This mobile application Upcarta App ("App") provides a platform for users to discover, organize, and share content. The App has been distributed by “Upcarta” and all rights, including all title, property and intellectual property rights related to the App belong to Upcarta and our subsidiaries and licensors. In order to use the services offered by Upcarta, to use the App, to benefit from the App and to gain access to the App, please read the following conditions carefully.

  • Using the app means you have accepted or you are subject to the terms of the Agreement.

This Agreement is between you (the “User”) and Upcarta. Within the scope of the Terms of Use, "Services" covers, separately or together, the App, its website, the software, other services we provide and support services related to them within the scope of the App. Third parties who benefit from the services/information provided within the App or provide access to the App in any way for whatever purpose are deemed to have accepted the following terms of use. For this reason, you should carefully read this Agreement, which regulates the rights, obligations, and authorities of the parties. We would like to remind you that by using Upcarta's services, you accept these terms, and you will be legally bound by these terms and that you can benefit from these services only if you accept the following terms. If you do not want to be bound by these terms, please terminate your access to Upcarta services and to the App as well as your use of those.

Additionally, before using our services, we also recommend you to read the Privacy Notice regarding how Upcarta processes your data https://www.upcarta.com/privacy our Cookie Policy https://www.upcarta.com/cookies regarding how cookies process your data, and In-App Privacy Policy regarding the trackers used within the app.

  • There is an age limit of 13 for access to the App

To access certain features of Upcarta, you may need to create an account. You must be at least 13 (thirteen) years old to use these Services and open an account on the App. By using the App or the Services offered by Upcarta, you acknowledge and agree that you are capable of understanding, agreeing to, and complying with these Terms. You agree to provide accurate information and to keep this information up to date. You are responsible for maintaining the confidentiality of your account access information and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account.

  • Accessing Services through Application Stores

Some of the Services offered by the App or Upcarta may be used by accessing via Upcarta App's website or application store/platform (Google Play Store, Apple App Store, etc. ("Application Store") or by downloading from this platform. Your use of the App or the Services offered by Upcarta is also subject to any applicable agreements you have with any Application Store (the “Application Store Agreement(s)”). In the event of a conflict between the Application Store Agreement(s) you have used to access the App or other Upcarta Services and these Terms of Use, the Terms of Use shall prevail.

These Terms of Use shall enter into force as soon as they are published on the App and shall be binding for the User who uses the App in any manner and logs in to the App without the need for any further action. The User may access the current version of these Terms of Use at any time through the App and its website.

The subject of the Terms of Use hereby is, but not limited to, sharing of any news, photographs, articles, audio-visual products, any data, any intellectual and artistic products that may or may not qualify as a work, and/or any information determined by Upcarta through the App, making them accessible to third parties, and setting the limitations on how the User may access the advertisements for various products and/or services to be determined unilaterally by Upcarta, other websites, links to applications and all kinds of audiovisual and/or audiovisual works ("Content") through the App and how such Content may be used by the User.


  1. The App and Services can be accessed with a user account. Your App user account is separate from the account you use in the Application store/platform. To the extent that you create your App Account using a third-party account (for instance your Twitter or Google account), we may access certain personal information such as your name and email address provided to us by that third party to help you to create your App Account. You can find detailed information on the use of data provided from third-party accounts in our Privacy Notice https://www.upcarta.com/privacy
  2. The User is obliged to ensure the security of the login information they create by changing their information in the first stage or later. The User knows that the account they have acquired is exclusive to their personal use, and they accept, declare, and undertake that they are personally responsible for the transactions carried out through this account. As the responsible person for the security of the account, the User accepts, declares, and undertakes that they shall not make any plea and/or objection asserting that the transactions performed with the account have not been performed by the User and/or shall not refrain from fulfilling their obligations on the grounds of this plea or objection.
  3. The "User" is responsible for all kinds of pecuniary and/or non-pecuniary damages that other users and/or Upcarta and/or third parties suffer or may suffer due to their negligence or defects on the subject matter.
  4. In the event that the information declared by the User is found to be unlawful and unreal or if the User loses one of its conditions, the account of the User shall immediately be canceled without any notification. 
  5. The personal data received from the Users may be transmitted to other users who may be parties to the disputes between the User and Upcarta regarding forgery, fraud, and misuse of the App; to those that may arise within the scope of the Federal Trade Commission Act, the Uniform Deceptive Trade Practices Act; and those arising in matters that may constitute a crime in the sense of the Title 18 of the United States Code and Delaware Crimes and Criminal Procedure in order to exercise their legal rights limited only to the requested subject matter pursuant to the Regulation (EU) 2016/679 (General Data Protection Regulation, "GDPR"), and by complying with the data transfer rules in any case.


