POEMIA TERMS OF USE, PRIVACY POLICY AND RULES ON PERSONAL DATA

I. TERMS OF USE

1. DEFINITIONS AND PARTIES

This Agreement is a legal contract and information text which governs the use of the POEMIA mobile application and the related services provided by the application and which imposes legal obligations and responsibilities on the user.

In this Agreement, the term “User” refers to all persons who use the application; “POEMIA” refers to the person and system which develop and provide the application and its services.

2. SCOPE AND ACCEPTANCE OF THE AGREEMENT

By using the POEMIA application or accessing its services, you are deemed to have accepted all terms and conditions of this Agreement.

Age Restriction: You must be at least 18 years of age to use the POEMIA application. If the laws of the country in which the User resides and/or from which the User obtains and uses the application set a higher legal age limit, the age limit stipulated by the laws of that country shall apply. Individuals under the age of 18 are not permitted to use the application. POEMIA reserves the right to close accounts that do not comply with the age restriction without any notice and without assuming any obligation or liability.

3. DESCRIPTION AND SCOPE OF THE SERVICE

POEMIA is a platform that enables users to write and share poems, read works shared by other users, comment, share videos, exchange messages and engage in social interaction. POEMIA reserves the right to modify, improve or terminate the content, features or services of the application at any time without prior notice. In such cases, Users may not assert any claims or rights.

4. USER ACCOUNTS

Users are solely responsible for the security of their POEMIA accounts and passwords. Accounts which do not comply with the conditions determined by POEMIA, which contain incorrect, misleading or deceptive information, or which abuse other users, systems or other elements, or which act in breach of this Agreement, may be closed, deleted or suspended by POEMIA without any notice and without POEMIA assuming any obligation or liability.

5. USER CONTENT AND LICENCE

All texts, images, videos, messages and other materials shared by the User on POEMIA are deemed “User Content”. The User is solely responsible for all User Content, and POEMIA, its affiliates and solution partners bear no responsibility in this regard.

The User grants POEMIA a worldwide, royalty-free, transferable and sublicensable licence to use User Content for the purposes of providing the services of the application, displaying User Content to other users, promoting the application and maintaining its operation. This licence does not transfer the User’s copyright in the work to POEMIA; it merely permits the use of the content for the purposes stated above.

The User represents and undertakes that the content shared does not infringe the intellectual and industrial property rights or any other rights based on any legal ground of third parties. In the event of any contrary situation, all responsibility shall rest exclusively with the User.

6. PROHIBITED USES AND ACTIVITIES

It is strictly prohibited to carry out the activities listed below by means of POEMIA and/or to use POEMIA as a tool for such activities.

• Infringement of copyright and intellectual and industrial property rights,
• Content constituting hate speech, discrimination, harassment, threats or incitement to violence,
• Spam, fraud or activities involving software intended for unlawful or immoral purposes,
• Creating fake accounts or impersonating others,
• Encouraging unlawful and/or unethical activities,
• Obscene or pornographic content or content involving child exploitation,
• Attempts to disrupt or manipulate the technical infrastructure of the application,
• And, in addition to the examples listed above, any other unlawful, immoral and malicious content, attempt, infringement, activity and use that may arise.

Accounts that engage in the activities listed above or in similar activities and/or use the service in such a manner may be closed immediately and without any notice, and the User Content may be deleted, without granting any right to the User.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

The ownership of the POEMIA application’s trademark, logo, interface design, software code and all other intellectual and industrial property rights belonging to POEMIA rests with POEMIA. These elements may not be copied, reproduced, shared, modified or used without POEMIA’s express written consent.

In the event of any contrary situation, the relevant accounts shall be closed immediately and without any notice and without granting any rights to the User, and the necessary legal remedies shall be pursued against the relevant persons in accordance with Intellectual and Industrial Property Law.

8. LICENCE AND TERMS OF USE

POEMIA grants users a limited, non-transferable licence to use the application for personal and non-commercial purposes, which may be revoked at any time and without cause. This licence does not entitle users to access POEMIA’s source code, to modify it, or to perform reverse engineering.

In the event of any contrary situation, the relevant accounts shall be closed immediately and without any notice and without granting any rights to the User, and the necessary legal remedies shall be pursued against the relevant persons primarily in accordance with Intellectual and Industrial Property Law and also in accordance with other applicable legal rules.

9. TERM AND TERMINATION OF THE AGREEMENT

This Agreement enters into force when the User starts to use the application and remains in effect until terminated by POEMIA or the User.

If the User acts in breach of this Agreement, POEMIA may close the relevant accounts immediately without any notice and without granting any rights to the User and may pursue the necessary legal remedies against the relevant persons.

Closure of the account by POEMIA shall constitute termination of the Agreement, and no further notice shall be required in this regard. If POEMIA is to provide any notice to the User whether due to termination or for any other reason, it may do so through any of the communication channels shared by the User with POEMIA.

