Terms & Conditions

1. Acceptance of Terms

Welcome to Dually Up! These Terms of Service ("Terms") constitute a legally binding agreement between you and MDA Technology and Software Services ("Company", "we", "us", or "our") governing your access to and use of the Dually Up dating application and related services (collectively, the "Service").

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

2. Service Description

Dually Up is a unique dating platform that uses a "duel" matching system where users compare two profiles side by side and choose the one they prefer. Our Service includes:

The Service is provided for personal, non-commercial use only. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

3. Eligibility Requirements

To use Dually Up, you must:

• Be at least 18 years of age
• Be legally capable of entering into a binding contract
• Not be prohibited from using the Service under applicable laws
• Not have been previously banned from our Service
• Not be required to register as a sex offender in any jurisdiction
• Not be using the Service while incarcerated

We reserve the right to request proof of age and to terminate accounts of users who do not meet these requirements.

4. Your Account

4.1 Account Creation

To use certain features of the Service, you must create an account. When creating your account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Use only one account per person
• Not share your account with anyone else
• Keep your password confidential and secure

4.2 Account Security

You are responsible for all activity that occurs under your account. If you suspect unauthorized access to your account, you must notify us immediately at info@mdatechnologies.net.

4.3 Profile Accuracy

Your profile must accurately represent you. Misrepresentation, including using someone else's photos or providing false information, is a violation of these Terms and may result in account termination.

5. User Conduct & Community Guidelines

Dually Up is committed to maintaining a safe, respectful community. You agree NOT to:

Violation of these guidelines may result in warnings, temporary suspension, or permanent ban from the Service at our sole discretion.

6. User Content

6.1 Your Content

You retain ownership of the content you post on Dually Up ("User Content"), including photos, bio, and messages. By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content in connection with the Service.

6.2 Content Restrictions

You agree that your User Content will NOT include:

• Nudity or sexually explicit material
• Content depicting minors
• Violent, graphic, or disturbing imagery
• Content that infringes third-party rights (copyright, trademark, privacy)
• Hate speech, discrimination, or offensive material
• Private information of other individuals
• Links to malicious websites or content

6.3 Content Moderation

We reserve the right, but have no obligation, to monitor, review, and remove any User Content at our discretion. We may remove content that violates these Terms or that we find objectionable for any reason.

7. Premium Subscription

7.1 Premium Features

Dually Up offers a Premium subscription that provides enhanced features including:

• Unlimited daily duels
• See who liked you
• Undo your last choice
• Profile Boost and Super Boost
• Incognito browsing mode
• Advanced search filters
• Priority customer support
• Verified badge on profile

7.2 Billing & Payment

All Premium subscriptions are processed through Apple App Store or Google Play Store depending on your device. Payment is handled directly by Apple or Google.

7.3 Refund Policy

Since all subscriptions are processed through Apple App Store or Google Play Store, refund requests must be submitted directly to Apple or Google according to their respective refund policies:

• Apple App Store: Refund requests must be submitted through Apple's support system. Visit support.apple.com or request a refund directly from your purchase history.
• Google Play Store: Refund requests must be submitted through Google Play support. Visit the Google Play Help Center or your order history to request a refund.
• Refund eligibility is determined by Apple or Google according to their terms and policies, not by Dually Up.
• If required by applicable law (e.g., EU consumer protection laws, Turkish Consumer Protection Law No. 6502), statutory refund rights apply as mandated by Apple and Google.

For questions about your subscription or billing, you may contact us at support@duallyup.com, but all refund requests must be processed through Apple or Google.

7.4 Price Changes

We reserve the right to change our subscription prices. Any price changes will be communicated in advance and will apply to the next billing cycle after the change takes effect.

8. Matching & Communication

8.1 No Guarantee of Matches

While we strive to facilitate meaningful connections, we do not guarantee:

• Any specific number of matches
• The quality or compatibility of matches
• That matches will respond to messages
• That connections will lead to relationships

8.2 User Interactions

You are solely responsible for your interactions with other users. We are not responsible for:

• The conduct of any user
• The accuracy of user profiles
• Any disputes between users
• Any outcomes of meetings arranged through the Service

9. Safety & Reporting

9.1 Reporting Violations

If you encounter any user who violates these Terms or makes you feel unsafe, please report them immediately:

• Tap the menu icon on their profile or in chat
• Select "Report"
• Choose the reason and provide details

All reports are reviewed by our safety team and appropriate action will be taken.

9.2 Blocking Users

You can block any user at any time. Blocked users cannot see your profile, contact you, or appear in your duels.

