Terms of Service

These Terms and Conditions of Service("Terms", "Agreement") form a legally binding agreement between you (""User", "you", or "your") and PLAYARY YAZILIM DONANIM BİLİŞİM TİCARET TAAHHÜT VE SANAYİ LİMİTED ŞİRKETİ, a company duly registered and organized under the laws of the Republic of Türkiye ("Playary", "we", "us", or "our").

These Terms govern your access to and use of the Playary mobile app(s), desktop app(s), TV application(s), web platform(s), in-car system(s), digital watch application(s), and any other software or services provided by Playary (collectively, the "Services" or "Software"). By accessing or using any part of the Services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Services. This list is not exhaustive and also includes any future Playary services not explicitly mentioned here.

1. Eligibility

To use the Playary Services and access any content made available through them, you must:

1. 1.1. Be at least 13 years of age, or meet the minimum age of digital consent in your country, unless you have obtained verifiable consent from a parent or legal guardian. If you are under the age required to manage your own Playary account in your country, your parent or legal guardian must accept these Terms on your behalf and will be responsible for your use of the Services.
2. 1.2. Have the legal capacity to enter into a binding agreement with Playary Yazılım Donanım Bilişim Ticaret Taahhüt ve Sanayi Limited Şirketi, and not be barred from doing so under any applicable laws or regulations.
3. 1.3. Reside in a country or territory where the Services are lawfully available and where the use of the type of content provided (including music, podcasts, movies, audiobooks, and public domain media) is permitted under applicable laws and third-party platform terms.

By accessing or using the Services, you represent and warrant that you meet all of the above requirements. If you do not meet these requirements, or if you do not agree to these Terms, you may not access or use the Services.

2. Description of Services

Playary is a digital streaming platform operated by Playary Yazılım Donanım Bilişim Ticaret Taahhüt ve Sanayi Limited Şirketi("Playary", "we", "our", or "us"), which offers users access to a diverse catalog of content, including music, podcasts, audiobooks, and public domain short films, via web, desktop, mobile, TV, in-car, digital watch applications, and other current or future platforms and associated interfaces (collectively, the “Services"").

The Services include, but are not limited to, the following features:

2.1. Streaming of Music Content

Playary allows users to stream music content directly through its platform. Music available through Playary may include tracks uploaded by independent artists, record labels, rights holders, or authorized distributors who control the relevant rights to the content. We may also aggregate and stream music that is licensed under open, public domain, or Creative Commons licenses where permitted by law and applicable terms.

All music streamed via the Services is subject to appropriate intellectual property rights validation. Playary does not claim ownership over works uploaded by users but requires all contributors to represent and warrant that they possess the legal authority to distribute the content through our platform. In case of disputes or copyright claims, Playary reserves the right to remove or restrict access to any content in compliance with the Digital Millennium Copyright Act (DMCA) provisions set forth in these Terms and applicable laws.

To enhance the listening experience, Playary may apply editorial selection, algorithmic recommendations, or personalized discovery mechanisms to suggest music tailored to user preferences. This may include genre-based playlists, trending charts, mood and activity recommendations, or artist-based suggestions generated through user behavior and listening history.

Users can interact with music content in a variety of ways, including but not limited to:

• Following artist profiles to stay updated on new releases,
• Adding individual tracks or full albums to personal playlists or libraries,
• Liking or saving tracks for quick access,
• Sharing music content via social or messaging features where available,
• Accessing artist pages, which may include biographies, discographies, and related content where provided by the artist or a third-party metadata provider.

Some music content may be subject to regional availability, and not all features may be accessible in every market or on every device. Playback functionality and quality may also vary depending on your subscription tier, device capabilities, and network conditions.

Playary reserves the right to limit or remove access to specific music content or features at any time, including but not limited to cases involving rights clearance issues, policy violations, or legal obligations.

2.2. Streaming of Podcast Content

Playary provides access to a wide range of podcast content through its Services, encompassing both hosted and externally streamed episodes. This includes content created by independent podcasters, media organizations, and public contributors who distribute their shows under various licensing arrangements.

Hosted Podcasts:

Playary enables verified podcasters to upload, manage, and distribute their own podcast episodes directly via the Playary platform. These episodes are stored on Playary’s infrastructure and made available for streaming through our Services. Podcasters maintain full ownership and control of the content they upload, subject to compliance with these Terms of Service, including the content policies and hosting rules set forth herein. By uploading podcast content, creators represent and warrant that they possess all necessary rights, licenses, consents, and permissions required to distribute and publicly perform the material. Playary may make hosted podcasts available for discovery through search, category filters, personalized recommendations, and editorial curation, but does not assume ownership of the works.

Externally Hosted Podcasts:

Playary also offers access to a broad catalog of publicly available podcasts that are hosted on third-party platforms. These are delivered through direct streaming technologies, such as RSS feed ingestion and passthrough playback, and are not stored or cached on Playary servers. In such instances, Playary functions solely as an interface or conduit, enabling end users to stream the podcast content directly from the original host’s infrastructure.

