Novelty Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

These Terms of Service (hereafter, “Terms”) govern your use of the Novelty mobile application (“App”), website (“Website”), and all associated services provided by VLMedia Yazilim Bilisim Tanitim Danismanlik İc ve Dis Tic. A.S. (referred to as "Novelty," "we," "us," or "our"). By accessing or using the App, Website, or any services provided through Novelty (collectively, the “Platform”), you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

Your continued use of the Platform following any modifications to the Terms will constitute your acknowledgment and agreement to abide by the updated Terms. Please read them carefully.

1. Eligibility

1.1. (Regardless of the age limit Application Store stipulated) You must be at least 18 years old to use the Platform. By accessing the Platform, you represent that you (a) are at least 18 years old, (b) have not been previously suspended or removed from the Platform, and (c) will comply with all applicable laws and regulations.

1.2. If you are under 18 years of age, you must obtain consent from a parent or guardian to use the Platform, and such parent or guardian agrees to be bound by these Terms on your behalf.

2. Account Registration

2.1. To access certain features of the Platform, you will be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate and complete.

2.2. You are responsible for safeguarding your account information and agree to notify us immediately of any unauthorized access or use of your account. You agree not to share your password with any third party. In case of violation, it is within our full discretion whether to apply Clause 2.3. to such unwarranted share of password.

2.3. We reserve the right to suspend or terminate your account at any time, with or without notice, if we determine that you have violated these Terms or for any other reason at our sole discretion.

2.4. Guest Mode: You may also access certain features of the Platform without registering for an account by using Guest Mode. While using Guest Mode, you will have limited access to the Platform’s features, and certain functionalities such as saving your favorite stories or syncing your preferences across devices will not be available. The use of Guest Mode is subject to these Terms, and we reserve the right to restrict or terminate access to Guest Mode at any time, at our sole discretion.

3. Subscription Services & Virtual Currency

3.1. The Platform offers subscription-based services. By subscribing, you agree to pay the applicable subscription fees, which may be updated from time to time. Subscription details, including fees and billing cycles, will be clearly indicated during the signup process and may vary based on promotions or changes in the Platform’s services.

3.2. Subscriptions will automatically renew unless canceled at least 24 hours before the end of the current billing cycle.

3.3. If your subscription was purchased through a third-party app store (e.g., Apple App Store or Google Play Store), cancellations and refunds must be managed through that platform.

3.4. Virtual Currency. Coins purchased through our Services represent a limited, personal, non-transferable, non-sublicensable, revocable license and are non-refundable. No ownership rights are transferred to you, and any Coin balance shown is not a real-world value. We reserve the right to manage, modify, or eliminate Coins at any time without liability. Coins have no monetary value, cannot be transferred, sold, or exchanged for cash, and will be forfeited upon account termination or Service discontinuation. ALL PURCHASES OF COINS ARE FINAL AND NON-REFUNDABLE, and you will not receive compensation for unused Coins upon account closure, whether voluntary or involuntary.

4. Free Trials and Promotions

4.1. We may offer free trial periods for subscription services. If you do not cancel your subscription before the end of the free trial, your payment method will be charged for the subscription at the end of the trial period.

4.2. Eligibility for free trials or promotions may be limited, and we reserve the right to determine your eligibility.

5. Content on the Platform

5.1. All content available on the Platform, including but not limited to text, videos, images, audio, and software (collectively, "Content"), is owned by or licensed to Novelty. You are granted a limited, non-exclusive, non-transferable right to access and view the Content solely for personal viewing purposes within the Platform. You are strictly prohibited from downloading, copying, reproducing, distributing, broadcasting, transmitting, displaying, selling, licensing, creating derivative works from, or otherwise exploiting the Content in any capacity outside of the Platform, without our explicit written consent.

5.2. Any use of the Content other than as expressly permitted by these Terms is a violation of the intellectual property rights of Novelty or its licensors and may result in legal action.

6. User Conduct

6.1. You agree to use the Platform in compliance with all applicable laws, and you will not:

a) Engage in any activity that is harmful, unlawful, or disruptive to other users.

b) Use the Platform to distribute any harmful, abusive, defamatory, or illegal content.

c) Access or attempt to access accounts, data, or systems that you are not authorized to access.

d) Interfere with the proper functioning of the Platform or attempt to circumvent any security measures.

7. Intellectual Property

7.1. All trademarks, logos, trade names, and service marks displayed on the Platform are the property of Novelty or its licensors. You are prohibited from using these without prior written permission.

7.2. The use of our licensed content within the Platform is strictly prohibited, and any unauthorized use, copying, reproduction, distribution, or modification of the content would constitute an infringement of intellectual property rights. Such infringement may result in legal action, including but not limited to seeking damages, injunctions, or other appropriate remedies under applicable law.