  1. The User is obliged to act in good faith, complying with general rules of law and Terms of Use when using the App and/or using the Services. The Upcarta service and any content viewed or otherwise accessed through the service, is for your personal and non-commercial use only. Upcarta grants you a limited, non-exclusive, non-transferable license to access and use the service for that purpose.
  2. Provided that it is not limited to them, the following cases constitute a violation of this user agreement. In cases different from those below, Upcarta reserves the right to unilaterally determine the codes of practice that may constitute a violation of the Agreement according to the characteristics of the case.
  1. Fake User Accounts: The creation of fake user accounts by using false or misleading personal data, including false or misleading residence address, electronic mail address, contact, payment or account information, and the use of these accounts in defiance of the Terms of Use or the legislation in force, including the use of another user's account for cases including upgrading their status, or rank;
  2. Modifying the App: Using the App wholly or partially in order to disrupt, to change or to make reverse engineering; 
  3. Damaging the App: Spreading a virus or any other technology to the App database, which may be harmful to any content on the App;
  4. Copying the App: Infringing Upcarta’s intellectual and industrial property rights or publishing or using any content owned by Upcarta by copying them as a whole or partially without permission;
  5. Violation of User Data: Collecting any information about users, including their e-mail addresses, without the consent of the relevant persons or using them on other platforms that would constitute a violation as per the GDPR;
  6. Selling the App Content: Selling the App content through unauthorized platforms, a content changing the related one, purchasing, renting, licensing, distributing, sharing, exchanging or transferring or making them available in a different manner;
  7. Abuse of Rights: Using the Services offered by Upcarta, the campaigns and advantages offered within the App in bad faith and in an effort to provide unfair benefit, and violating the campaign conditions in bad faith;
  8. Misuse: Using the App or other services provided by Upcarta commercially, for the purpose of promoting your own services or for the benefit of any third party, or using in any other manner that is not permitted by these Terms of Use;


  1. Upcarta reserves the right to unilaterally update and change the App and/or the information, forms, all kinds of content and/or the Terms of Use, all kinds of policies, terms and conditions including Clarification Texts at any time without prior notice. Upcarta may exercise this right without giving any notice and time. Users are obliged to perform the changes and/or adjustments requested by Upcarta immediately. Any damages, legal and criminal liabilities that arise or may arise due to the failure of the users to fulfill the change and/or adjustment requests requested by Upcarta in a timely manner shall be borne entirely by the users. In the event that the Terms of Use change, you may access its current version on the website or on the relevant application. The amended provisions of these Terms of Use shall become effective on the date they are announced within the App, and the remaining provisions shall remain in force and continue being effective. 
  2. Upcarta may unilaterally change the limit and manner of the use of the App; it may temporarily suspend or completely stop the access to the App, to the operation of the system, to the service it provides to the User, and to the privileges it provides at any time without any time limit; it may delete the accounts of users detected to be inactive; it may change the App and the Content, the method and the purpose of its use as well as the technique of its use and its publishing; it may extend/shorten the period of use; it may restrict or completely stop its use; it make any changes in the purposes of using, terminating or amending these Terms of Use. The User accepts, declares, and undertakes that in the event that the system is temporarily suspended or completely shut down and/or the conditions are changed, they shall not claim any vested rights and Upcarta shall have no responsibility.


