Terms of Service
Unshade — Last updated: May 12, 2026
Important Notice: This English version is the primary international version of these Terms. A local-language version may be binding for users in that locale where mandatory consumer, privacy, or transparency law requires it. If a translation conflicts with this English version, the English version controls only to the maximum extent permitted by applicable law.
Please read these Terms carefully. They contain important provisions on personal safety, no-background-checks, child safety, intimate-image risks, scams and financial fraud, credits and refunds, AI features, limitations of liability, indemnification, a class-action waiver, and governing law.
1. Acceptance of Terms
By downloading, installing, accessing, creating an account for, purchasing through, or using the Unshade application, APIs, public Signal links, or related services (collectively, the “App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.
These Terms constitute a legally binding agreement between you and Palms Yazılım Ticaret Limited Şirketi (“we”, “us”, “our”).
Your use of the App is also governed by our Privacy Policy, which explains how we process personal data, including relationship preference data, location data, chat data, AI inputs, and billing metadata.
2. Age Requirement
Unshade is intended exclusively for adults aged 18 years and older, or such higher minimum age as your local law requires for adult relationship or dating services. By creating an account, opening a public Signal, completing a mini-match preview, purchasing credits, or using the App, you confirm that (a) you meet the applicable minimum age, (b) you are legally able to enter into these Terms, (c) you are not impersonating another person, and (d) you have not been previously suspended, banned, or otherwise removed from Unshade. If we become aware or reasonably suspect that a user is under the applicable minimum age, we may immediately suspend or terminate the account, delete associated data, and preserve records as needed to comply with law.
3. Description of Service
Unshade is a relationship and communication mobile application developed and operated by Palms Yazılım Ticaret Limited Şirketi. The App provides:
- Couple pairing and connection via QR code
- Private chat between connected partners
- AI-assisted message rewriting to improve communication tone and clarity
- Periodic check-ins to track relationship dynamics
- An AI communication coach offering personalized guidance, weekly digests, and predictive insights
- Desire Map onboarding to help align relationship preferences
- Location-based features for city-level connection discovery
- Signal features for expressing interest or availability
- Public Signal previews and mini-match previews for adults who confirm they are 18+
- Credits, subscriptions, and paid unlocks for supported features
The App is designed for communication, consent, boundaries, and compatibility. It is not an escort service, marketplace for sexual services, emergency service, therapy service, medical service, legal service, or substitute for professional counseling.
4. Accounts, Credentials, and Accuracy
You are responsible for keeping your account credentials secure, for all activity under your account, and for providing accurate account, age, profile, billing, and preference information. You may not share your account, impersonate another person, create accounts for anyone else without permission, or create multiple accounts to avoid restrictions, suspensions, bans, credits rules, safety controls, or payment obligations.
5. User Content and Limited License
You retain ownership of content you submit to the App, including profile text, Desire Map answers, custom notes, chat messages, reports, images, and Signal-related information (“User Content”). You grant us a worldwide, non-exclusive, limited license to host, store, process, transmit, display, modify for formatting or safety purposes, and otherwise use User Content only as needed to operate, secure, improve, enforce, and provide the App and related support.
You are solely responsible for your User Content and for obtaining any permissions required to submit it. Do not submit content you do not have the right to use or content you are not comfortable using for relationship, Signal, matching, and coaching features.
6. User Conduct and Prohibited Content
By using the App, you agree not to send, post, upload, create, solicit, facilitate, or transmit any content or conduct that:
- Is unlawful, abusive, harassing, threatening, or defamatory toward any person.
- Contains nudity, explicit sexual content, pornography, sexual services, prostitution, escorting, trafficking, exploitation, or material that exploits or harms minors in any way.
- Sexualizes minors, appears to involve minors, requests age-inappropriate contact, or attempts to evade age-gate requirements.
- Promotes coercion, pressure, stalking, blackmail, revenge, non-consensual intimate content, doxxing, violence, self-harm, or threats.
