fizy Terms of Service

Effective date: 01.07.2020

What is fizy?

With fizy you can listen to your favorite music, instantly search for and find any artist or song you like, view video clips, find the lyrics and listen to the songs, playlists and albums with its offline feature even when you have no internet connection. You can also discover new songs with custom playlists personalized to your music taste and listen to all these songs in high quality audio.

fizy gives you access to millions of songs and video clips; whether at home, on holiday or on the road! Thank you for using fizy!

What's On This Page?

The Terms of Service (hereinafter referred to as “Terms”) on this page covers basic information on the use of fizy mobile app and website (fizy.com) (“Service”) as well as certain rules we agreed upon which should be followed by both parties:

Information on the Ownership of the Application
General Terms
Principles of Use
Pricing, Renewal and Cancellation
Intellectual Property Rights, Contents and Licenses
Potential Service Failures and Legal Disputes

We are aware that reading this text can be exhaustive. We are trying to be brief and to the point to save you the trouble. We recommend that you read these terms carefully. You should agree to the Terms to use fizy. If you disagree with any part of this text, please avoid using fizy. By registering to fizy or gaining access via fizy.com, you will be deemed to have agreed to these terms.

Lifecell Müsic will be entitled to stop your use of fizy if it is established or fizy has reasonable doubt that you do not comply with the Terms of Service. See “Suspension and Termination” below for details.

In addition to what is defined here, we also have a clarification text available on the processing of your personal data shared by you to use the Service or created during your use of the Service (fizy Privacy Policy). Details on the use of your personal data are available here.

Information on the Ownership of the Application

fizy is offered by Lifecell Müzik Yayın ve İletim A.Ş. at “İstanbul Maltepe Aydınevler Mah. İnönü Cad. No:20 Küçükyalı Ofispark”, registered at Istanbul Chamber of Commerce with the registry number 243668-5 and tax number 6081256771 (“Lifecell Müzik” or “we”).

You may be in a contractual relationship with third parties partnering with Lifecell Müzik based on your geographical location within the scope of your use of fizy. In such case, we remind you that you will be bound by such contractual obligations in addition to these Terms.

General Terms

Age Limitation You should be minimum 13 to use fizy. If you are between 13 and 18, you should read these terms with a parent or guardian and have their permission.

Subscription You should subscribe to use fizy. Subscription types and fees are available on the Subscription page at fizy.com or the My Subscriptions tab on fizy.

If you have a gift voucher or access right sold and/or provided by third parties for a fizy subscription, kindly remember that there may be additional terms and conditions for the use of fizy as specified by such third party.

Lifecell Müzik is entitled to take any of the actions listed under the title “Suspension and Termination” as deemed required if it is established that you do not meet the criteria for a certain type of subscription.

Your Account If you open a fizy account, you should maintain the privacy of your user name, password and payment information and not share them with third parties. If you suspect that a third party is in possession of these data, please contact us immediately at destek@fizy.com.

Links fizy’s links to third-party web sites are solely for convenience or for the purposes of providing users with the means of communicating with other users. These links disconnect you from fizy. Lifecell Müzik does not have control over these websites and is not responsible for the contents of or access to them. Lifecell Müzik does not support or represent these websites or their contents by any means. It is entirely under your responsibility to gain access to third-party websites from fizy.

Amendments and revisions Lifecell Müzik can amend or revise the Terms of Service any time. Please read this section from time to time to learn about possible revisions. We may send you notifications in case any revision of major significance is made on the Terms of Service (including via e-mail or access to fizy app or website).

Transfer Lifecell Müzik may transfer fizy and/or assign its rights and liabilities within the scope of these terms to a third party without any requirement of notification to you. This will not affect your liabilities set forth in the conditions within these Terms. Your rights, liabilities and obligations within the scope of these Terms cannot be transferred or assigned to third parties under any circumstances.

Principles of Use

This section covers other specific rules applicable to the use of fizy in addition to the requirements listed in these Terms.