10. THIRD-PARTY LINKS

POEMIA is not responsible for the content, privacy policies or practices of third-party websites or services that may be available within the application, or for the actions of other persons with whom the User interacts or exchanges messages. The User accesses external links at their own responsibility and is strongly advised to review the terms and conditions of the relevant third party.

Since users can exchange messages and interact and communicate with each other on POEMIA, POEMIA shall not be responsible for any acts, shares or statements of Users towards each other, and the actual perpetrator shall be held liable. Users unconditionally and irrevocably guarantee their acceptance of this matter in advance.

11. DISCLAIMER OF LIABILITY

POEMIA does not warrant that the application will operate uninterruptedly, error-free or free of viruses. POEMIA assumes no responsibility for the accuracy, completeness or reliability of User Content. POEMIA shall not be liable for data loss, indirect damages or other losses arising from the use of the application.

12. INDEMNITY

The User agrees to compensate POEMIA for all direct and indirect, negative and positive damages (including loss of profit, legal fees and expenses) that may arise due to the User’s conduct in breach of this Agreement, User Content or the use of the application.

13. APPLICABLE LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Türkiye. İzmir (Central) Courts, Enforcement Offices and the Mediation Office shall have jurisdiction over any dispute arising out of or in connection with this Agreement.

II. PRIVACY AND RULES ON PERSONAL DATA

1. DATA PRIVACY AND INFORMATION NOTICE (COMPLIANT WITH KVKK AND GDPR)

POEMIA undertakes to ensure full compliance with the Turkish Personal Data Protection Law (KVKK), the European Union General Data Protection Regulation (GDPR) and all other applicable national and international data protection legislation.

1.1. DATA COLLECTED

POEMIA may collect the following personal data for the purpose of providing and improving its services.

• Identity and Contact Information: Your name, e-mail address, profile photo (optional).
• Device Information: IP address, device type, operating system, application version.
• Usage Data: In-app activities (for example, poems read, comments made, content shared), dates and times of access.
• User Content: Poems you write, poems you share, images and other shared content.

1.2. PURPOSES OF DATA COLLECTION

The personal data collected are processed for the following purposes:

• Provision of Services: Creating user accounts, enabling poem sharing, providing interaction features.
• Security: Ensuring the security of the application, preventing abuse, detecting fraud.
• Service Improvement and Analytics: Analysing application performance, improving user experience, developing new features.
• Compliance with Legislation: Fulfilling legal obligations, responding to requests from competent authorities.

1.3. RIGHTS OF THE DATA SUBJECT

Under KVKK and GDPR, you have the following rights regarding your personal data:

• To learn whether your personal data are processed,
• If your personal data have been processed, to request information in this regard,
• To learn the purpose of processing your personal data and whether they are used in accordance with such purpose,
• To know the third parties to whom personal data are transferred, whether at home or abroad,
• To request the rectification of personal data if they are incompletely or incorrectly processed,
• To request the deletion or destruction of personal data (within the framework of applicable legal conditions),
• To request that the rectification, deletion or destruction of personal data be notified to third parties to whom personal data have been transferred,
• To object to the occurrence of a result against you by analysing the processed data exclusively through automated systems,
• To demand compensation for any damage you suffer due to the unlawful processing of personal data,
• The right to data portability,
• The right to withdraw your consent.

1.4. DATA RETENTION PERIOD

Your personal data are stored for as long as necessary for the purposes of processing or for the period prescribed by the relevant legal regulations. At the end of this period, your data will be deleted, destroyed or anonymised.

1.5. APPLICATION AND CONTACT

To exercise your rights or if you have any questions or requests regarding your personal data, please submit your application in writing to the e-mail addresses below. For applications made by means other than those indicated, you may be required to bear the costs of the procedures to be carried out.

• General Support: support@poemia.app
• KVKK and Privacy Requests: privacy@poemia.app

2. COMPLIANCE WITH INTERNATIONAL DATA PROTECTION REGIMES

As a global platform, POEMIA undertakes to operate in compliance with the main data protection regulations of the regions in which it provides services. Within this scope, and without limitation, it acts in accordance with the basic principles of the following legal regulations:

• USA (California) – CCPA / CPRA: Users are provided with rights of access, deletion and the right to opt out of the “sale” of their personal data.
• Brazil – LGPD: Rights of access, anonymisation, deletion, data portability and the right to lodge complaints with the supervisory authority are granted.
• Canada – PIPEDA: Informed consent, and rights of access and rectification are provided.
• South Africa – POPIA: Rights of information, objection to data processing, deletion and the right to apply to the supervisory authority are provided.
• Australia – Privacy Act: Use based on privacy principles and rights of access to and deletion of data are guaranteed.
• India – DPDP Act: Rights of access, deletion, rectification and withdrawal of consent are granted.

POEMIA aims to implement the security and privacy standards required by these regulations and to enable users to exercise their respective rights.

3. CONTACT INFORMATION

This Agreement guarantees that POEMIA provides a legally transparent and secure service to all users.