LEMODATE USER AGREEMENT - TERMS OF USE

WITH THE APPROVAL OF THE USER AGREEMENT, YOU ALSO CONFIRM THE EXISTING COMMUNITY RULES, WHICH MAY CHANGE FROM TIME TO TIME.

1. Parties

1.1 The application operating under the name Lemodate, which you can obtain from the Apple Store and Google Play Store (“App Stores”), is managed by Lemo Yazılım Sanayi ve Ticaret Anonim Şirketi (“Lemodate”) that resident at Atatürk Mahallesi, Ertuğrul Gazi Sokak, Metropol İstanbul A Blok Apt No: 2E, Kat: 21, Daire: 331, Ataşehir, İstanbul.

1.2 The Members are aware that these Terms of Use (hereinafter briefly referred to as the “Terms”) shall come into force upon becoming a member of the Lemodate application subject to these Terms and they are obliged to act in accordance with these Terms.

1.3 Within the scope of these Terms, Lemodate and the Members shall be referred to individually as the “Party” and collectively as the “Parties”.

2. Definitions

2.1 Application: An application that operates under the name Lemodate, which you will obtain through the App Stores,

2.2 Standard Member: the person who filled out the membership form in the app, has accepted, approved all terms and conditions in these Terms and completed all the registration process, with the statement "I have read, accept the Terms of Use and Privacy Terms,''

2.3 Premium Member: A member who has upgraded his/her Standard Membership in the Application to an Advanced or Extremely Advanced Membership and thus acquired Premium Member rights by paying the Advanced or Extremely Advanced Membership fee announced by Lemodate,

2.4 Member: Refers to all Standard Members and Premium Members.

2.5 Personal Data: refers to all kinds of information related to an identified or identifiable natural person specified in the Personal Data Protection Law no. 6698 (“Law”).

3. Subject of the Terms

The subject of these Terms is the determination of the terms of use of the services offered in the Application and, accordingly, the rights and obligations of the parties. The scope of these Terms consists of all kinds of explanations, announcements, Terms, and statements published by Lemodate in the Application regarding the matters contained in these Terms and the use, membership, and services. These become an integral part of these Terms by being published in the Application. In order to fully use all the functions of the application, you must have the latest versions of Apple or Google installed on your mobile device.

4. Rights and Obligations Regarding the Membership Processes

4.1 Lemodate offers three options for membership applications of the people who want to become a member of the Application. A person who wants to be a member can register with their phone number or register with the identification number assigned to him/her by the App Stores. After all the information requested by Lemodate is provided completely and correctly, the membership application will be completed with a double-sided verification code. If a Member creates more than one member profile with the same or different information and content, Lemodate can immediately cancel Member's all memberships without any notification to the Member, and the fee paid by the Member shall not be refunded if the Member is a Premium Member.

4.2 In order to become a member of the Application, a person must be a natural person who is over the age of 18, has not previously violated any provisions of these Terms, or his/her membership in the Application has not been terminated before due to such a violation or similar reason. At the same time, the person accepts, declares, and undertakes that he/she has no obstacles to using Lemodate services and logging in to the Application, assumes all kinds of responsibility for the selection, use of Lemodate services, and logging in to Lemodate. Persons who do not meet these conditions cannot gain the title of Member and membership rights, even if they have completed the membership registration process.

4.3 Lemodate provides the Member's access to the personal account and the Application database to be created as a result of the Member's approval, which means accepting these Terms, and accepting other warnings and referrals specified in the Application. If the Member enters the Application through his/her account on a social media platform enabled by Lemodate or through his/her App Store account, the Member accepts that he/she has given Lemodate the necessary authorizations and permissions to access the relevant social media account or App Store account within the framework of using the Application.

4.4 The created member profile is displayed in the App. However, the approval of the member profile by Lemodate does not constitute a guarantee for the accuracy, authenticity, and legal compliance of the information contained in the profile.

