Terms of Service
Please read these terms carefully
Last Updated: October 18, 2026
Welcome to OtherMy!
We are delighted to have you here. These Terms of Service ("Terms") govern your access to and use of OtherMy and the software, content, features, and services (collectively, "Services") offered through: the OtherMy app for iPhone and iPad (the "App"), OtherMy for Family (a web page that lets family members without an iPhone use the parts of OtherMy that were shared with them), and our website www.othermy.com (the "Website").
Please read these Terms carefully before you begin using the Services.
The terms "OtherMy," "we," "us," or "our" refer to EDROIDA GÖRSEL TEKNOLOJİ HİZMETLERİ LTD. ŞTİ., a limited liability company organized under the laws of the Republic of Türkiye, with its registered office located at PETROL İŞ MAH. AKGÜN SK. AHMET BEY APT NO: 46, İÇ KAPI NO: 1, KARTAL / İSTANBUL, TÜRKİYE.
The term "Device" refers to any device used to access the Services, such as an iPhone, an iPad, or a computer with a web browser.
The term "you" or "User" refers to the individual accessing or using the Services. The Services are for personal use by individuals.
When you start using the App, create an account, or otherwise access or use the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
Our primary contact email address is support@othermy.com. All correspondence to OtherMy, including any queries regarding your use of the Services or these Terms, should be sent to this address. For privacy-specific inquiries, you may contact privacy@othermy.com. For general business inquiries, you may reach us at info@edroida.com.
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND OTHERMY AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND YOU AND OTHERMY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU MAY OPT OUT WITHIN THIRTY (30) DAYS. PLEASE READ SECTION 12 CAREFULLY.
1. OUR SERVICES
OtherMy lets you build an AI copy of yourself ("Digital Copy" or "copy") that writes, and with the right plan speaks, the way you do, from what you share with it: your answers, the people in your life, your memories, photos and recordings. You can leave your copy and messages to the people you choose, and you can make copies of people you love.
1.1. Nature of Services
OtherMy is a technology platform that provides AI-based conversational services. The Services include:
- Your Copy: a first interview and the questions, person cards, memory cards, recordings and Copy Tests in Improve My Copy, from which your copy learns how you write, talk and remember.
- Text and Voice Conversations: chatting with copies and, on plans that include them, calling copies that have a voice.
- Summaries About You: AI Insights, Personality Story and Voice Story, written for you from your own conversations.
- Guardians and Messages for the Future: people you trust who can look after your copy if something happens to you, and messages delivered on a date, an occasion or by your guardians.
- Copies for Someone Else: copies of people you love, made from what you remember, their messages and their voice, which you can build together with family.
- For My Child: a private notebook for a child's first words and moments.
- Family Tree: your family drawn as a tree, which you can connect with relatives who use OtherMy.
- Sample Copies: conversations with made-up people from sample families, to see how a copy feels.
- OtherMy for Family: a web page where family members without an iPhone can use what was shared with them.
The features available to you depend on your plan (Section 2.4).
1.2. Medical and Therapeutic Disclaimer
OTHERMY IS NOT A HEALTHCARE PROVIDER, MENTAL HEALTH SERVICE, MEDICAL DEVICE, OR SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHIATRIC, OR THERAPEUTIC CARE.
OtherMy is designed for memory, connection and self-reflection. It does not provide medical diagnosis, treatment, therapy, counseling, crisis intervention, or professional mental health services. The Services are not intended to replace, supplement, or serve as a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider. A copy of someone who has passed away is not that person, and it is not a way to grieve in place of the people and professionals around you.
You acknowledge and agree that:
- OtherMy's AI responses are generated by algorithms and do not constitute professional advice of any kind.
- Any information or suggestions provided by the Services are for personal and informational purposes only.
- You should always seek the advice of a qualified healthcare professional with any questions you may have regarding a medical condition, mental health concern, or treatment.
- OtherMy makes no claims, representations, warranties, or guarantees that the Services provide any therapeutic, medical, or clinical benefit.
- Reliance on any information provided by the Services is solely at your own risk.
1.3. Emergencies and Crisis Situations
THE SERVICES ARE NOT DESIGNED FOR USE IN EMERGENCIES OR CRISIS SITUATIONS.