7.3. You agree that you will not attempt to reverse engineer, decompile, or modify any part of the Platform.

8. Termination and Suspension

8.1. You may terminate your account at any time by following the instructions on the Platform. Termination will not relieve you of any obligations to pay any fees or charges accrued prior to termination.

8.2. We reserve the right to suspend or terminate your account or access to the Platform at any time and for any reason, including violation of these Terms.

9. Limitation of Liability

a) Nothing in these Terms of Service shall exclude or restrict Novelty’s liability for: (i) death or personal injury resulting from the negligence of Novelty or its Associated Parties (as defined below); (ii) fraud or fraudulent misrepresentation; or (iii) any other matter that cannot be excluded or limited under Applicable Laws.

b) Subject to the above, to the maximum extent permitted by Applicable Laws:

i) In no event shall Novelty, its affiliates, or their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, "Associated Parties") be liable for any:

A) indirect, incidental, or consequential loss (in other words, any damages other than direct); or

B) loss of profit, business opportunity, anticipated savings, revenue, or goodwill,

in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with the authorized or unauthorized use of the Platform or these Terms of Service; and

ii) Novelty and the Associated Parties' aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms of Service shall be limited to the greater of:

(A) the total amount of fees received by Novelty or the Associated Parties from you in connection with your use of the Platform in the twelve (12) months preceding the incident or series of connected incidents giving rise to a claim; or

(B) TRY 100.00 or its equivalent in local currency.

10. Disclaimer of Warranties

10.1. The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. We do not warrant that the Platform will be uninterrupted or error-free.

10.2. While Novelty curates and approves the content made available on the Platform, we do not guarantee that all users will find the content suitable or to their personal taste. By using the Platform, you acknowledge that content may include themes, topics, or material that you might find objectionable or offensive, and you agree that Novelty will not be held liable for any content that you deem inappropriate.

10.3. By using the Platform, you agree that you are solely responsible for your interactions with the content, and you release Novelty from any liability or claims arising from your use of or exposure to such content.

10.4. We disclaim all warranties, express or implied, regarding the Platform, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.

11. Indemnification

11.1. You agree to indemnify, defend, and hold harmless Novelty, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses arising from your use of the Platform or violation of these Terms.

12. Governing Law and Dispute Resolution

12.1. These Terms shall be governed by and construed in accordance with the laws of Türkiye. Any dispute arising out of these Terms or your use of the Platform will be subject to the exclusive jurisdiction of the courts located in Ankara, Türkiye.

12.2. You agree to attempt to resolve any disputes informally by contacting us at [email protected] before resorting to legal proceedings.

13. Changes to the Terms

13.1. We reserve the right to update these Terms at any time, at our sole discretion. In the event of any material changes, we will notify you through a dialog box on the Platform indicating that the Terms have been updated. By continuing to use the Platform after such notification, you agree to be bound by the updated Terms. We encourage you to review the updated Terms when notified of changes. If you do not agree to the updated Terms, you must stop using the Platform.

14. Privacy Policy

14.1. Please refer to our Privacy Policy, which is incorporated by reference into these Terms, for information on how we collect, use, and disclose your personal information.

15. Miscellaneous

15.1. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.2. Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

15.3. No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

16. Contact Information

For any inquiries, disputes, or notices regarding these Terms, you may contact us at [email protected].

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

VLMedia Yazilim Bilisim Tanitim Danismanlik İc ve Dis Tic. A.S.

Üniversiteler Mah. İhsan Doğramacı Bulv. Gümüş Blok

No:29 B K1-1 Odtü Teknokent Çankaya /ANKARA

A. ADDITIONAL TERMS

If you live in one of the following countries or states, these Additional Terms apply and override any inconsistent terms in the Terms of Service:‍

‍1. CANADA

Section 1. (Eligibility) is replaced with the following:

By accessing or using the Platform (regardless of the age limit Application Store stipulated), you confirm that:

a) you are of legal age in your country and not under 16 years old. In the case where you are resident in a province or jurisdiction where the legal age is 18 or 19 years old, you confirm that you are 18 or 19 years old or older (as applicable); and

b) you have full power, capacity and authority to agree to the Terms of Service and have not been previously suspended or removed from using the Platform.

2. UNITED STATES OF AMERICA

Section 1. (Eligibility) is replaced with the following:

By accessing or using the Platform (regardless of the age limit Application Store stipulated), you confirm that:

a) you are of legal age in your country and not under 16 years old. In the case where you are resident in a state or jurisdiction where the legal age is 18 years old, you confirm that you are 18 years old or older; and

b) you have full power, capacity and authority to agree to the Terms of Service and have not been previously suspended or removed from using the Platform.