TERMS OF USE

Last updated: February 17, 2025

These Terms of Use ("Terms") govern your access to and use of the Mangai mobile application (the "App") operated by APPSTERRA YAZILIM TICARET LIMITED SIRKETI ("Company," "we," "our," or "us"), a company registered in Turkey. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. ELIGIBILITY

You must be at least 13 years of age (or the minimum age of digital consent in your jurisdiction, whichever is higher) to use the App. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the App, you represent and warrant that you meet these eligibility requirements.

2. ACCOUNT

• When you first launch the App, an anonymous account is automatically created for you using a unique device identifier.
• You are responsible for maintaining the security of your device and account.
• You are responsible for all activities that occur under your account.
• We reserve the right to suspend or terminate your account if you violate these Terms.

3. APP DESCRIPTION AND SERVICES

Mangai is an AI-powered comic and manga story creation application. The App allows you to:

• Create characters using AI-based image generation (from text descriptions or uploaded photos).
• Generate multi-page comic/manga stories with AI-generated artwork, panels, and dialogue.
• Choose from multiple art styles for your stories.
• Share your created stories with others via links.
• View and manage your previously created stories and characters.

4. AI-GENERATED CONTENT

4.1 Nature of AI Content

All comic pages, character images, and story content generated through the App are created by artificial intelligence systems. You acknowledge and agree that:

• AI-generated content may not always meet your expectations or be perfectly accurate.
• The AI may produce content that is similar to content created for other users, as the AI models are trained on large datasets.
• We do not guarantee the uniqueness, originality, or copyright eligibility of any AI-generated content.
• AI-generated content should not be relied upon for factual accuracy.

4.2 Ownership of AI-Generated Content

• Your Inputs: You retain ownership of the text prompts, descriptions, and photos you provide to the App.
• AI Outputs: Subject to your compliance with these Terms and your active subscription or credit purchase, we grant you a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute the AI-generated content (comic pages, character images, story content) created through your use of the App for personal and commercial purposes.
• Our Rights: We retain the right to use AI-generated content for the purpose of improving our services, training our AI models, and promotional purposes (in anonymized or aggregated form). We will not publicly attribute specific content to you without your consent.
• No Guarantee of Exclusivity: Due to the nature of AI generation, we cannot guarantee that content generated for you will be entirely unique or that similar content will not be generated for other users.

4.3 Copyright Disclaimer

The legal status of AI-generated content under copyright law varies by jurisdiction and is evolving. We make no representations or warranties regarding the copyrightability of AI-generated content. You acknowledge that:

• AI-generated images and text may not be eligible for copyright protection in all jurisdictions.
• You use AI-generated content at your own risk with respect to intellectual property claims.
• We are not responsible for any third-party intellectual property claims arising from your use of AI-generated content.

5. USER CONDUCT AND PROHIBITED USES

You agree not to use the App to:

• Generate content that depicts real individuals without their consent (except yourself).
• Create content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Generate content that promotes violence, discrimination, or hatred against any individual or group.
• Create sexually explicit content involving minors or any content that exploits children.
• Infringe upon or violate the intellectual property rights, privacy rights, or any other rights of any third party.
• Use the App for any illegal purpose or in violation of any applicable laws or regulations.
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App or its AI models.
• Use automated scripts, bots, or other means to access or interact with the App in an unauthorized manner.
• Interfere with or disrupt the integrity or performance of the App or its servers.
• Circumvent any access controls, usage limits, or credit systems implemented in the App.
• Resell, redistribute, or sublicense access to the App or its features without our prior written consent.
• Upload content that contains malware, viruses, or other harmful code.

We reserve the right to remove any content and suspend or terminate your account if you violate these provisions, without prior notice and at our sole discretion.

5.1 User Responsibility for Copyright Infringement

You are solely responsible for ensuring that the content you create, upload, or share through the App does not infringe the intellectual property rights of any third party. This includes but is not limited to:

• Not uploading photos of individuals without their consent for character creation.
• Not using prompts that intentionally replicate copyrighted characters, logos, brand names, or other protected content.
• Not distributing AI-generated content that you know or reasonably should know resembles existing copyrighted works.

If a third-party rights holder notifies us that content associated with your account infringes their intellectual property, we may remove the content and notify you. Repeat violations will result in permanent account termination. You agree to indemnify the Company for any damages, costs, or expenses arising from intellectual property claims related to your use of the App.

6. SUBSCRIPTIONS AND IN-APP PURCHASES

6.1 Subscription Plans

• The App offers auto-renewable subscription plans (e.g., Weekly and Yearly) that provide credits for generating comic stories.
• Subscription prices are displayed in the App and may vary by region. All prices include applicable taxes.
• Subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the end of the current period.
• Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.

6.2 Credits

• Credits are a virtual currency used within the App to generate comic stories. Each story generation consumes a specific number of credits based on the number of pages.
• Credits included with a subscription are granted upon successful purchase and renewal.
• Additional credits may be available for purchase as separate in-app purchases (consumable).
• Credits have no monetary value outside the App and cannot be exchanged for cash, transferred to other users, or refunded (except as required by applicable law).
• Unused credits do not expire while your account is active.

6.3 Free Features

Certain features of the App may be available without a subscription or credit purchase. We reserve the right to modify which features are free at any time.

