Terms of UsePrivacy PolicyBy Siviş

ExitTime Terms of Use

End User Licence Agreement

Effective date: 28 September 2026

Version: 1.0

1. Introduction and Acceptance

1.1 These Terms of Use, together with any Additional Terms (as defined in section 1.5) (the "Terms"), form a legally binding agreement between you and BY SİVİŞ BİLİŞİM TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ ("By Siviş", "we", "us" or "our"). They govern your download, installation, access to and use of the ExitTime mobile application and the Service in every country in which the App is made available.

1.2 These Terms constitute the end user licence agreement for the App as distributed through the Apple App Store and Google Play.

1.3 You accept these Terms by downloading, installing, accessing or using the App, or by purchasing a Subscription. If you do not accept these Terms, you must not download, install, access or use the App.

1.4 Our Privacy Policy explains how we collect and use personal data in connection with the Service. The Privacy Policy is a separate notice and does not form part of these Terms.

1.5 Particular features, offers or promotions may be subject to additional terms presented to you in the App before you use them ("Additional Terms"). If there is a conflict between these Terms and any Additional Terms, the Additional Terms prevail in relation to the relevant feature, offer or promotion.

1.6 Section 25 contains terms that apply to users in particular countries or regions. If there is a conflict between section 25 and any other provision of these Terms, section 25 prevails for users in the relevant country or region.

1.7 The current version of these Terms is available at all times in the App and on our website. You may save or print a copy for your records.

2. Definitions and Interpretation

2.1 In these Terms, the following definitions apply:

"App" means the ExitTime mobile software application for iOS and Android, including all updates, upgrades and related documentation.

"App Identifier" means the random identifier generated by the App when it is first opened, which is used to associate your Plans, settings and Subscription status with your installation of the App.

"App Store" means the Apple App Store or Google Play, as applicable, and "App Store Provider" means Apple Inc. or Google LLC (or their relevant affiliates), as applicable.

"Applicable Law" means all laws and regulations applicable to you, to us or to the Service, including mandatory consumer protection and data protection laws of the country in which you reside.

"Consumer" means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.

"Device" means any smartphone, tablet or other device on which you install or use the App.

"ExitTime Free" or "Free Tier" means the features of the Service made available without charge.

"ExitTime Pro" or "Pro" means the features of the Service made available to users with an active Subscription.

"Intellectual Property Rights" means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered, and all similar or equivalent rights anywhere in the world.

"Leave Time" means the recommended departure time estimated by the Service for a Plan.

"Plan" means a set of journey details that you save in the App, which may include a destination, a required arrival time, a starting point, a travel mode, preparation or buffer time, reminder settings and a recurrence schedule.

"Privacy Policy" means the ExitTime Privacy Policy, as updated from time to time.

"Service" means the App and all features, functionality, calculations, notifications, content and support that we make available through or in connection with the App.

"Subscription" means a paid, automatically renewing subscription to Pro, and "Subscription Period" means the billing period of a Subscription.

"Third-Party Data" means map, address, place, geocoding, traffic, journey-time, public transport and other data or content supplied by third parties and used in or displayed by the Service.

"Trial" means a free trial or a discounted introductory offer for Pro.

"Your Content" has the meaning given in section 14.1.

"you" and "your" refer to the individual who uses the App.

2.2 In these Terms: (a) headings do not affect interpretation; (b) the words "including", "include" and "for example" are illustrative and do not limit the words that precede them; (c) a reference to legislation includes that legislation as amended, extended, re-enacted or replaced from time to time; (d) "writing" includes email and notices displayed in the App; and (e) the singular includes the plural and vice versa.

3. About Us

3.1 The Service is provided by BY SİVİŞ BİLİŞİM TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ, a limited liability company incorporated in the Republic of Türkiye, whose registered office is at Tomtom Mah. İstiklal Cad. Turhol Han No: 189 İç Kapı No: 7, Beyoğlu, İstanbul, Türkiye.

3.2 You can contact us by email at support@bysivis.com. Our website is https://bysivis.com/. All questions, complaints, requests and legal notices relating to the Service, from users in any country, should be addressed to us directly using these contact details.

3.3 We may communicate with you through in-App messages and notifications, or by email where you have contacted us by email. Notices and other communications that we provide electronically satisfy any legal requirement for such communications to be in writing.

