These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the Background mobile application (the "Service") operated by Lunapark Medya Internet Teknolojileri Sanayi ve Ticaret A.S ("us", "we", or "our").

Please read these Terms and Conditions carefully before using our Background mobile application (the "Service").

Your access to and use of the Service are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Who can use the Services

No one under 13 is allowed to create an account or use the services.

Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You agree that this license includes the right for us to use your Content to improve our service, in particular, but not restricted to, using your Content to improve and train our segmentation algorithms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

"Background Pro" subscriptions

Background: Pro subscriptions are charged monthly or annually to your iTunes Account after your trial ends. Subscriptions will auto-renew every month or year unless turned off at least 24 hours before the end of the current period. To stop auto-renewal, visit Account Settings in iTunes after purchase. Any unused portion of a free trial, if offered, will be forfeited when you purchase a subscription, if applicable.

Respecting other people’s rights

PlusMinusOne respects the rights of others, and so should you. Therefore, you may not use the Services, or enable anyone else to use the Services, in a manner that:

• violates or infringes on someone else's rights of publicity, privacy, copyright, trademark, or other intellectual property rights;

• bullies, harasses, or intimidates;

• defames;

• spams or solicits our users;

• conducts research or development of artificial intelligence, particularly in the generation of training data.

You must also respect the rights of Artizans and its affiliates. These Terms do not grant you any right to do any of the following (or enable anyone else to do so):

• use branding, logos, designs, photographs, videos, or any other materials used in our Services;

• copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as authorized in these Terms;

• use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

Safety

We try hard to keep our Services a safe place for all users, but we can’t guarantee it. That’s where you come in. By using the Services, you agree that:

• You will not use the Services for any purpose that is illegal or prohibited by these Terms.

• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users' information.

• You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.

• You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services.

• You will not use or attempt to use another user’s account, username, or password without their permission.

• You will not solicit login credentials from another user.

• You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.

• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.

• You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access.

• You will not probe, scan, or test the vulnerability of our Services or any system or network.

• You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. Never put yourself or others in harm's way just to capture a video.

Publicity

You consent to Pixy AI's use of your name, logo, and general description of your relationship with Pixy AI in press releases and other marketing materials and appearances. You further permit Pixy AI to use it as a reference account for marketing purposes and agree, from time to time, to support Pixy AI by participating in reference phone calls and other marketing initiatives, including with press, analysts, and Pixy AI's existing or potential investors or customers, upon reasonable request by Pixy AI.

Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Lunapark Medya Internet Teknolojileri Sanayi ve Ticaret A.S and its licensors. The Service is protected by copyright, trademark, and other laws of both the US and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lunapark Medya Internet Teknolojileri Sanayi ve Ticaret A.S.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Lunapark Medya Internet Teknolojileri Sanayi ve Ticaret A.S.

Lunapark Medya Internet Teknolojileri Sanayi ve Ticaret A.S has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Lunapark Medya Internet Teknolojileri Sanayi ve Ticaret A.S shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Lunapark Medya Internet Teknolojileri Sanayi ve Ticaret A.S, nor 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, resulting from (i) your access to or use of, or inability to access or use, the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Lunapark Medya Internet Teknolojileri Sanayi ve Ticaret A.S, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, securely, or be available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the US, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these terms, please contact us.

Lunapark Medya Internet Teknolojileri Sanayi ve Ticaret A.S