Playary does not modify, alter, or edit externally hosted episodes, nor does it assert ownership or editorial control over such content. All intellectual property rights and distribution responsibilities remain with the original podcast creators, publishers, or hosting providers. If a third-party host modifies, removes, or restricts access to an episode, such changes may be reflected in real-time through the Playary platform.

Users may interact with podcast content by subscribing to shows, saving episodes for later listening, creating podcast playlists, or receiving personalized podcast recommendations based on listening activity. Some features may be subject to availability depending on licensing terms, podcast format, or geographic location.

Playary reserves the right to remove access to any podcast content—whether hosted or externally streamed—if it receives valid copyright complaints, if the content violates platform policies, or if required to do so by law or contractual obligation.

2.3. Access to Public Domain Audiobooks

Playary offers users access to a curated collection of audiobooks that are in the public domain and legally available for distribution and streaming. These audiobooks may be hosted directly on Playary’s servers or obtained from reputable third-party aggregators and content providers who verify and ensure the compliance of all materials with applicable public domain laws and licensing requirements.

The public domain audiobook library may include, but is not limited to, classic literature, historical texts, philosophical works, and other educational materials. Content is typically recorded by volunteers, professional narrators, or voice artists who contribute to making these works accessible to a broad audience.

Users may stream this content for personal, non-commercial use, including educational, recreational, and entertainment purposes. Playary does not claim ownership or copyright over public domain audiobooks and respects the original authors’ and narrators’ rights in accordance with applicable law.

Availability of specific audiobooks may vary by geographic region due to differing copyright laws and distribution agreements. Playary reserves the right to modify or remove access to any audiobook if it is determined that the content no longer qualifies as public domain, violates any applicable laws, or breaches Playary’s content policies.

Users are encouraged to use the audiobooks in a manner consistent with fair use and applicable legal guidelines. Redistribution, reproduction, or commercial use of the audiobooks without appropriate rights or licenses is strictly prohibited.

2.4. Viewing of Public Domain and Licensed Short Films

Playary provides users with access to a curated selection of short-form video content, which may include independent films, educational materials, documentaries, animations, and other creative works. This content is either in the public domain or distributed under licenses that explicitly permit non-commercial streaming and public display through digital platforms.

Videos made available through Playary may be delivered in one of the following ways:

• Embedded Playback: Playary may embed videos hosted on third-party platforms such as YouTube, Vimeo, or other authorized streaming services. In these cases, Playary acts as an interface facilitating discovery and playback without hosting or modifying the underlying video files.
• Direct Hosting: Where Playary has obtained the appropriate rights or licenses, video content may be hosted directly on our servers and streamed to users through the Playary applications and website.

All video content accessible via Playary is subject to applicable intellectual property rights, licensing agreements, and content policies. Playary does not claim ownership over third-party video content and respects the rights of copyright holders in accordance with relevant laws.

Playary expressly does not offer distribution or streaming of commercial feature films, television episodes, or other copyrighted video content unless such content has been explicitly cleared by the rights holders for free public streaming on our platform.

Availability of specific video content may vary by region due to differing copyright laws and licensing restrictions. Playary reserves the right to remove or restrict access to any video content that is found to violate intellectual property rights, local laws, or our platform policies.

Users agree to access and use all video content solely for personal, non-commercial purposes in compliance with these Terms and applicable legal requirements.

3. Account Creation, Management, and Security

To access and fully utilize certain features of the Services, you may be required to create a user account (“Account”) with Playary. This section outlines the processes and policies related to your account as well as your rights and obligations when using the Playary Services.

3.1 Account Creation

You must provide accurate, current, and complete information when creating your Account, including but not limited to your name, email address, and any other required registration details. It is your responsibility to promptly update your information to ensure it remains accurate, complete, and truthful throughout the duration of your use of the Services. Failure to do so may result in the suspension or termination of your Account.

You are solely responsible for safeguarding your login credentials, including your username, password, and any multi-factor authentication methods associated with your Account. You agree to take all reasonable steps to protect your Account from unauthorized access or use. You must notify Playary immediately if you become aware of any unauthorized use of your Account or any other security breach. Playary will not be liable for any loss or damage arising from your failure to protect your Account credentials or from unauthorized use of your Account.

You must be eligible under Section 1 (“Eligibility”) and comply with all applicable laws, rules, and regulations in connection with your creation and maintenance of your Account. By registering for an Account, you represent and warrant that you are legally permitted to do so and that you will not use your Account for any unlawful or prohibited activities.

Playary reserves the right, at its sole discretion and without prior notice, to refuse registration, suspend, restrict, or terminate any Account that does not meet eligibility requirements, violates these Terms, or is associated with fraudulent, abusive, or unauthorized behavior. This includes but is not limited to the use of false information, impersonation of others, or multiple Account registrations designed to circumvent usage limits or policies.