9.3 Cooperation with Authorities

We cooperate with law enforcement agencies when required by law or when we believe cooperation is necessary to protect the safety of our users or the public.

10. Intellectual Property

10.1 Our Intellectual Property

The Service, including its content, features, functionality, design, and technology, is owned by MDA Technology and Software Services and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or distribute any part of the Service
• Use our trademarks or logos without permission
• Reverse engineer or decompile our software
• Create derivative works based on the Service

10.2 Feedback

If you provide us with feedback or suggestions about the Service, you grant us the right to use such feedback without any obligation to compensate you.

11. Disclaimers & Limitation of Liability

11.1 Service "As Is"

11.2 No Guarantee

We do not warrant that:

• The Service will be uninterrupted or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• The results of using the Service will meet your requirements

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MDA TECHNOLOGY AND SOFTWARE SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or goodwill
• Service interruption or computer damage
• Personal injury or emotional distress
• Any conduct of other users

Our total liability shall not exceed the amount you paid us in the twelve (12) months prior to the claim.

12. Account Suspension & Termination

12.1 Termination by You

You may delete your account at any time through Settings > Account > Delete Account. Account deletion is permanent and cannot be undone.

12.2 Termination by Us

We may suspend or terminate your account at any time if:

• You violate these Terms or our Community Guidelines
• We are required to do so by law
• Your account has been inactive for an extended period
• We believe your account poses a risk to other users
• We decide to discontinue the Service

12.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• Your profile will be removed from the platform
• You will lose access to your matches and messages
• Any unused Premium subscription time is forfeited (unless terminated without cause by us)

13. Dispute Resolution & Governing Law

13.1 Governing Law

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. However, if you reside in a jurisdiction where mandatory local consumer protection laws apply, those laws shall govern to the extent required.

13.2 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. Most disputes can be resolved through direct communication.

13.3 Arbitration Agreement (United States Users)

If you are a resident of the United States, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved through binding individual arbitration rather than in court, except that either party may bring individual claims in small claims court if they qualify.

Arbitration Rules: Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Arbitration Fees: If you initiate arbitration, you will pay only the consumer filing fee set by the AAA. We will bear all other arbitration costs, including the arbitrator's fees. If the arbitrator finds that your claim was frivolous or brought in bad faith, you agree to reimburse us for all fees to the extent permitted by the AAA Rules.

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 these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration.

13.4 Class Action Waiver (United States Users)

If you are a resident of the United States, you and the Company agree that Disputes will be resolved only on an individual basis and not in a class, consolidated, or representative action. If for any reason a Dispute proceeds in court rather than arbitration, both you and the Company waive any right to a jury trial. If a court decides that applicable law precludes enforcement of any of this section's limitations for a particular claim, that claim (and only that claim) must be severed from the arbitration and may proceed in court.

13.5 Jurisdiction (Non-U.S. Users)

If you reside outside the United States, any disputes arising out of or relating to these Terms or the Service 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.

13.6 Consumer Rights by Region

Nothing in these Terms limits or waives any rights you may have under mandatory consumer protection laws in your jurisdiction. In particular:

• European Economic Area (EEA): If you are a consumer in the EEA, you benefit from mandatory provisions of the consumer protection laws of your country of residence. You may bring legal proceedings in your country of residence. The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr.
• United Kingdom: If you are a consumer in the UK, you are protected by the Consumer Rights Act 2015 and may bring proceedings in English or Scottish courts.
• Australia: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). Nothing in these Terms purports to modify or exclude the conditions, warranties, and undertakings implied by the Australian Consumer Law.
• Brazil: If you are a consumer in Brazil, you are protected by the Consumer Defense Code (Lei n. 8.078/1990) and the Brazilian General Data Protection Law (LGPD, Lei n. 13.709/2018).
• Canada: If you are a consumer in Canada, nothing in these Terms limits your rights under the applicable provincial consumer protection legislation.
• California (USA): California residents are entitled to specific consumer protection rights under the California Consumer Privacy Act (CCPA/CPRA) and Civil Code Section 1789.3. Complaints may be directed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
• Other Jurisdictions: If you reside in any other jurisdiction with mandatory consumer protection laws, nothing in these Terms shall be interpreted to limit or override those rights.

13.7 Time Limitation

To the extent permitted by applicable law, any claim or cause of action arising out of or related to the use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This limitation does not apply where prohibited by law.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy, EULA, and any other legal notices or policies published by us on the Service, constitute the entire agreement between you and the Company regarding your use of the Service and supersede all prior and contemporaneous agreements, proposals, and communications, written or oral.

16. Contact Information

If you have any questions about these Terms of Service, please contact us: