1. INTRODUCTION

1.1. These Terms of Use (the "Agreement"), together with all the documents referred to herein, constitute a legally binding contract made between you as a natural person ("you", "your", or "user") and Denali Digital Bilişim Limited Şirketi, having its registered office in Turkey (“Denali Digital”, "we", "us", or "our"), concerning your access to and use of the PULCA : AI Face Health Scan for mobile devices (“App”). The App's title may vary in countries outside of Türkiye and is subject to change without prior notice.

1.2. In this Agreement, the term "Services" refers to all functionalities, features, and content made available through the App.

1.3. Please read this Agreement carefully before downloading, installing, or using the App. By using the App or creating an account within the App, you agree to be bound by the terms of this Agreement. If we require your explicit consent for specific activities, we will request it separately within the App.

1.4. If you do not accept this Agreement, or disagree with any of its provisions, you are not authorized to use the App. You must immediately discontinue use and remove (delete) the App from all mobile devices in your possession or control.

1.5. This Agreement is not entered into with Apple Inc., Google LLC, or their respective affiliates. However, you acknowledge and agree that, in the case of the iOS version of the App, Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of these terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

1.6. Given the global nature of digital services, you agree to comply with all applicable local, national, and international laws and regulations that apply to your use of the App. It is your responsibility to ensure that your use of the App is legal in your jurisdiction.

2. Restrictions on Who Can Use the App

2.1. To use the App and Services, you must be at least thirteen (13) years old, or at least sixteen (16) if you reside in the European Union or the United Kingdom.

2.2. Any person under thirteen (13) years old is strictly prohibited from using the Services.

2.3. If you are a minor in your jurisdiction (generally under the age of 16), you may only use the App under the supervision of a parent or legal guardian. If you are between the ages of thirteen (13) and sixteen (16), you must ensure that:

(a) your parent or guardian has read and agreed to these Terms;

(b) you have the legal capacity to enter a binding agreement under applicable law.

2.4. We do not knowingly collect information from children under the age of 13 (or 16 in jurisdictions where applicable, including the EEA and UK). If you become aware that someone underage is using the App in violation of these Terms, please notify us at support@denalidigital.co. We will promptly take action to delete the account and associated data.

3. General Information About the Services

3.1. PULCA provides general information about health, fitness, and well-being through features such as AI-based health estimations including heart rate, breathing rate, and stress level readings using facial scanning. These features are intended solely for personal, non-commercial use and are described in more detail on the App Store listing at https://apps.apple.com/.

3.2. While we strive to provide accurate and helpful information, all Services are subject to medical and legal disclaimers. PULCA is not a healthcare provider, and the App is not a replacement for professional diagnosis or treatment. Users are solely responsible for their personal health decisions.

3.3 During the vital-signs video measurement conducted by Shen.AI within Pulca mobile application, images of your face will only be processed locally on your device. Such processing ensures that personal biometric data is not stored on the device, nor transmitted or stored externally, thereby safeguarding your privacy. The results of these video-based vital-sign measurements may constitute health data under GDPR. The processing of such health data is contingent upon your explicit consent. Absence of consent may restrict access to certain functionalities within the application. You retain the right to withdraw consent at any point, in accordance with GDPR provisions.

All facial images and biometric data processed by Shen.AI remain solely on your device and are never transmitted or stored externally. No biometric images or raw data are retained after measurement is completed

3.4 We do not share any biometric or health data processed by Shen.AI with third parties. If any data is ever shared for research or analytics purposes, it will only be in anonymized and aggregated form that cannot be used to identify you personally. No personal biometric or health data is disclosed to advertisers, analytics providers, or external partner.

4. Medical Disclaimer

4.1. The PULCA App and its related Services are provided for informational, wellness, and entertainment purposes only. The App is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or condition. If you require accurate health diagnostics, please consult a licensed healthcare provider.