4. Eligibility

4.1 The Service is intended only for individuals who are at least 18 years old or the age of majority in their country of residence, whichever is higher. You must not use the App if you do not meet this requirement.

4.2 By using the App, you represent that: (a) you meet the age requirement in section 4.1; (b) you have the legal capacity to enter into these Terms; (c) you are not prohibited from receiving the Service under Applicable Law; and (d) you are not the subject of, and are not acting on behalf of any person who is the subject of, sanctions administered by the United Nations, the European Union, the United Kingdom, the United States or any other competent authority.

4.3 The Service is provided for personal, non-commercial use only.

4.4 We may refuse, suspend or end access to the Service where we reasonably believe that the requirements of this section 4 are not met.

5. The Service

5.1 Nature of the Service. ExitTime is a journey planning tool. It allows you to create Plans by entering where you need to be, the time by which you need to arrive and how you intend to travel. The Service estimates a Leave Time for each Plan, may update that estimate before your departure where the relevant feature is available, and can send you a reminder when it is time to leave.

5.2 Estimates only. Leave Times, journey times and arrival times are estimates generated automatically by our systems using the information you provide, the location of your Device (where you have granted permission) and Third-Party Data available at the time of calculation. They are provided for planning purposes only. We do not guarantee that you will arrive at any particular time, or that any Leave Time will be accurate, complete, up to date or delivered at a particular time.

5.3 Factors outside our control. Actual journey times are affected by factors outside our control, including traffic volumes, incidents, road works and closures, weather, public transport delays, cancellations, diversions and timetable changes, parking availability, the time you need to get ready, your vehicle or mode of transport, the route you take, your speed of travel, your Device settings, network connectivity, time zone changes and changes to or from daylight saving time.

5.4 No navigation. The Service is not a navigation or route guidance service. It does not provide turn-by-turn directions or maps for navigation. Any travel mode or route information shown in the App is used solely to estimate timing. You must use an appropriate navigation service, road signs and official travel information to find your way.

5.5 Third-Party Data. The Service relies on Third-Party Data that we do not create or control and cannot verify in real time. Third-Party Data may be incomplete, inaccurate or delayed. We are not affiliated with, and do not act on behalf of, any transport operator, road authority or map provider.

5.6 Your judgement. The Service is designed to support, not replace, your own judgement. You remain solely responsible for planning your journey, allowing sufficient additional time, checking official information from transport operators, airlines, road authorities and other relevant sources, and deciding when to leave. For time-critical journeys, including flights, rail journeys, examinations, interviews, medical appointments, court hearings and any appointment with a fixed deadline, you should allow a generous safety margin and should not rely on the Service as your sole source of information.

5.7 No emergency use. The Service is not an emergency service and must not be relied upon in an emergency or for any safety-critical purpose. In an emergency, contact your local emergency services.

5.8 Availability by country. The Service is available only in the countries in which the App is distributed through the App Stores. Features, and the coverage and quality of Third-Party Data, may vary by country, and some features may be unavailable in certain locations.

5.9 Pre-release features. We may make certain features available on a trial, preview or beta basis. Such features may be changed or withdrawn at any time and may be less reliable than other features of the Service.

6. Safety and Responsible Use

6.1 You must not read, create, edit or otherwise interact with the App while driving, cycling, riding or operating any vehicle. Plans should be set up before you begin your journey, or by a passenger.

6.2 In many countries, including the United Kingdom, it is an offence to hold and use a mobile phone while driving. You must comply at all times with Applicable Law, traffic rules, road signs and signals, and instructions given by the police and transport staff.

6.3 You must not exceed speed limits, take risks or travel in an unsafe manner in order to meet a Leave Time or an estimated arrival time.

6.4 Notifications may be delivered while you are travelling. You must not view or respond to them while driving. We recommend that you use your Device's driving focus or do-not-disturb features.

6.5 You are responsible for remaining aware of your surroundings when using the App on foot or on public transport.

7. Device Permissions, Notifications and Technical Requirements

7.1 Permissions. The App requests access to Device features only when they are needed for the related functionality, for example when you create your first Plan. These may include access to your location and permission to send notifications. Where a feature requires access to location in the background, the App explains this before requesting it. You may grant, refuse or withdraw any permission at any time in your Device settings.

7.2 Effect of refusing permissions. If you refuse or withdraw a permission, the related functionality may be limited or unavailable. Without location access, you must enter a starting point manually; without background location access, the App cannot tell whether you have already left and will not send the reminder for that case; and without notification permission, the App cannot send reminders.

