End User License Agreement

1. Agreement to Terms

This End User License Agreement ("EULA") is a binding legal agreement between you ("User", "you") and MDA Technology and Software Services ("Company", "we", "us", "our"), the developer of the Dually Up mobile application ("App").

2. License Grant

2.1 Grant of License

Subject to your compliance with this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial purposes.

2.2 Scope of License

This license does not allow you to:

• Distribute, sublicense, lease, rent, lend, or otherwise transfer the App to any third party
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Make copies of the App except as expressly permitted
• Modify, adapt, translate, or create derivative works based on the App
• Remove, alter, or obscure any proprietary notices, labels, or marks on the App
• Use the App for any illegal, unauthorized, or unethical purpose
• Use the App in any way that could damage, disable, or impair our servers or networks
• Use automated systems, bots, scripts, or similar technology to access or interact with the App

2.3 Reservation of Rights

All rights not expressly granted to you in this EULA are reserved by us. The App is licensed, not sold, to you.

3. Account & Eligibility

To use the App, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Subscriptions & In-App Purchases

4.1 Premium Subscription

Dually Up offers optional Premium subscription plans ("Premium") that provide access to enhanced features. Premium is available on a weekly, monthly, and annual basis.

4.2 Payment & Billing

4.3 Automatic Renewal

Your Premium subscription will automatically renew at the end of each billing period (weekly, monthly, or annually) unless you cancel at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan.

4.4 Cancellation

You may cancel your subscription at any time. Cancellation must be done through your device's subscription management settings:

• iOS: Go to Settings > [Your Name] > Subscriptions > Dually Up > Cancel Subscription
• Android: Go to Google Play Store > Menu > Subscriptions > Dually Up > Cancel

Cancellation takes effect at the end of the current billing period. You will continue to have access to Premium features until the end of the period you have already paid for. Cancellation does not entitle you to a refund for the current billing period.

4.5 Free Trial

We may offer free trial periods for Premium subscriptions. If a free trial is offered, you will not be charged during the trial period. At the end of the trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. Any unused portion of a free trial will be forfeited when you purchase a subscription.

4.6 Price Changes

We reserve the right to change subscription prices at any time. Price changes will be communicated in advance and will not affect your current billing period. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

4.7 Refunds

All refund requests must be submitted directly to Apple or Google according to their respective refund policies:

• Apple: Visit reportaproblem.apple.com or contact Apple Support
• Google: Visit your Google Play order history or contact Google Play Support

Refund eligibility is determined by Apple or Google in accordance with their respective terms and applicable consumer protection laws, including EU Directive 2011/83/EU and Turkish Consumer Protection Law No. 6502.

5. User Content & Conduct

5.1 Your Content

You retain ownership of the content you submit through the App ("User Content"), including photos, profile information, and messages. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your User Content solely in connection with operating and providing the App.

5.2 Prohibited Content & Conduct

You agree not to use the App to:

• Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Upload sexually explicit or pornographic content
• Upload content depicting or promoting violence, self-harm, or illegal activities
• Impersonate any person or entity, or falsely state or misrepresent your identity
• Harass, stalk, intimidate, or bully other users
• Collect or store personal data of other users without their consent
• Send spam, chain letters, or unsolicited commercial communications
• Use the App for any commercial purpose or to solicit business
• Upload content that infringes any third party's intellectual property rights
• Transmit any viruses, malware, or other malicious code

6. Intellectual Property

The App, including all content, features, functionality, design, text, graphics, logos, icons, images, audio, video, software, and the underlying technology, is owned by MDA Technology and Software Services and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Dually Up name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MDA Technology and Software Services. You may not use such marks without our prior written permission.

7. Privacy & Data Protection

Your privacy is important to us. Our collection and use of personal data in connection with the App is described in our Privacy Policy, which is incorporated into this EULA by reference.

By using the App, you consent to the collection and use of your data as described in the Privacy Policy, in compliance with applicable data protection laws including the General Data Protection Regulation (GDPR), the UK General Data Protection Regulation (UK GDPR), the California Consumer Privacy Act (CCPA/CPRA), the Brazilian General Data Protection Law (LGPD), the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), and the Turkish Personal Data Protection Law (KVKK - Law No. 6698).

8. Third-Party Services

The App may contain links to or integrate with third-party services, including but not limited to:

• Apple App Store and Google Play Store for payments and subscriptions
• Google and Apple for social sign-in authentication
• Firebase Cloud Messaging for push notifications

These third-party services are governed by their own terms and privacy policies. We are not responsible for the content, privacy practices, or availability of third-party services.