4.5 The Member accepts, declares, and undertakes that the private messages he/she sends to other members through the App will not be unlawful or immoral, such as including but not limited to, defamation, disparagement, calumnious statement, libel, slander, threat, harassment, or defending the harassment of another member, that will not disturb other members, violate their personal rights, violate their private life and not contain unlawful and unethical statements and offers.

4.6 Lemodate reserves the right to close the information, content, and member profiles uploaded to the system by the Members to the access of third parties, including the Members, to delete them and to cancel their membership in the cases specified in these Terms. Lemodate can exercise this right without giving any notice and time. The members are obliged to immediately implement the changes and/or corrections requested by Lemodate. Changes and/or corrections requests of Lemodate can be made by Lemodate itself if deemed necessary. The damages and civil and criminal responsibilities that arise or may arise due to the Members not implementing the change and/or correction requests of Lemodate in a timely manner belong entirely to the Members themselves. The Member agrees that in the event that a discrepancy is detected in the information and documents submitted to Lemodate or a complaint is made about the Member, a verification process regarding the Member's information can be carried out by Lemodate in order to ensure the quality of service, in this context, besides requesting additional information and documents from the Member, Lemodate can access the data that made publicly available by the Member.

4.7 Lemodate offers some of the services in the Application for free of charge and some for a fee. The provision of paid services by Lemodate and the right to use these services by the Member becomes valid on the condition that the Member purchases the application with accepting all the elements and matters regarding the pricing, including but not limited to the automatic renewal, after wanting to become a Member to Lemodate, concluding the Distance Sales Agreement on the paid services and accepting and approving these Terms by reading and understanding. The member can start using the paid services offered by Lemodate after paying the relevant fees which the Member has ratified by approving the Distance Sales Agreement, otherwise, the Member cannot benefit from the services provided by Lemodate under no circumstances whatsoever. The Member accepts, declares, and undertakes in advance that this matter is within the scope of his/her knowledge. Lemodate is solely authorized to determine the fees for the services it provides through the Application, make any discounts it deems appropriate from these fees, offer the services free of charge from time to time, or charge a fee for the services offered free of charge in the future. The Member accepts in advance that there is no right of claim in this context and that the current practices cannot be interpreted as a vested right in relation to possible future practices.

4.8 The Member accepts that the scope and pricing status of paid or free services offered through the Application, as well as the scope of Standard Membership and/or Premium Membership, can be changed by Lemodate at any time with or without noticing the Member.

5. Rights and Obligations Regarding the Premium Membership

5.1 Lemodate provides Premium Membership service, which is purchased for a certain fee and has more rights than Standard Members, apart from Standard Membership in the Application. Premium Membership fees are announced in the Application. This service validly starts after the acceptance and approval of the Premium Membership fee that is preferred by the Member is fully paid by the Member and the conclusion of the relevant Distance Sales Agreement.

5.2 Premium Members can benefit from the services specified in the Application to be provided for the Premium Membership.

5.3 The amount of the Premium Membership fee can be paid by the Member in a lump sum, or the Member can also choose the monthly payment option if there is no balance on the Member's credit card to pay the entire amount. In this second case, the first collection amount will be paid on the date of membership, and subsequent amounts will be collected from the Member at intervals of thirty (30) days from the date of Membership. In addition, in order to provide uninterrupted service to a Member who requests a Premium Membership, but whose credit card balance is not available for collecting the total amount and/or the collection amount specified above, it is possible to collect the total Premium Membership fee at different times by withdrawing the appropriate balance on the Member's credit and withdrawing the remaining amount from the credit card again on another date. In order for collections to be made within the scope of this article, the credit card information of the Member will be kept by the payment service providers offered by the App Stores.

5.4 If the relevant Premium Membership fee amount or monthly amount cannot be collected due to an insufficient balance on the Member's credit card, the Member's Premium Membership will be converted to Standard Membership until the said amount is collected. After the membership fee amount or the relevant monthly amount is collected, the Member will be entitled to use all the services that Lemodate provides, including the automatic membership renewal service, as a Premium Member again. Lemodate is not responsible for any disputes that may arise in banks regarding the collection of fees.

