If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

(c) The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

(d) Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of WHEN or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

(e) The WHEN logos and service names are trademarks of WHEN (the “When”). Without our prior permission, you agree not to display or use WHEN Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any WHEN Mark without our prior written consent.

 

12. Indemnity

You agree to defend, indemnify and hold harmless Company and our subsidiaries, agents/mandataries, licensors, managers, and other affiliated companies, and their employees, contractors, agents/mandataries, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content, or any User Content or other information that is submitted via your account, including any Ideas; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

 

13. Limitations of Liability

IN NO EVENT SHALL FRONTGUARD, ITS SERVICE PROVIDERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR (a) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, OR ANY OF THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF FRONTGUARD OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) AGGREGATE DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR AND/OR THE SUBSCRIBER’S USE OF THE SERVICE EXCEED THE AMOUNT OF THE SUBSCRIPTION FEES PAID BY YOU TO FRONTGUARD. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND/OR THE SUBSCRIBER.

 

14. Compliance with Law

You agree to comply with all applicable laws, rules and regulations in connection with your use of the App. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

15. Governing Law and Arbitration

A. Governing Law.

You and the Subscriber agree that the laws of the State of Istanbul, in Turkey, excluding its conflicts-of-law rules, shall govern these Terms, except as otherwise set forth in the State-Specific Provisions (to the extent applicable to you or the Subscriber). Please note that your and the Subscriber’s use of the Service or the Site may be subject to other local, state, national, and international laws. You and the Subscriber expressly agree that exclusive jurisdiction for resolving any claim or dispute with WHEN or relating in any way to your and/or the Subscriber’s use of the Service resides in the courts of Istanbul Anadolu Mahkemeleri, in Turkey and you and the Subscriber further agree and expressly consent to the exercise of personal jurisdiction in the courts of Istanbul Anadolu Mahkemeleri, in Turkey.

B. Arbitration.

Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including the breach, termination or validity thereof, shall be finally resolved by arbitration administered by the Turkey Arbitration Association in accordance with its Commercial Arbitration Rules. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the Terms to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

16. State-Specific Provisions

A. Turkish Terms. 

If you and/or the Subscriber(s) reside in the Republic of Türkiye, Istanbul Anadolu Mahkemeleri, the additional terms applicable to Turkey ("Republic of Türkiye, Istanbul Anadolu Mahkemeleri") shall apply to you and the Subscriber. The Republic of Türkiye, Istanbul Anadolu Mahkemeleri may amend or replace certain provisions contained in these Terms in case of any conflict or inconsistency, and shall be considered as an integral part of these Terms.

16.A.1 Definitions.  

Unless the context clearly indicates otherwise, in these Istanbul Anadolu Mahkemeleri, in Türkiye terms the following expressions shall have the meanings given to them hereunder and similar or equivalent expressions shall have corresponding meanings:

  1. "Company" refers to Frontguard Bilisim Hizmetleri ve Ticaret Limited Şirketi, a legal entity that provides the services as described in this agreement.
  2. "User" refers to any individual or entity that accesses or uses the Company's services, including but not limited to customers, website visitors, and application users.
  3. "Services" refers to the products, features, and functionalities provided by the Company, including any associated websites, applications, software, or platforms.
  4. "Website" refers to the Company's official website, accessible at frontguard.co.
  5. "Application" refers to the Company's mobile application(s), including any updates, enhancements, or new versions thereof.
  6. "Content" refers to any text, images, videos, audio files, or other materials made available through the Company's services.
  7. "Account" refers to the user's personal or organizational account created on the Company's platform, which allows access to certain features and functionalities.
  8. "Intellectual Property" refers to any copyrights, trademarks, patents, trade secrets, or other proprietary rights owned by the Company or its licensors.
  9. "Third-Party Services" refers to any products, services, or content provided by third-party entities that may be integrated or accessible through the Company's services.
  10. "Privacy Policy" refers to the Company's policy that outlines the collection, use, and disclosure of personal information gathered from users.
  11. "Agreement" refers to the legal agreement between the Company and the user, which includes these Terms of Service and any additional terms or policies referenced herein.
  12. "Effective Date" refers to the date on which the user agrees to these Terms of Service and begins using the Company's services.

