LICENSE AGREEMENT

    
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 info@kratos3d.com.