4.2. Denali Digital Bilişim Limited Şirketi is not a licensed medical care provider. Nothing in the App or Services should be interpreted as medical advice or used as a substitute for consultation with qualified healthcare professionals. Always seek the guidance of a licensed physician or healthcare provider before making any medical decisions. Never delay or disregard medical advice based on information obtained through the App.

4.3. We disclaim any responsibility for errors, inaccuracies, or omissions in the content, and for any decisions made by users in reliance on the App's outputs. Nothing in this Agreement shall exclude or limit our liability in ways that are unlawful under applicable consumer protection or data privacy laws.

4.4 Pulca use Shen.AI SDK. Shen.AI is an informational tool and is not a substitute for professional medical judgment. Always consult with healthcare professionals for medical advice before making medical decisions

5. Privacy Policy

Your privacy is of the utmost importance to us. We have developed and published a Privacy Policy that describes how your data—including personal and health-related data—is collected, processed, stored, and protected.

Access to and use of the App and its Services are governed by the Privacy Policy. We strongly recommend reviewing it prior to using the App. The most current version is available within the App and at our official support address:

support@denalidigital.co

You have the right to access, rectify, and delete your personal data, including any health or biometric information processed by Shen.AI. These rights may be exercised within the app or by contacting us at support@denalidigital.co. For more details, please refer to our Privacy Policy.

We do not share any biometric or health data processed by Shen.AI with third parties. If any data is ever shared for research or analytics purposes, it will only be in anonymized and aggregated form that cannot be used to identify you personally. No personal biometric or health data is disclosed to advertisers, analytics providers, or external partners.

6. END USER LICENSE AGREEMENT

6.1. As long as you use the App and/or Services in accordance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable license to install and use the App on mobile devices owned or controlled by you, solely for personal and non-commercial use.

6.2. You may only use the Services for lawful, personal, and non-commercial purposes. You agree to respect all intellectual property rights related to the App and Services.

6.3. All content within the App and Services—including source code, text, graphics, logos, audio, video, and other materials (“Works”)—and all trademarks, service marks, and trade names (“Intellectual Property”) are the property of Denali Digital Bilişim Limited Şirketi and/or its partners, licensors, or contractors and are protected by international intellectual property laws.

6.4. You may not copy, reproduce, distribute, publish, display, modify, create derivative works from, or exploit the Works or Intellectual Property in any form without express prior written consent from Denali Digital or the appropriate rights holder.

6.5. All rights not expressly granted to you under this Agreement remain the exclusive property of Denali Digital or its respective owners. No ownership or other rights are transferred to you, in whole or in part.

6.6. We reserve the right to take legal action in response to unauthorized use of our Intellectual Property.

6.7. To avoid any doubt, we retain all rights in and to the text, graphics, data, features, interfaces, and all other content that we create and make available through the App or Website, excluding User Content (as defined below).

7. LICENSE TO USER CONTENT

7.1. The Services may allow you to submit, post, or log information such as health measurements, feedback, or comments (“User Content”).

7.2. By submitting User Content, you grant Denali Digital a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform such content in connection with the Services. However, we will not publicly display or share any personal health data without your explicit consent.

7.3. Any feedback or reviews provided through the App or App Stores may be used by us for promotional or internal purposes, in accordance with applicable privacy laws.

7.4. Subject to the license granted above, you retain ownership of any intellectual property rights in your User Content.

7.5. We reserve the right to monitor, edit, or remove any User Content that violates this Agreement or is deemed inappropriate at our sole discretion.

7.6. You agree that we may:

• Continue using User Content even after you stop using the Services;

• Modify or adapt your User Content for operational or editorial purposes;

• Reuse public-facing content unless removal is specifically requested and justified.

7.7. You are solely responsible for all User Content you submit. We are not obligated to monitor it but may do so to ensure compliance.

7.8. You represent and warrant that you are the sole author and owner of your User Content, and if it includes third-party material, you have obtained all necessary permissions.

7.9. You must not submit content that:

• Is abusive, defamatory, offensive, or discriminatory;

• Violates privacy or intellectual property rights;

• Contains harmful software or security risks;

• Is misleading, spammy, or impersonates others;

• Violates laws or regulations.

