Terms of Use (Terms & Conditions)
Last Updated: 30.10.2025
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE AYLA APP. THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. ACCEPTANCE OF TERMS
These Terms of Use ("Terms," "Terms & Conditions," "Agreement") constitute a legally binding contract between you ("User," "you," "your") and Furkan Uzun, a Şahıs registered at No:12 ,Ahm, Usk, Ist ("Company," "Ayla," "we," "us," or "our").
By downloading, installing, accessing, or using the Ayla mobile application (the "App" or "Service"), you acknowledge and agree that:
You have read, understood, and agree to be bound by these Terms.
You have read and agree to our Privacy Policy, which is incorporated into these Terms by reference.
You are at least 18 years of age and have the legal capacity to enter into this binding Agreement.
If you are accessing the App on behalf of an organization, you have the authority to bind that organization to these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE APP AND SHOULD IMMEDIATELY DELETE IT FROM YOUR DEVICE.
2. DESCRIPTION OF SERVICES
Ayla is a supplementary support tool designed to help parents and caregivers stay awake and alert during nighttime baby feedings and care sessions. The App is NOT a safety device, medical device, or monitoring system.
2.1 Core Features:
A. Silent Mode (Free):
An interactive tap-to-stay-awake system that requires you to respond to on-screen prompts by tapping designated areas.
Escalating alarm system with multiple stages: silent monitoring, vibration, screen flashing, audible alarm, and emergency contact notification.
Inactivity detection (approximately 30 seconds of non-interaction triggers escalation).
B. Voice Mode (Premium/Subscription):
An AI-powered conversational assistant that engages you in real-time voice conversation.
Uses third-party AI services (OpenAI) to provide interactive dialogue.
Includes the same inactivity detection and alarm escalation system as Silent Mode.
Real-time voice processing using WebRTC technology.
Text-to-speech responses to keep you engaged.
C. Alarm and Emergency Notification System:
Multi-stage alarm escalation: If you fail to respond to prompts or remain inactive, the App will progressively escalate alerts:
Stage 1: Silent internal monitoring
Stage 2: Device vibration and screen flashing
Stage 3: Audible alarm with ringtone
Stage 4: Emergency notification sent to pre-designated Emergency Contact(s)
Emergency notifications may include your name, alert type, timestamp, and a message indicating the App detected prolonged inactivity.
Notifications are sent via push notification (Firebase Cloud Messaging) to your Emergency Contact's device.
On iOS, emergency notifications may be sent as critical alerts that bypass Do Not Disturb and Silent modes (requires user permission).
D. Family System:
Ability to create or join a family group using invite codes.
Multiple emergency contacts can be designated with different priority levels.
Family members may receive emergency notifications based on their role and settings.
E. Additional Features:
Onboarding process to personalize your experience (baby age, preferences).
Settings management for emergency contacts, alarm preferences, and account information.
Feedback mechanism to improve the Service.
Analytics and usage tracking to optimize app performance.
2.2 Service Availability:
The Service is provided "as is" and "as available."
We do not guarantee uninterrupted, timely, secure, or error-free operation of the App.
The Service may be subject to limitations, delays, and other problems inherent in the use of the internet, mobile networks, and electronic communications.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.
3. CRITICAL LEGAL DISCLAIMER AND LIMITATION OF LIABILITY
⚠️ PLEASE READ THIS SECTION VERY CAREFULLY. IT SIGNIFICANTLY LIMITS OUR LIABILITY AND YOUR LEGAL REMEDIES.
3.1 NOT A MEDICAL DEVICE OR SERVICE:
THE APP IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO:
Diagnose, treat, cure, or prevent any disease, medical condition, or health problem.
Replace or substitute for professional medical advice, diagnosis, or treatment.
Monitor vital signs, health status, or physiological conditions.
Provide medical alerts or emergency medical services.
YOU ACKNOWLEDGE THAT:
The App is not FDA-approved, CE-marked, or certified as a medical device in any jurisdiction.