5.5 Premium Member accepts and declares to comply with all obligations arising from the notices and all kinds of explanations specified, published, and/or will be published in these Terms and in the Application by Lemodate. No refund shall be made to Premium Members whose right to use part or all of the Application, access to their personal accounts, messaging rights are restricted or completely blocked because they violate their obligations arising from these Terms and any notices and statements to be published and/or published by Lemodate on the Application.

5.6 Campaigns related to Premium Membership may be organized by Lemodate from time to time; and on the expiration date of Premium Membership, automatic renewal of the Premium Membership established within the scope of the campaign will be carried out on the terms set out above, and with the collection of the current Premium Membership amount by Lemodate on the automatic renewal date.

5.7 If the Premium Membership of the Member is automatically renewed by Lemodate, the membership continues with the same terms and conditions, including, but not limited to the duration and fee. In line with various campaigns or commercial decisions of Lemodate, the Member will be subject to the same terms and conditions as in the first membership in case of automatic renewal, even if Lemodate offers membership on more favourable or unfavourable terms than the terms and conditions of the first membership of the Member, whose Premium Membership is automatically renewed, the Member accepts, declares and undertakes that the current Premium Membership amount on the automatic renewal date will be collected from him/her. If the Member does not want the Premium Membership to be renewed automatically, he/she accepts, declares, and undertakes to cancel it from the cancellation section in the application stores before the expiration date of the Premium Membership. In the event that the said automatic membership renewal cancellation notice is not made within the specified time, the Premium Member cannot claim any rights and/or make any claims under any circumstances.

5.8 Lemodate is not responsible for any disputes that may arise in banks or Application Stores regarding the collection of fees under Article 5.

6. Complaints and Reporting

6.1 If it is determined by another Member that a Member has shared disturbing, obscene, and unlawful content or has used someone else's photos or personal information in an unauthorized manner, this can be reported to Lemodate.

6.2 If complaints and notifications are received 3 times about a Member by different profiles for similar reasons within 1 week for nudity, slang and other reasons within the scope of the specified procedures in 6.1, the profile of the relevant Member shall be deleted and the fee shall not be refunded in the case of Premium Membership. However, if less than 3 complaints have been received about a Member within 1 week, all complaints will be reset the next week.

7. Other Rights and Obligations of the Parties & Protection of Personal Data and Privacy

7.1 The Member is personally responsible for the use and management of all information, including the Application and Application Stores user name and password that allows the use of the Application. The Member is obliged to notify Lemodate of the unauthorized use of the Application and Application Stores username and password. Every transaction performed with the Member's Application and Application Stores username and password shall be deemed to have been carried out by the Member himself/herself, and the Member shall be solely responsible for the damages incurred by the Member and/or third parties due to the use, loss or change of hands of this information by a person other than the Member.

7.2 The Member cannot transfer his/her password and member profile to another Member or allow its use by third parties under any terms and conditions. Lemodate reserves the right to suspend or terminate the membership if it is determined that the Member profile is being used by a person other than the Member or if there is a significant suspicion of it. In the case of Premium Membership, the Member accepts that no refund will be made to him/her in such cases.

7.3 The Member accepts and undertakes not to create a membership account in such a way as to create fake profiles of another person, to be misleading or deceptive regarding his/her identity; that the information, content, photographs, pictures, and correspondence uploaded by him/her to the Application are correct and in accordance with the law; that this information, content, Photos, pictures, and private messaging will not cause any violation of rights, including the intellectual property rights of third parties; not to share any campaign and promotional content, contest, lottery, and promotional offers and announcements belonging to itself, the company or other third parties, including in private messages; or not to use the Application for commercial purposes in other ways, not to receive any information password etc. for this purpose. Also, the Member cannot send messages for advertising or commercial purposes to other members, advertise in any way, or express any political opinion, religion, etc., propagate, or publish content that encourages racism, bigotry, hatred, and physical harm against any individual or group, share sexually immoral content, promise or demand money or monetary values, or direct members to another Internet Application. The application and Lemodate services are designed for the individual use of members and cannot be used by organizations, companies, and/or businesses for any commercial or other purposes. The Member accepts, declares, and undertakes that he/she is aware that he/she should never write his/her private information, phone number, credit card number, etc. in the messages, e-mails to be sent to other members, and any text and information provided to the content of the Application. Lemodate does not guarantee the security of the information transmitted by these means under any circumstances. Information and content uploaded to the Application by the Member and contrary to these Terms and conditions and other terms and conditions contained in the Application, in particular this article, may be removed from the Application by Lemodate without giving any reason, and the Member's ability to use the Application may be partially or completely suspended or terminated due to such content. In the case of Premium Membership, the Member accepts that no refund will be made to him/her in such cases.