- Violates the privacy or intellectual property rights of any third party.
- Contains malware, spam, or any code designed to disrupt or damage the App or its users.
- Impersonates another person or misrepresents your identity.
- Attempts to scrape, crawl, index, reverse-engineer, extract, resell, or misuse other users’ data.
- Uses the App for commercial solicitation, advertising, paid companionship, explicit services, or unlawful transactions.
We may remove content, block messages, restrict visibility, suspend or terminate accounts, preserve evidence, report suspected illegal conduct to authorities, and cooperate with lawful requests where we believe these rules or applicable laws are violated.
7. AI Features and Limitations
Unshade uses artificial intelligence, powered by third-party AI services, to provide message rewriting, opening suggestions, coaching, compatibility analysis, weekly digests, predictive insights, safety analysis, and related features. AI features may require a paid entitlement and explicit AI opt-in. You acknowledge that:
- AI responses are generated algorithmically and may contain errors or inaccuracies.
- AI-assisted message rewriting suggests phrasing; you retain full responsibility for reviewing, editing, and sending any message.
- AI coaching and insights are for informational and communication-support purposes only and do not substitute for professional relationship counseling, therapy, crisis care, medical care, legal advice, or mental health support.
- We do not guarantee the accuracy, completeness, or reliability of AI-generated content.
- AI features may be temporarily unavailable due to third-party service limitations.
- You must not rely on the App for urgent safety, abuse, self-harm, medical, legal, or emergency situations. Contact qualified professionals, emergency services, or local crisis resources where appropriate.
8. Consent, Couple Pairing, Signals, and Visibility
When you pair with a partner through the App:
- Limited profile information (display name, avatar, and relevant preference data) is shared between connected partners.
- Chat messages are visible only to the two users within a couple connection.
- Either partner may end the couple connection at any time through the App’s settings, which will remove shared access to couple-specific data.
Signals Mode may create public links, QR codes, feed cards, preview summaries, match scores, approximate distance, and paid chat unlocks. A Signal link can be viewed by anyone who has the link, and feed cards may be visible to eligible users. You are responsible for what you choose to share through Signals.
You are responsible for pairing, chatting, meeting, or interacting only with consenting adults. We do not verify every user’s identity, intentions, relationship status, background, criminal history, health status, or compatibility. Use caution and independent judgment when interacting with others. See Section 9 for important safety information regarding offline interactions.
9. Offline Interactions and Personal Safety
Unshade is a communication tool. We do not provide, arrange, mediate, supervise, or endorse any in-person encounter between users. Decisions about whether to meet, where, when, with whom, and what to do are made entirely by you.
No verification or background checks. We do not conduct criminal background checks, sex-offender registry checks, identity verification beyond email or social-login authentication, age verification beyond your self-declaration, photo verification, health screening, or any other vetting of users. We do not warrant that any user is who they claim to be, is of the age they claim to be, is single, healthy, sober, lawfully present in your country, or safe to meet. See Section 10 for the full no-screening disclosure.
Your responsibility and assumption of risk. You are solely responsible for evaluating any other user, deciding whether and how to interact with them, and taking reasonable precautions. To the maximum extent permitted by applicable law, you assume all risk arising from any in-person, video, voice, or off-app interaction with another user, including but not limited to harassment, assault, violence, sexual misconduct, rape, theft, robbery, fraud, blackmail, extortion, doxxing, stalking, exposure to sexually transmitted infections, communicable disease, pregnancy, emotional distress, reputational harm, defamation, identity theft, financial loss, property damage, kidnapping, unlawful detention, and death.
Recommended precautions. Before meeting anyone you encountered through the App, we strongly recommend that you: (a) meet in a public, well-lit place; (b) tell a trusted person where you will be, with whom, and when you expect to return; (c) keep your personal identification, keys, phone, and means of transport in your sole control; (d) do not consume food or drink prepared out of your sight; (e) do not send money, intimate images, or sensitive personal information to anyone you have not met in person and verified; (f) trust your instincts and leave any situation in which you do not feel safe; and (g) report concerning conduct to us and, where appropriate, to local law-enforcement or emergency authorities.