You acknowledge and agree that Playary may conduct verification processes to confirm your eligibility and the accuracy of your registration information, including identity verification or other compliance checks, as permitted by applicable laws. Failure to comply with such requests may result in limitations or termination of your Account access.

3.2 Your Rights to Use the Playary Service

By creating an Account, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Playary Services strictly in accordance with these Terms. This license permits you to use the Services for your personal, non-commercial entertainment and educational purposes only, subject to compliance with all applicable laws, regulations, and these Terms of Service.

Your rights to access and use the Services may include, but are not limited to, streaming available content, creating and managing playlists, subscribing to podcasts, saving favorites, and utilizing any interactive features Playary may offer. However, you acknowledge and agree that Playary retains full ownership and all intellectual property rights in and to the Services, the platform, and all underlying software, technology, and content not explicitly licensed to you.

Currently, Playary offers its Services free of charge to all users without mandatory fees or subscriptions. Playary reserves the right, at its sole discretion and without prior obligation, to introduce paid subscription plans, premium features, enhanced functionality, or other monetization models in the future. Such changes may include tiered service offerings, ad-supported versus ad-free experiences, or exclusive content access.

In the event that Playary elects to introduce paid tiers or premium subscriptions, users will be provided with clear information regarding pricing, billing terms, cancellation policies, and feature differences prior to enrollment. Playary will endeavor to provide advance notice of any significant changes to the pricing or availability of features as required by applicable consumer protection laws.

Your continued use of the Services following the introduction of any paid offerings will constitute acceptance of those new terms. Should you choose not to accept the new terms or subscription fees, you may discontinue use of the affected services or terminate your Account in accordance with these Terms.

Playary may impose limits on usage, content availability, or access to certain features based on your subscription status, region, or device compatibility. Playary also reserves the right to suspend or terminate your access if you violate these Terms, misuse the Services, or engage in prohibited activities.

3.3 Payments and Cancellation

If Playary introduces paid subscription options, premium tiers, or any other monetized services, you will be provided with clear and transparent information regarding applicable fees, billing cycles, payment methods, and the terms governing your payment obligations. Such information will be disclosed to you at the point of purchase or subscription enrollment, including any trial periods, renewal policies, and applicable taxes or fees.

All payments for subscriptions or other paid features will be processed through third-party payment providers selected by Playary. By subscribing to paid services, you agree to comply with the payment terms and policies of these external providers. Playary is not responsible for the security, accuracy, or processing of payment information handled by third-party payment gateways.

You authorize Playary and its designated payment partners to charge the payment method you provide for all fees incurred for your subscription or purchases, including any applicable taxes or regulatory fees, in accordance with the billing cycle you select. You agree to maintain accurate and up-to-date billing information to ensure uninterrupted service.

You may cancel your paid subscription at any time through your account settings or according to the cancellation procedures provided at the time of purchase. Upon cancellation, unless otherwise stated, your access to premium features will remain active until the end of the current billing cycle, after which your subscription will not renew, and you will revert to the free tier or lose access to premium content and features.

Refunds for subscription fees or other payments are subject to Playary’s refund policy and applicable local laws. Generally, fees are non-refundable except as required by law or at Playary’s sole discretion. Please review your payment provider’s policies for any additional terms related to refunds or disputes.

Playary reserves the right to suspend or terminate paid services, or modify pricing and payment terms, with reasonable notice provided to subscribers as required by law. Continued use of paid services after such changes constitutes acceptance of the updated terms.

If a payment method fails or payment is not received, Playary may suspend or terminate your subscription or access to premium features until payment is successfully completed.

3.4 Billing and Taxes

You are solely responsible for any and all taxes, duties, levies, or fees (including, without limitation, sales, use, value-added, goods and services, or similar taxes) imposed by any governmental authority in connection with your subscription payments, purchases, or use of Playary’s paid services, except where such taxes are required to be collected or paid by Playary under applicable law.

Playary may, in accordance with applicable tax regulations, calculate, collect, and remit taxes on your behalf based on your billing address or location. This may include taxes such as value-added tax (VAT), goods and services tax (GST), sales tax, or other similar taxes, where legally required. The amount of tax charged will be clearly indicated during the purchase process.

Additionally, taxes, fees, or duties may be collected directly by the third-party payment providers Playary uses to process payments. These third parties may apply their own tax policies based on your location or payment method. Playary is not responsible for taxes or fees collected separately by these external providers.

You agree to provide complete and accurate billing and contact information, including any tax identification numbers or documentation necessary to comply with local tax laws. It is your responsibility to promptly update any changes to your billing or tax information to ensure accurate invoicing and tax reporting.

Failure to provide valid payment information or to settle any outstanding charges may result in suspension, limitation, or termination of your paid services until such payment issues are resolved. Playary reserves the right to pursue collection of any unpaid fees, including through third-party collection agencies, and to take any legal action necessary to recover outstanding balances.

If you believe that taxes have been incorrectly charged or calculated, you agree to notify Playary promptly to allow for investigation and resolution in accordance with applicable tax laws and policies.

