Terms of Service
1. Acceptance of Terms
Read Carefully
You should read these terms carefully before using the service
Agreement
Using the app constitutes acceptance of these terms
Age Requirement
18+ or parental consent required
Modifications
We reserve the right to update terms at any time with or without notice
Binding Agreement
These terms constitute a legally binding agreement
No Acceptance = No Use
If you do not accept these terms, do not use the service
2. Service Description
Purpose
Status sharing and notification platform for personal use among your connections
Features
Status tracking, notifications, network connections, optional location sharing
Not Emergency Services
Clear disclaimer - this is NOT an emergency response service, always contact your local emergency services for emergencies
Personal Use
Designed for personal coordination and status updates, not professional emergency response
3. Account Registration and Security
Accurate Information
Requirement to provide truthful data
Account Security
User responsibility for password security
Unauthorized Access
Obligation to report security breaches
One Account
One account per person
4. User Responsibilities
Lawful Use
Comply with all applicable laws
Appropriate Use
No misuse of emergency features
Respectful Conduct
No harassment, abuse, or harmful content
Device Security
Maintain device security and updates
Accurate Information
Keep profile and contact information current
5. Prohibited Activities
False Alarms
No intentional false alarm notifications
Spam
No unsolicited messages or connection requests
Impersonation
No impersonating others
System Interference
No hacking, reverse engineering, or system disruption
Data Scraping
No automated data collection
Commercial Use
No unauthorized commercial use
6. Complete Disclaimer of Warranties and Service Limitations
6.1 NO WARRANTIES
The service is provided strictly 'AS IS' and 'AS AVAILABLE'. We make NO warranties, express or implied, including but not limited to: Merchantability, Fitness for a particular purpose, Non-infringement, Title, Accuracy, Reliability, Availability, Timeliness, Security, Error-free operation. We do NOT guarantee that the service will: Meet your requirements, Be uninterrupted, Be timely, Be secure, Be error-free, Produce accurate results, Have defects corrected
6.2 Service Limitations
We provide the service on a best-effort basis only. Service may be unavailable due to: Scheduled maintenance, Unscheduled maintenance, Technical issues, Third-party service failures, Internet outages, Force majeure events. Requires active internet connection. Requires compatible device and operating system. May not be available in all regions. Features may be added, modified, or removed at any time without notice. We may terminate the service at any time without notice or liability
6.3 Your Sole Risk
You use the service entirely at your own risk. Do NOT rely on the service for critical needs. Always have backup plans and alternative methods. You are solely responsible for any consequences of using or not using the service
7. Important Disclaimers and Service Limitations
7.1 NOT AN EMERGENCY SERVICE
Critical Warning: This application is NOT an emergency response service. This is NOT a replacement for 112 (Emergency), 155 (Police), 110 (Fire), or any official emergency services. In ANY emergency or life-threatening situation, ALWAYS call official emergency services FIRST. We do NOT provide emergency response, medical assistance, police services, or rescue services. We do NOT monitor notifications 24/7 and do NOT dispatch emergency services
7.2 Service Purpose
Designed for personal status sharing and coordination among your connections. All participants use the service voluntarily. NOT intended for professional, commercial, or institutional emergency response. A convenience tool for staying connected, does NOT provide any guarantees
7.3 Technical Limitations
Requires active internet connection (WiFi or mobile data). Requires functioning device with sufficient battery. Depends on third-party services (cloud providers, notification services) beyond our control. NO guarantee of availability, reliability, timeliness, or accuracy. Notifications may fail, be delayed, or not be delivered. Location data may be inaccurate or unavailable
7.4 User Responsibilities
Users are SOLELY responsible for their own decisions and actions. Users must use the service appropriately and responsibly. Users must know how to contact emergency services. Users must NOT rely solely on this application in any situation. Users should have appropriate communication plans and emergency contacts
7.5 No Liability
We accept NO responsibility for service usage, outcomes, or consequences. We make NO guarantees about notification delivery or response. Users use the service entirely at their own risk. Our liability is limited as specified in Section 9
8. Intellectual Property
Ownership
Developer owns all app content and trademarks
License
Limited, non-exclusive license to use the app
User Content
Users retain ownership of their data
Feedback