You should not rely on the App for any medical purpose.
If you are experiencing excessive fatigue, sleep deprivation, postpartum depression, or any other medical condition, you should seek professional medical care immediately.
The App is not intended for use by individuals with medical conditions that impair consciousness or responsiveness.
3.2 NOT A GUARANTEED SAFETY DEVICE OR BABY MONITOR:
THE APP IS NOT A BABY MONITOR, CHILDCARE SERVICE, OR SAFETY GUARANTEE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
Ultimate Responsibility: The safety and well-being of your baby is YOUR SOLE AND EXCLUSIVE RESPONSIBILITY at all times. No technology, including this App, can replace responsible parenting, vigilance, and safe infant care practices.
No Guarantee of Function: We do not and cannot guarantee that:
The App will detect when you fall asleep or become unresponsive.
The alarm will sound at the appropriate time or at sufficient volume to wake you.
The alarm will wake you or prevent you from falling asleep.
Emergency notifications will be delivered to your Emergency Contact(s).
Your Emergency Contact(s) will receive, read, or respond to notifications.
The App will function correctly on your device or in all circumstances.
The AI voice conversation will keep you awake or alert.
Safe Sleep Practices: You must follow all recommended safe sleep practices for infants as advised by pediatric health organizations (e.g., American Academy of Pediatrics), including:
Placing your baby on their back to sleep in a safe sleep environment (firm surface, no loose bedding).
Never falling asleep with your baby on a couch, armchair, or other unsafe surface.
Ensuring proper supervision of your baby at all times.
Not a Substitute for Rest: The App is intended for occasional, short-term use during wakeful periods. It is NOT intended to enable you to function without adequate sleep. Chronic sleep deprivation is dangerous for both you and your baby. If you are unable to stay awake due to exhaustion, you should:
Ask another responsible adult to supervise your baby.
Place your baby in a safe sleep space (e.g., crib or bassinet) and get rest.
Seek medical or professional support for sleep issues.
3.3 TECHNOLOGICAL LIMITATIONS AND DEPENDENCIES:
The functionality and reliability of the App depend on numerous factors beyond our control, including but not limited to:
Device-Related Factors:
Battery level and power availability
Device volume settings and mute switches
Operating system version and compatibility
Device performance and available memory
Hardware functionality (speakers, vibration motor, screen, microphone)
Device manufacturer restrictions or limitations
Network and Connectivity:
Internet or cellular network availability and quality
Wi-Fi or mobile data connectivity
Network congestion or outages
Firebase Cloud Messaging (FCM) service availability
Apple Push Notification Service (APNS) or Google Cloud Messaging availability
Permissions and Settings:
Notification permissions on your device and your Emergency Contact's device
Critical alert permissions (iOS)
Do Not Disturb modes, Focus modes, or similar system settings
Background app refresh settings
Battery optimization or power-saving modes that may restrict app functionality
Third-Party Services:
OpenAI API availability and performance (for Voice Mode)
Firebase services (authentication, database, cloud functions)
App Store or Google Play Store services
Analytics and crash reporting services
User Actions:
Accuracy of Emergency Contact information
Proper app configuration and setup
Device being unlocked or accessible for alarms
App running in foreground or background as required
YOU ACKNOWLEDGE AND ACCEPT THAT:
We have no control over these external factors.
We cannot and do not guarantee the App will function correctly under all conditions.
Failures may occur due to any of these factors without warning.
Such failures may prevent alarms from sounding or notifications from being delivered.
3.4 ASSUMPTION OF RISK:
BY USING THE APP, YOU EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH:
Parental fatigue and the risk of falling asleep while caring for your baby.
The possibility that the App may fail to detect your inactivity or alert you.
The possibility that alarms may not sound or may not wake you.
The possibility that emergency notifications may not be delivered or may be ignored.
Any technical, software, hardware, or network failures that may prevent the App from functioning.
Any harm or injury to you, your baby, or any other person that may result from your use of the App.
YOU ACKNOWLEDGE THAT:
You are using the App entirely at your own risk.
