Legal

A) Information Note – Privacy Policy:

As Podear Limited (“Podear” or “Company”), we have prepared the following information note for you, acting in the capacity of a Data Controller, under the Law No. 6698 on Personal Data Protection.

We wish to inform you of the collection, processing, storage, and transfer of your personal data and of your rights, in order to fulfill our obligations under the Law on Personal Data Protection.

You can also find the Express Consent Form, our Cookie Policy, and the Application User Agreement/Rules below.

Podear may amend the Information Note, Express Consent Form, Cookie Policy, and Application End-User License Agreement to comply with any future amendment to the legislation and/or to provide you with accurate information about your personal data. The Information Note, Express Consent Form, Cookie Policy, and Application End-User License Agreement (AEULA) shall take effect upon publication in the Poddy app.

1. Definitions

For the purposes of this Agreement:

Personal Data means any information relating to an identified or identifiable natural person;

Law on Personal Data Protection means the Law No. 6698 on Personal Data Protection, which took effect upon publication in the Official Gazette on 7 April 2016;

Data Processor means any natural or legal person who processes personal data on behalf of a Data Controller under the authority granted by the Data Controller; and

Data Controller means any natural or legal person who determines the purposes and means of processing Personal Data and is responsible for the establishment and management of a data recording system.

Poddy is mainly a podcast, social media, and entertainment app developed by Podear Limited.

2. Identity of the Data Controller

Under the Law on Personal Data Protection, the “Data Controller” is Podear Limited (“Podear” or “Company”), registered under the company number 14273148 and headquartered at 1401 Ave. Unit 105, Wilmington Delaware 19806, USA.

3. Purposes of Data Processing

Your personal data specified below is processed with the express consent you have granted by downloading the Poddy app, for the purposes of fulfilling our legal obligations under Articles 5(2) and 6(2) of the Law on Personal Data Protection, as well as our other legal obligations, or concluding or performing an agreement.

With the Poddy app, Podear offers you services mainly for a podcast, social media, and entertainment app. Podear collects and processes your personal data in order to allow you to create personalized spaces in this app and any other apps it will release, including during the testing and demo phases; to enable these apps to give you special suggestions, the reminders you have set, and standard reminders based on your stages of use, offer you personalized discounts, provide you with personalized practical information, give you album suggestions through the audio, video, and photo gallery you will create, serve as an archive/log/notebook where you will enter data; to allow you to track your processes retrospectively using the data you have entered; and to send personalized purchasing suggestions, announcements, and notifications.

Podear also collects and processes your personal data for several operations, including customer relations management; customer satisfaction; requests and complaints; responding to and following up on these requests and complaints; subscription; agreements; gifts; contests; offers; promotions; advertisements; notifications about the use of the app and products/services; invoicing and accounting transactions; carrying out all communication activities to keep you informed of offers, discounts, gifts, and contests about the app and products/services; ordering; tracking and carrying out payment and customer services/support processes; return processes; archiving; backup and storage for legal and other processes; strategy planning; providing information to relevant institutions and persons, if requested under the law; tracking legal procedures; strategic developments; carrying out engagement and loyalty processes; business continuity; compliance with the legislation; product/service/market analysis; risk management; audit; intermediary company and supply chain processes; operational security and information security businesses carried out by the data controller; carrying out engagement/loyalty processes regarding products and services; all kinds of marketing practices and processes; operational procedures regarding the use of the app and products/services; and ethical approach and positioning activities.

4. Legal Basis for the Processing of Personal Data by the Data Controller:

Podear processes your personal data on the basis of legal reasons explicitly stated in the Law on Personal Data Protection, including fulfilling its legal obligations as the data controller, establishing a direct relationship by concluding and performing an agreement, meeting the requirement of processing data in accordance with the agreement, protecting the legitimate interests of the data controller and creating, amending, granting, and protecting a right without violating the fundamental rights of the users of the app, and complying with the official requests and electronic documents submitted by judiciary bodies for warnings, lawsuits, and administrative and other procedures regarding disputes.

Podear also processes your personal data with your express consent, granted with the Express Consent Form, in cases that are not included among the legal reasons above.

5. Types of Personal Data and Methods of Collection:

Podear collects various pieces of static and dynamic data from Users through the methods specified below. The data collected by Podear depends on the services and features used by Users.

The data collected and processed by Podear are collected by means of the profile details you will enter when you download the app; the areas you will fill in to use tracking/reminder/suggestion services; your audio and video recordings, photos, subscription forms, applications, and requests; agreements; offers; surveys; additional forms you may fill out depending on your preferences; third-party browsers, websites, and social platforms (the websites of Podear and Poddy, other websites, browsers such as Google, and social platforms such as Instagram, Facebook, and Twitter) using cookies; call center calls and records; email correspondence; messages; customer software such as CRM and SAP; surveys and contests in which you participate; electronic and mobile devices that you use; device IMEI numbers; device MAC addresses; computer screenshots; telecommunications infrastructure; and information security systems.

In this clause, groups of data that are processed for the Products/Services offered by Podear and are deemed personal data under the Law on Personal Data Protection are listed below. Unless otherwise expressly stated, the terms “personal data” and “special category data” used in the terms and conditions in this Information Note refer to the following categories:

Name and Contact Details: Name, Surname, mobile phone number, home/work landline number, fax number, email address, residential address, work address, billing and delivery addresses, Identification Number (national identification number), passport number.

Contact and Authentication Details: Subscription details of users, passwords used to verify the identity and access the account, username, contact details, user numbers, IP address, app/website and server login and logout details, traffic details, connection time and user habits data, and call center records, if any.

Demographic and Health Data: Date, time, and place of birth, zodiac sign, age, gender, blood type, health data (medical history, medications, reports, imaging results, etc.), laboratory results, medication follow-up notes, prescriptions, diseases, health records, logbooks, appointments, notes, retrospective archives, and similar data.

