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YASTIK ALTI — TERMS OF USE

Effective Date: May 5, 2026
Last Updated: May 5, 2026
Version: 1.1

In case of conflict between this English version and the Turkish version, the Turkish text shall prevail.

1. PARTIES AND SCOPE

1.1. Parties

These Terms of Use ("Terms" or "Agreement") are entered into between Doğan Cinek ("Developer", "we", "us", or "our"), based in the Republic of Türkiye, on the one hand, and any natural or legal person ("User", "you", or "your") who downloads, installs, registers, or uses the Yastık Altı mobile application (the "Application" or "Service"), on the other.

1.2. Acceptance and Binding Effect

By downloading, installing, opening, registering, using the Application in any manner, or accepting an invitation to a Family Portfolio or an Altın Günü session, you unconditionally declare that you have read, understood, and fully accepted these Terms as a binding agreement, without the need for a counter-signature. If you do not accept these Terms, do not use, install, or use the Application — remove it from your device. Any ambiguity in the Terms shall be resolved excluding the contra proferentem rule, in line with the Developer's reasonable commercial interests and mandatory provisions of Turkish law.

1.3. Apple End User License Agreement (EULA)

These Terms supplement and reference Apple Inc.'s Standard End User License Agreement applicable to apps distributed via the App Store (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). In case of conflict between Apple EULA and these Terms, the more restrictive provisions of Apple EULA prevail.

1.4. Age and Capacity

You must be at least 13 (thirteen) years old to use the Application and have the legal capacity to accept these Terms under your local law. If you are under 18, you must obtain explicit and verifiable parental/guardian consent before using the Application — and especially before accepting a Family Portfolio invitation or joining an Altın Günü session. The Developer reserves the right to delete the account, invitation, and data of any user reasonably determined to be a minor without prior notice and is not liable for any resulting damages.

2. PURPOSE AND FUNCTIONS OF THE APPLICATION

2.1. Nature of the Application

Yastık Altı is a mobile application designed for personal tracking and visualization of physical gold and silver investments. Its core functions include (without restrictive enumeration):

2.2. NOT INVESTMENT ADVICE — IMPORTANT NOTICE

THE APPLICATION DOES NOT PROVIDE INVESTMENT ADVISORY SERVICES UNDER THE TURKISH CAPITAL MARKETS LAW OR RELATED REGULATION.

No information, calculation, chart, report, price data, Sell/Buy advisor output, RSI/SMA indicator, volatility measure, signal classification, notification, purchasing-power calculation, or recommendation produced by the Application:

You must base investment decisions only on advice from a licensed investment advisor, financial advisor, or authorized institution and conduct your own research. The Developer is in no event liable for any decision you make based on data or technical indicators shown in the Application.

2.3. Data Sources and Accuracy

Market data, exchange rates, and price information are obtained from third-party data providers. This data:

All calculations of profit/loss, portfolio value, goal progress, Sell/Buy signals, purchasing power, and the like are an automated combination of user-entered data and third-party market data and may not reflect actual market conditions.

2.4. Sell/Buy Advisor — Express Disclaimer

The "Buy/Sell Analysis" module presents technical indicators deterministically computed from publicly available historical market data (RSI 14, SMA 30, weekly volatility, etc.). These indicators:

2.5. Family Portfolio (CKShare) — Joint Responsibility and Indemnity

The "Family Portfolio" feature lets users invite others to a shared data zone via CloudKit Sharing. By enabling this feature or accepting an invitation:

2.6. Altın Günü (Multipeer / NI) — P2P Session Responsibility

The "Altın Günü" feature uses Apple Multipeer Connectivity and NearbyInteraction to digitize face-to-face gold-day sessions among physically proximate users. By using this feature, you accept that:

2.7. Apple Watch + Live Activity + Widget — Auxiliary Components

The Apple Watch companion app, Watch Complications, home screen widgets, lock screen widgets, Live Activity (Dynamic Island), and iOS 18+ Control Widget are auxiliary/supplementary components of the Application provided under the principal license. The Developer:

3. ACCOUNT, REGISTRATION, AND USER OBLIGATIONS

3.1. Account Information

The Application does not create a server-side user account. All your data is stored locally on your device (SwiftData) and, if enabled, in iCloud / CloudKit private DB on Apple's infrastructure. If you lose your device, reset it, lose access to iCloud, or erase it, your data may not be recoverable. It is exclusively your responsibility to back up your data (e.g., iCloud backup), to keep your Apple ID secure, and to keep two-factor authentication enabled.

3.2. Accuracy of User-Provided Data

The accuracy, completeness, and timeliness of all transaction information you enter into the Application (purchase date, gram amount, paid amount, jeweler name, etc.) rests solely with you. Calculation errors, incorrect reports, false signals, or notifications resulting from incorrect input are not the Developer's responsibility.