Playary’s tax practices and obligations are subject to change based on evolving tax regulations, and we reserve the right to update our billing and tax collection processes accordingly. Any such changes will be communicated as required by law.

3.5 Withdrawal Rights and Trial Periods

Where required by applicable law, you may have a statutory right to withdraw from a paid subscription, purchase, or contract within a specified period after the subscription begins—commonly referred to as a “cooling-off period.” This right allows you to cancel your subscription and receive a refund, subject to certain conditions and exceptions based on your jurisdiction.

Playary may, at its sole discretion, offer optional trial periods that allow users to experience premium features without payment for a limited time. These trial periods are promotional offerings and are not guaranteed, required, or permanently available. The decision to offer, enable, suspend, modify, or discontinue a trial period rests entirely with Playary. Trial availability may vary by country, user eligibility, platform, or promotional strategy, and Playary may open or close access to trials at any time without prior notice.

Each user is eligible for only one (1) trial period across all Playary accounts and devices. Attempts to bypass this limitation—such as creating multiple accounts or using different devices—may result in denial of access to trial offers, removal of trial access, or other account restrictions.

By registering for a trial, you expressly agree and acknowledge that:

• The statutory right of withdrawal does not apply once the trial begins and digital content or premium functionality is accessed.
• If you wish to avoid charges, you must cancel your subscription before the trial period ends. Failure to do so will result in automatic billing based on the selected subscription plan at the end of the trial.

If you subscribe without using a trial, you may have the right to withdraw within 14 days from the subscription date, depending on your local laws.
If you begin a paid subscription following a trial, the withdrawal right may be limited to 7 days, particularly if the service has already been partially used or accessed, and as permitted by applicable law.

To exercise your right of withdrawal, where available, you must notify Playary of your decision to cancel or withdraw within the applicable period and using the appropriate process. This can typically be done via your account settings or by contacting Playary’s customer support team.

Playary is committed to complying fully with all applicable consumer protection laws regarding withdrawal rights, refunds, and cancellations. Refunds resulting from valid withdrawal requests will be processed to your original payment method, subject to reasonable processing time and any applicable fees.

Please note:
Some exceptions to the right of withdrawal may apply depending on local regulations. These may include, but are not limited to, digital content that has been fully delivered and accessed with your prior consent, or subscription services that have already commenced and been partially used.

3.6 Account Suspension and Termination

Suspension and Termination by Playary

Playary reserves the right, at its sole discretion and without prior notice, to suspend, deactivate, restrict, or terminate your Account and access to the Services at any time, including but not limited to the following circumstances:

• Violation of Terms: If your Account is being used in violation of these Terms of Service, including any incorporated policies or guidelines, whether intentionally or unintentionally.
• Fraudulent, Abusive, or Unauthorized Use: If we have reason to believe that your Account is involved in fraudulent activities, abuse of the platform (including spamming, scraping, manipulation of metrics, or circumvention of access restrictions), or any use of the Services that is unauthorized or deceptive in nature
• Security or Operational Risk: If your Account poses a risk to the security, integrity, availability, or proper functioning of the Playary platform, systems, infrastructure, or other users. This includes but is not limited to suspicious login behavior, bot activity, or actions that may compromise data privacy.
• Violation of Laws or Rights: If your use of the Services is found to be in violation of applicable laws, regulations, or infringes upon the rights (including intellectual property rights) of any third party, as determined by Playary in good faith or as required by legal counsel.
• Legal or Regulatory Action: If your Account becomes subject to any legal order, court judgment, injunction, or governmental authority request that mandates the suspension, restriction, or termination of service.

In all such cases, Playary is under no obligation to provide prior warning or explanation, though we may, at our discretion, notify you of the action taken and any relevant reasons or remedies available to you.

Suspension or termination of your Account may result in the loss of access to content, features, or data associated with your Account. Playary will not be liable for any such loss unless otherwise required by law.

During any suspension period, your access to the Services may be limited or completely blocked, including access to your content and any account-related features.

User-Initiated Termination

You have the right to terminate your Account at any time by following the Account closure procedures available in your account settings or by contacting Playary’s customer support. Upon termination by you, your access to the Services will immediately cease.

Post-Termination Data Handling

Upon suspension or termination of your Account—whether initiated by Playary or by you, Playary will delete or anonymize your personal data in accordance with the Playary Privacy Policy and applicable data protection laws. However, certain information may be retained for legitimate business purposes, to comply with legal obligations, or to prevent fraud and abuse. Such retained data will be stored securely and handled in compliance with relevant privacy regulations.

Outstanding Obligations

Termination or suspension of your Account does not relieve you of any outstanding payment obligations or liabilities incurred prior to termination. You remain responsible for any fees or charges owed to Playary up to the effective date of suspension or termination.

No Liability

Playary disclaims any liability for any loss or damage arising from the suspension or termination of your Account, including but not limited to loss of data, content, or access to the Services.

Inactivity

Playary may also suspend or terminate accounts that have been inactive for an extended period, in accordance with our data retention policies, and to maintain service quality and security.

4. Content and Intellectual Property Rights

This section explains the ownership, usage rights, and responsibilities related to the content available on Playary, including materials provided by podcasters, artists, and users, as well as the licenses you grant Playary to operate and improve the Services.

4.1 Playary for Podcasters

Podcasters who upload, manage, and distribute their podcast episodes via Playary retain full ownership and intellectual property rights over their original audio content, cover artwork, show titles, episode descriptions, and all associated metadata (collectively referred to as “Podcast Content”). Playary does not claim ownership over such content.

By using Playary’s podcast hosting and distribution services, podcasters grant Playary a limited, non-exclusive, royalty-free, sublicensable, worldwide license to host, cache, reproduce, adapt, stream, transmit, publicly perform, display, distribute, and promote their Podcast Content through the Playary platform and affiliated channels, solely for the purpose of delivering and improving the Services. This includes promoting podcasts through algorithmic recommendations, editorial playlists, social media, newsletters, and third-party integrations or partnerships.

Podcasters are solely responsible for ensuring that their content:

• Does not infringe on any copyrights, trademarks, publicity rights, or other proprietary rights of third parties;
• Complies with all applicable local, national, and international laws, including those related to advertising, hate speech, defamation, and data protection;
• Does not contain harmful, misleading, or illegal material, including but not limited to hate speech, unlawful advertising, or explicit content without proper labeling.

Podcasters must ensure they have obtained all necessary licenses, clearances, and permissions for any third-party content included in their episodes, such as music, sound effects, or guest contributions.

Playary may, at its sole discretion and without prior notice, remove or restrict access to any Podcast Content that violates these Terms of Service, applicable law, or upon receipt of a valid takedown request under intellectual property laws (e.g., DMCA or equivalent). In the event of such removal, Playary will make reasonable efforts to notify the podcaster and provide an opportunity to contest or remedy the issue, where permitted by law.

Podcasters are encouraged to retain backup copies of all uploaded content, as Playary does not guarantee indefinite storage or preservation of Podcast Content unless otherwise agreed upon in writing.

4.2 Playary for Artists

Artists and rights holders who upload music tracks, compositions, cover art, lyrics, metadata, or other creative works to Playary (collectively referred to as “Artist Content”) retain full ownership and intellectual property rights in their respective contributions. Playary does not claim ownership over Artist Content.

By making content available through Playary, artists grant Playary a limited, non-exclusive, royalty-free, worldwide, sublicensable license to:

• Host, store, and cache their content on Playary’s infrastructure;
• Stream and make their content available for on-demand playback by users of the Services;
• Reproduce and distribute content within the platform and across integrated or affiliated services;
• Publicly perform and display the content to end users as part of the user experience;
• Promote the content through playlists, editorial features, algorithmic recommendations, social media campaigns, newsletters, third-party integrations, and marketing materials, solely for the purpose of increasing visibility and engagement.

This license is granted solely for the operation, development, promotion, and improvement of the Playary Services. Playary does not sell or sublicense artist content to third parties for unrelated commercial purposes without the artist’s prior consent.

Artists and rights holders are solely responsible for ensuring they have secured all necessary rights, permissions, and licenses for the content they upload. This includes, but is not limited to:

• Mechanical and performance rights;
• Rights for any samples, interpolations, remixes, or third-party contributions;
• Synchronization rights for lyrics, instrumentals, or audiovisual works;
• Permissions for cover versions, if applicable.

Artists must ensure that their content complies with all applicable laws and does not infringe upon the intellectual property or moral rights of any third party. Playary may remove or restrict access to any Artist Content that is reported as infringing, violates these Terms, or is subject to a valid copyright takedown notice (e.g., under the DMCA or other jurisdictionally equivalent laws).

Playary reserves the right, but not the obligation, to monitor uploaded content and take enforcement action in cases of repeat infringement or abuse of the platform. In such cases, Playary may suspend or terminate the associated artist account in accordance with Section 3.6 of these Terms.

Artists are encouraged to maintain original backup copies of all uploaded content. Playary does not guarantee indefinite hosting or archival of Artist Content unless agreed otherwise through a separate written agreement.

If you are an artist working with a label, distributor, or collective management organization (CMO), it is your responsibility to ensure that your use of Playary is consistent with any pre-existing contractual obligations.

4.3 Monetization and Revenue Sharing

No Current Compensation Program

At this time, Playary does not offer any form of monetization, revenue sharing, or financial compensation for artists, podcasters, or any other rights holders who upload content to the platform. By submitting content to Playary, creators explicitly acknowledge and agree that they will not receive any payment, royalty, revenue share, or financial benefit from Playary in relation to the hosting, streaming, playback, promotion, or distribution of their content on or through the platform.

All content hosted and distributed via Playary is currently made available on a non-compensated, voluntary basis. Playary does not presently operate any system of:

• Advertising revenue splits,
• Per-stream payouts,
• Subscription-based contributions,
• Listener tipping or donations, or
• Any other method of creator financial support.

Playary retains the right to display advertising or promote subscription services around or near user-uploaded content without compensating content owners.

Future Monetization Features

Playary is actively researching and evaluating monetization features that may benefit creators in the future. These potential features may include (but are not limited to):

• Revenue sharing from platform-generated income (e.g., ads or subscriptions),
• Fan-supported features such as tipping, memberships, or donations,
• Performance-based compensation models (e.g., based on listen count or engagement),
• Licensing programs for commercial use or syndication.

In the event Playary launches such features, we will:

• Clearly notify creators through official communication channels,
• Publish updated Terms of Service and applicable policies outlining the details,
• Provide a transparent explanation of how revenues are calculated, tracked, and paid out,
• Offer creators the ability to voluntarily opt-in to any such programs.

Eligibility Requirements and Creator Obligations

Participation in any future monetization or revenue-sharing program will be subject to eligibility, which may include, but is not limited to:

• Account verification and compliance with platform rules,
• Submission and validation of payment and tax information,
• Acceptance of additional monetization-specific agreements or terms,
• Compliance with all relevant laws and regulations, including local tax laws and intellectual property rights.

Playary reserves the right to determine eligibility criteria at its sole discretion, and may suspend, deny, or revoke participation in any monetization program for non-compliance, fraudulent activity, or violations of Playary’s policies.

No Retroactive Compensation

Playary will not provide retroactive compensation for content uploaded or made available before the launch of any monetization feature. Only content explicitly included in a monetization program and uploaded under applicable terms at that time will be eligible for compensation, if any.

4.4 User Content

Users may have the ability to upload, submit, post, or share content on Playary’s platform, including but not limited to playlists, comments, reviews, artwork, ratings, suggestions, feedback, or other materials (“User Content”). By submitting or making available User Content through the Services, you grant Playary a non-exclusive, worldwide, royalty-free, sublicensable, perpetual, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display such User Content in connection with the operation, promotion, marketing, and improvement of the Services.

You represent and warrant that:

• You own the User Content or otherwise have all necessary rights, licenses, consents, and permissions to grant the above license to Playary;
• Your User Content does not infringe upon or violate any intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party;
• Your User Content complies with all applicable laws and regulations and does not violate these Terms or any of Playary’s community standards or content policies.

Playary does not claim ownership over your User Content, but you acknowledge that once submitted, your content may become publicly accessible or viewable to others, depending on the nature of the content and the features of the Service.

Playary reserves the right—but has no obligation—to review, monitor, moderate, remove, edit, or restrict access to any User Content at its sole discretion, with or without notice, for reasons including but not limited to:

• Violations of these Terms or any applicable law;
• Reports of abuse or infringement by other users;
• Content deemed unlawful, harmful, threatening, defamatory, obscene, abusive, hateful, racially or ethnically offensive, or otherwise objectionable;
• Content that could harm the reputation or integrity of Playary or its community.

In submitting User Content, you acknowledge that Playary has no responsibility or liability for the content shared by users, and that you are solely responsible for any consequences resulting from your submission, use, or public sharing of such content.

You further agree that Playary may preserve User Content and may disclose it if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• Comply with legal obligations;
• Enforce these Terms;
• Respond to claims that any User Content violates the rights of third parties;
• Protect the rights, property, or safety of Playary, its users, or the public.

4.5 Licenses That You Grant Us

By uploading, submitting, or otherwise making available any content to Playary—including but not limited to podcasts, music, audiobooks, metadata, artwork, episode descriptions, promotional materials, or User Content—you grant Playary a limited, non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to host, store, reproduce, copy, modify (for formatting and technical purposes), adapt, transmit, stream, display, perform, distribute, promote, and otherwise make your content available through the Services.

This license is granted solely for the purpose of operating, improving, personalizing, promoting, and marketing the Services and your content within those Services. This includes activities such as:

• Making your content accessible to end users via web, mobile, and other applications;
• Generating previews, clips, recommendations, or excerpts to enhance user discovery and engagement;
• Promoting your content in Playary’s editorial selections, search engine listings, or through third-party integrations and social media;
• Improving audio quality, metadata structure, or playback performance across devices;
• Translating content titles, descriptions, or tags for international markets (without altering original work).

This license will continue to apply even if you discontinue use of the Services, unless and until you remove the content from the platform. Upon removal of the content by you (or by Playary upon your request or in accordance with its policies), the license willterminate after a reasonable period necessary to implement the removal across our systems, subject to:

• Residual rights for backup, archival, and legal compliance purposes as permitted by applicable law;
• The continued use of content that has already been distributed or accessed by users, including content incorporated into playlists, user libraries, or downloaded for offline use where permitted.

You agree and acknowledge that:

• Playary is not obligated to monitor, host, or continue to make your content available, and may remove or disable access to your content in accordance with these Terms;
• The rights you grant us are non-exclusive, meaning you retain all rights to use and license your content elsewhere;
• You are solely responsible for securing any necessary third-party rights (such as publishing rights, mechanical licenses, or rights of publicity) required for your content to be hosted and distributed by Playary under this license.

Nothing in this section restricts or limits your ownership of your content. You retain all moral and intellectual property rights in accordance with applicable laws.

4.6 Content Experience

Playary endeavors to provide a rich, safe, personalized, and engaging content experiencefor all users across our platform. To achieve this, we utilize a combination ofeditorial curation, algorithmic recommendations, search optimization, personalization based on listening behavior, and other user-centric technologies designed to enhance content discovery, playback quality, and platform engagement.

We may display, generate, or supplement content with metadata, cover artwork, descriptions, titles, categories, episode information, transcripts, author/presenter bios, and other related materials ("Supplemental Content") to create a more informative and enjoyable experience. Such information may be sourced from content providers, third-party databases, automated systems, or Playary’s own editorial team. However, while we strive for accuracy, we do not warrant or guarantee the completeness, correctness, legality, or timeliness of this Supplemental Content.

Content availability, quality, and features may vary based on multiple factors, including but not limited to:

• Your geographic region, as some content may be geo-restricted based on rights agreements or local regulations;
• Your device capabilities (e.g., some features may not be available on all devices or platforms);
• Your selected subscription tier, as premium features or high-quality streaming may only be available to paid users;
• Your language or personalization settings, which may affect the way content is recommended or presented.

Playary continuously monitors and improves the platform experience, but we do not guarantee:

• Uninterrupted, error-free, or buffer-free playback at all times;
• That all content will be available permanently or in the same format over time;
• That editorial rankings, playlist positions, or recommendation placements will be free from algorithmic or business-driven influences.

We also reserve the right, at our discretion, to modify, temporarily disable, or permanently remove any content, category, playlist, or feature, for technical, legal, editorial, or business reasons. This includes changes made to comply with takedown requests, content rights expirations, or performance optimizations.

Users acknowledge and agree that:

• Their experience may evolve over time based on usage data, updates to our services, or changes in licensing agreements;
• Playary is not liable for any direct or indirect damages resulting from the unavailability, removal, inaccuracy, or interruption of any content or feature;
• Content marked as "Exclusive," "New," "Featured," or similar labels are editorial decisions and do not imply any contractual or permanent status.

5. Copyright Infringement and Takedown Policy

5.1 Respect for Intellectual Property Rights

Playary respects the intellectual property rights of others and expects its users to do the same. It is our policy to respond promptly to valid notifications of alleged copyright infringement and to take appropriate action, including removing or disabling access to allegedly infringing content.

5.2 Reporting Copyright Infringement

If you believe that any content available through Playary infringes your copyright or the copyright of a party you represent, you may submit a written notification containing the following information:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the infringing material and information reasonably sufficient to permit Playary to locate the material;
• Your contact information, including address, telephone number, and email address;
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

5.3 Submission of Notices

Copyright infringement claims should be submitted via email at: [email protected]

5.4 Response to Notices

Upon receipt of a valid copyright infringement notification, Playary will promptly investigate the claim. If the claim is valid, Playary will remove or disable access to the allegedly infringing content. Playary may also notify the user who posted the content and provide information about the takedown.

5.5 Counter-Notification Process

If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification containing:

• Your physical or electronic signature;
• Identification of the removed content and its location before removal;
• A statement under penalty of perjury that you have a good faith belief the content was removed as a result of mistake or misidentification;
• Your name, address, telephone number, and a statement consenting to the jurisdiction of your local federal district court and accepting service of process from the person who submitted the original infringement notice.
• Upon receipt of a valid counter-notification, Playary may restore the content unless the original complainant files a lawsuit within the required legal timeframe.

5.6 Repeat Infringers

Playary reserves the right to terminate accounts of users who are deemed repeat infringers in accordance with applicable laws and policies.

5.7 No Liability

Playary assumes no liability for the content posted by users or third parties. The copyright infringement policy does not affect users' rights to fair use or other lawful uses of content.

6. Warranty and Disclaimer

6.1 No Warranty

To the maximum extent permitted by applicable law, the Services and all content, features, tools, and functionalities provided by Playary are offered on an "as is" and "as available" basis. Playary, its affiliates, licensors, and service providers make no representations or warranties of any kind, express or implied, with respect to the operation of the Services or the content included therein.

Without limiting the foregoing, Playary disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title;
• Warranties that the Services will be uninterrupted, timely, secure, or error-free;
• Warranties as to the accuracy, completeness, or reliability of any content or metadata made available through the Services;
• Warranties that defects or errors in the Services will be corrected, or that the Services or the servers that host them are free of viruses, malware, or other harmful components.
• Upon receipt of a valid counter-notification, Playary may restore the content unless the original complainant files a lawsuit within the required legal timeframe.

