1- Acceptance of the Agreement

This User License Agreement you are reading (this "Agreement") belongs to KRATOS 3D A.Ş. (“KRATOS”, “we” or “our”) and yourself as a customer (“you” or “Customer”). By downloading, installing, accessing, or otherwise using the KRATOS 3D mobile application (“App”), you acknowledge that you have read, understand, agree to, and agree to be bound by this Agreement.
By checking "I agree" you confirm that you have read, understood and agree to be bound by this Agreement. If you do not want to agree to all the terms of this Agreement, you should not select the “I agree” checkbox and download the Application.
If you breach this Agreement, KRATOS reserves the right to issue you a warning of the breach or immediately terminate or suspend all or part of your use of the Application. You acknowledge that KRATOS need not provide notice to you before terminating or suspending your use of the Application, but may provide such notice in its sole discretion.

By accepting this Agreement and/or using the Application:
a) You are of legal age to form a binding contract with KRATOS or are under the strict and constant supervision of a parent or other competent legal guardian and in any case are at least 16 years of age.
b) You are not prevented or prohibited in any way from entering into this Agreement and using the Application.
c) It does not violate or conflict with any other agreement, commitment or law to which you are a party or bound.
d) You acknowledge and agree that you are not prevented from receiving the Services (as defined below) under the laws of the country in which you reside or use the Application.

2- Description of the Application

KRATOS provides a mobile device downloadable App from an online App store currently available for iPhone 12 and above. The Application uses your mobile phone's camera to analyze skin geometry and color tones (collectively, the "Services") to help you create a 3D facial model ("Face Model") that can be shared with others.

3- NO Medical Advice

YOU SHOULD BE AWARE THAT KRATOS IS NOT A PROVIDER OF MEDICAL ADVICE OR MEDICAL SERVICES AND THE APP SHOULD NOT BE USED AS A DIAGNOSIS TOOL OF ANY KIND, INCLUDING MEDICAL CONDITIONS. PLEASE CONSULT A PROFESSIONAL BEFORE TAKING ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY, OR THE HEALTH OR SAFETY OF OTHERS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY PHONE NUMBER OR YOUR HEALTH CARE PROVIDER IMMEDIATELY AND REPORT IT TO THE APPROPRIATE AUTHORITIES. ALL MATERIALS SUCH AS TEXT, GRAPHICS, PHOTOS, IMAGES, MESSAGES, FACE MODELS AND OTHER MATERIALS PROVIDED BY KRATOS THROUGH THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY; IT IS NOT INTENDED FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. ALTHOUGH THE ASSESSMENTS ARE BASED ON CLINICAL PROTOCOLS, THESE ASSESSMENTS DO NOT CONSTITUTE MEDICAL CARE, ADVICE OR DIAGNOSIS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE ABOUT YOUR HEALTH. FURTHER, KRATOS DOES NOT PROMISE ANY SPECIFIC RESULTS FOR YOUR HEALTH IN CONNECTION WITH YOUR USE OF THE SERVICE.

KRATOS; It does not recommend or endorse any specific test, doctor, product, procedure, opinion or other information that may be mentioned through or as a result of the application.

Any reliance you place on any information provided through the Application or provided by other Customers using the Application or Service is solely at your own risk. KRATOS HAS NO CONTROL OVER ANY MEDICAL ADVICE PROVIDED TO YOU BY ANY THIRD PARTY, INCLUDING KRATOS' CUSTOMERS. KRATOS does not assume any responsibility for the quality of medical advice or the way it is provided by doctors or medical institutions. We recommend that you use reasonable discretion and contact your doctor directly if you feel unwell or do not receive feedback within a reasonable time.

4- Granting a License to Use the Application

KRATOS grants you a personal, non-exclusive, non-transferable and non-sublicensable, revocable license limited to the duration of this Agreement to install the Application solely for your own personal use. For the avoidance of doubt, no commercial use may be made by you or others on your behalf through the use of the Application without the prior written consent of KRATOS. The Application is licensed, not sold, to you for use only under the terms of this Agreement. KRATOS reserves all rights not expressly granted to you.
You may not make any copies of the Application and unless otherwise agreed to by KRATOS in writing; You are expressly prohibited from providing the Application or any portion thereof or access thereto to any third party.