3.3. Prohibited Use

You may not use the Application to:

3.4. Device Security

The physical security of your device (passcode, Face ID/Touch ID, lock screen), the security of your Apple ID (strong password, two-factor authentication), iCloud Keychain enablement, and prevention of unauthorized access are exclusively your responsibility. The Developer is not liable for unauthorized third parties accessing your device, Apple ID, iCloud account, or CKShare URLs to view, modify, share, or delete Application data.

4. PREMIUM SUBSCRIPTION (PREMIUM YASTIK)

4.1. Subscription Plans

In addition to a free baseline tier, the Application offers a paid subscription called "Premium Yastık". The plans, durations, and prices are exclusively those shown in the App Store purchase screen in your country's currency, tax structure, and Apple's applicable terms. Any price or plan name mentioned in these Terms is non-binding; only the App Store price displayed at the time of purchase is binding.

4.2. Auto-Renewal — Apple-Mandated Disclosures

The following provisions are legally required under Apple App Store Review Guidelines § 3.1.2(a) and must be read carefully before purchasing.

4.3. Free Trial (If Offered)

Where a free trial is offered for a particular plan:

4.4. Premium Features

Premium subscription provides access to silver tracking, Family Portfolio creation/management, advanced reports, unlimited goals, additional notification options, opportunity-cost analyses, Sell/Buy advisor, purchasing-power calculator, and other Premium features that may be added in the future. Scope may change with notice; features paid for in the current billing period are preserved for that period.

4.5. Price Changes

The Developer reserves the right to change subscription prices. Price increases will be communicated to existing subscribers at least 30 days before their renewal date by appropriate means (in-app notice, email, etc.) and are subject to Apple's renewal-consent policies.

5. INTELLECTUAL PROPERTY

5.1. Developer's Rights

The Application — including all source code, design, graphics, marks, logos, UI, text, audio, icons, animations, orientalist pattern motifs, persona cards, and the "Yastık Altı" and "Yastık Altı Gold" trademarks — is the exclusive property of the Developer and is protected under Law No. 5846 on Intellectual and Artistic Works, Law No. 6769 on Industrial Property, and applicable international intellectual property treaties.

5.2. License Grant

Subject to your compliance with these Terms, you are granted a personal, non-commercial, non-transferable, non-sublicensable, revocable license to use the Application only on Apple-branded devices that you own or control. This license is subject to Apple EULA's "Scope of License".

5.3. User Content

The transaction data, goals, nicknames, avatar selections, shared zone content, and other personal records you enter into the Application ("User Content") belong to you. The Developer claims no ownership of User Content. However, to the extent necessary for the Application to function, you grant the Developer a non-exclusive, worldwide, perpetual license to process, display, share via App Group with widget/watch, write to CloudKit infrastructure via CKShare invitation, and use this content in calculations.

5.4. Feedback

Suggestions, feedback, new feature ideas, or improvement proposals you provide for the Application ("Feedback") shall be deemed granted to the Developer under a royalty-free, non-exclusive, worldwide, perpetual, transferable, sublicensable license; the Developer may use such Feedback without any payment obligation, attribution requirement, or future confidentiality obligation.

6. PRIVACY AND DATA PROTECTION

6.1. Reference to Privacy Policy

Processing of your personal data is detailed in the Privacy Policy under KVKK and, to the extent applicable, GDPR and CCPA/CPRA. By accepting these Terms, you also accept the Privacy Policy in its entirety.

6.2. Storage Method

The Application:

6.3. Third-Party Services

The Application uses the following third-party services:

Each third-party service has its own terms and privacy policy; by using these services, you also accept their terms.

7. WARRANTY DISCLAIMER

7.1. "AS IS"

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE". THE DEVELOPER MAKES NO WARRANTY, EXPRESS OR IMPLIED. This includes, without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, uninterrupted operation, non-infringement, and absence of errors.

7.2. Items Not Warranted

The Developer specifically does not warrant:

8. LIMITATION OF LIABILITY

8.1. Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Developer's total liability to you in connection with the Application or these Terms shall not exceed the greater of (a) the net amount you actually paid for the Application via Apple in the 12 months preceding the event giving rise to the claim or (b) the equivalent of USD 50 (fifty). For free users, this cap is USD 50, and any claim exceeding that amount cannot be entertained.

8.2. No Liability for Indirect Damages

The Developer shall in no event be liable for:

even if the possibility of such damages was foreseeable or previously notified.

8.3. Material Term

These limitations are a fundamental and indispensable element of the economic balance between the Developer and the User; the Developer would not provide the Service for free or for a reasonable fee without these limitations. If any portion of this clause is held unenforceable, that portion will be automatically narrowed to the maximum extent enforceable by law.

8.4. Force Majeure and Third-Party Dependence

The Developer's ability to deliver the Service directly depends on third-party infrastructure providers (Apple, Google, Firebase, data providers, mobile carriers, internet providers, etc.). The Developer is not liable for outages of, price/term changes by, discontinuance of, or policy changes by these third parties. Acts of God, pandemics, wars, terrorism, cyberattacks, governmental orders, internet outages, blocking, EMI/RFI interference, and similar events beyond reasonable control constitute force majeure.

9. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to promptly, jointly and severally indemnify the Developer (including reasonable attorneys' fees, consultancy fees, and court costs) against any third-party claim, action, investigation, administrative sanction, tax penalty, cost, or expense arising out of or related to:

10. SUSPENSION AND TERMINATION

10.1. Developer's Right

The Developer may suspend, restrict, or terminate the Service to you at any time, without prior notice and without any obligation to compensate, in any of the following cases:

10.2. User's Right

You may end your use of the Service at any time by removing the Application from your device. Cancel subscriptions per § 4.2.

10.3. Effects of Termination

Upon termination:

11. CHANGES TO THE APPLICATION

The Developer reserves the right, in its sole discretion, to modify, add to, remove, or suspend the Application, its features, pricing, or these Terms at any time. Material changes:

If you do not accept the changes, your sole remedy is to discontinue use and cancel your subscription; the Developer has no refund or compensation obligation in that case.

12. APPLE-SPECIFIC PROVISIONS

This section contains provisions required by Apple Inc. under the App Store Review Guidelines.

12.1. Relationship with Apple

You acknowledge that these Terms are between Developer and User exclusively, not with Apple Inc. Apple is not responsible for the Application or its content.

12.2. Scope of License

The license to use the Application granted under Apple EULA is non-exclusive for use on Apple-branded products.

12.3. Maintenance and Support

Maintenance and support for the Application are the responsibility of the Developer. Apple has no obligation to provide maintenance or support.

12.4. Warranty

If a warranty under Apple EULA applies, the warranty obligation is exclusively the Developer's. If the Application fails to conform, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation regarding the Application.

12.5. Product Claims

The Developer is exclusively responsible for addressing any user or third-party claims relating to the Application or its possession or use (e.g., product liability, statutory non-conformity, consumer protection, privacy claims).

12.6. Intellectual Property Claims

If a third party asserts that the Application infringes its intellectual property rights, the Developer is exclusively responsible for the investigation, defense, settlement, and discharge of the claim.

12.7. Legal Compliance

You represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country and (ii) listed on any U.S. Government list of prohibited or restricted parties.

12.8. Third-Party Beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms; by accepting these Terms, you acknowledge that Apple has the right to enforce these Terms against you with respect to Apple-related provisions.

13. GOVERNING LAW AND JURISDICTION

13.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Türkiye. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

13.2. Competent Courts

For any dispute arising out of or related to these Terms or use of the Application:

13.3. Consumer Rights Reserved

Nothing in these Terms limits or eliminates any mandatory consumer rights granted under Consumer Protection Law No. 6502; mandatory provisions remain in force notwithstanding acceptance of these Terms.

13.4. Class Action Waiver (Where Applicable)

To the maximum extent permitted by applicable law, you agree to resolve any dispute related to the Application or these Terms individually, and not as a class action or representative action. This waiver applies for consumer-class users to the extent permitted by mandatory law.

14. GENERAL PROVISIONS

14.1. Entire Agreement

These Terms, together with Apple EULA and the Privacy Policy, constitute the entire agreement between Developer and User regarding the Application and supersede all prior written or oral understandings.

14.2. Severability

If any provision of these Terms is held invalid or unenforceable by a competent court, that provision is severed from the remainder and the remainder shall continue in full force and effect. The invalid provision is automatically narrowed to the maximum enforceable extent.

14.3. No Waiver

Any delay or failure by the Developer to enforce any provision of these Terms is not a waiver of that right and does not waive any prior similar breach.

14.4. Assignment

You may not assign your rights or obligations under these Terms without the Developer's prior written consent. The Developer may assign these Terms at any time without restriction, including in mergers, acquisitions, bankruptcy, or liquidation.

14.5. Notices

Formal notices to the Developer must be sent to:

devcinek@gmail.com

Notices from the Developer to you may be made via in-app notification, push notification, Live Activity, email, or App Store update notes and constitute valid service of notice.

14.6. Language and Construction

These Terms are published in Turkish and English. In case of conflict, the Turkish text prevails. Illustrative enumerations ("including but not limited to", "etc.", "and the like") shall not be construed restrictively; all provisions shall be construed in line with the Developer's reasonable commercial interests, without applying the contra proferentem rule.

14.7. Independent Contractor

The relationship between the parties is that of independent contractors and does not create a partnership, joint venture, agency, or employer-employee relationship.

15. CONTACT

For questions, requests, or notices:

BY ACCEPTING THESE TERMS OF USE, YOU CONFIRM THAT YOU HAVE READ THESE TERMS IN FULL, UNDERSTOOD THEM, AND ACCEPTED THEM AS A BINDING AGREEMENT, AND YOU ACKNOWLEDGE THAT THE LIMITATION OF LIABILITY, INDEMNITY OBLIGATIONS, AND JURISDICTION PROVISIONS HEREIN FORM THE BASIS OF THE ECONOMIC BALANCE BETWEEN THE PARTIES.

© 2026 Doğan Cinek — Yastık Altı · devcinek@gmail.com