7.3 Notifications. If you allow notifications, the App sends reminders when it is time to leave, notifications relating to your Plans and your Subscription, replies to messages you send through the in-App support channel, and occasional information about features and offers of the Service. Where your Device supports it, leave reminders may be delivered as time-sensitive notifications. You can manage or disable notifications at any time in your Device settings.

7.4 Delivery of notifications. The delivery and timing of notifications depend on factors outside our control, including your Device's operating system, network availability, battery-saving and power management settings, Focus and do-not-disturb settings, background refresh settings, and whether the App has been closed or restricted on your Device. Notifications may be delayed or may not be delivered. The Service must not be used as your sole alarm or reminder.

7.5 Recommended settings. For the Service to operate as intended, you should: (a) set your Device's date, time and time zone to update automatically; (b) allow precise location if you want Leave Times to be calculated from your current position; (c) allow notifications; (d) on Android, exclude the App from battery optimisation where your Device requires it; and (e) install updates to the App and to your Device's operating system.

7.6 Compatibility. The minimum operating system and Device requirements are stated on the App's App Store listing. We may stop supporting older versions of the App or of Device operating systems.

7.7 Data charges. You are responsible for all internet, data and mobile network charges incurred in using the Service.

8. Anonymous Use and Your Data

8.1 No registration. The App is designed to be used anonymously. You are not required to create an account or to provide your name, email address, telephone number or any other contact details in order to use the App.

8.2 App Identifier. When you first open the App, it generates an App Identifier. Your Plans, settings and Subscription status are associated with that App Identifier and not with your name or other contact details.

8.3 Loss of data. Because the App does not use accounts, your Plans and settings may not be recoverable if you delete the App or change or reset your Device. An active Subscription can be restored in accordance with section 10.10.

8.4 Device security. You are responsible for the security of your Device and for any use of the App on your Device.

8.5 Deletion. You may delete individual Plans, or all data associated with your App Identifier, at any time within the App, or by contacting us as described in the Privacy Policy. Deleting your data or the App does not cancel a Subscription (see section 11).

9. ExitTime Free and ExitTime Pro

9.1 Free Tier. ExitTime Free provides access to the core features of the Service without charge, subject to the usage limits displayed in the App, such as a limit on the number of active Plans.

9.2 Pro. ExitTime Pro provides access to additional features and higher usage limits. The features included in Pro, the price, the Subscription Period and the terms of any Trial are displayed on the subscription screen before you confirm a purchase.

9.3 Subscription offers. Subscription offers may be displayed in the App, including at the end of onboarding, when you reach a Free Tier limit (for example, when you attempt to add a Plan beyond that limit) and when you select an upgrade option. Viewing or closing a subscription screen creates no obligation. No purchase is made until you confirm it through the App Store's payment confirmation, such as Face ID, Touch ID, your Device passcode or Google Play purchase confirmation.

9.4 Changes to features. We may improve, add, modify or remove features of the Free Tier and of Pro. We will not materially reduce the principal features of Pro during a Subscription Period for which you have already paid, unless the change is required by Applicable Law, is necessary to address a security risk, or results from a change by a third-party provider that we cannot reasonably avoid. In that case we will notify you in the App, and you may cancel your Subscription and request a refund for the unused part of the Subscription Period from the App Store Provider in accordance with section 11.4.

10. Subscriptions and Billing

10.1 Purchase through App Stores. Subscriptions are purchased as in-app purchases through your App Store account. The relevant App Store Provider processes your payment, and its terms and conditions apply to the payment transaction. We do not receive your payment card details, and we do not use transaction information to identify you.

10.2 Price and taxes. Prices are displayed in the local currency of your App Store account. Applicable sales taxes, such as value added tax or goods and services tax, are calculated and collected by the App Store Provider in accordance with the law of your country. Depending on your country, taxes are either included in the displayed price or added at checkout.

10.3 Automatic renewal. Each Subscription renews automatically at the end of each Subscription Period for a further Subscription Period of the same length, at the price applicable at the time of renewal, unless it is cancelled before the renewal date. For purchases through the Apple App Store, a Subscription must be cancelled at least 24 hours before the end of the current Subscription Period, and your Apple account will be charged for renewal within the 24 hours before the end of the current Subscription Period. For purchases through Google Play, a Subscription may be cancelled at any time before the renewal date.