Feedback may be used without compensation
9. ABSOLUTE EXCLUSION OF ALL LIABILITY
9.1 NO LIABILITY WHATSOEVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HAVE ABSOLUTELY NO LIABILITY TO YOU OR ANY THIRD PARTY FOR: ANY damages, losses, costs, expenses, or liabilities of ANY kind; Whether direct, indirect, incidental, consequential, special, exemplary, or punitive; Whether based on contract, tort, strict liability, statute, or any other legal theory; Whether foreseeable or unforeseeable; Whether we were advised of the possibility of such damages; INCLUDING BUT NOT LIMITED TO: Personal injury, death, or property damage, Lost profits, revenue, or business opportunities, Loss of data or information, Service interruptions or failures, Security breaches or unauthorized access, Notification failures or delays, Location inaccuracies, Reliance on the service, Any use or inability to use the service, ANY other damages or losses whatsoever
9.2 Maximum Liability Cap (50 TL)
IF, despite the above, we are found liable for any reason: Our TOTAL aggregate liability is LIMITED to the LESSER of: Amount you paid us (if any) in the 12 months before the claim, OR 50 Turkish Lira (TL), OR The minimum amount permitted by applicable law. This is your SOLE and EXCLUSIVE remedy. IMPORTANT: If you use the free service, our maximum liability is 50 TL
9.3 AS-IS and AS-AVAILABLE
Service provided strictly 'AS IS' and 'AS AVAILABLE'. We DISCLAIM ALL warranties, express or implied, including: Merchantability, Fitness for a particular purpose, Non-infringement, Title, Accuracy, reliability, or completeness, Uninterrupted, timely, secure, or error-free operation, Results or outcomes, Defect correction, ANY other warranties of ANY kind
9.4 No Liability for Third Parties
NO liability for actions or omissions of: Other users, Third-party service providers, Internet service providers, Device manufacturers, Operating system providers, ANY third parties
9.5 No Liability for Force Majeure
NO liability for events beyond our reasonable control: Natural disasters, acts of God, War, terrorism, civil unrest, Government actions, laws, regulations, Internet or telecommunications failures, Power outages, Cyber attacks, hacking, Equipment failures, ANY other events beyond our control
9.6 Jurisdictional Variations
Liability excluded to the MAXIMUM extent permitted by applicable law. If any exclusion is invalid in your jurisdiction, it applies to the maximum extent permitted. Where law requires minimum liability, our liability is limited to that minimum
10. Acceptance of Risk and Indemnification
10.1 Acknowledgment and Assumption of All Risks
By using this service, users VOLUNTARILY and KNOWINGLY accept ALL risks. Users ACKNOWLEDGE and AGREE there is ABSOLUTELY NO guarantee of: Safety or protection, Service availability or reliability, Notification delivery, Data security, Location accuracy, Any functionality whatsoever. Users ACKNOWLEDGE and AGREE they are SOLELY and EXCLUSIVELY responsible for: Their own safety and well-being, All decisions made based on the service, All consequences of using or not using the service, Contacting emergency services when needed. Users ACKNOWLEDGE and AGREE they FULLY UNDERSTAND: All service limitations described in these Terms, The service is NOT an emergency service, The service may fail at any time, We have NO liability for any failures. Users ACKNOWLEDGE and AGREE they MUST: Contact official emergency services (112/155/110) in ALL emergencies, NEVER rely solely on this service for safety, Have backup safety plans. Users ACKNOWLEDGE they will NOT rely on this service for: Critical safety needs, Emergency response, Life-threatening situations, Any situation where failure could cause harm. Users ACKNOWLEDGE they have made an INFORMED DECISION to use the service despite all risks. Users ASSUME ALL RISKS associated with using the service
10.2 Release of All Claims
By using the service, you RELEASE, WAIVE, and FOREVER DISCHARGE us from: All claims, demands, damages, actions, causes of action; Whether known or unknown, suspected or unsuspected; Whether arising from contract, tort, statute, or any other legal theory; Whether past, present, or future. You WAIVE any rights under laws that limit releases to known claims. You agree NOT to bring any claims against us for: Service failures or interruptions, Data loss or corruption, Security breaches, Notification failures, Location inaccuracies, Any harm or damages whatsoever. You acknowledge this release is voluntary and made with full knowledge of its significance
10.3 User Indemnification
Users agree to indemnify, defend, and hold harmless the developer from ANY and ALL: Claims, demands, actions, suits, proceedings; Damages, losses, liabilities, costs, expenses; Legal fees, court costs, expert fees; Settlements and judgments. Includes claims arising from: User's use, misuse, or inability to use the service, User's violation of these Terms, User's violation of any law or rights of third parties, User's content or data, User's reliance on the service, ANY actions or omissions by user. Includes ALL claims by third parties. Users must immediately defend us upon notice. Users must fully cooperate in defense. Users may NOT settle claims without our written consent