You may not remove or destroy any of the following copyright or restricted rights notices:
a) Affixed to any media containing the application.
b) Included in the application.
c) You will not reproduce any such copyright or restricted rights notices in any copy made by you of the Application.
KRATOS may make changes, additions and upgrades to the Application if deemed necessary. The terms of this Agreement will apply to any updates that KRATOS may make available to you unless the update is accompanied by a separate license; In this case, the terms of that license will apply. You acknowledge that updates may require you to modify or update your App and may affect your ability to use, access or interact with the App. KRATOS has no obligation to provide any maintenance, technical or other support for the Application.
Your right to use the Application is limited to this Agreement and if you breach or disagree with any of the terms contained in this Agreement at any point; Your right to use the Application will be void immediately, you will terminate the contract and refrain from using the Application immediately. If the Application or any part of it is determined to be illegal under the laws of the country in which you are located, you will not be granted the right to use the Application and you must refrain from using the Application.

5- Access to the Application

It is your responsibility to ensure that your mobile device meets all necessary specifications to enable you to access and use the Application. KRATOS does not provide you with the equipment necessary to access and/or use our Application.
You are responsible for all fees charged by third parties in connection with your access and use of the Application (for example, internet service provider fees or airtime fees).
KRATOS cannot guarantee that the Application will always operate without interruptions, delays or errors. KRATOS is not liable for any interruptions, interruptions or delays resulting from the failure or inadequacy of any of these items or any other items over which we have no control, including, but not limited to, failures or delays resulting from labor disputes. Strike, lockout, war, terrorism, riot or natural disasters.

6- Login Information

In order to use the Application, you will register online with your personal username and password (“Login Information”). The following rules govern the security of your Login Information:
• You will not share your Login Information with anyone;
• If you become aware of or reasonably suspect any breach of security, including but not limited to loss, theft or unauthorized disclosure of your Login Information, you must immediately notify KRATOS to change your Login Information;
• You are solely responsible for maintaining the confidentiality of your Login Information and will be responsible for all uses of your Login Information.
You acknowledge and agree that upon activation of the application, KRATOS may access your mobile device's camera. All personal information that you provide to us when using the Application, which may include, among others, your Facial Model, name, identification number, address, geographical location, email address, mobile phone number and other similar information, will be kept and used in accordance with the Application's Privacy Policy, which may be amended from time to time ( available at: https://www.kratos3d.com) You agree to provide us with accurate and complete information and to update such information promptly as it changes. You represent and warrant that you have the full right and authority to provide KRATOS with the above information, including without limitation the consent of any third party (to the extent required under any applicable law).

7- Rules of Conduct and Use

You represent and warrant that you have the full right and authority to use the Application and that you are bound by this Agreement. You agree to fully comply with this Agreement and all applicable domestic and international laws, regulations, ordinances and ordinances governing your use of such Application.
In addition to the above, you agree that you will not:
- Access and use the Application if you are prohibited from obtaining the Application under the terms of this Agreement or any applicable law;
- Copy, rent, sell, transfer, sublicense, disassemble, reverse engineer or decompile (unless expressly permitted by KRATOS or applicable statutory law), modify or modify any part of the Application;
- Violate the contractual, personal, intellectual property or other rights of any party;
- Rent, sell, trade, gift, bequeath or otherwise transfer the Application to anyone without the prior written consent of KRATOS;
- Violating any applicable law or regulation or promoting any illegal activity, including but not limited to copyright infringement, libel, or invasion of privacy; - Attempting to interfere with, hack or decrypt any transmissions to or from the Application's servers.

