Terms of Use

These Terms of Use Agreement ("Agreement") apply to your access and use of the website, or the applications and other online products and services (collectively, our "Services") provided by Hungry Bird Teknoloji Ltd. Şirketi ("Hungry Bird" or "we").

If you do not agree to this Agreement, including the mandatory arbitration provision and class action waiver in Section 14, do not access or use our Services.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY Hungry Bird IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at our website and within our mobile application. We will also update the "Last Updated" date at the top of the Agreement. Any changes to the Agreement will be effective immediately for new users and will be effective thirty (30) days after posting notice for existing users.

If you have any questions about this Agreement or our Services, please contact us at support@hungrybirdas.com

You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services.

If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept this Agreement on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates this Agreement.

If you choose to login to the Services via a third-party platform or social media network, you will need to use your credentials (e.g., username and password) from a third-party online platform. You must maintain the security of your third party account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.

If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

Our Services may allow you and other users to create, post, store and share content, including photos, videos, messages, text, software and other materials (collectively, "User Content"). Subject to this Agreement and the Privacy Policy, you retain all rights in and to your User Content, as between you and Hungry Bird.

Further, Hungry Bird does not claim ownership of any User Content that you post on or through the Services. You grant Hungry Bird a nonexclusive, royalty-free, worldwide, fully paid license to use, reproduce, modify, adapt, create derivative works from, distribute, perform and display your User Content during the term of this Agreement solely to provide you with the Services.

You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Hungry Bird may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content.

You represent and warrant that:

• You own or otherwise have the right to use the User Content modified by you on or through the Services in accordance with the rights and licenses set forth in this Agreement
• You agree to pay for all royalties, fees, and any other monies owed by reason of User Content you stylize on or through the Services
• You have the legal right and capacity to enter into this Agreement in your jurisdiction

You may not create, post, store or share any User Content that violates this Agreement or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

Hungry Bird does not provide a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage. Hungry Bird will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct
• Use or attempt to use another user's account without authorization from that user and Hungry Bird
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access
• Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement

Prohibited User Content

You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences
• Impersonates, or misrepresents your affiliation with, any person or entity
• Contains any unsolicited promotions, political campaigning, advertising or solicitations
• Contains any private or personal information of a third party without such third party's consent
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Hungry Bird or others to any harm or liability of any type

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, user generated filters and other content contained therein (collectively, the "Hungry Bird Content") are owned by or licensed to Hungry Bird and are protected under both United States and foreign laws.

Except as explicitly stated in this Agreement, Hungry Bird and our licensors reserve all rights in and to our Services and the Hungry Bird Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Hungry Bird Content for your own personal use; however, such license is subject to this Agreement and does not include any right to:

• Sell, resell or commercially use our Services or Hungry Bird Content
• Copy, reproduce, distribute, publicly perform or publicly display Hungry Bird Content, except as expressly permitted by us or our licensors
• Modify the Hungry Bird Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Hungry Bird Content, except as expressly set forth in this Agreement
• Use any data mining, robots or similar data gathering or extraction methods
• Use our Services or Hungry Bird Content other than as expressly provided in this Agreement

Any use of our Services or Hungry Bird Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under this Agreement.

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Hungry Bird or our products or Services (collectively, "Feedback"), is non-confidential and we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.

You hereby grant to Hungry Bird a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Hungry Bird's business.

We have a policy of limiting access to our Services and terminating the accounts of users who repeatedly infringe the intellectual property copyright rights of others upon prompt notification to us by the copyright owner or the copyright owner's legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed
• A description of the location on the Services of the material that you claim is infringing
• Your address, telephone number and e-mail address
• A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Hungry Bird and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Hungry Bird Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to:

• Your access to or use of our Services
• Your User Content or Feedback
• Your violation of this Agreement
• Your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights)
• Your conduct in connection with our Services

You agree to promptly notify Hungry Bird Parties of any third party Claims, cooperate with Hungry Bird Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Hungry Bird Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Hungry Bird or the other Hungry Bird Parties.

We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services.