Location Data: It includes data about the precise and approximate location of users. Any location data obtained using GPS data and IP and port addresses is processed in the event that the user wishes to search for content around their location on their electronic and/or mobile device while using the Podear mobile app or any other third-party app, and gives consent to the processing of this data.

Payment Data: Billing, payment, delivery, and return details of the subscriber (name, surname, billing address, national identification number, passport number, account number, bank details, IBAN number, encrypted credit card details), invoices sent, and receipt samples of payments made by subscribers, and payment data such as payment number, invoice number, invoice amount, and invoice date.

Content Data: Subscription details, notification description, solution description, satisfaction, reason for notification, customer note, customer comments, customer ratings, app rating, subscription renewal date, content of errors displayed while the app is being used, interim notification status, interim notification, reason for calling, contests, and similar data. All kinds of content-related data, such as the content listened to/watched/consumed/produced and their categories, types, duration, and producers.

Survey Responses: Responses to periodical surveys conducted by Podear in the application, response preferences, user trends, participation preferences, as well as the means through which the surveys are conducted, and the time and duration of these surveys.

Gallery and Album: Editing, processing, and tagging personal audio recordings, photos/videos stored on the electronic or mobile device or created in the Podear app, adding texts to them, and storing them on the user’s own device or on third-party data storage platforms, compiling existing or newly-created photos into an album, and suggesting them to users. Your personal data stated above and of similar nature will be processed with your express consent under Articles 5(1) and 6(2) of the Law on Personal Data Protection, for the purposes stated above and in our Privacy Policy. Furthermore, your Personal Data will be processed with your express consent for the planning and execution of the necessary activities to suggest and introduce content tailored to your taste, usage habits, and needs.

6. Transfer of Personal Data to Third Parties or Abroad

Your Personal Data may be transferred to the following parties without your express consent for the purposes set out in Articles 5(2) and 6(3) of the Law on Personal Data Protection or with your express consent under Articles 5(1) and 6(3) of the Law on Personal Data Protection for the purposes set out in the Information Note: third parties that are located in Türkiye and provide support in the fields of storage, archiving, information technology (server, hosting, software, cloud computing), social media management (such as Instagram, Facebook, Twitter, etc.), security, call center, sales, or marketing; subsidiaries that partner with and/or provide services to Podear Limited, the parent company; Podear Limited; mobile operators, business partners, suppliers, shipping companies, SMS marketing companies, and email marketing companies that provide support in the organization and promotion of other events/exhibitions/festivals held by Podear Limited; banks and financial institutions; consulting firms, official authorities, and attorneys/law firms providing support in legal matters, tax matters, etc.; companies/suppliers/software providing technology infrastructure services; and third parties, institutions, and organizations providing support in all kinds of physical and electronic/digital sales and marketing activities and in other areas related to the activities of Poddy and its parent company, Podear Limited (advertising companies that send emails and create campaigns, companies providing CRM services, etc.). The servers of Podear, which is the Data Controller, are located abroad, and its data is stored abroad. Your personal data is required to be transferred and stored abroad for the purposes stated in this Information Note.

7. Your Rights as a Data Subject Under Article 11 of the Law:

We hereby inform you that you have the following rights as a data subject under Article 11 of the Law:
the right to be informed as to whether your personal data has been processed,
the right to request information regarding the processing of your personal data, in case your personal data has been processed,
the right to be informed about the purpose of the processing and whether your personal data has been processed for the intended purpose,
the right to be informed about the third parties in Türkiye or abroad to which your personal data has been transferred,
the right to request the rectification of any incomplete or inaccurate personal data and to request that any third party to which your personal data has been transferred be notified of the rectification,
the right to request the erasure or destruction of your personal data and to request that third parties to which your personal data has been transferred be notified of such action, in the event that your personal data is no longer necessary for the purposes for which it was originally processed, even though it is processed in compliance with the Law and other applicable provisions,
the right to object to any unfavorable consequence arising from the analysis of personal data exclusively by automated means, and
the right to claim any damages arising from the unlawful processing of your personal data.

You may submit a request to exercise your rights stated above in Turkish and in writing, by sending an email using your registered email (KEP) address, secure electronic signature, mobile signature, or another email address previously notified to the Company and registered in our system, or by any other means set out in the Communiqué No. 30356 on the Principles and Procedures for Submitting a Request to the Data Controller, issued on 10 March 2018, under Article 13(1) of the Law No. 6698 and the Communiqué on the Principles and Procedures for Submitting a Request to the Data Controller. Podear reserves the right to verify your identity before responding.

Your request must include:

your name, surname, and signature, if your request is submitted in writing,
your Republic of Türkiye identification number, in case you are a citizen of the Republic of Türkiye, or your nationality, passport number, or identification number, if any, in case you are a foreigner,
your residential or work address for notification,
your email address, phone number, and tax number for notification, and
the subject of your request, and any information and document on the subject must be attached to the request.

You can send your written requests with the necessary documents attached to Podear Limited, which is the data controller and headquartered at “1401 Ave. Unit 105, Wilmington Delaware 19806, USA.”

You can email your requests to [email protected].

You can also email your requests to our KEP address, [email protected].

Correct and complete information and documents must be provided to us, according to the nature of your request.

Requests may be submitted by Poddy users in person or with a special power of authority given by them. Any request submitted by unauthorized individuals shall not be considered or granted.

Failure to provide the requested information or documents properly may lead to disruptions in the full and competent conduct of the investigations to be conducted by Podear upon your request. Podear represents that it shall reserve its legal rights in this case. Therefore, you must submit your request complete with the requested information and documents, depending on the nature of your request.