8- Intellectual and Industrial Right Ownership

KRATOS, its affiliates and/or its licensors reserve all rights in and to the Application (including, without limitation, the software, designs, graphics, text, information, images, video, audio, music and other files and the selection and arrangement thereof) (collectively "Application Materials"). The entire contents of the Application are protected by applicable copyright, trade dress, patent and trademark laws, international conventions, and other laws that protect intellectual property and related proprietary rights. You may not permit or permit any other party to modify, decompile, disassemble, reverse engineer, copy, transmit, create derivative works from, rent, sublicense, distribute, frame, reproduce, republish, scrape, download, display, . You may not transmit, publish, rent or sell or otherwise exploit any of the Application Materials, in whole or in part, in any form or by any means for any purpose other than using the Application in accordance with this Agreement, without the express, prior consent of KRATOS. Written confirmation. All other uses of copyrighted or trademarked material, including any derivative use, require the express prior written consent of KRATOS. KRATOS, its affiliates and/or its licensors own all right, title and interest, including copyrights and other intellectual property rights, in and to all Application Materials. You acknowledge that you do not acquire any proprietary rights or derivative works by using the Application or accessing any of the Application Materials. If you have any comments or suggestions regarding modifications, corrections, improvements or improvements to the Application and/or any Application Materials you may provide to KRATOS, you hereby grant to KRATOS a non-exclusive, irrevocable, worldwide, royalty-free license. including the right to sublicense, use and disclose such comments and suggestions as KRATOS chooses, and to display, perform, copy, have copied, make, have made, use, sell, offer to sell and otherwise dispose of KRATOS' products. You acknowledge that you have obtained any such comments or suggestions without attribution to their source.

9- User Content

Some areas of the Application allow the posting, publishing, displaying, providing or otherwise making available content (including, without limitation, sharing with our Customers), including but not limited to profile information, comments, questions and other content or information. Facial Model creation (such materials that you upload, submit, publish, display, provide or otherwise make available on the Application are referred to as "User Content").
WE CLAIM NO OWNERSHIP RIGHTS IN ANY USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOUR OWN. You may share User Content with other Customers through the Application, and you agree to allow others to view, edit, share and/or interact with your User Content in accordance with your Application settings and this Agreement. We have no control over, and are not responsible for, any use or misuse (including distribution) by other Customers or third parties with whom you choose to share your User Content.
By submitting, posting, displaying, providing or otherwise making available any User Content on or through the Application, you expressly grant KRATOS royalty-free, fully paid-for content, and you represent and warrant that you have all necessary rights to grant it (Sublicensable , transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, list, edit, translate, distribute information thereon, without additional compensation to you or any third party). Distribute, perform and display (publicly or otherwise), adapt, analyze, use and make derivative works of its contents, in whole or in part, and in any form, media or technology now known or hereafter developed, research of KRATOS' products and technology You agree to its use in connection with the development, evaluation and improvement of , and for statistical purposes. If you use the Application to consult remotely with other third parties who use the Application, you hereby grant us permission to grant such third parties a nonexclusive license to access, analyze and use your User Content through the Application. Reproducing, distributing, displaying and performing such User Content to the extent permitted under the functionality of the Service and this Agreement. If you choose to make your personally identifiable information or other information (including your Facial Model) available through the Service, you do so at your own risk. For purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights. income. Rights that may now exist or arise hereafter and all applications, registrations, renewals and extensions made for this reason are within the scope of the laws of the jurisdiction of the Republic of Turkey.
In connection with your User Content, you acknowledge, represent and warrant that: • KRATOS' use of your user content under this Agreement and the Service will not violate any law or violate any rights of any third party, including but not limited to Intellectual Property Rights and privacy rights.
• We may exercise the rights to your User Content granted under this Agreement without liability for the payment of any guild fees, balances, payments, fees or royalties payable under any collective bargaining agreement or otherwise. • To the best of your knowledge, all of your User Content and other information you provide to us is true and accurate.
You are solely responsible for all interactions with our customers. We reserve the right, but have no obligation, to monitor disputes between you and Customers. KRATOS will have no liability for your interactions with our Customers or any other actions or inactions. KRATOS takes no responsibility and assumes no liability for User Content that you or Customer or any third party posts, submits or otherwise makes available through the application. You will be solely responsible for your User Content and the consequences of posting, sharing or otherwise making it available on the App, and you acknowledge that we are acting solely as a passive conduit for your online distribution and publication. You understand and acknowledge that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuitable for your purpose. We may (but have no obligation to) monitor, evaluate, modify or remove User Content before or after it appears on the App or analyze your access to or use of the Service for any or no reason.