7.4 All kinds of legal, administrative, and criminal responsibilities regarding the contents and messages arising from the use of the Application and added by the Member to the Application belong to the Member. Lemodate cannot be held directly and/or indirectly responsible in any way for the damages incurred or to be incurred by third parties as a result of the activities carried out by the Member on the Application and/or actions against these Terms and law. Any request from third parties in this context and any damages caused by the Member's failure to fulfill the obligations set forth in the Terms shall be recourse to the Member.

7.5 The Member shall comply with the Terms and its annexes and the conditions of the Application that may be published from time to time, the Law, morality and decency, and principles of good faith in all actions to be performed on the Application and in any content uploaded to the Application, shall not engage in behaviors that may prevent the operation of the Application by any method, and in acts that violate or threaten to violate the rights of third parties. The member also declares that the content added to the Application will not contain viruses, spyware, malicious software, trojans, etc. harmful materials and the Application will not be used for purposes such as data mining.

7.6 The software, visuals and designs, texts, logos, graphics content etc. in the Application and the rights on the databases to be created by processing them or the authority to use these rights belong to Lemodate. It is strictly forbidden to copy the information and/or software used in the design, content, and database creation of the Application and/or use it beyond benefitting from the Application, to copy, distribute, and process all kinds of pictures, texts, images, files, etc. data within the Application, and use them any other way. Also, Members are strictly prohibited from; (i) any attempt that may threaten the security of the Application, prevent the software belonging to the Application from working or other Members' use of the Application, (ii) imposing a disproportionate load on the Application to produce such results; Accessing, copying, deleting, modifying or attempting to access information and content and messages published on the Application and/or entered by others without authorization; (iii) taking actions that threaten the general security of the Application and/or harm the Application, Lemodate and other Members; (iv) using, trying to use software that will prevent the Application and the software used from working, or disrupting the operation of all kinds of software, hardware and servers, causing them to break down, reverse engineer, organize attacks, engage or interfere in any other way, attempting to access Lemodate servers. All kinds of images, texts, photos and other materials published in the Application and included in the Member profiles cannot be published on other Internet websites and in media such as newspapers, television, radio, or magazines without the permission of Lemodate.

7.7 Lemodate may remove content that infringes the intellectual property rights or personal rights of third parties upon notifications sent to it by members or third parties, as well as has the right to delete Member accounts that repeat such violations and terminate the relevant memberships.

7.8 Lemodate reserves the right to unilaterally change, add to or renew Terms and the Privacy Policy as its appendix and other conditions published on the Application, reorganize the Application, change the subject, scope, and content, and stop its broadcasting at any time, without any notice and reason. The changes made by Lemodate on the Terms, Privacy Policy, and other additional documents will enter into force on the date of publication in the Application, and the Member is deemed to have accepted the current conditions by using the Application. It is assumed that the Member accepts the changes if he/she does not object to the current conditions in writing within a one-week period following publication or the Member continues to use the services during this period. If the member objects to the change, he/she has the right to cancel the standard membership immediately or indefinitely. If the Premium Member who objects to any change has more than 15 days remaining in the paid membership and Lemodate does not want to continue the membership without making the changes it wishes to make within this period, it may cancel the membership by notifying the Member 15 days in advance. In this case, the membership fee corresponding to the period when the Member did not use shall be refunded. Any objection that does not fall within the scope of this article must be made in writing to Lemodate. Any application, objection, etc. that not made in writing shall not be taken into consideration by Lemodate. The Member accepts, declares, and undertakes in advance that he/she will not be able to claim any rights against Lemodate under any circumstances if he/she does not make the relevant objection in writing.

