Hypedit – End-User License Agreement (EULA)

Effective Date: September 17, 2025

This End-User License Agreement (“Agreement”) is a legal contract between you (“User” or “you”) and Da Vinci Software Bilişim A.Ş. (“Company,” “we,” “our,” or “us”), governing your use of the mobile application Hypedit (the “App”) and all related services, content, and materials (collectively, the “Service”). By downloading, installing, or using the App, you agree to be bound by this Agreement.

1. License Grant

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, personal, non-transferable, non-sublicensable, revocable license to download and use one copy of the App on a device you own or control, solely for your personal, non-commercial use, and in accordance with the applicable app store’s terms (Apple or Google).

2. Definitions and Features

Hypedit enables users to: (i) upload personal images (e.g., selfies); (ii) reframe and reposition elements within an image; (iii) change clothing styles; and (iv) edit visuals via text prompts using AI-powered image processing models. Some features are processed on-device, while others rely on cloud services and third-party AI providers.

3. User-Generated Content (UGC) and Outputs

• Ownership: You retain ownership of the photographs you upload. Any AI-generated results (“Outputs”) are generally attributed to you as the creator, subject to this Agreement and applicable law.
• License to Company: By uploading content or generating Outputs, you grant the Company a worldwide, non-exclusive, royalty-free license to process, host, store, and transmit such content solely for the purpose of providing the Service.
• Responsibility: You represent and warrant that you (i) own or have the necessary rights to upload your content; (ii) have obtained all required consents from individuals appearing in your photos; and (iii) will not upload unlawful, infringing, harmful, or offensive material.
• Consent Requirement: Uploading images of real individuals (especially celebrities or third parties) requires their explicit consent. Uploads of minors are prohibited unless allowed under local law and with verified parental/guardian consent.

4. Sensitive Edits, Likeness, and Celebrities

Hypedit may allow the creation of images resembling public figures, celebrities, or fictional characters. Commercial use of such Outputs may require authorization from relevant rights holders. You are solely responsible for securing such permissions before using Outputs for commercial purposes.

5. Prohibited Conduct

You agree not to use the Service to:

• Create or distribute non-consensual or harmful edits of individuals, including deepfakes;
• Generate illegal, defamatory, harassing, hateful, obscene, or exploitative content;
• Manipulate content for deceptive or malicious purposes (e.g., misinformation, fake evidence);
• Violate intellectual property rights of third parties (copyrights, trademarks, personality rights);
• Decompile, reverse engineer, or tamper with the App or its security systems;
• Use bots or automated scripts to access the Service without authorization.

6. Moderation

The Company reserves the right, but not the obligation, to review, remove, or restrict access to any UGC or Outputs that violate this Agreement or applicable law. Accounts involved in repeated violations may be suspended or terminated.

7. Payments, Subscriptions, and In-App Purchases

Some features may be offered for a fee (credits, subscriptions, premium packs). Payments are processed exclusively through the app store’s in-app purchase system and are subject to their terms. Subscriptions automatically renew unless canceled at least 24 hours before the renewal date. Refunds are managed by the respective app store.

8. Privacy

Data collection and processing practices are governed by our Privacy Policy, which forms part of this Agreement. The Privacy Policy explains how we handle user photos, biometric inferences, and personal data in compliance with applicable laws (e.g., GDPR, KVKK, CCPA).

9. Third-Party Services

The App may use third-party services and AI models (e.g., Firebase, OpenAI, or other providers). Use of these features may be subject to additional terms and privacy policies of those providers, which you agree to by using the App.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, employees, and agents from any claims, damages, or expenses arising from your UGC, Outputs, or breach of this Agreement.

13. Termination

You may terminate this Agreement by deleting the App. The Company may suspend or terminate your access at any time without notice if you violate this Agreement. Upon termination, your license immediately ends, and you must cease using the App.

14. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the Republic of Türkiye, without regard to conflict-of-law principles. Disputes shall be subject to the exclusive jurisdiction of the İstanbul (Anadolu) Courts and Enforcement Offices. EU consumers may rely on mandatory protections under their local laws.

15. Changes to this Agreement

We may update this Agreement to reflect changes in law, practices, or the Service. Updates will be communicated via in-app notice or by updating the Effective Date. Continued use after changes take effect constitutes acceptance.

16. Contact

For questions regarding this Agreement, contact us at support@davincisoft.co.