If you believe you are experiencing a medical or mental health emergency, including but not limited to thoughts of self-harm, suicide, or harm to others, you must immediately:
- Call emergency services (911 in the United States, 112 in Türkiye and Europe, or your local emergency number).
- Go to the nearest emergency room or clinic.
- Contact a crisis line (such as the 988 Suicide & Crisis Lifeline in the United States, by calling or texting 988, or comparable services in your jurisdiction).
You must discontinue use of the Services immediately and seek professional help if you:
- Are considering or planning suicide or self-harm.
- Feel that you are a danger to yourself or others.
- Are experiencing a severe mental health crisis.
- Are experiencing acute symptoms of any medical or psychiatric condition.
OtherMy and its personnel are not equipped to provide emergency intervention, crisis counseling, or immediate safety assistance. Any delay in seeking appropriate emergency care could result in serious harm or death.
1.4. Age Restrictions
The Services are intended solely for individuals who are sixteen (16) years of age or older. If you are under the age of 16, you may not use the Services in any manner, with or without parental consent. The App asks the year you were born before first use. We do not knowingly collect personal information from individuals under 16. If we discover that a User under 16 has provided us with personal information, we will promptly delete such information and terminate the associated account. Parents or legal guardians who believe their child under 16 has accessed the Services should contact us immediately at privacy@othermy.com. A child's notebook in For My Child is kept by an adult User about their child; the child does not use the Services.
1.5. Modifications to the Services
We may modify, suspend, or discontinue the Services (or any feature, function, or component thereof). Such modifications may include:
- Adding, removing, or altering features, functionality, or content.
- Changing plans, limits, or prices for future purchases and renewals (Section 2.5).
- Implementing new technologies, algorithms, or AI models.
- Making certain features available only on certain plans or in certain countries.
- Performing maintenance, upgrades, or security updates.
If a change materially reduces what you have already paid for, we will tell you in the App in advance where we reasonably can, and you may cancel a subscription before it renews. We are not liable to you for modifications that these Terms permit, except as required by applicable law.
Closing the Services. If we decide to permanently close the Services as a whole, we will tell you by email and in the App at least ninety (90) days before they close. Until the last day, you (and your guardians, if your Digital Copy has passed to them) will be able to download your User Content, including your photos and recordings, through Download My Data in a format that can be opened without the Services. This does not limit our right to suspend or terminate individual Accounts as described in these Terms.
2. ACCOUNTS, PLANS, AND PURCHASES
2.1. Guest Use and Accounts
You can start using the App as a guest, without giving us your name or contact details. Some features, such as guardians, Messages for the Future, purchases and sharing, need a registered account ("Account"), which you create with Sign in with Apple, Sign in with Google, an email address and password, or a phone number. What you do as a guest is moved to your Account when you register on the same Device; if you sign in to an existing Account instead, the App tells you that the guest data will be deleted. You agree to:
- Provide accurate information and keep it up to date.
- Not create an Account using false, misleading, or fraudulent information, or impersonate any person or entity.
- Not create multiple Accounts for the purpose of abuse, fraud, or circumventing limits.
Your information is handled as described in our Privacy Policy.
2.2. Account Security and Responsibility
You are responsible for keeping your Device and your sign-in methods secure. You agree to:
- Use a strong, unique password if you sign in with email and password.
- Immediately notify OtherMy at support@othermy.com of any unauthorized access to your Account or any other security breach.
- Not share your sign-in details with any third party.
- Sign out of OtherMy for Family when you use a shared or public Device.
You are responsible for activities under your Account that result from your failure to keep your sign-in methods secure. Your Account is personal and non-transferable; you may not sell, transfer or assign it.
2.3. Communications
We send messages that are part of the Services: in-app notices, push notifications you allow, security and account notices, and the invitations and messages the features send on your behalf (for example to your guardians or the recipients of your Messages for the Future). You can choose which reminders you receive in Settings → Notifications and turn push notifications off in your Device settings. We send promotional messages only if you agree to receive them, and you can stop them at any time.