10.4 Trials. Where a Trial is offered, its duration, the price payable during the Trial (if any) and the price payable after it ends are displayed before you start it. Unless you cancel before the Trial ends (for Apple App Store purchases, at least 24 hours before it ends), the Trial will automatically convert into a paid Subscription at the standard price displayed to you. Eligibility for Trials is determined by us and the App Store Provider and is ordinarily limited to one Trial per person. Cancelling during a Trial may end access to Pro immediately or at the end of the Trial, depending on the App Store's rules.

10.5 Reminders and disclosures. We or the App Store Provider will provide any reminder notices and disclosures required by Applicable Law before a Trial ends or a Subscription renews.

10.6 Changing plans. Where more than one Subscription option is available (for example, monthly and annual), changes between them are processed by the App Store Provider in accordance with its rules. On the Apple App Store, for example, an upgrade generally takes effect immediately and a downgrade takes effect from the next renewal date.

10.7 Failed payments. If a renewal payment cannot be collected, the App Store Provider may continue to attempt collection for a period of time (for example, during a billing grace period or account hold). Access to Pro may continue or be suspended during that period in accordance with the App Store's rules, and will end if payment is not collected.

10.8 Price changes. We may change Subscription prices from time to time. A price change will not apply to a Subscription Period for which you have already paid. We or the App Store Provider will notify you before a new price applies to your Subscription and, where the App Store's rules require it, will ask you to agree to the new price. If you do not wish to pay the new price, you may cancel before it takes effect.

10.9 Platform-specific Subscriptions. A Subscription is linked to the App Store account through which it was purchased and can only be managed, cancelled or refunded through that App Store. A Subscription purchased through one App Store cannot be transferred to or used on a Device running a different operating system. If you purchase Subscriptions through more than one App Store, each Subscription is billed separately and must be cancelled separately.

10.10 Restoring purchases. If you reinstall the App or move to a new Device running the same operating system, you can restore an active Subscription by selecting "Restore Purchases" in the App while signed in to the App Store account used for the purchase.

10.11 Family Sharing. If Apple Family Sharing is enabled for Pro, it is subject to Apple's rules.

10.12 Offers and codes. Promotional offers, offer codes and promotional codes are subject to the conditions displayed with them, have no cash value, are not transferable and may be withdrawn if misused.

10.13 Reversed payments. If a payment for a Subscription is refunded, charged back or otherwise reversed, access to Pro associated with that payment will end.

10.14 Sales channel. Pro is sold exclusively as an in-app purchase through the App Stores. We do not sell Subscriptions directly, and we do not collect payments or issue refunds.

11. Cancellation and Refunds

11.1 How to cancel. You may cancel the automatic renewal of a Subscription at any time:

(a) iPhone or iPad: Settings > [your name] > Subscriptions > ExitTime > Cancel Subscription;

(b) Android: Google Play Store app > profile icon > Payments & subscriptions > Subscriptions > ExitTime > Cancel subscription.

Deleting the App or your data does not cancel a Subscription. App Store menus may change from time to time; the App Store Providers publish current instructions in their help centres.

11.2 Effect of cancellation. After you cancel, you will not be charged for further Subscription Periods and you will retain access to Pro until the end of the Subscription Period for which you have paid.

11.3 Statutory withdrawal rights. Depending on your country of residence, you may have a statutory right to withdraw from a purchase within a specified period. Section 25 describes these rights for certain countries and regions. Because all purchases are made through an App Store, any such right must be exercised through the App Store Provider in accordance with its policies.

11.4 Refunds. All refunds are handled exclusively by the App Store Provider through which you made your purchase, in accordance with its refund policies. We do not process, issue or approve refunds, and we have no control over refund decisions. If you wish to request a refund, you are solely responsible for submitting your request directly to the App Store Provider: for Apple, at reportaproblem.apple.com; for Google, through your Google Play order history or Google Play Help.

11.5 Your responsibility. You are responsible for managing your Subscription, including cancelling it before the renewal date if you do not wish to be charged again. We do not refund charges incurred because a Subscription or Trial was not cancelled in time, or because the App or your data was deleted without the Subscription being cancelled.

11.6 No refunds from us. Except as provided under the App Store Provider's policies or as required by Applicable Law, all payments are non-refundable and no refunds or credits are given for partially used Subscription Periods or unused features.

12. Licence

12.1 Grant. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the App on Devices that you own or control, solely for your personal, non-commercial use and in accordance with the usage rules of the relevant App Store.