7.10. Reposting removed content without permission is strictly prohibited.

8. YOUR USE OF OUR APP AND OTHER SERVICES

8.1. You are solely responsible for your use of the App and any content you submit. We are not liable for any consequences of user interactions, including content posted in public areas. If you believe you are experiencing a medical emergency, contact a healthcare professional or emergency services immediately. You agree not to use the App or any related Services for purposes prohibited by this Agreement.

8.2. UNLESS OTHERWISE PERMITTED BY THIS AGREEMENT OR EXPRESSLY AUTHORIZED BY US IN WRITING, YOU MAY NOT:

• Distribute, sell, transmit, or otherwise make any portion of the Services available to third parties;

• Use the App or Services to provide services to third parties;

• Advertise or send unsolicited messages;

• Alter or modify any part of the App not explicitly allowed;

• Reverse engineer, decompile, or create derivative works of the App or Services;

• Include the App or its content in AI learning datasets;

• Remove or alter copyright or trademark notices;

• Frame or mirror the App or Websites without permission;

• Attempt unauthorized access to our systems;

• Use automated tools (e.g., bots, spiders) to extract or scrape data;

• Use the Services to develop competing products;

• Upload content that infringes third-party rights without proper authorization;

• Bypass security features or perform denial-of-service attacks;

• Use any content from the App to diagnose or treat health conditions;

• Take any action that may damage or impair the App or violate applicable laws or rights of others.

8.3. If we determine that you have violated any provision of this Agreement, we may disable your access and take legal action as necessary.

8.4. You may print or save small portions of content from the App or Website for non-commercial use, provided all intellectual property notices are preserved and such use is minimal and lawful.

9. AVAILABILITY, SECURITY, AND ACCURACY OF THE SERVICES

9.1. To use the App, you must have a compatible smartphone or tablet and access to the internet.

9.2. The App is currently supported on devices running Apple iOS 14.0 or higher.

9.3. We do not guarantee compatibility with all devices or uninterrupted access. The App may be unavailable or limited due to network conditions or technical updates.

9.4. The App performs heart rate and related metrics using Photoplethysmography (PPG) technology. While we aim for high accuracy, the App is not a clinical device. For health-critical metrics, consult a qualified healthcare provider.

9.5. Quality and availability may vary due to internet or mobile network conditions beyond our control.

9.6. We reserve the right to enhance, change, or discontinue the App and its features at our sole discretion without notice or liability. Feature changes or removals may occur at any time.

9.7. You agree that any information you submit will be accurate and kept up to date.

9.8. If you stop using the App, we recommend deleting your account and uninstalling the App. If you uninstall without deleting your account, your data will remain on our servers. If you delete your account but keep the App, data may remain on your device until it is uninstalled.

10. YOUR PULCA ACCOUNT

10.1. Some features of the Services may require you to log in or create an account for enhanced functionality and personalized experience. Once logged in, you may access stored data such as your measurements and app preferences.

10.2. To create a PULCA account, you must provide accurate personal information such as your date of birth and email address. You must be at least 13 years old (or 16 years old if residing in the UK, EU, or similar jurisdictions). If you are a minor, you must confirm that a parent or legal guardian has reviewed and accepted this Agreement.

10.3. You may sign up using your Apple ID, Google account, or email. We are not responsible for issues arising from third-party authentication systems. If you register with email, you must create and maintain a secure password. You are responsible for keeping your credentials safe.

10.4. To delete your account, use the delete option available in the App or Website profile settings.

10.5. For account or subscription assistance, contact us at support@denalidigital.co.

10.6. During the vital-signs video measurement conducted by Shen.AI within this mobile application, images of your face will only be processed locally on your device. Such processing ensures that personal biometric data is not stored on the device, nor transmitted or stored externally, thereby safeguarding your privacy. The results of these video-based vital-sign measurements may constitute health data under GDPR. The processing of such health data is contingent upon your explicit consent. Absence of consent may restrict access to certain functionalities within the application. You retain the right to withdraw consent at any point, in accordance with GDPR provisions.