Health, STIs, and physical contact. We do not screen users for sexually transmitted infections (STIs), HIV, communicable diseases, pregnancy status, drug or alcohol use, mental-health conditions, or any other health status. Any decision to engage in physical contact, intimacy, or sexual activity is yours alone. You assume all risk of exposure to STIs and other communicable conditions arising from interactions with users of the App. We strongly recommend that you take responsibility for your own sexual and physical health, including safer-sex practices, regular health screening, and seeking qualified medical advice before engaging in any intimate activity with someone you met through the App.
Romance scams and financial fraud. Users may misrepresent who they are, may operate fraudulent or stolen accounts, may impersonate friends or family, may invent emergencies, illnesses, military deployments, travel problems, customs fees, investment opportunities, cryptocurrency schemes, or other pretexts to extract money or financial information. You should never send money, gift cards, cryptocurrency, bank or card details, government identification, passwords, two-factor codes, or other financial or sensitive information to anyone you have met on or through Unshade. We are not responsible for any loss arising from such interactions. If you suspect a scam, stop communicating with the user, do not send money, report the account through the App, and where appropriate report the matter to your bank, card issuer, and local law-enforcement authorities.
Intimate images, screenshots, and recordings. Even where the App offers expiring image messages, recipients can screenshot, screen-record, photograph the screen with another device, or otherwise capture and retain any content you send. We cannot prevent such capture, and we cannot recover content once it has been captured. Do not send any image, video, voice message, or text that you would not be comfortable being seen, copied, forwarded, shared on the public internet, or retained indefinitely. Sharing intimate images of another person without that person’s consent (so-called “revenge porn” or non-consensual intimate imagery) is prohibited under these Terms and may constitute a criminal offence in many jurisdictions.
Not an emergency, medical, legal, or therapy service. Unshade is not an emergency service, crisis line, medical service, mental-health service, legal service, or substitute for professional counseling. Do not use the App to seek emergency, medical, mental-health, legal, or law-enforcement assistance. In an emergency, contact local emergency services immediately.
Moderation is best-effort. We have no general obligation to monitor user content or behavior in advance. We may, at our discretion, review reports, remove content, restrict features, suspend or terminate accounts, preserve evidence, and cooperate with authorities. Our moderation efforts are best-effort and do not constitute a guarantee that the App is free of harmful conduct, fraud, deception, or unlawful users. The presence of another user on the App does not constitute a recommendation, endorsement, or vouching by us.
10. No Background Checks; No Identity, Health, or Criminal Screening
Unshade does not conduct, and is under no obligation to conduct, any of the following:
- criminal-history checks, conviction-history checks, arrest-history checks, or outstanding-warrant checks of any user;
- checks against any national or international sex-offender registry, including without limitation the United States National Sex Offender Public Website, U.S. state sex-offender registries, the European Convention on Cybercrime registries, or equivalent registries operated in any other country;
- checks against terrorism, sanctions, money-laundering, or politically-exposed-persons lists;
- identity-document verification beyond email or social-login authentication;
- biometric, photo, live-face, or selfie verification;
- age verification beyond your self-declaration at account creation;
- health screening, STI or HIV testing, vaccination verification, or sobriety verification;
- marital-status, employment, residency, immigration-status, education, or financial verification.
Accordingly, you are warned and expressly acknowledge that other Unshade users may include persons with criminal convictions (including for violent or sexual offences), persons subject to sex-offender registration, persons who have misrepresented their age, identity, gender, marital status, photographs, sobriety, health status, or intentions, persons who are unlawfully present in your country, persons who are not lawful adults in their jurisdiction, and persons who intend to defraud, harass, harm, exploit, or assault others. You alone are responsible for evaluating other users and deciding whether to interact with them, share information with them, or meet them.