You will not rely solely or primarily on the App for your baby's safety.
You will continue to exercise reasonable care, judgment, and vigilance at all times.
You will use the App only as a supplementary tool, not as a primary safety measure.
3.5 LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
A. DISCLAIMER OF WARRANTIES:
THE APP AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
TITLE
QUIET ENJOYMENT
ACCURACY
SYSTEM INTEGRATION
WE DO NOT WARRANT THAT:
The App will meet your requirements or expectations.
The App will be uninterrupted, timely, secure, or error-free.
The results obtained from using the App will be accurate or reliable.
The quality of any services, information, or other material obtained through the App will meet your expectations.
Any errors in the App will be corrected.
B. EXCLUSION OF DAMAGES:
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
PERSONAL INJURY OR WRONGFUL DEATH
EMOTIONAL DISTRESS OR PSYCHOLOGICAL HARM
DAMAGE TO OR LOSS OF PROPERTY
HARM TO OR LOSS OF LIFE OF YOUR BABY OR ANY OTHER PERSON
ARISING OUT OF OR RELATED TO:
Your use of or inability to use the App
Any failure of the App to function as described or expected
Any failure of alarms, notifications, or alerts to function
Any reliance you place on the App or its functionality
Any action or inaction by your Emergency Contact(s)
Any interruption or cessation of the Service
Any bugs, viruses, or other harmful components transmitted through the App
Any content or conduct of third parties using the App
Any unauthorized access to or alteration of your data
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
C. CAP ON LIABILITY:
IF, NOTWITHSTANDING THE ABOVE EXCLUSIONS, WE ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:
THE AMOUNT YOU PAID TO US (IF ANY) FOR USE OF THE APP IN THE 12 MONTHS PRECEDING THE CLAIM, OR
TRY ₺3,000
D. ESSENTIAL BASIS OF THE BARGAIN:
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT PROVIDE THE APP TO YOU WITHOUT THESE LIMITATIONS.
E. JURISDICTIONAL LIMITATIONS:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
4. USER ELIGIBILITY AND ACCOUNT RESPONSIBILITIES
4.1 Age and Capacity:
You must be at least 18 years of age to use the App. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this binding Agreement.
4.2 Account Security:
If you create an account (via Google Sign-In, Apple Sign-In, or anonymous authentication), you are responsible for maintaining the confidentiality of your account credentials.
You are responsible for all activities that occur under your account.
You agree to notify us immediately of any unauthorized access to or use of your account.
We are not liable for any loss or damage arising from your failure to protect your account information.
4.3 Emergency Contact Responsibilities:
YOU AGREE AND WARRANT THAT:
Prior Consent: You have obtained explicit, informed consent from each person you designate as an Emergency Contact before adding them to the App. This includes informing them:
That they will receive emergency notifications from the App on your behalf.
The nature and purpose of these notifications (that you may have fallen asleep while caring for your baby).
That notifications may be sent as critical alerts that bypass Do Not Disturb settings (on iOS).
How to respond to or disable such notifications if needed.
Accurate Information: You will provide accurate, current, and complete contact information for each Emergency Contact, including their correct name and phone number.
Updates: You will promptly update Emergency Contact information if it changes or if the person no longer consents to receive notifications.
No Spam: You will not abuse the Emergency Contact feature by adding contacts without consent or for purposes other than legitimate emergency notifications.
Legal Responsibility: You are solely responsible for any consequences arising from:
Adding Emergency Contacts without their consent.
Providing incorrect contact information.
Sending unwanted or excessive notifications to Emergency Contacts.
Indemnification: You agree to indemnify and hold the Company harmless from any claims, damages, or legal actions brought by Emergency Contacts arising from your use of this feature.
4.4 Device Settings and Configuration:
IT IS YOUR SOLE RESPONSIBILITY TO:
Ensure your device is properly configured for the App to function, including:
Volume: Device volume turned up to an audible level (not muted).
Notifications: Notification permissions granted to the App.