Your request shall be concluded within 30 (thirty) days of receipt. In the event that the process involves expenses, we shall apply the tariff set by the Personal Data Protection Board. In case your request is denied, we shall notify you of the reason for the denial in writing or electronically.

8. Retention and Erasure of Personal Data

In the event that a retention period is set for your personal data in the Law on Personal Data Protection or in the relevant laws and regulations, the data must be retained for this period. If no retention period is set, we shall retain your personal data for ten (10) years in accordance with our data retention policy, current legal responsibilities, and general statute of limitations. At the end of this period, your personal data shall be erased or anonymized as required/permitted by law without any request. Your data shall be erased within thirty (30) days to the extent permitted by legal regulations upon your request, in case there is a valid reason. Requests submitted before the expiration of the period for which potential accounting, financial, dispute, litigation, and other legally required data are required to be retained under regulations and laws shall not be granted. In the event that the reason for the request is not sufficient, Podear shall notify the reason for the denial to the legal email address or postal address provided by the requester with an explanation and reasoning within thirty (30) days.

B) EXPRESS CONSENT to the Processing of Personal Data

We would like to inform you about our Poddy app, offered by Podear Limited (“Podear” or “Company”), and its activities.

Once you install Poddy, which is mainly a podcast, social media, and entertainment app, you need to sign up to use the app, have the app assist you, follow up processes for yourself, your family members, or somebody else, get suggestions, record audio, create albums and photo galleries, enter contests, fill out surveys, earn Poddy loyalty points, use these loyalty points, get discounts, get offers, and get notifications, including during the testing and demo phases.

In order to use our app free of charge or for a fee, you should have read/agreed to the Information Note, the Express Consent, our Cookie Policy, and our Application End-User License Agreement. The app will not allow you to proceed without agreeing to these terms. We strongly advise you to read all the terms. Please note that in case you continue by agreeing to the terms and start using the app, you will be deemed to have read and agreed to all the terms.

Our subscription requirements include:

mandatory information (name, surname, email address, mobile phone number, etc.) ** Users may not proceed beyond the home screen in the app without filling in these fields.
optional information (following, birth information, physical information, health information, etc.) ** Entering this information completely may allow the app to guide you more accurately.
Free or Paid subscription (All users may use the Poddy app free of charge with certain limitations. All users may upgrade their subscriptions to paid subscription at any time in order to use more features of the Poddy app. All users may cancel their paid subscriptions at the end of the subscription period.),
your agreement to the Podear Information Note,
your agreement to the Podear Cookie Policy,
your agreement to the Podear Express Consent Form as a user, and
your agreement to the terms of use of Podear’s app and other platforms.

We would like to stress that optional information can be used to guide you in line with your purpose in installing the app. Failure to provide this information may lead the app to mislead you or be unable to guide you accurately or fully.

The following procedures will be followed when you start using the app after agreeing to the relevant terms, start your free or paid subscription, and provide mandatory or optional information.

Your name, surname, date of birth, identification number, mobile phone number, email address, password, postal address, Poddy in-app balance (clap), Poddy points (loyalty points), and similar personal information, as well as your purchases, if any, purchase history, and billing details, are stored on a server.
The audio recordings, photos, and videos that you share in the app are stored on a server in order to allow the app to guide you and help you use the app more efficiently.
As you use the app and other platforms of the app, your user experiences, user habits, following and follower preferences, survey preferences, Poddy in-app balance (clap), Poddy points (loyalty points), gains/uses/uses of points, subscription options, communication options, and similar preferences are analyzed by the system and stored in our system and on our servers.
Your agreement to the app’s Information Note, the express consent form, the cookie policy, and the Application End-User License Agreement is stored on our servers by the system.
Your information stored in the system and your app usage information and analyses are intended to be monitored and evaluated by the system in order to allow you to use personalized services, enter contests, get gifts, and order free products by collecting points. To make these personalized offers to you, it may be necessary to process some of your personal data, disclose it to our professional business partners, record it in our software and/or systems provided by our technology suppliers, and use it in the promotional activities and projects to be carried out for marketing and advertising activities. As some of your personal data that needs to be processed to ensure your satisfaction as our user does not meet the requirements for data processing without consent under the Law on Personal Data Protection, they can only be processed with your specific, express consent as a customer. If you do not wish to give consent, please uninstall our Poddy app on your device without using it in any way. Please note that if you decide not to use the app after agreeing to the information note, express consent form, and application end-user license agreement, the written rules and conditions shall apply.

In this app, personal data and special category data refer to any data that relates to you or one of your family members or that relates to somebody else but is entered by you. The responsibility for any data entered by the Application User relating to other individuals, such as family members, minors, divorced spouses, children of whom they do not have custody, or non-family members, as well as for notifying these individuals and obtaining their consent, if necessary, shall lie with the User, and the consent of the User shall be sought for such data and activities.

With your express consent:

The personal data collected and processed by Podear will be collected, processed, and stored by means of the profile details you will enter when you download the app; the areas you will fill in to use tracking/reminder/suggestion services; your audio and video recordings, subscription forms, applications, and requests; agreements; offers; surveys; additional forms you may fill out depending on your preferences; third-party browsers, websites, and social platforms (the websites of Podear and Poddy, other websites, browsers such as Google, and social platforms such as Instagram, Facebook, and Twitter) using cookies; call center calls and records; email correspondence; messages; customer software such as CRM and SAP; surveys and contests in which you participate; electronic and mobile devices that you use; Device IMEI numbers; Device MAC addresses; Computer screenshots; telecommunications infrastructure; and information security systems.

Name and Contact Details: Name, Surname, Mobile phone number, home/work landline number, email address, Residential address, work address, billing and delivery addresses, Republic of Türkiye Identification Number (national identification number), passport number.