Nothing in this section limits any safety, anti-fraud, anti-abuse, anti-bot, or content-moderation efforts we choose to make from time to time. Such efforts are entirely discretionary, are best-effort only, and do not give rise to any obligation to detect, prevent, or remedy any user’s conduct.
11. Child Safety, Zero Tolerance, and CSAM Reporting
Unshade has a zero-tolerance policy against child sexual abuse material (“CSAM”), the sexualization of minors, child grooming, requests for sexual contact with minors, sexual or romantic communication with persons we reasonably believe to be under 18, and any other content or conduct that exploits or endangers children.
If we become aware of apparent CSAM, child grooming, or any other apparent child-safety violation in connection with Unshade, we may, and where required by applicable law we will:
- immediately remove the content and suspend or terminate the accounts involved;
- preserve the content, metadata, IP-derived logs, and related records as evidence;
- report the matter to the U.S. National Center for Missing & Exploited Children (“NCMEC”) CyberTipline, to relevant INHOPE hotlines, to the EU Centre established under applicable EU child-safety regulation, to Turkish law-enforcement and child-protection authorities, and/or to other competent authorities as appropriate;
- cooperate with law-enforcement and judicial requests in accordance with applicable law.
You agree not to use the App to view, request, produce, store, transmit, solicit, advertise, or facilitate CSAM or any sexual or romantic interaction with a minor. You also agree to report any such content or conduct to us at hello@palmsandbirds.com or through in-app reporting, and where appropriate to local law-enforcement and child-protection authorities. If you believe a minor is using, has been targeted on, or has been harmed in connection with Unshade, contact us immediately.
12. Credits and Store Billing
Some Unshade features require credits purchased through supported builds or regions. Unshade does not currently offer recurring subscriptions; all paid purchases are one-time consumable credit packs processed by the app store. If we introduce subscriptions in the future, additional terms will apply at that time. If you purchase credits through Apple App Store or Google Play:
- Billing, payment processing, and refunds are handled by the relevant app store under its own terms.
- We do not receive or store your full payment card details.
- Purchase verification and receipt processing are handled via RevenueCat on our behalf.
Credits — nature. Credits are a limited, non-cash, non-transferable, revocable license to access eligible in-app features. Credits have no cash value and are not a deposit, bank account, gift card, electronic money, stored-value product, or means of payment. Credits cannot be exchanged for money, transferred to another account or person, redeemed for goods or services outside the App, or used after the account holding them is closed.
Credits — consumption. Credits are deducted from your balance at the moment a credited feature is initiated — for example, sending a chat message, unlocking a chat, requesting an AI rewrite, or any other paid action. Used credits are not eligible for refund regardless of the subsequent outcome of the interaction, including but not limited to the other user not replying, blocking you, deleting their account, the chat ending, a message not being read, a feature returning a result you did not expect, or any dissatisfaction with the outcome. Where your balance contains both promotional/bonus credits and paid credits, promotional credits are consumed first.
Credits — refunds. Credit purchases are final and non-refundable once delivered, except where required by applicable law or the applicable app store policy. We do not provide manual refunds for purchases processed by Apple App Store or Google Play. Refund requests for store purchases must be submitted directly to the app store that processed the purchase, under that store’s own refund policy. Unused credits may be reviewed only where legally required, required by the relevant store, or in exceptional service-discontinuation circumstances described below.
Credits — store refunds, chargebacks, and reversals. If a credit purchase is later refunded, charged back, reversed, or otherwise invalidated by the app store, payment provider, your bank, or any other party, we may revoke a corresponding number of credits from your balance. If the credits have already been used, your paid-credit balance may become negative or overdrawn, and access to paid features may be restricted until the balance is resolved. We may suspend, restrict, or terminate your account for repeated reversal patterns, chargeback abuse, or suspected payment fraud.
Credits — validity. Paid credits do not expire while your account remains active and the Unshade service remains available. Promotional, free, or bonus credits may carry their own expiry, usage caps, or eligibility limits as disclosed at the time of issuance and may be revoked if obtained in violation of these Terms.