9. Disclaimers

We do not warrant that:

• The App will function uninterrupted, securely, or be available at any particular time or location
• Any errors or defects will be corrected
• The App is free of viruses or other harmful components
• The results of using the App will meet your requirements or expectations
• Any matches, connections, or relationships will result from using the App

You acknowledge that you use the App and interact with other users at your own risk. We do not conduct criminal background checks on users and do not verify the statements or identities of users.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MDA TECHNOLOGY AND SOFTWARE SERVICES, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• Any unauthorized access to or use of our servers or your personal information
• Any interruption or cessation of the App
• Any conduct or content of any third party or other users
• Any personal injury or property damage resulting from your use of the App or interactions with other users

Our total aggregate liability shall not exceed the greater of (a) the amount you paid us in the twelve (12) months prior to the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100).

11. Indemnification

You agree to defend, indemnify, and hold harmless MDA Technology and Software Services and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the App
• Your violation of this EULA
• Your User Content
• Your interaction with other users
• Your violation of any applicable law or regulation

12. Termination

12.1 Termination by You

You may terminate this EULA at any time by deleting your account and uninstalling the App from all your devices.

12.2 Termination by Us

We may terminate or suspend your license and access to the App immediately, without prior notice, if you breach any provision of this EULA, violate our community guidelines, or if we are required to do so by law.

12.3 Effects of Termination

Upon termination:

• Your license to use the App is immediately revoked
• You must cease all use of the App and delete it from your devices
• Your profile, matches, and messages will be deleted
• Any active Premium subscription must be cancelled separately through Apple or Google
• Provisions of this EULA that by their nature should survive termination shall survive (including Sections 6, 9, 10, 11, 14, and 16)

13. Updates & Modifications

13.1 App Updates

We may from time to time develop and provide App updates, which may include bug fixes, patches, new features, or new versions. Updates may be installed automatically or may require your action depending on your device settings. You agree that we have no obligation to provide any updates or to continue supporting the App on your specific device or operating system.

13.2 EULA Modifications

We reserve the right to modify this EULA at any time. When we make material changes, we will notify you by updating the "Last updated" date and, where required, through in-app notifications or email. Your continued use of the App after any modification constitutes acceptance of the updated EULA.

14. Governing Law & Dispute Resolution

14.1 Governing Law

This EULA shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law provisions. However, if you reside in a jurisdiction where mandatory local consumer protection laws apply, those laws shall govern to the extent required.

14.2 Informal Resolution

Before initiating any formal dispute proceedings, you agree to first contact us at legal@duallyup.com to attempt informal resolution. We will make reasonable efforts to resolve your concern within thirty (30) days.

14.3 Arbitration (United States Users)

If you are a resident of the United States, you and the Company agree that any dispute arising out of or relating to this EULA or the App will be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except that either party may bring individual claims in small claims court. You agree to waive your right to participate in class actions, class arbitrations, or representative proceedings.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@duallyup.com within thirty (30) days of first accepting this EULA.

14.4 Jurisdiction (Non-U.S. Users)

If you reside outside the United States, any disputes arising out of or relating to this EULA that cannot be resolved informally shall be subject to the jurisdiction of the courts of Istanbul, Turkey, except where mandatory local laws require disputes to be resolved in your jurisdiction of residence.

14.5 Consumer Rights by Region

Nothing in this EULA limits or waives any rights you may have under mandatory consumer protection laws in your jurisdiction:

• EEA Consumers: You benefit from mandatory provisions of your country's consumer protection laws and may bring proceedings in your local courts. The EU Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr.
• UK Consumers: You are protected by the Consumer Rights Act 2015 and may bring proceedings in English or Scottish courts.
• Australian Consumers: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this EULA purports to modify or exclude those guarantees.
• Brazilian Consumers: You are protected by the Consumer Defense Code (Lei n. 8.078/1990) and LGPD (Lei n. 13.709/2018).
• Canadian Consumers: Nothing in this EULA limits your rights under applicable provincial consumer protection legislation.
• California Consumers: You are entitled to rights under the CCPA/CPRA. Complaints may be directed to the California Department of Consumer Affairs.

14.6 Severability

If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

15. Platform-Specific Terms

15.1 Apple App Store

If you downloaded the App from the Apple App Store, the following additional terms apply:

• This EULA is between you and MDA Technology and Software Services only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
• Apple has no obligation to provide maintenance or support services for the App.
• 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. Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App infringes a third party's intellectual property rights, MDA Technology and Software Services, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of such claim.
• Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce its terms against you.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government prohibited or restricted parties list.

15.2 Google Play Store

If you downloaded the App from the Google Play Store, the following additional terms apply:

• This EULA is between you and MDA Technology and Software Services only, and not with Google LLC ("Google").
• Google is not responsible for the App, its content, or any claims related to the App.
• Your use of the App is also subject to the Google Play Store Terms of Service.
• Google has no obligation to provide maintenance or support for the App.

16. Contact Information

If you have any questions about this EULA, please contact us: