Please read the terms and conditions below (the "Terms" or "T&C") carefully. These Terms apply to all users of the HeartUp mobile application (the "App" or the "Services") ("You" or "Member") provided by Catch Yazılım Limited Şirketi (the "Company", "us" or "we"), registered at Maslak Mah. Büyükdere Cad. Uso Center No: 245/27, Sarıyer, İstanbul, Türkiye, insofar as no individual contractual agreement has been made. If you have any questions or concerns about these Terms, please contact us at heartup@catchmobiletech.com.
You may access these Terms within the App at any time, enabling you to view, download, save and read them whenever you wish.
By accessing or using the App, you also accept and acknowledge our Privacy Policy, which explains how we collect, use, and sometimes share your personal information with third parties when necessary, and explains the ways you can control your information and your rights under applicable data protection laws.
HeartUp measures your heart rate (pulse), heart rate variability (HRV) and stress level using your device's camera and flash, and provides related insights, history and reports. The information and content we provide have a general advisory and informative nature. We cannot be held liable for the Services or any recommendation or information we provide through the App.
Our Services are intended for private and personal use only. If we determine, at our sole discretion, that the App has been used outside of private and personal purposes, we may suspend or permanently terminate the membership of such a Member.
You must be at least 13 years old to use our Services. Members who are not older than 18, or the legal age in their jurisdiction, must (i) have their parent or legal guardian review and agree to these Terms, and (ii) use our Services under the supervision of their parent or legal guardian. Parents or legal guardians agreeing to these Terms on behalf of such a Member accept full responsibility for that Member's use of the Services.
Our Services are intended for use only by Members who are in good health condition. It is possible that you may have a health condition you are not aware of. We encourage all Members to seek medical consultation prior to using our Services and not to disregard professional advice as a result of our Services. You may only use the App if you represent and warrant that:
In order to use and benefit from the Services, you must create an account by following the registration instructions in the App. With registration, you declare that (i) you are legally competent to enter into binding contracts; (ii) all registration information you submit is true and accurate; (iii) you will be responsible for the accuracy and completeness of such information in the future; and (iv) your use of the Services does not violate any applicable law.
Our Free Membership option does not require any payment but provides access to limited content and/or features only ("Free Services"). We may suspend, change, limit, or terminate the Free Membership for any reason at any time and without notice.
Premium Membership provides additional content, features and/or functions not available through Free Services ("Paid Services"), for a specified period or recurring periods, for a fee ("Paid Subscription"). A Premium Membership does not necessarily entitle you to full access to all Services unless otherwise explicitly specified during your purchase. Paid Subscriptions may be purchased directly from us or through a third-party platform (such as the Apple App Store or Google Play Store), in which case the additional terms of that third party will also apply.
We reserve the right to change our pricing terms for Paid Memberships at any time. If required by applicable law, we will notify you and, where required, seek your consent before a price increase takes effect. Any price change will take effect at the start of the subscription period following the date of the price change. If you do not agree with a price change, you may reject it by unsubscribing from the Paid Membership before the change takes effect.
If you purchase a Paid Subscription with a recurring fee, the subscription will renew automatically at the end of each subscription period. If you purchased directly from us, you must send your cancellation request to heartup@catchmobiletech.com before the end of the subscription period to avoid being charged for the next period. If you purchased through a third party, such as the Apple App Store or Google Play Store, you must cancel directly with that third party.
Cancellation takes effect for the following recurring period, not the then-current period; you will not be refunded for the current subscription period but will continue to receive the Paid Services until the end of that period.
You may be offered a free trial of Premium Membership ("Trial") for a specific period. We make no representation that Trials will always be offered or that all Premium features will be included in any Trial.
If you provide payment details to activate a Trial, you agree and acknowledge that you will be charged the applicable subscription fee unless you cancel before the end of the Trial period. If you activated the Trial through a third party, such as the Apple App Store or Google Play Store, you must cancel through that third party in accordance with its own cancellation and refund policies.
Our Services are deemed "services immediately performed on an electronic platform," which do not grant a right of withdrawal; accordingly, no refunds are possible under Article 15 of the Turkish Regulation on Distance Contracts (Official Gazette dated 27 November 2014, No. 29188). The general terms of the Apple App Store or Google Play Store apply to purchases made through those platforms.
If you made your purchase through the Apple App Store, you may only request a refund from Apple. We are not able to process refund requests for purchases made through the Apple App Store. For more information, see support.apple.com/en-us/HT204084.