All facial images and biometric data processed by Shen.AI remain solely on your device and are never transmitted or stored externally. Data is processed in anonymized form and is protected using industry-standard encryption methods during processing and storage on your device. No biometric images or raw data are retained after measurement is completed.

10.7 We maintain a record of your consent status for biometric and health data processing. You may review or withdraw your consent at any time in the app's settings. You have the right to access, rectify, and delete your personal data, including any health or biometric information processed by Shen.AI. These rights may be exercised within the app or by contacting us at support@denalidigital.co. For more details, please refer to our Privacy Policy.

11. CHARGES

11.1. The App is free to download, but certain features may require a paid subscription.

11.2. Feature availability and content may differ by country, device, or language. Subscriptions may be restricted in some locations.

11.3. Subscriptions are available via the App (in-app purchase through Apple) or Website (processed via Stripe or PayPal). Charges will recur automatically until canceled. Details about pricing, renewal, and cancellation are provided prior to purchase.

11.4. Trials may be offered. If not canceled 24 hours before the trial ends, the user will be charged the full subscription price. Trial terms will be displayed during checkout.

11.5. We reserve the right to change subscription prices or terms. Continued use after changes implies acceptance. You may cancel before changes take effect.

11.6. Taxes may vary depending on your location and will be applied based on the billing details you provide.

11.7. Subscriptions auto-renew unless canceled at least 24 hours before the end of the current period.

11.8. For App Store subscriptions, manage your plan through your Apple ID account settings.

11.9. Website subscriptions can be canceled through your PULCA dashboard. Refunds are not provided after 24 hours unless required by law. Visit Stripe or PayPal for refund procedures depending on your payment method.

11.10. Uninstalling the App does not cancel your subscription. You must cancel auto-renewal separately.

11.11. Refunds through the App Store must be requested via Apple Support (https://reportaproblem.apple.com/).

11.12. Website subscription refunds must be requested via Stripe (https://billing.stripe.com) or PayPal. All refunds are subject to provider terms.

11.13. EU users have a 14-day withdrawal right unless service delivery has begun with consent. By using PULCA, you consent to immediate service provision and acknowledge loss of withdrawal right.

11.14. Additional charges, such as mobile data fees, may apply. These are your responsibility.

11.15. Your subscription is not based on future functionality promises.

12. PHYSICAL ACTIVITY NOTICE

The App may include content promoting physical activity. Consult with a physician before starting any fitness routines. PULCA and Denali Digital are not liable for injuries resulting from your use or misuse of the Services.

13. THIRD-PARTY WEBSITES AND RESOURCES

13.1. Our Services may include links to third-party websites and resources. We do not control or endorse and are not responsible for the content or availability of such websites.

13.2. You acknowledge that your use of third-party websites is at your own risk.

13.3. Questions or concerns regarding third-party content must be directed to the relevant third-party provider.

13.4. You may not link to PULCA content or Services in ways that are illegal, misleading, damaging to our reputation, or suggest any form of endorsement without express permission.

14. DISCLAIMER OF WARRANTIES

14.1. YOU USE THE APP AND SERVICES AT YOUR OWN RISK. THE SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

14.2. We make no guarantees about the accuracy of health metrics or outcomes derived from the App.

14.3. The App does not replace professional medical advice. For any health concerns, consult a qualified healthcare provider.

15. LIMITATION OF LIABILITY

15.1. IN NO EVENT SHALL DENALI DIGITAL OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE APP OR SERVICES.

15.2. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU HAVE PAID, IF ANY, OR $100, WHICHEVER IS LESS.

15.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15.4 Neither Denali Digital nor Shen.AI shall be liable for any harm or loss arising from reliance on the informational results provided by the Shen.AI SDK. These results are not intended for medical diagnosis or treatment.

16. LEGAL COMPLIANCE

16.1. The App may be subject to U.S. export laws. You represent that you are not in a restricted country or on a restricted party list.