While using fizy, you agree that:

you will not provide inaccurate information for your account, allow third parties to use your account, act on behalf of a third party without their consent or pretend to be acting on behalf of a third person, institution or organization,
you will not use fizy other than for personal purposes or in a fashion which cannot be deemed normal,
fyou will be personally responsible for the use and management of all information that allows you to use fizy, any process performed using your devices or accounts will be deemed performed by you, and you will be solely responsible for the damages arising from the direct or indirect use, loss or transfer of such information,
you will not modify, disrupt or hack fizy, disable the features which ensure the security or protection of the contents, alter fizy via methods such as reverse engineering etc. or support third parties who attempt to do so,
you will not intentionally damage fizy and Lifecell Müzik or any user hardware with trojans, worms, logic bombs, script automation tools or similar materials or misuse fizy in a manner to cause a negative impact on user experience or use any automation tools or other functions to gain access to fizy (such as robots, spiders, scrapers, etc.) or use fizy for data collection purposes such as data mining, etc. and support third parties with such intentions,
you will not copy, duplicate, delete, change, distribute, expose, process, publish the contents or attempt to do so,
you will not use fizy in a manner to result with a criminal act, require legal proceedings, be in or encourage breach of national or international laws and regulations or to contain illegal, threatening, disturbing, insulting, invective or aspersive contents, be depreciatory, vulgar, graphic, a crime against public order, immoral, disturb or harass others, attack personal rights, or be in breach of the confidentiality rights or private life or other proprietary rights of third parties,

Otherwise you will be held personally responsible.

Pricing, Renewal and Cancellation

Pricing Subscription fee, invoicing and payment terms may vary in paid subscriptions based on the subscription type. Detailed information is available in the Subscription page on fizy.com or the My Subscriptions tab on the fizy app.

fYou will be required to pay a certain fee to use fizy based on the subscription type you choose. Your access to fizy can be suspended or terminated if you fail to make the payment.

If you purchase fizy together with third-party products and/or services, you will be obliged to pay the fees for such third party products and/or services as well to use fizy; otherwise your access to fizy can be suspended or terminated.

You will be responsible for the fees and liabilities regarding the internet access required to use fizy. Lifecell Müzik will not have any responsibilities in case you cannot access fizy or use it fully due to problems related to your internet service provider.

You should install the up-to-date version of fizy to use it properly. Information on supported devices and versions are available on the fizy pages in respective application stores. Support to older versions of fizy may be ceased according to the planning deemed suitable by Lifecell Müzik. Lifecell Müzik will not have any responsibilities if you cannot access fizy or use it fully

Renewal and Cancellation Terms on the renewal and cancellation of your fizy subscription may vary based on the type of the subscription you purchased and the terms and conditions of this Subscription Agreement will be applicable.

Detailed information on renewal and cancellation is available on fizy.com under Subscription>Manage My Subscriptions page. fizy is by nature an intangible service provided in a digital environment and instantly offered to the users and therefore you are not entitled to withdraw and your request for cancellation will be valid only as of the end of the subscription term.

If you purchased your subscription from an application store, you can activate cancellation and payment processes in the respective application store. Please remember that Lifecell Müzik is not under any obligations regarding the cancellation of subscription or refund process through application stores.

Intellectual Property Rights, Contents and Licenses

Intellectual Property Rights Lifecell Müzik is the owner or maintains the right for the use of the fizy application, fizy brands, commercial names, logos, domain names, and all other elements of the fizy brand and the Contents excluding the open-source codes used in fizy. The aforementioned rights are globally protected by intellectual property laws and international agreements. Open-source codes used in fizy and principles on the use of these open-source codes are available under the Developers tab on fizy.com or the About the Application tab on the fizy application. You can use the open-source codes only in compliance with such terms of service.

fLicense granted to you to use fizy Subject to your acceptance of these Terms, you will be granted with a non-exclusive, non-assignable, revocable and limited-time license to use fizy solely for personal and non-commercial use in compliance with these Terms excluding any available open-source codes. Therefore, please be informed that you will be under legal responsibility if you act in breach of the license.

fizy Contents fizy Contents (“Contents”) including those created by users (“(“User Contents”)”) (e.g. playlists created by users and their names) are solely for personal use by users. The contents cannot be used for any commercial purposes. Otherwise, Lifecell Müzik reserves the right to request compensation. You agree that you will be solely responsible for any breach of intellectual and industrial property rights arising from your breach of these Terms and compensate Lifecell Müzik for any damages and losses including the amount payable to owners of such rights or professional associations.

You agree that you will be solely responsible for any breach of intellectual and industrial property rights arising from your breach of these Terms and compensate Lifecell Müzik for any damages and losses including the amount payable to owners of such rights or professional associations.