2.4. Plans and Purchases
The App shows the plans and purchases currently available, what each includes, its limits, and its price in your currency, before you buy. As of the date of these Terms:
- Guest and Free Account: use of the core features with low monthly limits, at no charge.
- Basic, Pro and Premium: paid plans, each offered as a monthly subscription, a yearly subscription, or a one-time "lifetime" purchase. Higher plans include more messages, longer replies, more memories and recordings, guardians and Messages for the Future, and, for Pro and Premium, voice minutes; a voice for your copy requires Premium.
- Lifetime plans: a lifetime plan is paid once and lasts for as long as OtherMy operates the Services (not for your lifetime or any other person's). Its monthly limits are shown in the App and may be lower than those of the matching subscription.
- Packs: one-time purchases that add a fixed amount, such as messages, voice minutes, memory cards, recording minutes, questions, or a copy for someone else. Packs do not expire while your Account exists, are used up as you use them, and cannot be transferred. Voice minutes bought for a copy that has passed to its guardians can be used only for that copy.
- Family Access: a subscription or a five-year purchase that lets you keep talking with copies in your care after they have passed to their guardians.
- Family Legacy: a one-time purchase, available to Pro and Premium members with at least five people who can reach their copy (people they approved, or their active guardians). It gives you Premium for as long as OtherMy operates the Services, with the monthly limits shown in the App, and pays for a family circle: up to twenty-five of the people who can reach your copy, in the order they were given access, can talk with your copy, and with the copies you made for someone else that they can reach, within monthly limits shown in the App, and share a monthly pool of voice minutes, also after your copy has passed to its guardians. If someone leaves the circle, their seat can be taken by someone else only ninety (90) days later. When the circle's monthly allowance for the better model is used up, conversations continue with a faster model until the next month. If Apple refunds Family Legacy, it ends at once and what it opened is undone: the people who were given access to your copy or became your guardians after the purchase lose that access or role, what you and the circle used this month counts against your own plans, and you return to the plan you had before.
- Gifts: a yearly or lifetime Pro or Premium plan bought for someone else. The purchase becomes a single-use code that the person you give it to enters in the App to receive the plan on their own Account. Gifts do not renew, and the giver does not receive the plan.
- Offers: Apple may offer a free trial or a lower first price, offer codes, or return offers, as shown in the App at the time of purchase.
Monthly allowances renew each month and do not carry over. Some plans use a faster AI model, and if the AI usage included in your purchases runs out in a month, conversations continue with a faster AI model; the App tells you when this happens. Allowances from everything you hold add up, and the highest plan you hold is the one in use.
2.5. Billing, Automatic Renewal, and Price Changes
All purchases are made through Apple's App Store with your Apple Account, and Apple processes the payment. We do not receive or store your payment details.
For subscriptions: payment is charged to your Apple Account when you confirm the purchase. A subscription renews automatically for the same period at the then-current price unless you turn off automatic renewal at least twenty-four (24) hours before the end of the current period. Your Apple Account is charged for the renewal within the twenty-four (24) hours before the current period ends. You can manage and cancel subscriptions in your Apple Account settings (in the App: Subscription → Manage Subscriptions). If you take a free trial, you are charged when it ends unless you cancel at least twenty-four (24) hours before; any unused part of a free trial ends when you buy a subscription in the same group.
If Apple cannot collect a renewal, you keep access during Apple's billing grace period; if payment still fails, the plan ends. Price changes apply only to future renewals and are communicated and, where required, confirmed through Apple before they apply. Cancelling stops the next renewal; you keep the plan until the end of the period you have paid for.
2.6. Changing or Ending a Plan
- You can move to a higher plan at any time; Apple applies the change and any proration according to its rules. A move to a lower subscription takes effect at the next renewal.
- When a plan ends or you move to a lower one, nothing you created is deleted. What goes beyond the new plan's limits (for example answers, people, memories, recordings, imported chats, or copies for someone else) is locked, newest first: it is kept and shown with a lock, but your copy does not use it and it cannot be edited until you move up again or delete newer items to make room. Guardians and Messages for the Future are never locked.
- A copy's voice needs Premium. Below Premium the voice is put away and comes back by itself when Premium returns; your recordings are kept.
- The App tells you before you leave for Apple's subscription page what a lower plan would lock.
2.7. Refunds
Refunds for purchases made through the App Store are handled by Apple under its policies; you can request one at reportaproblem.apple.com. We cannot issue refunds ourselves. If Apple refunds a purchase, what it gave is taken back: a refunded subscription or lifetime plan ends, a refunded pack is removed (and its amount is deducted if already used), and a refunded gift code stops working or, if it was already redeemed, the plan it gave ends. Only the person who bought a gift can request its refund. Nothing in these Terms limits any right to a refund or other remedy that applicable consumer law gives you, including for a purchase that is defective or not as described; you may also contact us at support@othermy.com.
2.8. Device and System Requirements
The App requires an iPhone or iPad with a supported version of iOS or iPadOS, as listed on its App Store page. OtherMy for Family requires a current web browser. An internet connection is needed for most features.
3. ACCOUNT TERMINATION AND DATA DELETION
3.1. Termination by User
You may delete your Account and stop using the Services at any time by:
- Deleting your Account via the "Delete Account" option in the App (Settings → Delete Account, also available under Profile → Delete Account).
- Sending a deletion request to privacy@othermy.com.
Account deletion is permanent and irreversible. Upon deletion, all data associated with your Account, including your Digital Copy, conversation history, memory data, media, and profile information, will be permanently erased from our active systems immediately when you delete your Account in the App (or within thirty (30) days of a verified email request), and residual copies in our cloud providers' encrypted backups are removed on their standard deletion cycles, in accordance with our Privacy Policy. Before you delete, you can download your data with Download My Data.
Deleting your Account does not cancel an App Store subscription; cancel it in your Apple Account settings. Unused packs, unused allowances and gift codes you have not given away end with your Account. Subscriptions and lifetime plans belong to your Apple Account, so after you delete your Account you can restore them to a new Account with Restore Purchases, signed in to the same Apple Account.
3.2. Termination or Suspension by OtherMy
We may suspend, restrict, or terminate your Account or access to the Services if we reasonably believe that:
- You have violated these Terms or any applicable law, regulation, or third-party rights.
- You have engaged in fraudulent, abusive, harmful, or illegal activity.
- You have uploaded or transmitted prohibited content (as defined in Section 6).
- You have impersonated, harassed, or threatened other Users or OtherMy personnel.
- You have attempted to reverse-engineer, hack, exploit, or compromise the security or integrity of the Services.
- Your conduct poses a serious risk to the Services, other Users, or OtherMy, or we are required to do so by law.
Where reasonable and lawful, we will tell you why and give you an opportunity to respond, and you may contest a decision by writing to support@othermy.com. If we terminate your Account for a serious or repeated violation, you will not be entitled to a refund except as required by law. We may report suspected illegal activity to the appropriate authorities. If we terminate your Account for a reason that is not your fault, we will give you the opportunity to download your data first.
3.3. Guardians, Legacy Access, and Messages for the Future
With a registered account (not a guest account), you may name guardians (up to the number your plan allows) and choose who else may reach your Digital Copy. By using these features, you agree that:
- A guardian may ask for access to your Digital Copy if something has happened to you. We notify you in the App, by push notification, and by email, and remind you regularly; you can cancel the request at any time within thirty (30) days.
- If you do not respond within thirty (30) days, your Digital Copy passes to your guardians. They may then talk to your Digital Copy, read your Personality Story, decide who else may reach it, deliver your Messages for the Future, and close your Account. If you sign in again later, you can take your Account back.
- If your guardians close your Account, it is deleted after seven (7) days unless a guardian stops it. Messages for the Future that were delivered but not yet opened, and dated messages still waiting for their day, are kept for up to one (1) year so their recipients can still receive and open them, as described in our Privacy Policy.
- People you approve through your copy code or QR code may talk to your Digital Copy. You can remove their access at any time.
- You are responsible for choosing guardians and approved people you trust. OtherMy does not verify the circumstances behind a guardian's request and is not responsible for decisions your guardians make within the permissions described here.
Messages for the Future are delivered on the date, event, or guardian action you choose. A recipient who opens a message receives their own copy, which remains theirs even if your Account is later deleted. When you add a guardian, a person who may reach your Digital Copy, or a message recipient, you confirm that you are entitled to share their contact details with us for that purpose.