12.2 Reservation of rights. The App is licensed, not sold. All rights not expressly granted to you in these Terms are reserved by us and our licensors.

12.3 Restrictions. Except as expressly permitted by these Terms or by Applicable Law that cannot be excluded, you must not, and must not permit any other person to:

(a) copy, modify, adapt, translate or create derivative works of the App or the Service;

(b) decompile, disassemble or reverse engineer the App, or attempt to derive its source code;

(c) sell, rent, lease, lend, sublicense, distribute or otherwise make the App or the Service available to any third party;

(d) circumvent, disable or interfere with any security feature, usage limit, licence check or payment mechanism, including any mechanism that restricts access to Pro;

(e) access the Service by any means other than the interfaces we provide, or use bots, scrapers, crawlers or other automated means to access the Service or to extract data from it, including Third-Party Data;

(f) use the Service, or any data obtained from it, to develop a competing product or service, or to train, develop or improve any artificial intelligence or machine-learning model;

(g) remove, obscure or alter any proprietary notice, trade mark or attribution;

(h) use the Service in any way that could damage, disable, overload or impair it or our systems; or

(i) use the Service in breach of Applicable Law.

12.4 Open-source software. The App may include open-source software components that are subject to their own licence terms. Those licence terms prevail over these Terms in respect of those components to the extent of any conflict.

13. Acceptable Use

13.1 You must use the Service lawfully and responsibly. You must not:

(a) use the Service to track, monitor, follow or stalk any person, or enter another person's location or addresses without that person's permission;

(b) use the Service for any unlawful, fraudulent, deceptive or harmful purpose;

(c) provide false information or impersonate any person;

(d) introduce viruses, malware or any other harmful code;

(e) attempt to gain unauthorised access to the Service, our systems or the data of other users;

(f) infringe the rights of any person, including rights of privacy and Intellectual Property Rights; or

(g) use the Service in a manner that endangers you or any other person.

13.2 If you breach this section 13, we may take action under section 21.

14. Your Content and Feedback

14.1 You retain all rights in the information you enter into the App, including Plan names, addresses, places and notes ("Your Content").

14.2 You grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, process and use Your Content solely to the extent necessary to provide, maintain, secure and improve the Service in accordance with the Privacy Policy. This licence ends when Your Content is deleted from our systems, save for any copies we are required to retain by Applicable Law.

14.3 You are responsible for Your Content and confirm that you have the right to use it. You should not include sensitive personal information in Plan names or notes.

14.4 If you provide suggestions, ideas or other feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use the Feedback for any purpose, without compensation or attribution.

15. Intellectual Property

15.1 The Service, including its software, design, user interface, text, graphics, algorithms, databases and compilations, and the ExitTime name and logo, is owned by us or our licensors and is protected by Intellectual Property Rights.

15.2 You must not use our trade marks, names, logos or get-up without our prior written consent.

15.3 Apple, App Store, iPhone, iPad, Face ID and Touch ID are trade marks of Apple Inc. Google, Android and Google Play are trade marks of Google LLC. All other third-party marks are the property of their respective owners. Their use in these Terms does not imply any endorsement.

16. Third-Party Services and Data

16.1 The Service uses, and may provide access to, services, data and content provided by third parties, including Third-Party Data providers, App Store Providers and navigation applications that you choose to open from the App. We do not control and are not responsible for third-party services. Your use of them is subject to the third parties' own terms and privacy policies.

16.2 Google Maps. Where the App uses Google Maps features or content, your use of those features is also subject to the then-current Google Maps/Google Earth Additional Terms of Service (https://maps.google.com/help/terms_maps/) and the Google Privacy Policy (https://policies.google.com/privacy).

16.3 Attributions. Attributions and notices required by providers of Third-Party Data and open-source software are displayed in the App.

17. Updates, Availability and Changes to the Service

17.1 Updates. We may release updates to improve performance, add or modify features, reflect changes in law or address security issues. Depending on your Device settings, updates may be installed automatically. Certain updates may be required for continued use of the Service. If you do not install an update, the Service may not function correctly.

17.2 Availability. We do not guarantee that the Service will be available at all times or that it will be uninterrupted or error-free. The Service may be temporarily unavailable for maintenance, updates or reasons outside our control.