In addition, Hungry Bird does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Hungry Bird attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Hungry Bird or the other Hungry Bird Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

To the fullest extent permitted by applicable law, you release Hungry Bird and the other Hungry Bird Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

By accessing or using our Services, you acknowledge and, as applicable, consent to the processing, transfer and storage of information about you in and to the United States and other countries.

Please read the following section carefully because it requires users who are U.S. residents to arbitrate certain disputes and claims with Hungry Bird and limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement

Except for small claims disputes in which you or Hungry Bird seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Hungry Bird seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Hungry Bird waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or our Services resolved in court.

Arbitration Rules and Forum

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent. The arbitration will be resolved through confidential binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS"), an established alternative dispute resolution provider.

Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available; all other disputes shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.

Authority of Arbitrator

The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable.

Waiver of Jury Trial

Waiver of Class or Other Non-Individualized Relief

30-Day Right to Opt-Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to: support@hungrybirdas.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the e-mail address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.

Severability

Except as provided in this Section 14 above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement

This Arbitration Agreement will survive the termination of your relationship with Hungry Bird.

Modification

Notwithstanding any provision in this Agreement to the contrary, we agree that if Hungry Bird makes any future material change to this Arbitration Agreement you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: support@hungrybirdas.com.

This Agreement and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, consistent with the Federal Arbitration Act, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

The United Nations Convention for the International Sale of Goods does not apply to the Agreement. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.

By accessing or using the Services, you also consent to receive electronic communications from Hungry Bird (e.g., responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on our Services).

You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the "App") developed by Apple Inc. ("Apple").

Acknowledgement

You acknowledge that this Agreement is concluded solely between us, and not with Apple, and Hungry Bird, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App.

Scope of License

The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

Maintenance and Support

You and Hungry Bird acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty

You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you.

Product Claims

You and Hungry Bird acknowledge that as between Apple and Hungry Bird, Hungry Bird, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

Intellectual Property Rights

The parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe that third party's intellectual property rights, Hungry Bird, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under this Agreement.

Legal Compliance

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Users may not download, use, export or re-export any materials or Content (including User Content and Hungry Bird Content) posted or submitted on or through the Hungry Bird Services or any software utilized or available in connection with the Hungry Bird Services in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations and controls.

The Hungry Bird Services may include fee-based subscriptions giving you access to enhanced levels of Hungry Bird Services and additional Hungry Bird Content. A Hungry Bird Fee-Based Subscription is sold to an individual Hungry Bird user, and you may not share that subscription with anyone else.

Payment of a fee to Hungry Bird for enhanced levels of Hungry Bird Services does not change the service license Hungry Bird grants to you under the Terms. You may access and make use of such enhanced Hungry Bird Services on up to ten devices on a single operating system.

The Hungry Bird Services that may be accessed after payment are subject to a payment of certain fees as determined by us from time to time, which shall be made via credit card or such other payment method as accepted or directed by Hungry Bird. All subscription fees are quoted in U.S. Dollars unless otherwise specified by Hungry Bird. The subscription fees are exclusive of all taxes, which shall be borne by you.

You are solely responsible for ensuring that your billing and payment information is correct to prevent your subscription from being cancelled. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled your subscription, you remain responsible for any uncollected amounts.

We reserve the right to change, modify or vary the price, package and features of the Hungry Bird subscription plans that we make available from time to time. If we change or modify the price and package of such subscription plans, we will provide you with advanced notice of the applicable changes or modifications.

You may cancel your subscription by accessing your account information and following the posted instructions for cancellation of your subscription. By cancelling your membership, your account will automatically close at the end of your current billing period.

Although the Hungry Bird Services may be accessible worldwide, Hungry Bird makes no representation that the materials and/or content made available in connection with the Hungry Bird Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

Those who choose to access this Hungry Bird Services from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Hungry Bird Services is void where prohibited.

In accordance with California Civil Code section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

This Agreement constitutes the entire agreement between you and Hungry Bird relating to your access to and use of our Services. The failure of Hungry Bird to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement is for convenience only and have no legal or contractual effect. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.