B. Collection, Processing and Storage of Personal Information.

The reason for WHEN requiring access to the Parent’s and Subscriber’s Personal Information is to enable it and its Service Providers to:

verify the identity of the Parent and the Subscriber;

conclude a tripartite contract with the Parent and the Subscriber, fulfill its obligations and exercise its rights in terms thereof, including but limited to, the functions of:

monitoring the Subscriber’s online activity for the purpose of compiling and providing the Parent with push alerts when potential online dangers (such as cyberbullying) or potential signs of trouble (such as depression) are identified in email or text messages and/or interactions with designated social media sites or websites involving the Subscriber; and

administering and billing required in terms of the Istanbul Anadolu Mahkemeleri, in Türkiye terms;

comply with the applicable legislation in the Istanbul Anadolu Mahkemeleri, in Türkiye and

keep records and to report to regulatory authorities in accordance with applicable laws in the Istanbul Anadolu Mahkemeleri, in Türkiye.

All Personal Information which the Parent and the Subscriber provide to WHEN will be held and/ or stored in a secure manner for the purpose of enabling WHEN to deliver the Service to the Subscriber in accordance with the WHEN Terms.

The Subscriber’s Personal Information will be stored electronically in a database. To improve the overall quality of the Service and support thereof, the aforementioned database will be accessible to When’s appointed Service Providers.

Where appropriate or required by law, certain Personal Information may be retained in hard copy. Storage will be secured and audited regularly to ensure the safety and the security of the information stored therein.

Once the Parent’s and/or the Subscriber’s Personal Information is no longer required, it will be safely and securely archived for the minimum period permissible by law. Thereafter, all such Personal Information will be permanently deleted or destroyed.

C. Parent And Subscriber Declaration.

The Parent (on his/her own behalf and on behalf of each Subscriber) declare that:

all Personal Information supplied to WHEN, for the purposes of enabling it to provide the Service to the Subscriber, and related legal and operational reasons is accurate, up-to-date, and comprehensive;

he/she shall immediately advise WHEN of any changes to his/her Personal Information as and when this occurs;

he/she has the right to object to the Processing of his/her Personal Information as detailed in Sectionb)vii);

he/she has a right to access his/her Personal Information by giving notice to WHEN, as detailed in Sectionb)viii) and to have any errors in such Personal Information rectified;

he/she understands that he/she may, subject to Sectionvi, withdraw the consent given in Sectiond), by giving written notice to this effect to WHEN;

he/she understands that the withdrawal of consent contemplated in Sectiond) will not affect the lawfulness of the Processing of Personal Information that occurred before such withdrawal. In addition the following categories of Processing will not be affected:

Processing necessary to carry out actions for the conclusion or performance of the WHEN Terms of Service incorporating these Turkish Terms;

Processing that complies with an obligation imposed upon WHEN by Istanbul Anadolu Mahkemeleri, in Türkiye law;

Processing that protects a legitimate interest of the Parent or the Subscriber, as relevant;

Processing that is necessary for the proper performance of a public duty by a public body; or

Processing that is necessary for pursuing the legitimate interest of WHEN or that of a third party to whom the information is supplied to; and

while WHEN has developed and implemented internal policies and procedures, designed to protect the confidentiality of the Parent’s and the Subscriber’s Personal Information, the Parent and Subscriber acknowledge that:

WHEN cannot be held responsible for the privacy policies and practices in use by any web or internet sites that may be accessed by the Parent or the Subscriber through use of the Service; and

Internet communications are inherently vulnerable unless they have been appropriately encrypted. Accordingly, WHEN accepts no responsibility or liability of any nature, whatsoever, should the Parent’s and/or the Subscriber’s Personal Information be intercepted or lost by causes beyond When’s reasonable control.

D. Applicable Law.

You agree that the laws of the state of Istanbul Constitutional, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with ‘When’ or relating in any way to your use of the Site resides in the courts of Republic of Türkiye, Istanbul Constitutional Courts.

 

17. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Company in connection with the Service (including all supplemental terms referenced herein and our Privacy Policy), shall constitute the entire agreement between you and Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

 

18. Contact

If you have any questions or concerns regarding this Terms of Service, please send us an email at info@frontguard.co or call +902124001168 or write to us at FRONTGUARD BİLİŞİM HİZMETLERİ VE TİCARET LİMİTED ŞİRKETİ, Asmalı Mescit Mah. Asmalı Mescit Cad. Şahin Han No: 21 İç Kapı No: 55 Beyoğlu/İstanbul - Türkiye

 

19. Language

You and Company have each expressly requested and required this Agreement and all ‎documents that relate here to be drawn up in the English language