10- Confidential Information

You acknowledge and agree that the Application was developed by KRATOS with significant time and expense and contains valuable trade secrets and confidential information of KRATOS. Accordingly, you agree to maintain the confidentiality of any proprietary information received during or before entering into this Agreement, including, but not limited to, the Application, trade secrets, and other proprietary information that you should know to be confidential or proprietary. All information, including but not limited to non-public technical and business information and all other information obtained in the course of use of the Application as permitted herein ("Confidential Information"), is protected based on the circumstances surrounding the disclosure. This restriction shall not apply where such information is or hereafter becomes publicly available through no fault of yours. You agree not to use such Confidential Information for any purpose other than as necessary to exercise your rights under this Agreement. You will protect the confidentiality of KRATOS's Confidential Information to the same extent as you protect its own confidential information and will prevent its disclosure and unauthorized use, and in no event will you refrain from exercising reasonable care.

11- Disclaimer of Warranty Liability; Limitation of Liability; Compensation

The Application is provided “AS IS” and “AS AVAILABLE”. You are solely responsible for any acts or omissions performed or committed in reliance on the application. KRATOS, its officers, directors, employees, licensors and agents, to the fullest extent permitted by law, disclaim all warranties, express or implied, in connection with the App and your use of the App, including, but not limited to, implied warranties of merchantability, title, fitness for use.
KRATOS accepts no liability or responsibility for:
- Errors, inaccuracies or unsuitability of the Application or any of the Services;
- Direct, indirect, special, incidental, punitive or consequential damages of whatever nature, including personal injury, material damages and/or monetary damages, arising from the use of or inability to use the Application;
- Unauthorized access to or use of KRATOS servers and/or any personal information and/or financial information stored therein;
- Interruption or cessation of transmission to or from the Application;
- Any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Application by any third party;
- Any results that may be obtained from the use of the application;
- The quality of any information or other material obtained by you through the application.

WITHOUT LIMITATION TO THE PROVISIONS MENTIONED ABOVE; IN NO EVENT WILL KRATOS, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, LICENSORS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, WARRANTY, CONTRACT, TORT OR OTHERWISE. I NOTICE OF THE POSSIBILITY OF PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOSS OF DATA, BASED ON A LEGAL THEORY, ARISING FROM YOUR USE OF THE APPLICATION OR OTHER MATERIALS ACCESSED THROUGH OR DOWNLOADED FROM THE APPLICATION. REPORTED. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WITHOUT LIMITING THE FOREGOING, KRATOS' MAXIMUM LIABILITY IN ALL CASES AND FOR ALL CAUSES OF ACTION SHALL BE LIMITED TO $100 USD.

You agree to indemnify KRATOS and each of its directors, officers, agents, contractors, partners, licensors and employees from and against any and all losses, liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees. You also agree that you will be liable for any damages arising from or in connection with any of the following:
- Your use of and access to the Application;
- Your breach of any provision of this Agreement;
- Your violation of any third party right, including without limitation any copyright, proprietary or privacy right;
- Any claim that any user submission made by you caused damage to a third party.

Some laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the limitations in this section shall be construed to the fullest extent permitted by applicable law.

12- Notifications

Notifications to you may be made via the Application and/or e-mail. KRATOS may also provide you with notices of material changes to this Agreement or other matters by generally displaying notices or links to notices to you on the Application. You agree that all agreements, notices, disclosures and all other communications provided by KRATOS as set forth above satisfy any legal requirement that such communications be in writing. All email notices sent to you will constitute sufficient and effective delivery and notice to you, whether or not you access the notice, and will be deemed delivered to you whether or not actually received by you.

13- Jurisdiction

By using the Application, you agree that this Agreement and any dispute that may arise between you and KRATOS will be governed by the laws of the Republic of Turkey, without regard to conflict of laws principles and regardless of your location. Any claim or dispute between you and KRATOS, arising in whole or in part from your use of the Application, will be decided by a competent court located in Turkey, namely Ankara and Istanbul courts, excluding other courts. You are hereby deemed to have accepted all objections regarding the lack of jurisdiction of courts other than Ankara and Istanbul courts, and the courts that are not appropriate in terms of venue and jurisdiction.
KRATOS's failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
This Agreement constitutes the entire and exclusive agreement between KRATOS and you with respect to its subject matter and supersedes all prior or contemporaneous quotes, agreements, communications or understandings, written or oral, with respect to its subject matter.
For questions regarding this Agreement or other issues regarding KRATOS or the App, please contact us at [email protected].