3.4. Voice Recordings and Voice Clones
Voice features let your Digital Copy speak in a synthetic voice created from recordings. By using them, you agree that:
- You may upload recordings of your own voice, or of another person's voice only if you have that person's consent or another legal right to do so (for example as their legal heir). Before any voice other than your own is cloned, you confirm this in the App; your confirmation, its time and your account are recorded.
- You are solely and fully responsible for the recordings you upload and for having the necessary consent and rights. You agree to indemnify and hold OtherMy harmless from any claims, damages, fines and costs, including reasonable legal fees, arising from a voice you uploaded without the required consent or right.
- Voices may be used only privately inside the App. You may not use them to impersonate anyone, to deceive, defraud or harass, or to create content presented as a real recording. Audio generated with someone else's voice cannot be downloaded or shared, and AI-generated speech is labelled as such.
- After a copy is released to its guardians, talking in that person's voice needs minutes bought for that person (one-time purchases that never expire and can't be used for anyone else), whatever your own plan.
- Voice calls are conversations with an AI copy, not with the person. The copy can be wrong, and nothing it says on a call is the person's own statement, consent or instruction. Only people the owner has approved can call a copy, and calls use the minutes of the caller's plan first, then a limited share of the owner's.
- Anyone may report a voice they believe was uploaded without consent by writing to support@othermy.com. We may remove a reported voice immediately while we review the report, and we may suspend accounts that misuse voice features.
- Voices of people other than you are created only with instant voice cloning; high-fidelity professional voice cloning is available only for your own voice and requires your verification.
- Voice features are provided with our voice provider, ElevenLabs, whose usage policies also apply.
3.5. Copies for Someone Else
You can make a copy of someone you love (a parent, a grandparent, a friend) from what you remember, their messages and their voice. By making one, you agree that:
- You may make a copy of a living person only with their knowledge and consent, and of a person who has passed away only if you are their family or otherwise have the right to keep their memory this way. Your confirmation, its time and your account are recorded.
- You are solely responsible for what you share about them, including chats you upload, and for having the right to share it. Chats you upload may contain messages from other people; we keep only the messages of the person the copy is of and delete the rest of the file right away.
- Only you can reach the copy, together with up to five people you invite and confirm to help build it. What helpers add becomes part of the copy and stays in it if they leave; only you can delete the copy, rename it, or decide who it is shared with. If your own copy passes to your guardians, they look after the copies you made, as described in Section 3.3.
- A copy for someone else is an AI made from what you share. It is not the person, it can be wrong, and nothing it says is the person's own statement.
- Anyone may report a copy they believe was made without the required consent or right by writing to support@othermy.com. We may remove a reported copy while we review the report.
- In the App, you can report anything another person sends you (an access request, a family-tree request, a message, or a copy you talk with) and block that person. We review reports within 24 hours, remove content that breaks these Terms, and may suspend or close the accounts responsible. Blocked people can no longer ask for your copy, send you family-tree requests, or reach your inbox.
3.6. For My Child, Family Tree, and Sample Copies
- For My Child: you may keep a notebook only about a child for whom you are a parent or legal guardian. A notebook is private to you and is not used to build or teach any copy.
- Family Tree: you may add only people you are entitled to name. Two trees are joined only when the other person accepts, and either of you can separate them at any time.
- Sample Copies: sample copies are made-up people in made-up families, written by us to show how OtherMy works. Any resemblance to real persons is coincidental. Conversations with sample copies have daily limits, are not used for your own copy, and may be changed or removed at any time.
4. INTELLECTUAL PROPERTY RIGHTS
The Services, including all software, source code, algorithms, designs, text, graphics, logos, trademarks, audio, and other content created by or on behalf of OtherMy (excluding User Content, as defined in Section 5), are the exclusive property of EDROIDA GÖRSEL TEKNOLOJİ HİZMETLERİ LTD. ŞTİ. and its licensors, and are protected by Turkish and international copyright, trademark, patent, trade secret, and other intellectual property laws. "OtherMy," the OtherMy logo, and all related names, logos, and slogans are trademarks of EDROIDA. You may not use, copy, reproduce, modify, distribute, or create derivative works of any part of the Services without our prior written consent.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include any right to: (a) resell or make commercial use of the Services; (b) reverse-engineer, decompile, or disassemble any portion of the Services, except to the extent the law allows this despite this restriction; (c) remove any copyright, trademark, or other proprietary notices; or (d) use any data mining, robots, or similar data-gathering tools on the Services.