Critical Alerts (iOS): Critical alert permission granted (for emergency notifications that bypass Do Not Disturb).
Battery: Sufficient battery charge or connected to power.
Network: Active internet or cellular data connection.
Background App Refresh: Enabled for the App (if applicable).
Do Not Disturb: Disabled or configured to allow notifications from the App.
Test the App's alarm and notification features before relying on them in a real situation.
Regularly verify that your Emergency Contacts are receiving test notifications.
Keep your device near you and accessible during use of the App.
Ensure your device's screen remains accessible (not locked in a way that prevents alarm interaction).
WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF THE APP DUE TO IMPROPER DEVICE CONFIGURATION, LOW BATTERY, NETWORK ISSUES, OR OTHER DEVICE-RELATED FACTORS.
4.5 Proper Use of the App:
YOU AGREE TO USE THE APP ONLY FOR ITS INTENDED PURPOSE AND IN ACCORDANCE WITH THESE TERMS. YOU AGREE NOT TO:
Use the App as a substitute for adequate rest or medical treatment.
Rely solely on the App for your baby's safety.
Use the App while operating a vehicle, machinery, or engaging in any activity requiring full attention.
Use the App in a manner that could endanger yourself, your baby, or others.
Disable, circumvent, or interfere with the App's safety features or alarm system.
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
Modify, adapt, translate, or create derivative works based on the App.
Use the App for any illegal, harmful, or unauthorized purpose.
Attempt to gain unauthorized access to any part of the App, other users' accounts, or our systems.
Transmit any viruses, malware, or other malicious code through the App.
Use any automated system (bots, scrapers, etc.) to access the App.
Interfere with or disrupt the integrity or performance of the App or its servers.
5. PAID SUBSCRIPTIONS AND IN-APP PURCHASES
5.1 Voice Mode Subscription:
Access to Voice Mode and certain other premium features requires a paid subscription, available via in-app purchase through the Apple App Store or Google Play Store.
5.2 Payment Terms:
Payment Processing: All payments are processed by Apple Inc. (for iOS) or Google LLC (for Android) through their respective app stores. We do not collect or store your payment card information.
Subscription Management: Subscriptions are managed through Adapty, our subscription management provider.
Payment Timing: Payment will be charged to your Apple ID or Google Play account at confirmation of purchase.
Currency and Pricing: Subscription prices are set by us and displayed in the App. Prices are in your local currency as determined by the app store. We reserve the right to change prices at any time.
5.3 Subscription Renewal:
Auto-Renewal: Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current subscription period.
Renewal Charge: Your account will be charged for renewal within 24 hours prior to the end of the current period, at the same price as the initial subscription (unless we have notified you of a price change).
Cancellation: To cancel auto-renewal, you must turn off auto-renewal in your device's account settings at least 24 hours before the end of the current period. Simply deleting the App does not cancel your subscription.
5.4 Managing Subscriptions:
You may view, manage, and cancel your subscriptions by going to:
iOS: Settings → [Your Name] → Subscriptions
Android: Google Play Store → Menu → Subscriptions
Alternatively, you can manage subscriptions through the App's settings page (where applicable).
5.5 Free Trials:
We may offer free trial periods for Voice Mode subscriptions.
If you are offered a free trial, you will be charged the subscription fee after the trial period ends, unless you cancel before the trial expires.
You may only use a free trial once. Creating multiple accounts to access additional free trials is prohibited.
We reserve the right to determine your free trial eligibility and to revoke a free trial at any time if we suspect abuse.
5.6 Refund Policy:
No Refunds: All purchases are final. We do not offer refunds for subscriptions, except as required by applicable law or app store policy.
App Store Refunds: Refund requests must be submitted directly to Apple or Google through their respective refund request processes. We have no control over app store refund decisions.
Exceptions: In certain exceptional circumstances (e.g., fraudulent charges, technical errors), we may, at our sole discretion, assist with refund requests. Contact us at fuzundesign@gmail.com with your order details.
5.7 Subscription Changes and Termination:
We reserve the right to modify, suspend, or discontinue Voice Mode or any subscription features at any time with or without notice.
If we permanently discontinue Voice Mode, we will provide pro-rated refunds for any unused subscription time, if technically feasible.
We may terminate your subscription immediately if you violate these Terms.
5.8 Taxes:
You are responsible for any applicable taxes related to your subscription purchase, as determined by your local jurisdiction.
6. VOICE MODE AND AI SERVICES
6.1 Voice Data Processing:
Voice Mode uses third-party AI services (OpenAI) to process your voice input in real-time and generate conversational responses.
When you use Voice Mode, your voice data is transmitted securely to OpenAI's servers for processing.
Voice data is NOT stored permanently by us. OpenAI may retain voice data temporarily (typically 30 days) for abuse monitoring and service improvement in accordance with their data retention policies.
6.2 Voice Mode Disclaimer:
Voice Mode is designed for engagement and companionship only. It is not a substitute for human interaction, medical advice, or mental health support.
The AI persona may occasionally produce incorrect, inappropriate, or unexpected responses. We are not responsible for the content of AI-generated responses.
You should not rely on AI-generated content for factual information, medical advice, or any critical decision-making.
6.3 Voice Mode Limitations:
Voice Mode requires a stable internet connection and may not function properly with poor connectivity.
The quality of voice recognition and AI responses depends on factors including background noise, microphone quality, network speed, and third-party service availability.
We do not guarantee that Voice Mode will keep you awake or prevent you from falling asleep.
6.4 Consent to Third-Party Processing:
By using Voice Mode, you expressly consent to:
The transmission of your voice data to OpenAI for processing.
OpenAI's processing of your voice data in accordance with their privacy policy and terms of service.
The real-time processing and temporary retention of voice data as described in our Privacy Policy.
7. FAMILY SYSTEM AND INVITE CODES
7.1 Family Groups:
The App allows you to create or join a family group using invite codes.
Family groups enable multiple users to share emergency contact responsibilities.
You may invite family members, partners, or trusted individuals to join your family group.
7.2 Invite Code Security:
Invite codes are generated by the App and are intended for sharing only with trusted individuals.
You are responsible for maintaining the confidentiality of your family's invite code.
Do not share invite codes publicly or with untrusted parties.
We are not responsible for unauthorized access to your family group resulting from your sharing of invite codes.
7.3 Family Member Responsibilities:
All family members must comply with these Terms.
Family members designated as Emergency Contacts will receive emergency notifications as described in Section 2.
You are responsible for ensuring all family members understand their roles and responsibilities.
7.4 Removing Family Members:
You may remove family members from your family group at any time through the App settings.
We reserve the right to remove users from family groups if they violate these Terms.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Ownership:
The App and all its components, including but not limited to:
Software, source code, and object code
User interface, design, and graphics
Features, functionality, and algorithms
Text, images, audio, video, and other content
Trademarks, service marks, logos, and trade names
Documentation and promotional materials
are and shall remain the exclusive property of Furkan Uzun and our licensors. The App is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of Türkiye and international treaties.
8.2 Limited License:
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
Download, install, and use the App on a personal device you own or control.
Access and use the features and services of the App for your personal, non-commercial use only.
This license does not grant you any ownership rights in the App.
8.3 Restrictions:
You may not:
Copy, modify, adapt, translate, or create derivative works of the App.
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App (except to the extent such restriction is prohibited by applicable law).
Rent, lease, loan, sell, sublicense, distribute, or otherwise transfer the App to any third party.
Remove, alter, or obscure any proprietary notices (copyright, trademark, etc.) from the App.
Use the App to develop a competing product or service.
8.4 Third-Party Open Source:
The App may incorporate third-party open-source software components. Such components are licensed under their respective open-source licenses, which are available within the App or upon request. Your use of such components is subject to the terms of their respective licenses.
8.5 Feedback:
If you provide us with any feedback, suggestions, ideas, or other information about the App ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable license to use, reproduce, modify, and incorporate such Feedback into the App and our other products without compensation or attribution to you.
9. PRIVACY AND DATA PROTECTION
9.1 Privacy Policy:
Your use of the App is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, store, and protect your personal data.
Privacy Policy: Available in the App settings
9.2 Data Collection:
By using the App, you consent to our collection and use of your data as described in the Privacy Policy, including:
Account information (name, email, phone number)
Emergency Contact information
Technical and usage data (device type, OS version, app usage patterns)
Voice data (for Voice Mode, processed in real-time and not stored permanently)
Analytics data (app events, session duration, feature usage)
9.3 Third-Party Services:
The App integrates with various third-party services (Firebase, OpenAI, Mixpanel, AppsFlyer, Adapty, etc.). Your data may be shared with these services as described in our Privacy Policy. Each third-party service has its own privacy policy and terms of service, which you are encouraged to review.
9.4 Data Security:
While we implement reasonable security measures to protect your data, no method of transmission or storage is 100% secure. We cannot guarantee absolute security of your data. You use the App at your own risk.
10. ANALYTICS AND ADVERTISING
10.1 Analytics:
We use third-party analytics services (Mixpanel, AppsFlyer, Facebook App Events) to collect and analyze usage data, understand user behavior, and improve the App. These services may use cookies, device identifiers, and other tracking technologies.
10.2 Advertising and Attribution:
We use AppsFlyer for attribution tracking to measure the effectiveness of our marketing campaigns. This may involve tracking your device identifier and linking it to app install and usage events.
10.3 Opt-Out:
iOS: You may limit ad tracking and attribution by adjusting your device's "App Tracking Transparency" settings.
Android: You may opt out of personalized advertising through your device's Google settings.
However, opting out of tracking may limit certain app functionality or our ability to provide support.
11. USER CONDUCT AND PROHIBITED USES
11.1 Acceptable Use:
You agree to use the App only for lawful purposes and in accordance with these Terms.
11.2 Prohibited Conduct:
YOU AGREE NOT TO:
Use the App in any way that violates any applicable federal, state, local, or international law or regulation.
Use the App to exploit, harm, or attempt to exploit or harm minors in any way.
Transmit, or procure the sending of, any advertising or promotional material, including "junk mail," "chain letters," "spam," or any similar solicitation.
Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the App, or which may harm the Company or users of the App.
Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App.
Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
11.3 Enforcement:
We reserve the right to:
Investigate any suspected violations of these Terms.
Take any action we deem appropriate, including reporting suspected illegal activity to law enforcement.
Suspend or terminate your access to the App immediately, without notice, for any violation of these Terms.
Cooperate fully with law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone violating these Terms.
12. TERMINATION
12.1 Termination by You:
You may terminate this Agreement at any time by:
Deleting the App from your device.
Contacting us to request account deletion at fuzundesign@gmail.com.
Note: Deleting the App does not automatically cancel paid subscriptions. You must cancel subscriptions separately through your device's app store settings.
12.2 Termination by Us:
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:
Your breach of these Terms.
Your violation of any applicable law.
Our belief that your use of the App may harm us, other users, or third parties.
Our decision to discontinue the App or any part of it.
Extended periods of inactivity (e.g., account inactive for over 12 months).
12.3 Effect of Termination:
Upon termination:
Your right to use the App immediately ceases.
All licenses granted to you in these Terms will immediately terminate.
You must delete the App from all devices.
We may delete your account and all associated data.
You remain liable for all obligations you incurred prior to termination.
Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, and dispute resolution provisions.
12.4 Refunds Upon Termination:
If we terminate your account for your breach of these Terms, you are not entitled to any refund of subscription fees.
If we terminate your account for other reasons (e.g., discontinuation of the Service), we may, at our sole discretion, provide a pro-rated refund of any unused subscription time.
13. INDEMNIFICATION
13.1 Your Indemnification Obligation:
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARTNERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "COMPANY PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATED TO:
Your use of or inability to use the App.
