1. Definitions

To help explain the terms used in this document clearly, the following definitions apply:

• Website: Refers to Noiseyard's site and its associated domains, accessible via Noiseyard .

• Company: Refers to Noiseyard Yazılım Ltd. (Hasanpaşa, Nabizade Sk. No:82 / 1, 34722 Kadıköy/İstanbul), indicated by “the company”, "we," "us," or "our”.

• Services: Refers to the services provided by Noiseyard through the Website.

• User or You: Refers to any individual or entity accessing or using the Website and Services, regardless of whether they have created an account.

• Content: Includes all text, graphics, logos, software, and other materials available on the Website.

• User Content: Refers to any content that users upload or submit to the Website.

2. Applicability

These Terms of Use apply to all users of Noiseyard's Website and Services, regardless of whether or not they have created an account. By accessing or using our Website and Services, you agree to comply with and be bound by these Terms of Use. Please read them carefully.

3. Acceptance of Terms

These Terms of Use are between you and Noiseyard Inc. ("we", or "us"). They govern your use of the Website and its content. By using the Website, you agree to these Terms of Use and our Privacy Policy, which is incorporated by reference. If you do not agree to these terms, do not use or access the Website or Services.

4. Changes to Terms

We may update these Terms of Use periodically. When changes occur, we will update the terms on our website, including the "Last Updated" date. Changes will be effective immediately upon posting on the Website. Your continued use of the website after any changes indicates your acceptance of the new terms. Please review these terms periodically.

5. Use of Services

a. Eligibility: You must be at least 18 years old or have parental consent to use the Website or Services. By using the Website, you represent and warrant that you meet these requirements.

b. Account Management: You are responsible for maintaining the confidentiality of your account information, including your password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

c. Prohibited Activities: You agree not to use the Website for any unlawful purpose or in any way that could damage or impair the Website. Prohibited actions include, but are not limited to:

• Using the Website for unlawful purposes or in violation of any applicable laws or regulations.

• Interfering with or disrupting the operation of the Website or our servers.

• Attempting to gain unauthorized access to our systems or accounts.

• Posting or transmitting any content that is defamatory, obscene, or infringes on the rights of others.

• Using automated tools to scrape or monitor the Website.

• Introducing viruses or other malicious software.

6. Content

a. Our Content: All content on the Website, including text, graphics, logos, and software, is owned by Noiseyard or its licensors and is protected by intellectual property laws. You may not reproduce, modify, distribute, or create derivative works from any content without our written permission.

b. User Content: You retain ownership of the content you upload to Noiseyard. However, by submitting content to our platform, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, display, and distribute your content in connection with our services.

c. No Warranty: We do not guarantee the accuracy, completeness, or usefulness of any content provided by users or third parties. The Website or the user websites may contain links to third-party sites. We are not responsible for the content or accuracy of these sites. Accessing them is at your own risk.

7. User Content Standards

User content and contributions must:

• Be legal, truthful, and respectful.

• Not be defamatory, obscene, or offensive.

• Not infringe on any third-party rights.

8. Subscription and Payment

a. Subscription Plans: Noiseyard offers three different subscription tiers to suit the needs of our customers. We recommend the most suitable tier based on your requirements, but ultimately, you can select the subscription plan that best fits your needs. Subscriptions are offered in two types: monthly and annually. Annual subscriptions come with a discount of approximately 25% compared to monthly subscriptions.

Details of each tier and associated fees are available on our website. We may offer different rates for different countries. It is the User's responsibility to provide accurate information about their location and not to exploit the Company. Noiseyard reserves the right to terminate the User's account or make necessary changes to the relevant information in case of detection of false statement.

b. Trial Period: Upon registering for a Noiseyard account, you will be granted a 30-day free trial period. This period starts as soon as your website goes live. During the trial period, you will not be charged. By providing your payment information before the website goes live, you agree to enter into a subscription agreement for the selected plan, which will take effect after the 30-day trial period ends.

c. Billing: At the end of the 30-day free trial period, your subscription will automatically convert to a paid subscription based on the selected tier and billing cycle (monthly or annually). The first payment will be charged immediately after the trial period ends. Subsequent payments will be billed according to the billing cycle you selected (monthly or annually). You will not be charged during the trial period.

d. Refund Policy: Since the service is delivered immediately upon activation of the 30-day trial (i.e., as soon as your website goes live), we do not offer refunds once the trial period has started. The subscription fee is non-refundable unless required by law. The user accepts that the provision of the service will begin immediately and therefore waives their right of withdrawal. The user may cancel their subscription before the trial period ends by contacting our Support Team. In such cases, the paid subscription will not start, and no charges will be applied. To avoid billing, users must cancel their account before the trial concludes.

e. Right to Pause: Noiseyard provides a flexible pause option for paid subscriptions. This allows users to maintain access to their account without losing data, even when their website is offline.

f. Subscription (Tier) Upgrades and Downgrades:

• Upgrading Your Subscription (Tier): Users may upgrade their subscription plan at any time during their billing period. Upon upgrading:

  • The user will be charged the additional amount immediately, based on the difference in pricing between the old and upgraded tier.