Upcarta may establish connection to websites, applications, contents and/or files that are owned or operated by third parties and are not under Upcarta's control by providing links on the App. These links are provided solely to ease the reference and they neither aim to support the relevant website, its content or the person operating it, nor provide a representation, a commitment, or a guarantee about the website and/or the information therein. Upcarta has no commitment, guarantee, legal and/or criminal liability whatsoever for the products or services promoted or promised by the advertisements in the App and/or the websites, files and contents accessed through the links within the App, the services or products offered by the website accessed through these links or the contents thereof.


  1. Upcarta or all its subsidiaries and affiliates where Upcarta is a direct and/or indirect shareholder, Upcarta's employees and managers are not liable in any way for any damages that the User may suffer due to the utilization and access of the App. Upcarta does not accept any responsibility for interruption, deletion, loss, delay of operation or communication, computer virus, communication error, system error; no access to the App, theft, destruction or unauthorized entry, modification or use of records.
  2. Users are solely responsible for the content they upload, post, and share on Upcarta. Users agree not to post any content that violates any law, infringes on the rights of any third party, or contains any form of harmful, abusive, or hate speech. Users must ensure that they have the necessary rights to share any third-party content, and by posting or sharing, they represent that they have such rights. The User accepts and declares that they will act in accordance with these Terms of Use, all conditions specified in the App, prevailing legislation, and moral rules in their transactions on the App. The legal and criminal liability for the transactions and actions of the User within the App belongs to them. Upcarta cannot be held responsible in any way directly and/or indirectly for any damage that third parties suffer or may suffer due to the User’s activities on the App in violation of the provisions of these "Terms of Use" and the law. In the event of a loss, Upcarta reserves its right of recourse.
  3. To the full extent permitted by law, the App and other services provided by Upcarta are provided "as is" without any warranty. Without limiting the following, parties of Upcarta expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, usage, and non-infringement. Upcarta does not take any responsibility for the inability to access the App for any reason, including but not limited to maintenance, repair works, technical failures, late delivery, or interruptions of Upcarta’s services. Upcarta does not make any claim or commitment that the App and Services are error-free, flawless, uninterrupted, perfect or will meet the User's specific needs. It may make all kinds of changes, updates, and similar works on Upcarta, the App and other Services. 
  4. Upcarta shall not be liable for any direct or indirect damages due to
  1. Usage, non-usage, misuse of the App or user's failure to fulfill the commitments and obligations specified in the Terms of Use;
  2. All hardware, system software/other software and network-related function and therefore failures; from communication network, internet connection, connection errors, operating system incompatibilities;
  3. All kinds of changes, updates and similar actions to be carried out on the App or errors and failures that may occur as a result of these; 
  4. Voltage fluctuations, battery and power outages, virus transmission and similar factors;

and all kinds of pecuniary, non-pecuniary and financial damages such as loss of profit, loss of data, loss of business, loss of reputation, loss of anticipated savings, interruption of business, and any compensation claims that may be made by the "User" or a third party in this context.

  1. To the full extent permitted by applicable law, Upcarta shall not be liable for any of the following loss items; such loss items arise out of or in connection with these terms of use or the services provided by Upcarta or the delay or unavailability of the services, in no event shall Upcarta not be liable for any lack of functionality or for any breach of contract or warranty, even if caused by Upcarta's fault, wrongful act (including negligence), strict liability, indemnity, breach of contract or breach of warranty:
  1. Loss of profit,
  2. Revenue loss,
  3. Registration loss,
  4. Data loss or
  5. Any indirect, incidental, consequential, special, punitive, or exemplary damages,

  1. Further, to the full extent permitted by applicable law, Upcarta's aggregate liability arising out of or in connection with these terms of use or services shall not exceed: (a) the aggregate amount (if any) paid to you or payable to us for such service within six (6) months prior to the event giving rise to such liability; or (b) the aggregate amount payable to us, if applicable, is not applicable ($50 US Dollars). These limitations and exclusions regarding damages apply even if they do not cover your loss.