Contact and Authentication Details: Subscription details of users, Passwords used to verify the Identity and access the account, Username, Contact details, User numbers, IP address, app/website and server login and logout details, traffic details, connection time and user habits data, and call center records, if any.

Demographic and Health Data: Date of Birth, time of Birth, place of Birth, Zodiac sign, Age, Gender, Health information (medical history, medication, report, imaging results, etc.), Laboratory results, blood type, medication follow-up notes, prescriptions, diseases, health records, logbooks, appointments, notes, retrospective archives, and similar data.

Payment Data: Billing, Payment, Delivery, and Return details of the subscriber (Name, surname, billing address, Republic of Türkiye identification number [national identification number], passport number, residential and work addresses, account number, bank details, IBAN number, encrypted credit card details), invoices sent and receipt samples of payments made by subscribers, and payment data such as payment number, invoice number, invoice amount, and invoice date.

Content Data: Subscription details, notification description, solution description, satisfaction, reason for notification, follower note, follower comments, follower ratings, app rating, subscription renewal date, content of errors displayed while the Service is being used, interim notification status, interim notification, reason for calling, contests, and similar data. All kinds of content-related data, such as the content listened to/watched/consumed and their categories, types, duration, and producers.

Survey Responses: Responses to periodical surveys conducted by Poddy in the app, response preferences, user trends, participation preferences, as well as the means through which the surveys are conducted, and the time and duration of these surveys.

Gallery and Album: Editing, processing, and tagging audio recordings, personal photos/videos stored on the electronic or mobile device or created in the Poddy app, adding texts to them, and storing them on the user’s own device or on third-party data storage platforms, compiling existing or newly-created photos into an album, and suggesting them to users. Audio recordings, photos, and videos created by the user are stored on Podear’s servers.

In the event that you start using our Podear app after agreeing to our express consent form, these personal data collected, processed, and stored can be used by Poddy and Podear Limited, Poddy’s parent company, to create general and personalized advertisements, discounts, campaigns, promotions, contests, surveys, follow suggestions, and other suggestions, to give you reminders, to remind appointments, to carry out follow-up activities, to cross-sell products and services, to target users, to analyze and identify the target audience, to track user activity to improve user experience, to personalize your needs; to suggest sales/products/services, to carry out direct marketing, indirect marketing, personalized marketing, remarketing, market research, internal reporting, and customer relations management activities, to sell and market the products and services of Podear’s business partners, to create loyalty points and ensure loyalty, or to contact you; can be used in the same way in all the applications, events, exhibitions, festivals, and other activities of Podear, Poddy’s parent company; can be processed for the legal reason of “express consent” under Article 5(1) of the Law on Personal Data Protection; and can be transferred to third parties in Türkiye and abroad for the same purposes and legal reason.

Your Rights as a Data Subject Under Article 11 of the Law

We hereby inform you that you have the following rights as a data subject under Article 11 of the Law:
the right to be informed as to whether your personal data has been processed,
the right to request information regarding the processing of your personal data, in case your personal data has been processed,
the right to be informed about the purpose of the processing and whether your personal data has been processed for the intended purpose,
the right to be informed about the third parties in Türkiye or abroad to which your personal data has been transferred,
the right to request the rectification of any incomplete or inaccurate personal data and to request that any third party to which your personal data has been transferred be notified of the rectification,
the right to request the erasure or destruction of your personal data and to request that third parties to which your personal data has been transferred be notified of such action, in the event that your personal data is no longer necessary for the purposes for which it was originally processed, even though it is processed in compliance with the Law and other applicable provisions,
the right to object to any unfavorable consequence arising from the analysis of personal data exclusively by automated means, and To claim compensation for any damages due to the unlawful processing of your personal data.

You agree that you freely and expressly consent to the processing of all of your personal data stated above and of similar nature solely for the purposes stated, and to their transfer to and storage on servers abroad, and in the event that you enter the confirmation code sent to you into the app and proceed, you will be deemed to have agreed to the Podear Information Note, the Podear Express Consent Form, the Podear Cookie Policy, and the Podear Application End-User License Agreement.

C) Our Policy on Cookies and Other Supporting Software

As Podear Limited (“Poddy” or “Company”), we use cookies and supporting software that report on user habits and experience on our Poddy mobile app, our website www.poddy.co, Poddy’s social media platforms, and all digital and electronic media and platforms where we carry out advertising and marketing activities on behalf of Poddy.

These cookies and supporting software are used

to provide basic assistance to users,
to improve the functionality of the app,
to eliminate the need to re-enter the username and password every time the app is opened,
to prevent items from disappearing from the cart,
to facilitate access to the desired services,
to remember user preferences and remind users of them,
to provide accurate information,
to give accurate reminders/warnings,
to suggest the right albums,
to analyze the platform, user experience, and products/services,
to improve the app’s performance,
to target users and provide quick access to information,
to make personalized suggestions and enable users to avoid unnecessary content,
to analyze following preferences, followers, traffic, user count, and pages visited,
to ensure integration with servers,
to ensure integration with other social media and social platforms, allow users to post content on these platforms, and enable Podear to post content, perform analyses, and make suggestions on these platforms, and
to analyze and target users, create personalized advertisements, and make personalized contest, survey, offer, and product suggestions.

While some of the cookies and supporting software are used for necessary data processing without your consent under Article 5 of the Law on Personal Data Protection, the rest is used with your consent, on the grounds that “the data processing is necessary for the legitimate interests of the data controller, provided that it does not violate the fundamental rights or freedoms of the individual,” under the same article. You can disable cookies on your browser, if you wish. Please note that if you disable cookies, some functions may not be available or work as intended. Some of the cookies (such as those related to communication preferences) can be disabled in the mobile app, while others (such as those related to the username, password, etc.) cannot be disabled as they are necessary for the app.