  • In most of the scenarios, the upgrade will take effect immediately, and the user will gain access to the new plan’s features right away. The details for different subscription change scenarios can be found here.

• Downgrading Your Subscription (Tier): Downgrades are allowed but will take effect at the start of the next billing period. Users will not receive a prorated refund for the unused portion of the current billing period.

  • Once the downgrade is applied, the user will have access to the features of the lower-tier plan.

  • The subscription fee for the downgraded plan will be charged at the start of the next billing cycle.

Note: Subscription upgrades are charged immediately, whereas downgrades will be applied to the next billing cycle and are not eligible for any refund or credit for the current billing period.

9. Pausing Your Subscription

a. Options for Pausing:

• Users have the flexibility to pause their subscription for a duration of 1 month, 2 months, or 3 months. This allows you to take a break from your Noiseyard subscription without permanently canceling it. By pausing your subscription, you state that you understand your subscription will automatically resume after the selected pause duration, and the associated fee will be charged at the end of this said duration, as stated on the Website.

b. Effect of Pausing on Services:

• Pausing will take effect at the start of your next billing period. During the current billing period, you can continue to use all Noiseyard features as usual.

• When paused:

  • Your website will be taken offline, meaning it will no longer be accessible to visitors.

  • Newsletter tools will be disabled.

  • However, you will retain full access to your account, allowing you to log in and make edits or updates to your website.

c. End of Pause Duration:

• When the selected pause duration expires, your subscription will automatically resume.

  • Your website will go back online, making it accessible to visitors.

  • All Noiseyard features, including newsletter tools and other services, will be reactivated.

  • The applicable subscription fee for your plan will be charged at the start of the resumed billing cycle.

d. Flexibility to Pause Anytime:

• Users can choose to pause their subscription at any time during an active billing period. However, the pausing effect will not take place immediately but will be applied at the start of the next billing cycle.

e. Resuming Before the Pause Ends:

• Users can resume their subscription manually before the pause duration ends. Upon manual resumption:

  • The website and all associated services will be reactivated immediately.

  • The subscription fee for the resumed billing period will be charged accordingly.

10. Domain Management

a. Custom Domain Registration: Upon the commencement of your subscription and the conclusion of any free trial period, you are eligible to register one custom domain through Noiseyard. We will handle the domain's management, including configuration, automatic payments, and annual renewals, as long as your Noiseyard subscription continues.

b. Domain Transfer: If you wish to transfer ownership of a domain registered through Noiseyard, please note that you will need to cancel your Noiseyard account. Once you have canceled your account, we will assist with the transfer process and ensure that your domain remains under our management until the transfer is completed.

c. Existing Domain Connection: If you own a domain already, you have the option to connect it to your Noiseyard website while retaining full ownership of the domain name.

11. License Restrictions

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Website or make it available to any third party.

• Modify, create derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Website.

• Remove, alter, or obscure any proprietary notice of Noiseyard or its affiliates, partners, suppliers, or licensors.

12. Intellectual Property

All intellectual property rights in the Software and its components remain the exclusive property of Noiseyard (or its suppliers or licensors). Your use of Noiseyard’s intellectual property rights is limited to the terms of this Agreement. You agree to use the highest standard of care to safeguard all Software and not to use it outside the scope of this Agreement.

13. Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions provided by you to Noiseyard regarding the Software shall remain the sole property of Noiseyard. Noiseyard is free to use, copy, modify, publish, or redistribute your suggestions without any obligation to you.

14. Modifications to Application

Noiseyard reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.

15. Changes to the Website

We may update the Website and its content periodically. We are not obligated to notify you of changes or maintain outdated content.

16. Termination

a. Termination by Us: We may terminate or suspend your access to the Website or Services if we believe you have violated these Terms of Use or engaged in prohibited activities.

b. Termination by You: You may cancel your subscription at any time by contacting our Support Team. Upon termination, you acknowledge that:

• Your website and all associated data will be permanently deleted.

• Any unused portion of the subscription period will not be refunded.

• To avoid loss of data, users are encouraged to utilize the pause feature or download their data before terminating.

17. Disclaimers

The Website is provided "as is" without warranties of any kind. We do not guarantee that the Website will be available or free from errors or viruses. Your use of the Website is at your own risk.

18. Limitation of Liability

To the fullest extent permitted by law, Noiseyard and its affiliates are not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website. You agree to indemnify and hold Noiseyard harmless from any claims or liabilities arising out of your use of the Website or your violation of these Terms of Use.

19. Dispute Resolution

a. Governing Law: These Terms of Use are governed by the laws of Türkiye, without regard to its conflict of law principles.

b. Dispute Resolution: Any disputes arising from or related to these Terms of Use will be resolved through binding arbitration in Türkiye, in accordance with the laws of Türkiye.

20. Contact Us

If you have any questions about these Terms of Use, please contact us at: support@noiseyard.com.