11. Account Termination
User Termination
Users can delete account anytime
Company Termination
Developer can terminate for violations
Effect
Access revoked, data deleted per privacy policy
Survival
Certain provisions survive termination
12. Governing Law and Dispute Resolution
12.1 Global Applicability
These Terms apply to users worldwide, regardless of location. These Terms are intended to be enforceable in all countries and jurisdictions. Users must also comply with their local laws
12.2 Governing Law
These Terms are governed by the laws of the Republic of Turkey. For users in Turkey, Turkish law applies exclusively. For users outside Turkey: Turkish law applies to the extent permitted by local law, If Turkish law conflicts with mandatory local laws, local laws prevail to the minimum extent necessary, Users consent to application of Turkish law to the maximum extent permitted
12.3 Jurisdiction and Venue
Turkish Users: Disputes shall be resolved exclusively in the courts of Turkey. International Users: We may bring claims in any court with jurisdiction, Users consent to jurisdiction in Turkish courts, Users waive any objections to jurisdiction or venue in Turkish courts, If Turkish courts lack jurisdiction, disputes shall be resolved in courts of the developer's choice
12.4 Mandatory Arbitration and Dispute Resolution
MANDATORY ARBITRATION: All disputes exceeding 100 TL MUST be resolved through binding arbitration ONLY. You WAIVE the right to sue in court. Exception: Claims of 100 TL or less may be brought in small claims court. Arbitration Rules: Istanbul Arbitration Center (ITAHEM) rules apply. Arbitration location: Istanbul. Arbitration language: Turkish. Number of arbitrators: Single arbitrator. Informal Resolution: 30 days of informal negotiation required before arbitration. Class Action Waiver: All disputes must be brought individually, NO class actions. This arbitration clause survives termination of this agreement
12.5 Limitation Period (PROTECTS US)
Any claims against us must be brought within ONE (1) year of the cause of action arising. Failure to bring claims within this period constitutes ABSOLUTE and IRREVOCABLE waiver. This limitation applies regardless of: Discovery of the claim, Fraudulent concealment, Continuing violations, Any other circumstances. This is the shortest limitation period permitted by law. By using the service, you WAIVE any longer limitation periods provided by law
12.6 Attorney Fees and Costs (LOSER PAYS)
LOSER PAYS PRINCIPLE: In any dispute, arbitration, or lawsuit, the losing party SHALL PAY ALL reasonable attorney fees, costs, court fees, and other legal expenses of the prevailing party. This includes: Arbitration fees and arbitrator costs, Expert witness fees, Document preparation costs, Travel expenses, Administrative costs. Frivolous Claims: If you bring clearly baseless or harassing claims, you may be required to pay TREBLE (3x) attorney fees. This provision applies at all stages of arbitration and court proceedings
13. Changes to Terms
Notification
30-day notice for material changes
Acceptance
Continued use constitutes acceptance
Rejection
Users can delete account if they disagree
14. Miscellaneous and Legal Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement. Supersedes all prior agreements, understandings, and communications. You have not relied on any statements or representations not contained in these Terms
14.2 Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in full force. Invalid provisions will be enforced to the maximum extent permitted by law. Courts may reform invalid provisions to make them enforceable
14.3 No Waiver
Our failure to enforce any right or provision does NOT constitute a waiver. All rights and remedies remain available. Waivers must be in writing and signed
14.4 Assignment
We may assign, transfer, or delegate these Terms without your consent. You may NOT assign, transfer, or delegate these Terms. These Terms bind and benefit permitted successors and assigns
14.5 Force Majeure
We are NOT liable for delays or failures due to events beyond our reasonable control. Examples: Natural disasters, war, terrorism, riots, embargoes, acts of government, fire, floods, accidents, strikes, internet failures, equipment failures
14.6 Survival
The following provisions survive termination: Limitation of Liability, Indemnification, Disclaimer of Warranties, Intellectual Property, Dispute Resolution, Any provisions that by their nature should survive
14.7 Headings
Section headings are for convenience only and do not affect interpretation
14.8 Language
For Turkish users, the Turkish version of these Terms is authoritative. English and other translations are provided for convenience only. In case of conflicts, the Turkish version prevails for Turkish users
15. Contact Information
Contact
support@upwatch.app
Website
https://upwatch.app
Note
Contact information will be updated as developer status or contact details change