Outputs generated by your Digital Copy in response to your messages are provided to you for your personal use, subject to these Terms. Because such outputs are generated by AI systems, similar or identical outputs may be generated for other users in different contexts, and we make no representation that any output is unique to you.
5. USER CONTENT AND LICENSE GRANT
"User Content" means any text, images, voice recordings, videos, answers, chats, or other material you submit, upload, or provide to the Services. You retain all ownership rights in your User Content.
By submitting User Content, you grant OtherMy a worldwide, non-exclusive, royalty-free license, which we may sublicense only to the service providers named in our Privacy Policy, to host, store, reproduce, process, and use your User Content solely to the extent necessary to: (a) operate and provide the Services to you and to the people you choose to share with; (b) build, personalize, and maintain your own Digital Copy and the copies you make; and (c) comply with applicable law. This license ends when you delete the relevant content or your Account, except to the extent retained in encrypted backups for the period described in our Privacy Policy, for messages already delivered to their recipients, or as required by law.
You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; (b) your User Content does not infringe or misappropriate any third party's intellectual property, privacy, or other rights; and (c) your User Content complies with Section 6 (Prohibited Conduct and Content) below. This includes information, photos, and recordings about other people that you add to person cards, memory cards, or messages: add them only if you are entitled to, and remove them if the person concerned asks you to. Recordings on your own copy must be of your own voice.
We do not claim ownership of your User Content and do not use it to train AI models shared across other users or made publicly available.
6. PROHIBITED CONDUCT AND CONTENT
You agree not to use the Services to create, upload, transmit, or facilitate any content or engage in any conduct that:
- Is unlawful, defamatory, obscene, pornographic, harassing, threatening, hateful, or discriminatory;
- Infringes any patent, trademark, trade secret, copyright, right of publicity or privacy, or other intellectual property or proprietary right of any party;
- Impersonates a real, living individual without their explicit consent, or creates a Digital Copy of a real person (living or deceased) without the legal authority or consent required to do so;
- Depicts or promotes child sexual abuse material, self-harm, suicide, terrorism, or violent extremism;
- Contains malware, viruses, or other harmful code, or attempts to gain unauthorized access to the Services, other accounts, or any connected systems;
- Involves scraping, data-mining, or bulk-extracting content or data from the Services without our prior written consent;
- Attempts to circumvent usage limits, plans, safety measures, or other technical restrictions; or
- Violates any applicable local, national, or international law or regulation.
We do not read your private conversations as a matter of course. We review the reports we receive and act on them as described in Section 3.5, but we do not guarantee that all prohibited content will be detected or removed. We may remove or disable access to any User Content or Account that we reasonably believe violates this Section, and take the actions described in Section 3.2 (Termination or Suspension by OtherMy).
7. DISCLAIMERS AND WARRANTY EXCLUSIONS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, OTHERMY DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) AI-GENERATED RESPONSES WILL BE ACCURATE, COMPLETE, OR RELIABLE; (C) ANY DEFECTS WILL BE CORRECTED; OR (D) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION GENERATED BY A DIGITAL COPY, ENTIRELY AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, and you may have additional rights under applicable law.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTHERMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF OTHERMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OTHERMY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY US DOLLARS (USD 50).
THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER MANDATORY CONSUMER PROTECTION LAWS APPLICABLE TO YOU.
9. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless OtherMy and its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of: (a) your User Content; (b) your violation of these Terms; or (c) your violation of any rights of a third party. We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
10. GOVERNING LAW AND VENUE
Except as set out in Section 12 (Arbitration Agreement and Class Action Waiver), these Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to its conflict-of-laws principles, and the courts of İstanbul, Türkiye shall have exclusive jurisdiction. This choice of law and courts does not deprive you of the protection of the mandatory laws of your country or state of residence, or of any right under those laws to bring proceedings in your local courts.