17.3 Modification and withdrawal. We may modify, suspend or discontinue all or part of the Service, or withdraw the App, at any time. Where reasonably possible, we will give you at least 30 days' notice of the discontinuation of the Service. If you have paid for a Subscription Period that we will not provide, you may request a refund for the unused part from the App Store Provider in accordance with section 11.4.

18. Disclaimer of Warranties

18.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTION 25, THE SERVICE, ALL LEAVE TIMES AND ALL THIRD-PARTY DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT.

18.2 WITHOUT LIMITING SECTION 18.1, WE DO NOT WARRANT THAT: (A) YOU WILL ARRIVE AT ANY PARTICULAR TIME; (B) ANY LEAVE TIME OR THIRD-PARTY DATA WILL BE ACCURATE, COMPLETE OR TIMELY; (C) NOTIFICATIONS WILL BE DELIVERED, OR DELIVERED ON TIME; OR (D) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR FREE FROM ERRORS OR HARMFUL COMPONENTS.

18.3 Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions in this section 18 apply only to the extent permitted by Applicable Law.

19. Limitation of Liability

19.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTIONS 19.4 AND 25, WE AND OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL OR DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2 WITHOUT LIMITING SECTION 19.1, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM: (A) LATE ARRIVAL, OR A JOURNEY TAKING LONGER THAN ESTIMATED; (B) MISSED FLIGHTS, TRAINS, APPOINTMENTS, EVENTS, BOOKINGS OR DEADLINES, AND ANY RELATED FEES, PENALTIES OR COSTS; (C) ANY INACCURACY, DELAY OR UNAVAILABILITY OF THIRD-PARTY DATA; (D) ANY FAILURE OR DELAY IN THE DELIVERY OF NOTIFICATIONS; OR (E) YOUR RELIANCE ON ANY LEAVE TIME.

19.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTIONS 19.4 AND 25, OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU FOR SUBSCRIPTIONS IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (B) USD 50 (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY).

19.4 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for wilful misconduct or gross negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under Applicable Law.

20. Indemnity

20.1 To the extent permitted by Applicable Law, you agree to indemnify and hold harmless us and our affiliates, directors, employees and agents from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) brought by a third party and arising out of: (a) your breach of these Terms; (b) your use of the Service in breach of Applicable Law; or (c) your infringement of the rights of any third party.

20.2 Section 20.1 does not apply to you where you are a Consumer and Applicable Law in your country of residence does not permit such an indemnity (see section 25).

21. Suspension and Termination

21.1 By you. You may stop using the Service at any time. To stop future payments, you must cancel your Subscription in accordance with section 11.1. To delete your data, follow the process described in section 8.5 and in the Privacy Policy.

21.2 By us. We may suspend or terminate your access to the Service or to Pro if: (a) you commit a material or persistent breach of these Terms; (b) you use the Service unlawfully, fraudulently or in a manner that causes harm to others; (c) a payment is reversed; or (d) we are required to do so by Applicable Law, by a regulator or by an App Store Provider. Where reasonably practicable, we will notify you in advance. Where we terminate because of your breach, you will not be entitled to a refund except where required by Applicable Law.

21.3 Termination without fault on your part. If we terminate these Terms for a reason other than your breach, you may request a refund of any prepaid amounts for the unused part of the current Subscription Period from the App Store Provider in accordance with section 11.4.

21.4 Effect of termination. On termination, the licence granted in section 12 ends and you must stop using the App. Sections 14.4, 15, 18, 19, 20, 24, 25 and 27, and any other provision which by its nature is intended to survive, will survive termination.

22. Changes to these Terms

22.1 We may amend these Terms to reflect changes in law, regulation, App Store requirements, the Service or our business.

22.2 We will notify you of material changes in the App before they take effect, unless a change is required sooner for legal, regulatory or security reasons. The effective date and version number shown at the top of these Terms identify the version in force. Previous versions are available on request.

22.3 If you do not agree to a change, you may stop using the Service and cancel your Subscription before the change takes effect. If a change is materially to your disadvantage and you have paid in advance for a Subscription Period, you may cancel and request a refund for the unused part of that period from the App Store Provider in accordance with section 11.4. Your continued use of the Service after a change takes effect constitutes acceptance of the amended Terms.

23. Events Outside Our Control

23.1 We are not liable for any delay in performing, or failure to perform, our obligations caused by events outside our reasonable control, including failures of the internet or telecommunications networks, outages affecting App Store Providers, cloud hosting providers or Third-Party Data providers, changes to Device operating systems, cyber-attacks, power failures, fire, flood, earthquake, severe weather, epidemics, war, terrorism, civil unrest, industrial action and acts of governmental or regulatory authorities.