6.4 Managing Subscriptions

• You can manage your subscription and turn off auto-renewal in your Apple ID Account Settings.
• Canceling a subscription will not result in a refund for the current billing period. You will continue to have access to subscription benefits until the end of the current billing period.
• Deleting the App does not cancel your subscription. You must cancel through your Apple ID Account Settings.

6.5 Refunds

All purchases are processed through Apple's App Store. Refund requests must be directed to Apple in accordance with their refund policies. We do not have the ability to issue refunds for App Store purchases. For Apple's refund process, visit Apple Support.

6.6 Price Changes

We reserve the right to change subscription prices at any time. Price changes for existing subscribers will take effect at the start of the next billing period following notice of the price change. Your continued use of the App after a price change constitutes your agreement to the new price.

7. INTELLECTUAL PROPERTY

7.1 Our Intellectual Property

The App, including its design, user interface, graphics (excluding AI-generated content and user-uploaded content), logos, trademarks, software, code, AI models, and all other proprietary materials, are owned by or licensed to Mangai and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App or its proprietary materials without our prior written consent.

7.2 User-Uploaded Content

By uploading photos or other content to the App, you represent and warrant that:

• You own or have the necessary rights and permissions to use and upload such content.
• Your content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
• You grant us a non-exclusive, worldwide, royalty-free license to use, process, and store your uploaded content solely for the purpose of providing and improving the App's services.

7.3 Third-Party Intellectual Property Complaints (DMCA & Takedown)

APPSTERRA YAZILIM TICARET LIMITED SIRKETI respects the intellectual property rights of others and expects users of the App to do the same. Since the App uses AI to generate content, there is a possibility that AI-generated output may unintentionally resemble existing copyrighted works, trademarks, or other protected intellectual property.

If you are a rights holder or an authorized representative of a rights holder and believe that content generated through or available on the App infringes your intellectual property rights (including but not limited to copyrights, trademarks, trade dress, or other proprietary rights), we are committed to working with you to resolve the issue promptly. Please submit a notice to [email protected] including:

• Your full name, company name (if applicable), and contact information (address, email, phone number).
• A clear identification of the copyrighted work, trademark, or other intellectual property you claim has been infringed.
• A detailed description of the allegedly infringing content and, if possible, its location within the App (e.g., story ID, screenshot, or other identifying information).
• An explanation of how the content infringes your rights.
• A statement that you have a good faith belief that the use of the material is not authorized by the rights owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the rights owner or authorized to act on behalf of the rights owner.
• Your physical or electronic signature.

Our Response Process:

• Upon receiving a valid and complete notice, we will investigate the claim promptly.
• If the claim is substantiated, we will take appropriate action, which may include removing or disabling access to the infringing content, issuing a warning to the user responsible, or suspending/terminating the user's account in cases of repeat infringement.
• We aim to respond to all valid intellectual property complaints within 5 business days.
• We maintain a repeat infringer policy and will terminate the accounts of users who repeatedly infringe third-party intellectual property rights.

Counter-Notice: If you are a user whose content has been removed or disabled due to a copyright complaint and you believe the removal was made in error, you may submit a counter-notice to [email protected] with: (a) your contact information, (b) identification of the removed content, (c) a statement under penalty of perjury that you have a good faith belief the content was removed by mistake, and (d) your consent to the jurisdiction of the competent courts of Istanbul, Turkey.

8. DISCLAIMER OF WARRANTIES

THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED CONTENT.
• WARRANTIES THAT AI-GENERATED CONTENT WILL BE UNIQUE, ORIGINAL, OR ELIGIBLE FOR COPYRIGHT PROTECTION.

WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE. YOU USE THE APP AT YOUR OWN RISK.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL APPSTERRA YAZILIM TICARET LIMITED SIRKETI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.
• THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless APPSTERRA YAZILIM TICARET LIMITED SIRKETI, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:

• Your use of the App and any content you create, upload, or share through the App.
• Your violation of these Terms.
• Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights.
• Any third-party claims related to AI-generated content you use or distribute.

11. TERMINATION

• We may suspend or terminate your access to the App at any time, without prior notice or liability, for any reason, including if you breach these Terms.
• Upon termination, your right to use the App will immediately cease. Any credits remaining in your account at the time of termination will be forfeited.
• Sections that by their nature should survive termination will survive, including but not limited to: intellectual property provisions, warranty disclaimers, limitation of liability, and indemnification.

12. MODIFICATIONS TO THE APP AND TERMS

12.1 App Modifications

We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

12.2 Terms Modifications

We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision is material, we will provide notice through the App or our website. By continuing to use the App after revisions become effective, you agree to be bound by the revised Terms.

13. APPLE APP STORE TERMS

The following additional terms apply to the extent the App is accessed through the Apple App Store:

• These Terms are between you and APPSTERRA YAZILIM TICARET LIMITED SIRKETI only, and not with Apple Inc. ("Apple"). The Company, not Apple, is solely responsible for the App and its content.
• Apple has no obligation to furnish any maintenance or support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. 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.
• Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation between the parties.
• If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to the competent courts of Istanbul, Turkey.
• Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from any court of competent jurisdiction.

15. GENERAL PROVISIONS

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the App.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performing our obligations due to events beyond our reasonable control, including natural disasters, war, terrorism, strikes, government actions, or failures of third-party services.

16. CONTACT US

If you have any questions about these Terms, please contact us:

• Company: APPSTERRA YAZILIM TICARET LIMITED SIRKETI
• Email: [email protected]
• Website: https://getmangai.com/support