Credits — voluntary account deletion. If you voluntarily delete your account, any remaining paid credits and promotional credits are permanently forfeited and cannot be refunded by us. The App will display your remaining paid credit balance before you confirm account deletion. Refunds for the underlying store purchase, if any, must be requested directly from the relevant app store.
Service discontinuation. If we permanently discontinue Unshade or permanently disable the credits feature in your region, we will disable new credit purchases and provide reasonable advance notice through the App or by email where feasible. During the notice period, users may use remaining credits until the announced discontinuation date. Used credits are not refundable. Unused paid credits may be handled case by case, through the relevant app store where applicable, or as required by mandatory consumer-protection law; outside such mandatory cases, paid credits expire on the announced discontinuation date.
13. Third-Party Services
The App integrates with third-party services such as app stores, RevenueCat, OpenAI, Firebase, Google Sign-In, Sign in with Apple, APNs/FCM, OpenStreetMap/Nominatim, and cloud infrastructure providers. We are not responsible for third-party services, outages, policies, content, billing decisions, or security incidents outside our control. Your use of third-party services may be governed by their own terms and privacy policies.
14. Reporting, Blocking, Moderation, and Safety
If you experience harassment, inappropriate content, suspected minors, impersonation, coercion, threats, or any safety concern within the App, you may use the in-app reporting or blocking features or contact us at hello@palmsandbirds.com. We may review reports and limited related content, block chats, suspend or ban users, remove content, preserve records, and report serious issues to authorities where appropriate or legally required.
We aim to review urgent safety reports as soon as reasonably possible, but we do not guarantee a specific response time. If you believe there is immediate danger, suspected exploitation of a minor, or a crime in progress, contact local emergency services or law enforcement first. If your account is restricted and you believe this was a mistake, you may contact us with the relevant account email and context; we may decline appeals involving serious safety, fraud, or legal risk.
15. Account Deletion and Termination
You may request deletion of your account through the App’s settings where available. Account deletion starts a purge/anonymization process for account data and associated Unshade records, subject to lawful retention for billing, tax, fraud prevention, security, safety, legal claims, audit, disputes, and compliance purposes. These records may be retained for as long as statutory limitation periods, legal defense, audit, or compliance needs continue, limited to what is relevant, proportionate, and necessary for those purposes. Deletion may remove your access to purchases, credits, chat history, Signals, Couple Mode, reports, and AI outputs.
Credits and voluntary deletion: Any remaining paid credits are permanently forfeited upon voluntary account deletion and cannot be refunded by us. Before you confirm deletion, the App will display your current paid credit balance so you can make an informed decision. Free or bonus credits have no monetary value and are also forfeited. If you have a significant paid credit balance, you may wish to use your credits before deleting your account.
We may suspend, restrict, or terminate your access, with or without notice and at our sole discretion, if we reasonably believe you violated these Terms, created risk for users, abused the service, infringed rights, failed age requirements, attempted fraud, engaged in chargeback abuse, or created legal or security exposure for us or others. We may also decline service to any person for any lawful reason.
16. Service Availability and Changes
We do not guarantee that the App will be available at all times or that every feature will remain available in every country, language, platform, build, subscription tier, or store region. The App may be interrupted due to maintenance, updates, security work, provider outages, app store review, legal requirements, or technical issues. We may modify, suspend, or discontinue the App or any feature at any time, with reasonable notice where required by law.
17. Intellectual Property
The App, including its design, graphics, software, interfaces, trademarks, logos, AI prompt structures, compilations, and original content, is owned by Palms Yazılım Ticaret Limited Şirketi or its licensors and is protected by applicable intellectual property laws.
You may not copy, modify, distribute, sell, lease, sublicense, scrape, crawl, index, mirror, frame, reverse-engineer, decompile, disassemble, harvest data from, train any machine-learning model on, or create derivative works from any part of the App or its proprietary content without our prior written permission, except to the extent permitted by mandatory law. You also may not use any robot, spider, scraper, automated tool, or undocumented API to access the App.