D) Application End-User License Agreement (AEULA)

As Podear Limited (“Podear” or “Company”), we have prepared the following Application End-User License Agreement in order to allow you to use the Poddy app (“App” or “Poddy”) properly without any grievance.

Podear End-User License Agreement

The Podear End-User License Agreement is entered into by and between Podear and the User to set forth the terms and conditions regarding the download, installation, and use of the app, the use of in-app and external services, in-app purchases, the sale of the content created, services for supporting/donating to content, and subscription services. Any User who downloads the app and starts using it shall be deemed to have agreed to this agreement.

Application Owner

The Poddy app is owned by Podear Limited, registered under the company number 14273148 and headquartered at 1401 Ave. Unit 105, Wilmington Delaware 19806, US.Licenses for the App

The Poddy app and its logo, services, online and offline content, and documents, as well as all the services offered to you, including those available in the app and on social media platforms, are developed by Podear. They may not be used in any other medium without consent. They may not be quoted, reproduced, or redistributed free of charge or for profit.

Other Channels Where the Application End-User License Agreement Applies

The contractual relationship established through the app covers Poddy’s website and social media channels and all other channels where Poddy provides services, creates content, conducts campaigns, carries out social responsibility projects, and holds contests and all other events, as well as the use of the Poddy app.Agreement to the Application End-User License Agreement

If you do not agree to any article in the Podear Application End-User License Agreement, please uninstall the app on your device without agreeing to the terms and conditions. Your use of the application indicates that you agree to the Podear Application End-User License Agreement. If you do not agree to any article in the Application End-User License Agreement and/or the terms and conditions set forth herein, please uninstall the app immediately without using it.

Notifications

You can email your notifications to [email protected].

Definitions

“Podear” or “Company” means Podear Limited.
“App” or “Poddy” means the Poddy app.
“User” means person(s) and organizations who download and use the app.

Application Platforms

The app is downloaded by the user on Google Play and Apple App Store. To download the app, you need to create an account on the relevant platform. Podear cannot be held responsible for any problem caused by the platform where you download the app. Subscription fees will be collected by the platform where you download the app, or from the credit card, the details of which you will enter. You can cancel your subscription on your mobile device, our website, or the platform where you download the app. Furthermore, you must follow the rules of the platform where you download the app.

iOS Developer Terms, Notice, and Certification

In order for the app to be available on App Store, we are required to add the following notice by Apple and obtain your consent.

8.1 Certification

You, a user of Poddy, and we, Podear, certify that this agreement has been concluded not between Apple Inc or any of the subsidiaries of Apple Inc, but between you, the User, and us, Podear.

8.2 Granting of License

Depending on and considering your compliance with the terms of the Application End-User License Agreement, Podear grants you, the user, a non-lifetime, personal, revocable, and non-transferable license to use the app or its content on a device you own or control, under the terms set out by the Poddy app and as permitted by the terms of service.

8.3 Maintenance and Support

Podear is solely responsible for providing maintenance and support for the app. You, the user, and we, Podear, certify that Apple has no obligation to provide maintenance and support services for the app.

8.4 Product Claims

You hereby agree that Podear, not Apple, is responsible for handling any claim you may make regarding the App or your possession or use of the App, including but not limited to (i) product liability claims; (ii) claims that the App does not comply with an applicable legal or regulatory requirement; and (iii) claims arising under consumer protection regulations or similar regulations.

8.5 Intellectual Property Rights

You hereby agree that in the event that a third party alleges that the App or your possession or use of the App infringes their intellectual property rights, we, the User and Podear, and not Apple, shall be solely responsible for investigating, defending, and resolving this intellectual property infringement and ensuring a release from liability.

8.6 Legal Compliance

You hereby represent and warrant that you are not in a country (i) that is subject to an embargo by the U.S. Government or is designated by the U.S. Government as a “state sponsor of terrorism,” and (ii) that you are not on any of the U.S. Government’s lists of denied or restricted parties.

8.7 Third Party Beneficiaries

When you agree that Apple and its subsidiaries are the third-party beneficiaries of the Application End-User License Agreement and agree to the terms and conditions of this Application End-User License Agreement, you will be deemed to have acknowledged and agreed that as a third-party beneficiary, Apple shall be entitled to enforce this Application End-User License Agreement against you.

8.8 Terms of Third-Party Agreements

By downloading the app on Google Play https://play.google.com/store?hl=tr, Android users agree to the Google Play Terms of Service https://play.google.com/intl/tr_tr/about/play-terms/index.html and the Google Play Business Policies. If you download the app from another online store for software applications running on devices powered by the Android operating system, you certify that you have read and agree to the terms of service applicable to that market.

9. Entry of Personal Data and Responsibility

In this app, personal data and special category data refer to any data that relates to you or one of your family members or that relates to somebody else but is entered by you. Only the consent of the application user shall be sought for the collection of any data entered by the application user relating to other individuals, such as family members, minors, divorced spouses, children of whom they do not have custody, or non-family members, and the responsibility for notifying these individuals and obtaining their consent, if necessary, shall lie with the user. The Application User shall be liable for any notice, objection, lawsuit, or other legal sanction by persons whose personal data is entered without their knowledge and consent. Podear cannot be held liable for such notices, objections, lawsuits, or sanctions.

10. General Rules

Links in the Poddy app may direct you to another address/channel or outside the Podear network. Podear assumes no liability for the content, accuracy, or function of such channels. Podear cannot be held liable for any change in the channels the links to which it provides. Podear or any other third party involved in creating, producing, and delivering such channels cannot be held liable for any direct, consequential, incidental, collateral, or punitive damage or loss that may arise from accessing to the said channel or using the website. At Podear, all the content is provided as is. Podear or any of its partners does not warrant that any information or document containing audio, image, or text in this app is fit for a purpose, suitable for everyone, or useful to every user. Podear cannot be held responsible for inaccuracies or typographical errors. Podear is a superapp that serves many purposes, such as content creation, listening, or social sharing. The users of the app make decisions of their own free will, and Podear cannot be held liable for any misapplication, decision, loss, or damage.