User Contents and Rights Granted To Us By You You hereby agree that Lifecell Müzik will be entitled to use or allow third parties to use User Contents made available for the use of other fizy users (e.g. through shared playlists) without any fees payable. In such a case, you grant an irrevocable, global, non-exclusive, free and permanent right to use, copy, reproduce, distribute, adapt, restructure, modify, publish, translate and sub- license the aforementioned User Contents.

Lifecell Müzik does not control or supervise User Contents on fizy. We are entitled to control, supervise, reject, alter or delete User Contents which we deem to be incompliant with the Principles of Use at our sole discretion provided that it is technically practical. Lifecell Müzik does not guarantee full or partial access to User Contents or their logging in any form sent, received or used by you.

Infringement of Contents If you think that any of the contents is in breach of the rights of you or third-parties you represent or the Terms of Service, please inform us by sending an e-mail to destek@fizy.com.

When you send us a notification in this context, please make sure that you provide the following information in your e-mail:

your name and contact information,
The location of fizy content deemed to be in breach and the item breached: (i) your rights, (ii) rights of a third party you represent (iii) or the Terms of Service, and
Definition, explanation and owner of the rights claimed to be breached.

Lifecell Müzik will proceed and take measures as it deems suitable for the content you notify. No action will be taken in case Lifecell Müzik decides that such content is not in breach of any rights or the Terms of Service. Lifecell Müzik is not obligated to negotiate with you or inform you regarding the action(s) it chooses to take upon your notification.

Lifecell Müzik is entitled to suspend or terminate user accounts which are in breach of the Terms of Service. The same may be applicable if you misuse notification channels.

Name, e-mail address and other information provided by you in your request are included in your request for termination of publication and can be shared with third parties including the complainee. Detailed information on processing of personal data is available in fizy Privacy Policy.

Potential Service Failures and Legal Disputes

Suspension and Termination The use of fizy in breach of the Terms of Service or in a manner to exceed the scope of license will be deemed as material breach of the Terms of Service and may result with

Immediate, temporary or permanent termination of your access to fizy and deletion of the relevant user contents,
compensation of the damages resulting from the breach by you and/or
sharing information on the breach in question with the authorities if deemed and to the extent required.

Actions to be taken in case of a breach are not limited to those listed above and Lifecell Müzik is entitled to take other measures or legal actions to the extent deemed required. You agree that you will not make any claims from Lifecell Müzik as a result of this.

Termination or revision of services Lifecell Müzik will make the necessary efforts to ensure proper operation of fizy. However, temporary interruptions may be experienced under certain circumstances (force majeure, technical issues, maintenance, tests and actions taken to comply with legal requirements etc.) for required updates. Lifecell Müzik is entitled to alter or remove fizy services and/or contents in part or in full, temporarily or permanently, anytime, without prior notification or consent required.

Waiver Lifecell Müzik reserves the right to limit access to fizy anytime and without prior notification. Lifecell Müzik will not be under any liability for the inaccessibility of fizy anytime or for a certain period of time or technical problems, errors or failures you encounter while using fizy. Upon being notified of such failure, Lifecell Müzik will make reasonable efforts to rectify such failure as soon as possible.

Force majeure includes natural disasters, war, mobilization, fire, government regulations and other situations to the extent they prevent access to the Services in part or in full, temporarily or permanently and/or make access to Services impossible. In such a case, Lifecell Müzik will not be under any liability against you due to its failure to meet its obligations.

Lifecell Müzik does not make any commitments regarding the Service and offers the Service “as is” without any guarantee or condition. Lifecell Müzik will not be responsible for any damages or losses (direct or indirect) arising from the use of fizy. However, in any case, Lifecell Müzik’s liability against you or your legal successors arising from or in connection with the use of fizy is limited to the amount paid by you to Lifecell Müzik in the last twelve months for the use of fizy.

Severability If any provision of these terms of service is deemed invalid or inapplicable, provisions will continue to be valid and applicable to the extent legally possible.

Jurisdiction and applicable law Any dispute related with fizy will be solely subject to the Turkish law without any regard to the principle of conflict of laws and will be settled by Istanbul Anadolu courts and execution. However, Lifecell Müzik reserves the right to file a lawsuit in the country you reside or in a third country due to the breach of these Terms of Service.

Contact us If you would like to send us your feedbacks on fizy, you can contact us via the “Contact Us” option under the Help section on fizy.