11. CHANGES TO THESE TERMS
We may revise these Terms from time to time, for example to reflect changes to the Services or the law. If we make material changes, we will tell you in the App, and by email where we have your address, at least thirty (30) days before the changes take effect, except where a shorter period is required to comply with law or address an urgent security or legal issue. The "Last Updated" date at the top of these Terms indicates when they were last revised. If you do not agree to the revised Terms, you may stop using the Services, cancel your subscription and delete your Account as described in Section 3.1 before the changes take effect; if you keep using the Services after that date, the revised Terms apply to you. Changes do not apply to disputes that arose before they took effect.
12. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY: IT AFFECTS YOUR LEGAL RIGHTS.
12.1. Agreement to Arbitrate. To the extent permitted by mandatory law applicable to you, you and OtherMy agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") will be resolved through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court. Before starting arbitration, the party with a Dispute will first write to the other (for us, at support@othermy.com) describing it, and both will try in good faith to resolve it informally for thirty (30) days.
12.2. Exceptions and Consumer Protections. This arbitration agreement does not apply, and either party may bring a claim in court, if: (a) mandatory consumer protection law applicable in your country or state of residence prohibits pre-dispute binding arbitration or class action waivers for consumer contracts (in which case Section 10 (Governing Law and Venue) applies instead); (b) the dispute concerns the ownership, validity, or infringement of intellectual property rights; or (c) either party seeks injunctive or other equitable relief for unauthorized use or abuse of the Services.
12.3. Class Action Waiver. To the extent arbitration applies under this Section, you and OtherMy agree that any Dispute will be resolved solely on an individual basis, and that neither party may bring a Dispute as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
12.4. Arbitration Procedure. If you live in the United States, the arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, before a single arbitrator, in English, in the county where you live or by video conference, and your share of the fees will not exceed what those rules provide for consumers. If you live elsewhere, the arbitration will be administered by the Istanbul Arbitration Centre (ISTAC) under its rules then in effect, before a single arbitrator, in English or Turkish at the election of the party initiating arbitration, with its seat in İstanbul, Türkiye, and hearings may be held by video conference. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
12.5. Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@othermy.com within thirty (30) days of first accepting these Terms, stating your name, Account email or other sign-in, and a clear statement that you wish to opt out of arbitration. If you opt out, Section 10 (Governing Law and Venue) will apply to any Dispute instead.
13. GENERAL PROVISIONS
13.1. Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and OtherMy regarding the Services and supersede any prior agreements.
13.2. Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
13.3. No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
13.4. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, provided your rights under these Terms are not reduced.
13.5. Force Majeure. OtherMy will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, labor disputes, internet or telecommunications failures, or third-party service outages.
13.6. Notices. We may provide notices to you via email, in-app notification, or posting on the Website. You may provide notices to us at support@othermy.com or the postal address listed above.
13.7. Language. These Terms are written in English. Where we provide a translation, it is for your convenience; in case of any conflict or inconsistency, the English version shall prevail, except where mandatory local law requires the local-language version to govern for consumers in that jurisdiction.
14. APP STORE TERMS
If you downloaded the App from Apple's App Store, the following also applies:
14.1. These Terms are between you and EDROIDA only, not with Apple Inc. ("Apple"). EDROIDA, not Apple, is solely responsible for the App and its content.
14.2. Your license to use the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions..
14.3. EDROIDA is solely responsible for any maintenance and support of the App, as set out in these Terms or required by law. Apple has no obligation to furnish any maintenance or support services for the App.
14.4. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are EDROIDA's responsibility, to the extent these Terms do not exclude them.
14.5. EDROIDA, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation..
14.6. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, EDROIDA, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim..
14.7. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
14.8. Questions, complaints or claims about the App go to EDROIDA at the address above or support@othermy.com..
14.9. You must comply with applicable third-party terms when using the App, such as your mobile carrier's terms..
14.10. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary..
This document constitutes the complete Terms of Service governing your use of OtherMy. The most current version is always available within the App and at www.othermy.com/terms.html. Questions can be directed to support@othermy.com.
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