If you made your purchase through Google Play Store, you may request a refund directly from Google under certain circumstances. If Google rejects your refund request, we are also unable to refund you. For more information, see support.google.com/googleplay/answer/2479637.
Without making any guarantees, we may, at our discretion, offer complimentary refunds under certain conditions for purchases made directly through us (not through the Apple App Store or Google Play Store).
You may request a complimentary refund within 30 days of your purchase, provided the purchase was conducted directly with us. As explained above, purchases made through Apple App Store or Google Play Store must be refunded through those platforms, respectively.
We do not guarantee acceptance of refund requests. We review such requests at our sole discretion based on criteria such as time spent using the App and features accessed.
Refund requests must be made to heartup@catchmobiletech.com. We will do our best to respond as soon as possible, though we cannot guarantee a specific timeframe.
We may request additional information from you during the review process, such as your feedback, the grounds for your dissatisfaction, and the date and time of your purchase. You agree to provide accurate and complete information and not to hold us responsible for delays or denials resulting from incomplete or inaccurate information.
We may suspend, modify, or terminate this complimentary refund policy at any time.
We do not process payments directly; purchases are billed through a third-party payment processor (the "Payment Processor"), such as Apple or Google. We do not store full payment information, though we may retain limited data (e.g., the last four digits of a card) as necessary to confirm or refund payments or for legal reasons. By using Paid Services, you authorize us, through the Payment Processor, to charge your chosen payment method for all applicable fees.
You must promptly notify us or the Payment Processor if your payment method is cancelled, lost, or stolen, or if you become aware of any unauthorized use of your account or credentials.
Your bank or card issuer may charge additional fees (e.g. currency conversion fees), for which we are not responsible.
The Services and the App are provided on an "as is" and "as available" basis. We make no warranties of any kind, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. We do not warrant that the App will be uninterrupted, timely, secure, or error-free.
We reserve the right to remove, alter, or modify any content or feature available through the App at any time.
The Services are not designed or intended to diagnose, treat, cure, or prevent any disease or medical condition.
WE ARE NOT A HEALTHCARE PROVIDER. NONE OF THE CONTENT OR INFORMATION PROVIDED THROUGH THE APP SHOULD BE USED IN PLACE OF ADVICE FROM A HEALTHCARE PROFESSIONAL OR PHYSICIAN, AND NONE OF IT CONSTITUTES MEDICAL ADVICE. HEALTH-RELATED QUESTIONS SHOULD BE DIRECTED TO A MEDICAL PROFESSIONAL. IN CASE OF EMERGENCY, CONTACT YOUR PHYSICIAN OR THE EMERGENCY HOTLINE AVAILABLE IN YOUR COUNTRY IMMEDIATELY.
By using the App, you represent and warrant that (i) you have consulted a health professional prior to using the App where appropriate, (ii) you are in good health with no condition that may pose a risk in connection with your use of the App, and (iii) you release the Company and its affiliates from any claims arising out of or in connection with your use of the App.
We grant you a non-exclusive, non-sublicensable, non-transferable, revocable right to access and use the App solely for the purposes described in these Terms. You may not copy, modify, reverse-engineer, scrape, or create derivative works based on the App or its content without our prior written consent.
The App may allow you to provide content to us (e.g. feedback or support attachments). Such content remains your property, but you grant us a non-exclusive, royalty-free, worldwide license to use it in connection with operating and improving the Services. Please refer to our Privacy Policy for more information on how we handle user-provided content.
You agree to indemnify and hold harmless the Company, its officers, directors, employees and agents from any claims, liabilities, damages, losses, and costs arising out of or connected with (i) your access to or use of the App, or (ii) your violation of any provision of these Terms.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE AND DISCLAIM LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS.
Our total cumulative liability in connection with the Services and the App will not exceed the fees you have paid to us, and if no fees have been paid, will not exceed TRY 50.
We may transfer or assign these Terms, in whole or in part, to any third party at our sole discretion, and may use third-party contractors to perform services on our behalf. You may not assign, delegate, or transfer your rights or obligations under these Terms.
Should any provision of these Terms be held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Any dispute arising from these Terms will be settled by the courts and enforcement offices of Istanbul, Türkiye. Members who qualify as consumers acting for non-commercial purposes may apply to consumer courts or tribunals.
These Terms will constitute evidence for the resolution of disputes in accordance with Turkish Civil Procedural Law.
We reserve the right to make changes to these Terms, our Privacy Policy, and any other policies at any time without prior notice.