7.9 The regulations regarding the use of member information are regulated within the scope of their personal Terms, Lemodate cannot use Member information outside the scope specified in these Terms and Privacy Terms and cannot disclose it to third parties.

7.10 The Member accepts that access to the Application may be temporarily blocked in order to implement improvements and other changes to the Application.

8. Limitation of Responsibility

8.1 Lemodate is not responsible for any direct or indirect damage that may arise due to the entry of the Application by the Member, the usage of the Application, or the information and other data in the Application programs etc. Lemodate does not accept any responsibility regarding the interruption of the transaction, deletion, loss of data, delay of the transaction or communication, computer virus, communication failure, theft, destruction or unauthorized entry, alteration, or use of records, except in cases of gross negligence. Lemodate clearly draws the attention of the Member that the protection of data in data transmission in open networks such as the Internet cannot be comprehensively guaranteed according to the current technical development and that there may be various risks in data transmission and protection. The Member accepts, declares, and undertakes that he/she is aware that he/she needs to take precautions personally for the security of the information he/she submits to the Internet.

8.2 Member is solely responsible for any damages and violations of rights that may arise due to not using the Application and the services offered in the Application in accordance with the rules and conditions set forth in these Terms and the relevant sections of the Application for any content shared on the Application; any claim and damage arising from these contents or the breach of these Terms or the actions of the Application exceeding its intended use shall be forwarded to the member or shall be recourse. The Member accepts and declares that Lemodate is not responsible for investigating the genuineness, authenticity, security, or accuracy of any content shared through the Application, including information and content provided by other members, and determining whether the sharing of these is in accordance with the law, the content of the Member may be shared by third parties on the Application or in other channels, and Lemodate is not responsible for such content, violations of the rights of the Member by third parties and any damages that may arise due to these.

8.3 The Member accepts and declares that Lemodate creates a platform for the Member to communicate with other members of interest within the rules of the Application, does not guarantee and undertake to establish a successful relationship within the membership period, and is not responsible for the failure of the Member to establish a relationship or the failure of the relationships established during the membership period, and that the Member cannot demand the cancellation of his/her membership and the refund of the payment he/she has made for this reason.

8.4 The Member accepts and declares that he/she may provide links to other websites and/or platforms, applications, files, or content that are not under the control of Lemodate through the Application, third-party services may be provided and it does not constitute any kind of declaration or guarantee for the purpose of supporting the website or the operator/service provider to which such links are directed, or for the website or the information it contains, Lemodate has no responsibility for the platforms, websites, files and content, services or products accessed through such links, or their content.

8.5 Lemodate shall not be responsible for any direct, indirect, special, incidental, or punitive damages incurred as a result of the use of the Application, to the extent permitted by applicable legislation. The Application, features and other content within the scope of the Application are presented as is, and in this context, Lemodate has no responsibility or commitment regarding their accuracy, completeness, and reliability. Lemodate does not undertake any express or implied guarantees of suitability for a particular purpose or use, or non-violation under these Terms.

8.6 The Member accepts and declares that he/she knows that Application and access to the content offered through the Application and their quality largely depend on the quality of the service provided by the relevant internet service provider, and Lemodate has no responsibility for the problems arising from the service quality in question, the functioning of the Application is not free from defects and that from time to time he/she may encounter technical disruptions or access barriers.

8.7 The Member accepts that Lemodate does not guarantee that the Application will not be free of viruses, worms, or other attacks and unauthorized access, or that information will not be transferred to or from the Application, and that Lemodate has no obligation to provide support, maintenance, updates or new versions of the software.