Poddy is provided for informational purposes only. Users agree in advance that no information or content in Poddy provides medical advice or diagnostic services or substitutes for any health institution or medical advice, and that they should contact medical institutions for medical advice. Poddy users also agree that the information contained in the app may vary depending on many external and distinctive factors, such as age, language, ethnicity, gender, health status, and geographical factors.

Podear or its partners cannot be held liable for any damage to your device’s hardware or your other assets or any malware infection that may be caused by your access to or use of this app or your downloading of any information or document containing audio, image, or text.

The unrestricted right to use any content you transmit/send to Poddy through the app or electronically (including any comments, audio recordings, suggestions, ideas, graphics, photos, etc.) shall be transferred exclusively to Podear and its partners without any payment to you or any other person. Furthermore, we are not obliged to keep such information confidential. Podear or its partners cannot be held responsible for the access of persons under the age of 18 to the app, their browsing of the app, or their entry of data into the app without the consent/permission of their parents, legal guardians, custodians, or legal representatives. Podear assumes no responsibility for any damage that may be caused by the use of the personal data of Poddy users under the terms stated above. The security of messages cannot be guaranteed in email communications, unless the message is encrypted, and Poddy cannot be held responsible for the security of any email to be sent. Poddy users may publish their views on the app and the content of the app on other platforms. The responsibility for ensuring that the views shared, and the content created by users comply with general ethical and moral rules of the society and do not constitute any violation or discrimination or cause any problems to the app, brand, or Company lies with the user. Users agree that they will comply with these rules and that Podear cannot be held responsible for this matter. The users of the Poddy app agree and warrant that they have obtained the consent of the relevant data subjects for the use of the personal and private information and/or content contained in their content, and that they shall not use any content or information that infringes the personal rights, privacy, or broadcasting rights of another person or that is protected under intellectual and industrial property rights, including other property rights, in the app without the prior written consent of its owner or right holder.

Podear users may not transmit any content that is illegal, threatening, disturbing, insulting, libelous, defamatory, vulgar, pornographic, or abusive, promotes violence or terrorism, contains profanity, disrupts public order or morality, or violates the privacy, personal rights, or other rights of individuals and/or organizations, including any content that constitutes a criminal offense, leads to legal proceedings, or violates or incites the violation of national or international law, through the Poddy app or other channels of Podear; may not create such content in the app; and may not upload/publish any message or content that disturbs subscribers in any way in public areas or private messaging areas. In the event that Podear unwittingly publishes any content that is illegal or violates the rights of third parties, it will assume no responsibility for any consequence that may arise from such content. Podear reserves the right to edit or refuse to publish any information or material that is threatening, defamatory, pornographic, disturbing, or immoral, constitutes or incites a criminal offense, or contains insult, profanity, or gender or racial discrimination in the Poddy app and on its other channels, to remove such information or material from publication, or to suspend and/or terminate the subscription of users who commit such acts. The users of Podear’s app or channels may not transmit any content, software, or material that contains virus, malware, tracking software, or spyware through the channels they use. The users of Podear’s app or channels shall avoid unfair competition or taking unfair advantage of one’s reputation. They may not copy any content from the channels they use in any way.

The users of Podear’s app or channels may not prevent any other user from using these channels at all or as they wish. The use of the app or other channels of the app as a channel to directly or indirectly advertise other commercial goods or services is prohibited.

The information note, our cookie policy, the express consent form, and the Application End-User License Agreement are important documents where we describe how we use your data. Users should take the time to read these documents in order not to face any undesirable situation in the future.

You hereby certify that we have no control over other users’ manner of using the App and therefore over the quality of the information published in this service. Therefore, we do not represent or warrant that any content provided through the App or service is accurate or reliable.

Depending on the privacy settings in your App, we may send push notifications to your device, including while the App is being installed or is in the foreground or background. We may also present surveys to you through the App.

11. Intellectual and Industrial Property Rights

The titles and spots of the content published through Podear’s channels may be used on the websites of users or on Internet forums by including a reference to the source, and links to this content may be provided on such platforms. The services of this channel, including any code and software, are protected under the legislation on Intellectual and Industrial Property Rights. Podear users agree, represent, and warrant that they have granted Podear a transferable license to exercise any of their property rights over any audio, text, photo, video, software, information, audiovisual material, or other applications they upload to the app, except for the personal data relating to themselves or their children, and/or their manipulations, if they are processed, audio recordings, and/or compositions or versions, as well as any representation derived from and/or related to these (hereinafter referred to as “Content”); their royalty rights as the owner of the work under the Law No. 5846 on Intellectual and Artistic Works, including the right to reproduce, disseminate, process, represent, and make available to the public by means of signal, audio, and/or video transmission; and/or their related rights as a performer and/or producer; their all other intellectual and industrial property rights, including the right to determine the form, time, and place for making the work available to the public, to alter the work, and to register and produce the design, as well as other rights over the design or the trademark; on any channel, platform, product, or material or at any event (radio; TV; Internet; cinema; direct marketing activities; press conferences; print and visual media; electronic or digital environments, including WAP, kiosk, mobile phones, telephone exchange; IVR music; ringtones, etc.) to be determined by Podear by any means, including but not limited to any Value-Added Service (cell broadcast, WAP/GPRS, Mobile music, mobile video, ringback music, Mobile TV, Video streaming, and all other song download services, and/or any next-generation mobile technology to be developed after this date), media, satellite, cable, and other digital, wired, or wireless devices, in Türkiye and abroad without any limitation of time or channel; and that they consent to the publication of the said Content and/or its availability for viewing/watching by the third parties to be selected by them, and to the recording/processing of the said content and any system log related to this content (uploading the content to the system, removing it from publication, etc.) and their disclosure to technology infrastructure providers by Podear’s channels without prior consent.