6.2 User Responsibility

You acknowledge and agree that your use of the Services is at your sole risk. You are solely responsible for evaluating the suitability, legality, and risks of any content you access, publish, distribute, or rely upon using the Services. No advice or information obtained by you from Playary, whether oral or written, shall create any warranty not expressly stated herein.

6.3 Third-Party Content and Services

Playary may integrate with or make available content or services provided by third parties (e.g., payment processors, hosting providers, content metadata services, ad providers). We do not control and are not responsible for such third-party content, services, or technologies, and make no warranties or representations regarding their reliability, safety, legality, or performance.

6.4 Jurisdictional Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain rights. In such cases, the disclaimers above may not apply to you in full, and shall be limited to the minimum extent permitted by applicable law.

7. Limitations

Under no circumstances and under no legal or equitable theory, whether in tort, contract, negligence, strict liability, or otherwise, shall Playary, its affiliates, directors, employees, licensors, or partners be liable to you or any other person or entity for any indirect, special, incidental, exemplary, punitive, or consequential damages of any kind. This includes, but is not limited to, damages for lost profits, loss of goodwill, loss of use, loss of data, business interruption, work stoppage, accuracy of results, device failure or malfunction, or any other commercial damages or losses, even if Playary has been advised of the possibility of such damages.

Playary shall also have no liability for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemics, labor disputes, cyberattacks, utility failures, or interruptions in internet or network services.

You acknowledge and agree that your use of the Playary platform, including all content and features, is at your own discretion and risk, and that you will be solely responsible for any damage to your device or loss of data that results from the use of the Services.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in full. In such cases, Playary’s liability will be limited to the maximum extent permitted by applicable law in your jurisdiction.

8. Dispute Resolution / Arbitration

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services informally by contacting us at [email protected]. We will attempt to resolve the dispute through good-faith negotiations within thirty (30) days of receiving your notice.

If the dispute cannot be resolved informally within this period, either party may initiate binding arbitration. The arbitration shall be conducted in Ankara, Türkiye, in accordance with the rules of the Istanbul Arbitration Center (ISTAC), and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Both parties agree that the arbitration will be conducted in the English or Turkish language, at the choice of the party initiating arbitration. Each party shall bear its own costs, except as may be otherwise provided in the arbitration ruling.

This arbitration agreement does not prevent either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction in Ankara, Türkiye.

9. Jurisdiction and Governing Law

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to any conflict of law principles.

Legal Jurisdiction

Any disputes, claims, or controversies arising out of or in connection with these Terms or the use of Playary’s Services shall be subject to the exclusive jurisdiction of the courts located in Ankara, Türkiye.

All parties hereby:

• Consent to the exclusive jurisdiction and venue of such courts,
• Waive any objections regarding the convenience or propriety of venue, and
• Agree not to bring any legal action in any other jurisdiction.

International Users

If you access Playary’s Services from outside Türkiye:

• You acknowledge and agree that Turkish law shall govern your use of the Services regardless of your location.
• You are solely responsible for ensuring that your access and use of the Services comply with local laws.
• In the event of any conflict between Turkish law and your local laws, Turkish law shall prevail.

Language and Translation

This Terms of Service document is originally drafted in English and shall be thecontrolling version. Any translations provided are for informational convenience onlyand may not accurately reflect the meaning of the original. In the event of any discrepancy or inconsistency between translations and the English version, the English version shall prevail.

Enforcement and Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law:

• That provision shall be modified, limited, or severed to the minimum extent necessary to make it valid and enforceable.
• The remainder of the Terms shall remain in full force and effect.

Limitation of Claims

Any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose. Failure to do so will result in the claim being permanently barred.

Legal Costs

In any legal proceeding arising from or related to these Terms:

• The prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.
• This provision applies to all legal claims, including but not limited to breach of contract, billing disputes, and refund claims.

10. Policy Updates and Changes

Playary reserves the right to modify, update, or revise these Terms of Service at any time, at its sole discretion. Any changes will become effective immediately upon being posted on the Playary website or within the Services. It is your responsibility to review these Terms periodically to stay informed of any updates.

By continuing to access or use the Services after the Terms have been updated, you acknowledge and agree to be bound by the modified Terms. If you do not agree to the updated Terms, you must stop using the Services immediately.

Changes to specific features, policies, or services offered by Playary may also be communicated via email or in-app notifications when applicable.

11. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Services, or if you wish to exercise any of your rights outlined herein, you may contact us using the following details:

Support Email: [email protected]
Company Name: PLAYARY YAZILIM DONANIM BİLİŞİM TİCARET TAAHHÜT VE SANAYİ LİMİTED ŞİRKETİ

We aim to respond to all inquiries within a reasonable timeframe, typically within 5 to 10 business days.

By using Playary’s services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Services. These Terms constitute the entire agreement between you and Playary with respect to the use of the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Playary with respect to the Services.

Any failure by Playary to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. A waiver will only be effective if made in writing and signed by an authorized representative of Playary.

These Terms remain in effect unless and until terminated by either you or Playary. All rights not expressly granted herein are reserved by Playary.

Thank you for using Playary.