23.2 If such an event occurs, we will take reasonable steps to minimise its effect. If the event prevents you from using the principal features of Pro for more than 30 consecutive days, you may cancel your Subscription and request a refund for the unused part of the Subscription Period from the App Store Provider in accordance with section 11.4.

24. Complaints, Governing Law and Jurisdiction

24.1 Complaints. Complaints should be sent to support@bysivis.com with a description of the issue. We will acknowledge complaints within 5 working days and aim to provide a full response within 14 days.

24.2 Governing law. Subject to section 25, these Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by the laws of the Republic of Türkiye, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

24.3 Jurisdiction. Subject to section 25 and to any mandatory rules of jurisdiction that apply to Consumers, the Istanbul Central (Çağlayan) Courts and Enforcement Offices have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

24.4 Mandatory consumer protection. If you are a Consumer, nothing in this section 24 deprives you of the protection of the mandatory provisions of the law of your country of residence, or of any right under that law to bring proceedings in the courts of your country of residence.

25. Region-Specific Terms

25.1 United Kingdom

If you are a Consumer resident in the United Kingdom, the following terms apply and prevail over any conflicting provision of these Terms:

(a) Statutory rights. We are under a legal duty to supply digital content and services that conform with these Terms. In summary, under the Consumer Rights Act 2015: digital content must be as described, fit for purpose and of satisfactory quality; if digital content is faulty, you are entitled to a repair or replacement; if the fault cannot be remedied, or has not been remedied within a reasonable time and without significant inconvenience, you may be entitled to some or all of your money back; and services must be performed with reasonable care and skill. Further information is available from Citizens Advice at www.citizensadvice.org.uk.

(b) Damage to your Device. If defective digital content that we have supplied damages a Device or digital content belonging to you, we will either repair the damage or pay you compensation. We will not be liable for damage that you could have avoided by applying an update offered to you free of charge, or that was caused by your failure to follow installation instructions or to have in place the minimum system requirements we have advised.

(c) Cancellation rights. All purchases are made through an App Store and are subject to the App Store Provider's policies, which may give you the right to cancel within 14 days. Cancellation and refund requests must be submitted to the App Store Provider. Nothing in these Terms limits any right you have under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Digital Markets, Competition and Consumers Act 2024, including any right to cancel after a Trial ends or after a Subscription renews.

(d) Liability. Sections 18, 19 and 20 do not apply to you. Instead: (i) we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, but not for loss or damage that is not foreseeable; (ii) we do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for breach of your rights under sections 34 to 37, 46, 49 and 50 of the Consumer Rights Act 2015; (iii) provided that we have used reasonable care and skill, we are not liable for loss arising because a journey took longer than estimated or because travel conditions changed; (iv) we are not liable for any business losses; and (v) subject to paragraph (ii), our total liability to you shall not exceed the greater of the total amounts paid by you for Subscriptions in the 12 months preceding the event giving rise to the claim and £100.

(e) Courts. You may bring proceedings in the courts of the part of the United Kingdom in which you live, and you benefit from the mandatory provisions of the law of that part of the United Kingdom.

(f) Alternative dispute resolution. If we are unable to resolve your complaint, we will inform you whether an alternative dispute resolution scheme is available and whether we are willing to use it.

25.2 European Economic Area and Switzerland

If you are a Consumer resident in a member state of the European Economic Area or in Switzerland, the following terms apply and prevail over any conflicting provision of these Terms:

(a) Statutory rights. You benefit from the statutory guarantee of conformity for digital content and digital services under the law of your country of residence. Nothing in these Terms limits those rights.

(b) Right of withdrawal. Where Applicable Law gives you a right to withdraw from a purchase within 14 days, that right applies and must be exercised through the App Store Provider. Where you expressly request that the supply of Pro begins before the end of the withdrawal period and acknowledge that you will lose your right of withdrawal once supply has begun, you lose that right once supply begins.

(c) Liability. Sections 18, 19 and 20 apply only to the extent permitted by the law of your country of residence. We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, and under mandatory product liability law. In cases of slight negligence, we are liable only for breach of an obligation that is essential to the performance of these Terms and on which you may regularly rely, and our liability is limited to the damage that was foreseeable and typical at the time these Terms were entered into.