16.2. You agree to comply with all applicable laws regarding the use and export of software and services.

16.3. We may restrict access to the App or Services in certain jurisdictions to comply with applicable law.

17. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

17.1. Pre-judicial disputes. If any controversy, allegation, or claim arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to attempt to resolve the dispute amicably for a period of sixty (60) days before initiating legal proceedings.

17.2. Mandatory Arbitration of Disputes. You and Denali Digital agree that any dispute arising from this Agreement or use of the App will be resolved exclusively by binding arbitration, and not in court or through class actions. The Federal Arbitration Act will govern.

17.3. Exceptions. Both parties retain the right to seek resolution in small claims court or pursue equitable relief to protect intellectual property.

17.4. Conducting Arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) per its Consumer Arbitration Rules. Any hearings will occur in your county of residence unless otherwise agreed.

17.5. Arbitration Costs. Costs will follow AAA Rules. We won't seek fees unless your claim is deemed frivolous. If you prevail, you may be entitled to reasonable attorneys' fees.

17.6. Injunctive Relief. Arbitrators may only award relief to the party in the arbitration. Public injunctive relief may only be granted by a civil court.

17.7. Class Action Waiver. YOU AND DENALI DIGITAL AGREE TO BRING CLAIMS ONLY IN INDIVIDUAL CAPACITY. NO CLASS ACTIONS OR GROUP PROCEEDINGS ARE PERMITTED. If this waiver is unenforceable, this section is void.

18. INDEMNIFICATION

You agree to indemnify and hold Denali Digital, its affiliates, officers, employees, and partners harmless from any claims or expenses arising from your use of the Services, violation of this Agreement, or content you submit.

19. GOVERNING LAW

19.1. This Agreement is governed by the laws of the State of Massachusetts, USA.

19.2. You are responsible for complying with local laws if accessing the App outside the United States.

19.3. Legal actions may be brought in the courts of the USA unless submitted to arbitration. EU users retain their consumer protection rights and may use the ODR platform (http://ec.europa.eu/odr) for disputes.

19.4. This Agreement does not restrict any mandatory local consumer rights you may have under the laws of your country of residence.

19.5. For EU residents, disputes may be brought in local courts. Denali Digital will also bring disputes in the user's country of residence.

19.6. By using PULCA, you agree to all provisions of this Agreement including this governing law clause.

19.7. Contact us at support@denalidigital.co for any unresolved complaints or legal concerns.

20. NOTICE AND TAKEDOWN PROCEDURES

20.1. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the App and/or Website(s) by contacting us and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
2. Identify the material you believe is infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorised to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorised representative.

20.2. We will review and respond to your inquiry within 30 (thirty) calendar days.

21. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify this Agreement from time to time. We will keep you informed about any changes by updating this Agreement. We will notify through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. We ask you to review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date the revised Agreement is posted or once you have been notified of the modifications where applicable.

22. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason. Upon termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App. We may also block your access to our Services or take other measures that we deem appropriate at our sole discretion if you breach the provisions herein.

23. SEVERABILITY

If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect, that provision shall be read down to become legal, valid, and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

24. MISCELLANEOUS

24.1. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Denali Digital of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.

24.2. We may transfer or assign any and all of our rights and obligations under this Agreement to any other person, by any way, including by novation, and by accepting this Agreement you give us consent to any such assignment and transfer. You confirm that placing on the Services of a version of this Agreement indicating another person as a party to this Agreement shall constitute valid notice to you of the transfer of Denali Digital's rights and obligations under this Agreement (unless otherwise is expressly indicated).

24.3. You shall not assign, transfer, or purport to assign or transfer the contract between you and us to any other person.

24.4. All information communicated on the Services is considered an electronic communication. When you communicate with us through or on the Services or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "CREATE ACCOUNT", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.

24.5. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

25. CONTACT INFORMATION

If you want to submit a support request or have questions about this Agreement or the Services, please contact us via our email support@denalidigital.co.