Podear users agree and warrant that they are the full and sole holder of all property rights over the said content and any Intellectual or Industrial property contained in the content; all the royalty rights, including the right to reproduce, disseminate, process, represent, and make available to the public by means of signal, audio, and/or video transmission; all the related rights held as a producer and/or performer; and all the personal rights of the owners of any image/audio/content; that they obtained an unrestricted, transferable, written, and indefinite license from sub-workers, related owners or right holders, or the professional associations with which they are affiliated in accordance with the conditions of validity set out in Articles 48 and 52 of the Law on Intellectual and Artistic Works to use the content on any product, platform, material, or channel or at any event, including those stated above, in Türkiye and abroad; that they have obtained the necessary consents; that they are right holders; that they shall be responsible for paying the necessary fees to Professional Associations for these works; that they hold these rights; that they have the capacity and legal power to license these rights; and that no third party, directly or indirectly, holds any encumbrance, royalty right, moral, or commercial right whatsoever over these rights. Since Podear may make changes to its privacy policies, we advise that you regularly check the Terms of Service. Those who use the App, our Services, and Podear’s channels shall be deemed to have read and agreed to all of these terms. Podear reserves the right to make changes to the clauses above without prior notice.

12. Other Terms

12.1 All the intellectual property rights over the App are held by Podear and/or our licensors.

Podear and/or our licensors are the owners of the content of the App, including all the music samples, texts, software, scripts, codes, designs, graphics, photos, audio files, music files, videos, apps, interactive features, and all other content (“Content”), and the holders of all the intellectual property rights over the content of the App. All rights are reserved.
The App or any Content is sold to users, but a personal, restricted, worldwide, and revocable license is granted to users for personal, non-commercial entertainment purposes.
Any link to other websites or apps provided in the App is provided for information and convenience only. Podear cannot be held responsible for the content or performance of any linked website or app, and users shall be responsible for checking the terms of service of the linked website or app
The App may offer you some functions that require your user Data to be disclosed to third-party services, such as Google+, Instagram, Twitter, or Facebook. Users shall be responsible for ensuring that they comply with the terms and conditions of such third-party platforms while disclosing their data. You should consider the type of Data you wish to disclose, as it is not always possible to permanently remove the images or other information disclosed, due to the nature of the Internet.
You hereby certify that to the extent that the App allows you to upload any text, image, data, or other information (“Data”), we may copy, store, adapt, and change this Data in order to make the App and data available to you as a user.
Unless you expressly consent to the disclosure of your Data to users, such as your friends or family members, we do not disclose any Data you upload, to any other user of the App. We use your Data in accordance with our Privacy Policy, set out in this Application End-User License Agreement.
You hereby confirm that your Data shall not violate the intellectual property rights or privacy of any third party or defame any person. You hereby agree that you shall indemnify us for any loss we may incur due to any third-party claim caused by your breach of this confirmation.
You hereby agree that you shall not use the App for commercial purposes or for the purpose of posting any disparaging or disturbing material or any material that we find objectionable for any other reason.
Once you delete your account, your Data shall remain on our servers for a limited time due to our back-up system.
As Podear, we may offer additional in-app content (“Additional Content”) or upgrades for you to purchase, download, install, or use in the App. We grant you a non-exclusive, personal, revocable, and non-transferable license to use the Additional Content you purchase in the App.
When you purchase any Additional Content in the app, the purchase will be completed either a) through the platform from which you initially purchased the app, i.e., Google Play or Apple App Store, or b) through the channels through which the Podear app is purchased, depending on the type of service you have purchased.
You hereby agree that you shall comply with the terms, conditions, and policies of these intermediary companies regarding the purchase notified to you, as notified.
While purchasing such Additional Content (for instance, to upgrade the App to remove advertisements, or for additional content), you will have the opportunity to confirm the purchase of this Additional Content immediately or as soon as possible, and by taking advantage of this opportunity, you certify that as soon as the Additional Content becomes available, you will forfeit the right to change your mind, cancel the purchase, or receive a refund, as stated below. No digital content can be returned in any way once it is made available.
As set forth in our Privacy Policy, Apple’s own privacy policy at www.apple.com/uk/privacy, and Google’s own privacy policy at https://www.google.com/intl/en/policies/privacy/, the details on the use of cookies and similar software are set out in the terms of service and/or policies of these third-party advertisers or service providers.
You can delete cookies and similar software on your device by uninstalling the App.
The App was developed to run on the latest version of iOS and Android available at the time of its release. Apple or Google may update iOS or Android from time to time (if applicable), and we will endeavor to update the App to maintain its functionality and performance when iOS or Android is updated, despite not being obliged to do so. You shall be obliged to use the latest public version of iOS or Android.
If you are an iOS User: You can give us permission to access the Apple Health App on your device, including Apple’s Health App Database in that app, in order to improve and/or verify the data processed in our App. In our Privacy Policy, we have set out the details of the personal data accessed by our App and the manner of accessing such data. You can turn off access on the permissions page of the Health App on your device.
Please note that in the event that in-app banner advertisements are displayed in the App, we shall not be responsible for the selection of advertisements, as all advertisements are managed by Apple, Google, Facebook Analytics, or any other advertisement provider.
As with advertisements in apps and on websites, advertisements may store cookies or similar software on your iOS or Android device. We have no control over this procedure; however, please note that the details on the use of cookies and similar software are set out in our Privacy Policy, Google’s own privacy policy at https://www.google.com/intl/en/policies/privacy/, Apple’s own privacy policy at www.apple.com/uk/privacy, and Facebook’s own privacy policy at https://www.facebook.com/about/privacy/.
You can delete cookies and similar software on your device by uninstalling the App. If you are an iOS user, you can visit https://support.apple.com/en-gb/HT202074 to turn off personalized ads. If you do not wish Facebook to use your data to show ads based on your interests, you can opt out of such ads (If you are in Europe: https://www.youronlinechoices.eu/; if you are elsewhere: https://www.aboutads.info/choices/ or https://youradchoices.ca/).
We may send ads from our third-party sponsors/partners in the App from time to time based on data on your use of the app (such ads target a specific group selected based on aggregated user data and do not disclose the identity of identifiable individuals). We choose these ads as we consider them to be relevant to you. Such ads cannot be removed or turned off as they are part of the business model for releasing the App.
You hereby agree that you shall indemnify us for and defend us and hold us harmless from any claim, damage, cost, loss, or liability caused by or related to your use of the App or caused by your violation or suspected violation of this Application End-User License Agreement or any law or the rights of any third party.
This Application End-User License Agreement shall take effect when you download the App, install it by entering the code sent, and/or use it, and shall remain in effect until terminated by you or us. You can terminate this Application End-User License Agreement at any time by uninstalling the App on the device on which you installed it. If you fail to comply with any term or condition in this Application End-User License Agreement, the Application End-User License Agreement will be terminated automatically. Upon termination, you will be required to cease all use of the App and delete all the copies of the App. Please note that in the event that you delete the App and terminate the Application End-User License Agreement, you shall still be required to submit a request to prevent the use of any of your data that you do not wish to be used, under the Law on Personal Data Protection, as stated in the Information Note and Express Consent Form.
As Podear, we reserve the right to change, suspend, or terminate the use of the App and its related services with or without notice. Podear cannot be held responsible for any such change or termination.
The following articles of the Application End-User License Agreement shall remain in effect after termination: Property, Indemnity/Compensation, Term and Termination, General Terms, Limitation of Liability, Severability, and Jurisdiction.
This App is provided “as is.” However, if you need any help or support, please send an email to [email protected], and we will try to help you.
This Application End-User License Agreement constitutes the entire and sole agreement and contract between the User and Podear, and may only be modified and waived by us in writing. Our acknowledgment of your incapacity to comply with the Application End-User License Agreement shall not guarantee any prior or subsequent acknowledgment of incapacity. In the event that any of the articles of this Application End-User License Agreement becomes invalid or unenforceable, the remaining articles shall remain in full force.
This Application End-User License Agreement is exclusive to you as a user. You may not license, sub-license, transfer, or sell the rights licensed under this agreement.
You can only use the App for the monetization purpose deemed appropriate by Podear, if you are a personal, original, and authorized content creator and the content you publish is purchased, or users support/donates to your content, or in similar ways. Except where such rights cannot be excluded under law, users may not reproduce, distribute, publicly display or play, translate, modify, adapt, deconstruct, reverse engineer, decompile, disassemble, or prepare derivative works based on the app or any of its parts, including but not limited to any characters, graphics, relevant software, or proprietary communication protocol used by the software, or any utility, application, emulator, or tool derived from them,
You hereby agree that you shall not access or attempt to access the accounts of other users; infiltrate or attempt to infiltrate the security measures in the App; or transfer files containing viruses, Trojan horses, or other malware.