(d) Law and courts. You benefit from the mandatory provisions of the law of your country of residence and may bring proceedings in the courts of your country of residence.

25.3 Türkiye

If you are a Consumer resident in Türkiye, the following terms apply:

(a) Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts apply to your use of the Service.

(b) In accordance with the Regulation on Distance Contracts, the right of withdrawal does not apply to services performed instantly in an electronic environment or to intangible goods delivered instantly to you. Refund requests for purchases made through an App Store must be submitted to the App Store Provider.

(c) You may submit complaints to the Consumer Arbitration Committees (Tüketici Hakem Heyetleri) within the monetary limits determined annually, and to the Consumer Courts (Tüketici Mahkemeleri) above those limits.

25.4 United States

If you reside in the United States, the following terms apply:

(a) Informal resolution. Before commencing arbitration, you and we agree to attempt to resolve any dispute informally for at least 60 days after written notice of the dispute is sent to the other party. Notices to us must be sent to support@bysivis.com.

(b) Agreement to arbitrate. Except as provided in paragraph (d), any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration may be conducted remotely or in the county in which you reside. This agreement to arbitrate is governed by the Federal Arbitration Act.

(c) Class action and jury trial waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.

(d) Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in a court of competent jurisdiction to protect its Intellectual Property Rights.

(e) Right to opt out. You may opt out of this agreement to arbitrate by sending an email to support@bysivis.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. If you opt out, section 24 applies subject to the mandatory law of your state of residence.

(f) Severability. If the class action waiver in paragraph (c) is found to be unenforceable with respect to any claim, that claim shall not be arbitrated and shall proceed in court.

(g) California users. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

25.5 Other Countries

If you reside in any other country, you benefit from any mandatory consumer protection provisions of the law of your country of residence, and the provisions of these Terms apply only to the extent permitted by that law.

26. Platform-Specific Terms

26.1 Apple App Store

If you obtained the App from the Apple App Store, the following terms apply in addition to the rest of these Terms:

(a) Acknowledgement. These Terms are concluded between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.

(b) Scope of licence. The licence granted to you is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

(c) Maintenance and support. We are solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

(d) Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility, subject to these Terms.

(e) Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.

(f) Intellectual property rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.

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

(h) Developer name and address. Our name, address and contact details are set out in section 3. Any questions, complaints or claims with respect to the App should be directed to us.

(i) Third-party terms. You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement.

(j) Third-party beneficiary. Apple and Apple's 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.

26.2 Google Play

If you obtained the App from Google Play, your download and any purchases are also subject to the Google Play Terms of Service. Google LLC is not a party to these Terms and has no responsibility for the App or the Service.

26.3 Precedence

In the event of any conflict between these Terms and the terms of an App Store Provider concerning the use of that App Store (including payments, refunds and family sharing), the App Store Provider's terms prevail to the extent of that conflict.

27. General

27.1 Assignment. We may transfer our rights and obligations under these Terms to another organisation, for example in connection with a sale of our business or of the App. We will ensure that any such transfer does not adversely affect your rights under these Terms. You may transfer your rights or obligations under these Terms only with our prior written consent.

27.2 Third-party rights. Save as provided in section 26.1(j), no person other than you and us has any right to enforce any term of these Terms.

27.3 Severability. If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision will be deemed deleted to the minimum extent necessary and the remaining provisions will continue in full force and effect.

27.4 No waiver. Any delay or failure by us to enforce any provision of these Terms does not constitute a waiver of our rights, and we may enforce such provision at a later time.

27.5 Entire agreement. These Terms, together with any Additional Terms, constitute the entire agreement between you and us concerning the Service and supersede any prior agreements, arrangements or understandings relating to their subject matter.

27.6 Relationship. Nothing in these Terms creates any partnership, joint venture, agency or employment relationship between you and us.

27.7 Notices to us. Notices to us under these Terms must be sent by email to support@bysivis.com or by post to our registered office.

27.8 Language. These Terms are drawn up in English. Where we provide a translation, the English version prevails in the event of any inconsistency, to the extent permitted by Applicable Law.

28. Contact

BY SİVİŞ BİLİŞİM TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ

Tomtom Mah. İstiklal Cad. Turhol Han No: 189 İç Kapı No: 7

Beyoğlu, İstanbul, Türkiye

Email: support@bysivis.com

Website: https://bysivis.com/