Your violation of these Terms or any applicable law or regulation.
Your violation of any third-party rights, including privacy rights, intellectual property rights, or contractual rights.
Your provision of Emergency Contact information without proper consent.
Any content, information, or data you submit, post, or transmit through the App.
Any harm or injury (including death) to you, your baby, or any third party arising from your use of the App or your reliance on the App's functionality.
Any dispute between you and your Emergency Contact(s) or family members related to the use of the App.
Any negligent or wrongful conduct by you in connection with the App.
13.2 Defense and Settlement:
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You may not settle any claim without our prior written consent.
14. CHANGES TO TERMS AND THE APP
14.1 Changes to These Terms:
We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time for any reason, including to:
Reflect changes in applicable law.
Reflect changes in the App's features or functionality.
Address security, privacy, or technical issues.
Improve clarity or readability.
14.2 Notice of Changes:
When we make material changes to these Terms, we will notify you by:
Posting the updated Terms in the App with a new "Last Updated" date.
Displaying a prominent notice in the App.
Sending an email notification (if you have provided an email address).
Sending a push notification.
14.3 Your Acceptance of Changes:
By continuing to use the App after the updated Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the App and may request deletion of your account.
We encourage you to review these Terms periodically for any changes.
14.4 Changes to the App:
We reserve the right to modify, suspend, or discontinue any feature or functionality of the App at any time, with or without notice, including:
Adding, removing, or modifying features.
Changing pricing or subscription terms (for new subscribers).
Updating the user interface or user experience.
Discontinuing support for certain devices or operating system versions.
We are not liable to you or any third party for any modification, suspension, or discontinuation of the App.
15. DISCLAIMERS (SUPPLEMENTAL)
IN ADDITION TO THE DISCLAIMERS IN SECTION 3, YOU ACKNOWLEDGE AND AGREE THAT:
15.1 Third-Party Services:
The App relies on third-party services (Firebase, OpenAI, Mixpanel, AppsFlyer, Adapty, etc.). We do not control these services and are not responsible for their availability, reliability, security, or performance. Any disruption or failure of third-party services may affect the App's functionality.
15.2 Internet and Network:
The App requires internet or cellular connectivity. We are not responsible for any issues arising from your internet service provider, network congestion, data limits, or connectivity problems.
15.3 Device Compatibility:
While we strive to support a wide range of devices, we do not guarantee the App will function correctly on all devices or operating system versions. Device-specific issues, manufacturer modifications, or outdated operating systems may affect functionality.
15.4 No Emergency Services:
THE APP DOES NOT PROVIDE EMERGENCY SERVICES. In the event of a medical emergency, you should immediately call your local emergency services number (e.g., 911 in the United States, 112 in the EU, etc.). The App's emergency notification feature is NOT a substitute for professional emergency response services.
15.5 Content Accuracy:
Any informational content provided in the App (e.g., tips, articles, FAQ) is for general informational purposes only and should not be considered professional medical, legal, or childcare advice. Always consult qualified professionals for specific advice tailored to your situation.
16. DISPUTE RESOLUTION
16.1 Informal Resolution:
BEFORE FILING A CLAIM OR LAWSUIT, YOU AGREE TO FIRST CONTACT US TO ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY. Please send a detailed description of the dispute, including your contact information and desired resolution, to fuzundesign@gmail.com. We will attempt to resolve the dispute within 30 days.
16.2 Binding Arbitration (Optional - Consult Legal Counsel):
[NOTE: If you want to include a binding arbitration clause, consult with legal counsel to ensure it complies with your jurisdiction's laws. Arbitration clauses are enforceable in many jurisdictions but may be subject to specific requirements and limitations.]
If we are unable to resolve the dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be resolved through binding arbitration administered by Istanbul Arbitration Centre in accordance with its Uygulanacak kurallar.
The arbitration shall be conducted in Turkey-Istanbul, and judgment on the arbitration award may be entered in any court having jurisdiction. You agree to waive your right to a jury trial and to participate in a class action lawsuit or class-wide arbitration.