13. Our Limitations of Liability

13.1 The App is provided “as is” and “as available” without representation, endorsement, or warranty of any kind, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and/or accuracy.
13.2 We do not warrant (i) that the app will be free from errors, viruses, bugs, or other defects, (ii) that the app or any information displayed or disseminated through the app or on the documentation will be accurate or complete, or (iii) that any defect in the app will be corrected. You hereby certify that any reliance on such information is at your own risk.
13.3 Nothing in this AEULA shall not exclude or limit our liability for any misrepresentation, death, or personal injury caused by us, or the fault of our Company, employees, or agents.
13.4 To the maximum extent permitted by law, including in our local jurisdiction, we exclude all other liability for any damage or loss, including any liability or damage to any device or computer system.
13.5 This Application End-User License Agreement shall not limit your legal consumer rights that cannot be waived as a matter of law.
13.6 To the extent we cannot exclude all liability and to the extent permitted by law, our total liability to you shall be limited to the purchase price of the App and the cost of any in-app purchases.
13.7 In the event that Apple or Google gives you a refund under the applicable terms of sale of their app store, neither Google nor Apple shall have any other warranty liability for any other claim, loss, liability, damage, cost, or expense caused by our App or a failure to fulfill the warranty above. As a refund condition, you need to delete the App.

14. Changes to the Application End-User License Agreement

We may change this Application End-User License Agreement for legal, regulatory, or security reasons, for the purpose of complying with any change that Google and Apple may require, or for any other reason to be determined by us. We will notify you of any change, and you will need to agree to the change to continue to use the App.

15. Jailbroken Devices

This App is not intended for use on devices powered by an operating system that no longer meets the default standard (“Jailbroken Devices”). You hereby agree that you shall not attempt to install or use the App on any Jailbroken Device. Any attempt to install or use the App on a Jailbroken Device will violate this Application End-User License Agreement and may result in the termination of the account at our sole discretion, without refund. We cannot be held responsible for any damage caused by use on jailbroken devices.

16. Severability

In the event that any of the articles in this Application End-User License Agreement is deemed invalid or unenforceable by a court or regulatory authority, other articles shall remain in effect.

17. Governing Law and Jurisdiction

Subject to your local consumer laws, any dispute arising between you and us in connection with this Application End-User License Agreement and/or your use of the App shall be resolved under the laws of England, unless the public policy of your country of residence requires otherwise. You hereby certify that in the event that we are unable to resolve any dispute between you and us, the relevant court or arbitration proceedings shall be held in England under the laws of England.

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