Terms of Service

IMPORTANT — PLEASE READ THESE TERMS CAREFULLY BEFORE USING OVERHEARD. BY ACCESSING OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE APPLICATION. 1. ACCEPTANCE OF TERMS AND ELIGIBILITY 1.1. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and overheard ("Company," "we," "us," or "our"), governing your access to and use of the overheard mobile application, website, and all related services (collectively, the "Service"). 1.2. By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or rules referenced herein. 1.3. You must be at least 16 years of age (or the minimum age of digital consent in your jurisdiction, whichever is higher) to use the Service. By using the Service, you represent and warrant that you meet this requirement. Users between 16 and 18 must have parental or legal guardian consent. 1.4. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms. 2. ACCOUNT REGISTRATION AND SECURITY 2.1. You must provide accurate, current, and complete information during registration and keep your account information updated at all times. 2.2. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. 2.3. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to protect your account credentials. 2.4. You may not create multiple accounts, use another person's account, transfer your account to anyone else, or sell, trade, or share access to your account. 2.5. We reserve the right to reclaim, suspend, or reassign usernames at our discretion, including usernames that are inactive, misleading, or infringe on third-party rights. 3. USER CONDUCT AND PROHIBITED ACTIVITIES 3.1. You agree not to use the Service to: a) Post, upload, or share content that is defamatory, obscene, pornographic, abusive, threatening, harassing, hateful, discriminatory, or otherwise objectionable; b) Harass, stalk, intimidate, bully, or threaten any person, or promote violence against any individual or group; c) Impersonate any person, entity, or falsely state or misrepresent your affiliation with any person or entity; d) Post false, misleading, or deceptive content, including misinformation or fraudulent schemes; e) Engage in spam, unsolicited commercial communications, chain letters, or pyramid schemes; f) Attempt to gain unauthorized access to other user accounts, computer systems, or networks connected to the Service; g) Upload viruses, malware, or any malicious code, or interfere with the security, integrity, or performance of the Service; h) Scrape, crawl, harvest, or use automated means to access the Service or collect user data without express written permission; i) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service; j) Use the Service for any illegal purpose or in violation of any applicable local, national, or international law or regulation; k) Facilitate or encourage any of the foregoing activities. 3.2. We reserve the right, but are not obligated, to monitor, review, or remove any content at our sole discretion, without notice. 4. USER-GENERATED CONTENT 4.1. You retain all ownership rights in the content you create and post on the Service ("User Content"). However, by posting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and the Company's business, including for promotional and redistributive purposes, in any media format and through any media channel now known or hereafter developed. 4.2. You represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to grant the above license; and (b) your User Content does not infringe, violate, or misappropriate any third-party intellectual property, privacy, publicity, or other rights. 4.3. You understand that the Company does not guarantee the accuracy, integrity, or quality of any User Content. You agree that you must evaluate and bear all risks associated with the use or reliance on any User Content. 4.4. We may remove or refuse to display User Content that we reasonably believe violates these Terms, applicable law, or our policies, without prior notice or liability to you. 5. INTELLECTUAL PROPERTY 5.1. The Service, including its design, features, functionality, code, graphics, logos, trademarks, and all other proprietary materials (collectively, "Company Content"), is owned by or licensed to the Company and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. 5.2. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Company Content without our express written permission. 5.3. All trademarks, service marks, and trade names used in the Service are the property of their respective owners. No license or right is granted to you by implication or otherwise to use any trademark. 6. PRIVACY AND DATA PROTECTION 6.1. Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. 6.2. You acknowledge that the Service may process personal data, including location data, in accordance with applicable data protection laws including but not limited to the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Turkish Personal Data Protection Law (KVKK, Law No. 6698), and other applicable privacy regulations. 7. THIRD-PARTY SERVICES AND LINKS 7.1. The Service may contain links to or integrations with third-party websites, applications, or services. We do not control, endorse, or assume responsibility for any third-party content, products, or services. 7.2. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties. 8. DISCLAIMER OF WARRANTIES 8.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, 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, OR COURSE OF DEALING. 8.2. WE DO NOT WARRANT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (c) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (d) THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (e) THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. 8.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 8.4. WE DO NOT ENDORSE, VERIFY, OR GUARANTEE THE IDENTITY, BACKGROUND, OR CONDUCT OF ANY USER. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. 9. LIMITATION OF LIABILITY 9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9.2. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (a) THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (b) ONE HUNDRED US DOLLARS (USD 100.00). 9.3. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 10. INDEMNIFICATION 10.1. You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your violation of any third-party right, including intellectual property, privacy, or publicity rights; or (f) any dispute between you and another user. 10.2. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of any such claim. 11. TERMINATION 11.1. We may suspend, disable, or terminate your account and access to the Service at any time, with or without cause, and with or without notice, at our sole discretion, including for violation of these Terms. 11.2. You may terminate your account at any time by using the in-app account deletion feature or by contacting us. Upon termination, your right to use the Service ceases immediately. 11.3. Upon termination: (a) all licenses granted to you under these Terms will immediately cease; (b) you must immediately stop using the Service; (c) we may delete your account data in accordance with our Privacy Policy and applicable law. 11.4. Sections 4 (Content License), 5 (Intellectual Property), 8 (Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), 13 (Governing Law), and 14 (Dispute Resolution) shall survive termination of these Terms. 12. MODIFICATIONS TO TERMS AND SERVICE 12.1. We reserve the right to modify, update, or discontinue the Service (or any part thereof) at any time, with or without notice, and without liability to you. 12.2. We may revise these Terms at any time by posting the updated version within the app. Material changes will be communicated through in-app notification, push notification, or email. Your continued use of the Service after any changes constitutes acceptance of the revised Terms. 12.3. If you do not agree to the revised Terms, you must stop using the Service and delete your account. 13. GOVERNING LAW 13.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law provisions. 13.2. For users in the European Union, nothing in these Terms affects your rights as a consumer under the mandatory consumer protection laws of your country of residence. 13.3. For users in the United States, to the extent federal law applies, US federal law shall govern. 14. DISPUTE RESOLUTION 14.1. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be submitted to good-faith mediation. If the dispute is not resolved within thirty (30) days from initiation of mediation, it shall be submitted to the exclusive jurisdiction of the courts of Istanbul, Republic of Turkey. 14.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS AGAINST THE COMPANY MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. 14.3. Any claim arising from the use of the Service must be filed within one (1) year after the cause of action accrues, or it shall be permanently barred. 14.4. For EU users: You may also file a complaint with your local consumer protection authority or use the European Commission's Online Dispute Resolution platform. 15. FORCE MAJEURE 15.1. We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of governmental authorities, pandemics, epidemics, fire, flood, earthquake, power outage, telecommunications failure, or cyberattack. 16. GENERAL PROVISIONS 16.1. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements. 16.2. Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. 16.3. Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 16.4. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction. 16.5. No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights. 16.6. Notices: We may send you notices via email, push notification, or by posting within the Service. Notices are deemed received upon sending. 17. CONTACT INFORMATION For questions about these Terms, please contact us through the Feedback form in the overheard app (Feedback tab). Messages are reviewed by our team. General information: https://overheard.xyz/support.html Website: https://overheard.xyz