Notwithstanding the above, either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.
16.3 Governing Law:
These Terms and any dispute arising out of or related to these Terms or the App shall be governed by and construed in accordance with the laws of Republic of Turkey, without regard to its conflict of law principles.
16.4 Jurisdiction and Venue:
If arbitration does not apply or is not enforceable, you agree that any legal action or proceeding arising out of or related to these Terms or the App shall be brought exclusively in the state or federal courts located in Istanbul, Turkey, and you consent to the personal jurisdiction of such courts.
16.5 Waiver of Class Actions:
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to participate in a class action lawsuit or class-wide arbitration.
16.6 Exceptions:
Notwithstanding the above, either party may:
Seek equitable relief (e.g., injunctions) in any court of competent jurisdiction to protect intellectual property rights, trade secrets, or confidential information.
File a claim in small claims court if the claim qualifies.
17. MISCELLANEOUS PROVISIONS
17.1 Entire Agreement:
These Terms, together with our Privacy Policy and any other legal notices or policies published by us in the App, constitute the entire agreement between you and the Company regarding your use of the App and supersede all prior agreements, understandings, and communications, whether oral or written.
17.2 Severability:
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
17.3 Waiver:
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.
17.4 Assignment:
You may not assign, transfer, or delegate these Terms or your rights and obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.
17.5 Force Majeure:
We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
17.6 Third-Party Beneficiaries:
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and the Company.
17.7 Notices:
Any notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given:
When delivered personally.
When sent by confirmed email to the email address you provided (or to fuzundesign@gmail.com for notices to us).
Three (3) days after being sent by registered or certified mail, return receipt requested.
When displayed prominently in the App.
17.8 Language:
These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any inconsistency or discrepancy.
17.9 Survival:
Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: Sections 3 (Disclaimer and Limitation of Liability), 6 (Intellectual Property), 9 (Privacy), 13 (Indemnification), 16 (Dispute Resolution), and 17 (Miscellaneous Provisions).
17.10 App Store Terms:
If you downloaded the App from the Apple App Store or Google Play Store, you acknowledge and agree to the following additional terms:
For Apple App Store:
These Terms are between you and the Company only, not with Apple Inc. ("Apple").
Apple is not responsible for the App or its content.
Apple has no obligation to provide maintenance or support for the App.
Apple is not responsible for any product warranties.
Apple is not responsible for addressing any claims by you or third parties relating to the App.
In the event of any third-party claim that the App infringes intellectual property rights, the Company (not Apple) will be responsible for investigation, defense, settlement, and discharge of such claim.
Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
For Google Play Store:
These Terms are between you and the Company only, not with Google LLC ("Google").
Google is not responsible for the App or its content, and has no obligations or liabilities with respect to the App.
18. CONTACT INFORMATION
If you have any questions, concerns, complaints, or feedback regarding these Terms or the App, please contact us at:
Furkan Uzun
Address: No:12 ,Ahm, Usk, Ist
Email: fuzundesign@gmail.com
Website: no website
For support inquiries: fuzundesign@gmail.com
We will make reasonable efforts to respond to your inquiry within 48 hours for urgent matters and 7 business days for general inquiries.
19. ACKNOWLEDGMENT AND ACCEPTANCE
BY CLICKING "I AGREE," DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT:
You have read, understood, and agree to be bound by these Terms in their entirety.
You have read and agree to our Privacy Policy.
You understand that the App is NOT a medical device, safety device, or guarantee of your baby's safety.
You understand the limitations and risks described in Section 3 (Critical Legal Disclaimer).
You voluntarily assume all risks associated with using the App.
You are at least 18 years of age and have the legal capacity to enter into this Agreement.
You will use the App responsibly and only as a supplementary tool, not as a primary safety measure.
You understand that the ultimate responsibility for your baby's safety rests solely with you.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
Last Updated: 30.10.2025
Effective Date: 30.10.2025
Version: 1.0