18. Copyright Infringement and Notice Procedure
We respect intellectual-property rights. If you believe that content available through Unshade infringes a copyright or other intellectual-property right that you own or are authorized to enforce, you may submit a written notice to hello@palmsandbirds.com that includes:
- your full name, postal address, email address, and (if available) telephone number;
- identification of the work you claim has been infringed (or, for multiple works, a representative list);
- identification of the material claimed to be infringing, with information sufficient for us to locate it (such as the user account, Signal link, message identifier, or URL);
- a statement that you have a good-faith belief that the use of the material is not authorized by the rights-holder, its agent, or the law;
- a statement, made under penalty of perjury where applicable, that the information in the notice is accurate and that you are the rights-holder or are authorized to act on its behalf; and
- your physical or electronic signature.
We may remove or restrict access to allegedly infringing content, notify the affected user, terminate repeat infringers, and otherwise respond to notices in accordance with applicable copyright law. False or bad-faith notices may give rise to liability under applicable law.
19. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- THE APP, INCLUDING ALL CONTENT, MATCHES, SIGNALS, AI OUTPUTS, COMPATIBILITY SCORES, INSIGHTS, COACHING, REPORTS, NOTIFICATIONS, AND USER INTERACTIONS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, QUIET ENJOYMENT, OR COURSE OF DEALING.
- WE DO NOT WARRANT THAT THE APP, MATCHING, SIGNALS, AI OUTPUTS, REPORTS, SCORES, NOTIFICATIONS, PURCHASE SYNC, OR USER INTERACTIONS WILL BE ACCURATE, UNINTERRUPTED, TIMELY, COMPLETE, SECURE, VIRUS-FREE, ERROR-FREE, OR SUITABLE FOR YOUR PURPOSES.
- WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER, USER CONTENT, ADVERTISEMENT, GOODS, OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES THROUGH OR IN CONNECTION WITH THE APP.
- WE DO NOT GUARANTEE ANY RELATIONSHIP OUTCOMES, MATCHES, REPLIES, MEETINGS, ROMANTIC OR SEXUAL OUTCOMES, COMPATIBILITY, SAFETY OF OFFLINE INTERACTIONS, USER IDENTITY, USER AGE, USER MARITAL STATUS, USER CRIMINAL HISTORY, USER HEALTH STATUS, USER CONDUCT, OR THE TRUTHFULNESS OF ANY USER CONTENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APP, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, REVENUE, BUSINESS, REPUTATION, GOODWILL, RELATIONSHIP OUTCOMES, ROMANTIC OR SEXUAL OUTCOMES, EMOTIONAL DISTRESS, PHYSICAL INJURY, ASSAULT, EXPOSURE TO STIS OR OTHER DISEASES, PREGNANCY, IDENTITY THEFT, OR UNAUTHORIZED ACCESS ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APP, ANY USER CONDUCT, OR ANY OFFLINE INTERACTION.
- OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US OR THROUGH THE APP FOR UNSHADE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) EUR 50.
- THE LIMITATIONS IN THIS SECTION APPLY WHETHER A CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING mandatory consumer rights, fraud, willful misconduct, gross negligence where non-excludable, or liability for death or personal injury where such exclusion is prohibited.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, the above limitations apply to the fullest extent permitted by law.
21. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Palms Yazılım Ticaret Limited Şirketi, its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, demands, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your User Content; (b) your use or misuse of the App; (c) your violation of these Terms; (d) your violation of another person’s rights or any applicable law; (e) your interaction, communication, meeting, or any other dealing with any other user or third party, whether online or offline, including any claim, demand, or proceeding brought against us by any such user or third party (or by their estate, family, employer, insurer, or successor) arising from acts, omissions, harm, damage, injury, death, disease, emotional distress, financial loss, or reputational loss connected with that interaction; (f) your unlawful conduct; or (g) your provision of false, misleading, or inaccurate information to us or to any other user.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with our defense. You will not settle any matter affecting us without our prior written consent.