9. Force Majeure

In all cases deemed as force majeure, the Parties cannot be held responsible for the late or incomplete performance or non-performance of any of their actions determined by these Terms. Force majeure shall be interpreted as; events that occur beyond the reasonable control of the related party including but not limited to, natural disasters, riots, war, strikes, lockouts, and breakdowns arising from the failures of telecommunications infrastructure, power outages, and bad weather conditions. The activities of the Parties shall be suspended for the duration of the force majeure. In the event that the force majeure lasts longer than 1 (one) month, these Terms may be terminated by the Party whose rights cannot be performed.

10. Enforcement

The Privacy Terms, which are an integral part of these Terms and Conditions, and all Terms notified in the Application enter into force upon reading and acceptance of the Terms by the Member.

11. Suspension and Termination of the Terms

11.1 The Member may be temporarily or permanently stopped by Lemodate from using the Application if the Member fails to comply with the regulations in these Terms and the rules and conditions declared in the Application; uses the Application for any commercial purpose; Member's activities, or any content included in the Application, if any, posing a risk in terms of legal, technical and especially information security means or prejudices the personal and commercial rights of a third party, except as expressly set forth in these Terms. These Terms may be terminated by Lemodate if the breach is not remedied in response to the notification made by Lemodate. The Member cannot have any request from Lemodate for this reason. The Premium Member accepts and declares that he/she cannot request the refund of the amounts he/she has paid from Lemodate in the event of a suspension or termination of the Terms as specified.

11.2 In addition to the cases specified in these Terms, if the Member sends a message, or similar communication element of nature and quantity that would be contrary to Lemodate's principles and purposes of use during the day, Lemodate can block the current membership of the Member without specifying any reason as a result of an assessment that it will make completely on its own discreation regarding the nature and quantity of this contrary communication element. The discretion as to whether the number of messages, transmissions, or similar communication elements sent during the day is contrary to Lemodate's principles and usage purposes belongs exclusively to Lemodate. If Lemodate blocks the current membership of the Member on the grounds that the number of messages or similar communication elements is contrary to Lemodate's principles and purposes of use, Lemodate gives warning and informative notifications to the Member. In the event that the Member exceeds the limit of the number of final contrary communication elements determined by Lemodate, does not take into account the warning and informative notifications made by Lemodate, and does not fulfill the requirements, the current membership of the Member shall be completely terminated and no refund shall be made to the Member. In the event that the Member whose membership is terminated or blocked for this reason is a Premium Member, the Member may not claim any rights under any terms and conditions, and no refund shall be made to the relevant Premium Member under any terms and conditions for the period during which the relevant membership is blocked. The Member accepts, declares, and undertakes in advance that he/she has read and understood the provision set out in this article and that he/she is aware of this provision.

11.3 Lemodate may suspend or terminate the Application and/or these Terms for a period or indefinitely at any time.

11.4 If the Member's Application membership expires, the content, photos uploaded to the Application, and the information shared in his/her profile shall be deleted from the Lemodate records as stated above, and the Member agrees that he/she will no longer have access to this information if he/she re-establishes a membership for any reason.

11.5 The obligations that the Member undertakes to fulfill and the obligations arising from the protection of personal rights and privacy continue in the same way even though the membership of the Member has terminated under these Terms. By canceling the membership, the Member cannot refund the payments he/she has made, as the Member would be considered to waive from the part of the paid services he/she has paid but has not yet been used.

12. Remedies and Waiver

No waiver of any right or remedy set forth in these Terms shall be valid unless it is in writing. A waiver is effective only on the terms in which it is given, and no waiver of any provision, condition, or requirements of these Terms shall be deemed or construed as a repeated or permanent waiver of the same provision, term, or condition.

13. Dispute Resolution

In all disputes that may arise in relation to these Terms, the provisions contained in this text shall be applied first, and in matters where there are no provisions, the Laws of the Republic of Türkiye shall apply. Istanbul Anadolu Courts and Enforcement Offices shall be competent to resolve disputes arising from the application of the Terms.

14. Information and Announcements

Announcements made to members from Lemodate are made after logging in from the sections on the screen or via e-mail. Notifications to be made by members to Lemodate must be made via e-mail to info@lemodate.com unless additional methods are specified in these Terms. info@lemodate.com