22. Class Action and Collective Relief Waiver
To the maximum extent permitted by applicable law, you and we each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App will be brought solely in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, mass, or private-attorney-general action. No court or tribunal may consolidate more than one person’s claims or otherwise preside over any form of representative or class proceeding. If this waiver is held unenforceable as to a particular claim or remedy in your country of residence, that claim or remedy will be severed and proceed in the appropriate forum, while the remaining claims continue in individual proceedings. Nothing in this section affects mandatory rights granted to you by the law of your country of residence.
23. Force Majeure
We are not liable for any failure or delay in performance arising from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, epidemics, war, armed conflict, terrorism, civil unrest, government action, embargoes, sanctions, court orders, internet or telecommunications outages, cloud-infrastructure failures, third-party service outages (including app stores, OpenAI, Firebase, RevenueCat, APNs/FCM, and other providers), power failures, cyber-attacks, denial-of-service attacks, labor disputes, or other circumstances of force majeure.
24. Survival
Any provision of these Terms that by its nature should survive termination or expiration will survive, including (without limitation) provisions on User Content licenses, prohibited conduct, child-safety obligations, intellectual property, payment obligations relating to credits already consumed, disclaimers, limitation of liability, indemnity, class-action and collective-relief waiver, governing law and dispute resolution, electronic communications, and miscellaneous provisions.
25. Electronic Communications and Notices
By using the App you consent to receive communications from us electronically, including by in-app notice, push notification, or email to the address associated with your account. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Notices to us must be sent to hello@palmsandbirds.com, with a copy to our registered office address. Notices are effective when sent to a valid address, unless applicable law requires otherwise.
26. Modifications to Terms
We reserve the right to modify these Terms at any time. We will indicate the date of the most recent update at the top of this document. For material changes, we will notify you through the App and, where required, request your renewed consent. Continued use of the App after changes constitutes acceptance of the revised Terms.
27. Governing Law and Dispute Resolution
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. Subject to mandatory consumer-protection rules, the courts of Istanbul, Turkey shall have non-exclusive jurisdiction over any dispute arising out of or relating to these Terms or the App.
For EU/EEA, UK, and other consumers with mandatory local rights: Nothing in these Terms affects non-waivable consumer protection rights under the laws of your country of residence.
For Turkish consumers: Bu Koşullar Türkiye Cumhuriyeti hukuku kapsamında geçerlidir. Tüketici haklarınız 6502 Sayılı Tüketicinin Korunması Hakkında Kanun kapsamında saklıdır ve tüketici hakem heyetleri ile tüketici mahkemelerine başvurma hakkınız mevcuttur.
Before filing a formal claim, you agree to contact us at hello@palmsandbirds.com and allow a reasonable opportunity to resolve the issue informally, unless this requirement is prohibited by applicable law.
28. Miscellaneous
These Terms, together with our Privacy Policy and any feature-specific terms incorporated by reference, constitute the entire agreement between you and us regarding the App and supersede all prior or contemporaneous agreements, communications, and proposals on that subject. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent. Our failure to enforce a provision is not a waiver, and a waiver in one instance is not a waiver in any other instance. Section headings are for convenience only and do not affect interpretation. There are no third-party beneficiaries of these Terms (other than indemnified parties identified above). You may not assign or transfer these Terms or your account without our consent, and any attempted assignment in violation of this section is void. We may assign these Terms as part of a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, provided your mandatory rights remain protected.
29. Contact
For any questions regarding these Terms:
Email: hello@palmsandbirds.com
Website: www.palmsandbirds.com
Registered office / official address: the address recorded in the Turkish trade registry for Palms Yazılım Ticaret Limited Şirketi
Palms Yazılım Ticaret Limited Şirketi
By using Unshade, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.