  1. The User shall not engage in any activity against Upcarta, other users and/or third parties by using the App. Upcarta shall have no direct and/or indirect, legal or criminal liability for any damages that third parties suffer or may suffer due to the User's activities carried out/to be carried out on or through the App in violation of the legislation and these Terms of Use as well as the Privacy/Personal Data Protection Policy and Communication Permission. In the event that the User causes any damage to Upcarta and/or third parties by acting contrary to its obligation in this provision, it accepts, declares and undertakes that it shall compensate all kinds of material, moral, negative and positive damages immediately, fully paid in cash at the time of the first request without the need for a court decision.
  2. You agree to indemnify and hold harmless Upcarta and Upcarta's employees, directors, agents, contractors from and against any and all damages (including but not limited to attorneys' fees) arising out of or in any way connected with any and all claims, demands, losses, liabilities, damages and expenses arising out of or in connection with: (a) your access to or use of the Services, or (b) any claim that may constitute a breach by you of these Terms of Use. You agree that Upcarta shall have the right to recourse to you for any payment made or any damages incurred by Upcarta as a result of a court order or agreement of the parties.
  3. In the event that the User acts contrary to any provision of these Terms of Use, Upcarta has the right to make necessary interventions, suspend the service, restrict or block the services and access completely or partially. In the event that the User violates these Terms of Use, they accept, declare and undertake that they will compensate Upcarta for all kinds of material, moral, positive and negative direct and indirect damages immediately, in cash and at once at the time of the first request without the need for a court decision.
  4. The User is solely responsible for his/her interactions with other users and other parties with whom they interact through the Services or games. In the event of a dispute with one or more users, the User accepts, declares and undertakes that he/she will release Upcarta (its managers, directors, agents, affiliates, joint ventures and employees) from all claims, demands and damages (actual and consequential) arising out of or in connection with such disputes, whether known or unknown. 


  1. Upcarta is legally entitled to the App and Content. The use and accessibility of the App and/or the Content by the User within the conditions to be provided by Upcarta does not give the User any intellectual and industrial property rights and/or any right ownership and disposition authority.
  2. You are granted the following license by Upcarta within the limits of these Terms of Use and as long as you comply with the Application Store/Platform Agreement(s) from where you have downloaded the App: (i) downloading and installing the App on the device permitted by the Application Store/Platform Agreement (s) and (ii) personal, non-exclusive, non-transferable, non-sublicensable limited rights and licenses to access and use the App content and Services provided to you. Upcarta and its licensees reserve all rights that are not granted to you in these Terms of Use. 
  3. In the event that the User violates the intellectual and industrial property rights of Upcarta and/or third parties by acting contrary to the commitments contained in these Terms of Use and causes any damage in any way, the User shall bear all legal and criminal liability for the violation; In the event that Upcarta and/or the relevant right holders are faced with any legal, administrative or criminal sanction or lawsuit, he/she shall be the sole addressee and he/she agrees, declares and undertakes that he/she shall compensate all kinds of pecuniary and non-pecuniary, negative and positive damages and/or the amounts that Upcarta will have to pay to third parties immediately, in cash and in lump sum at the time of the first demand, without the need for a court decision.
  4. The use of all kinds of ideas and art products, information and materials in the App is subject to the permission of Upcarta within the framework of the relevant legislation, especially the provisions of the Digital Millennium Copyright Act. The User may not use any intellectual and artistic product, any information or material, regardless of its nature, protected under the Digital Millennium Copyright Act and related legislation without the express written permission of Upcarta; they shall not use the App to transmit any intellectual and artistic product, any information or material, regardless of its nature. Content, all kinds of news, information and other materials found within the App shall be used only with the written permission of Upcarta and under the terms and conditions permitted by Upcarta, and shall not be given, made available for use, reproduced, uploaded to another computer, posted, presented or published to third persons or entities without the prior written permission of Upcarta. The App shall not be used wholly or partially without permission on another website without citing the source. The User accepts, declares, and undertakes to comply with and not to violate the provisions of Digital Millennium Copyright Act and any applicable local, state, federal and international laws, government rules or requirements. Otherwise, Upcarta reserves the right to recourse to the User for any compensation and/or administrative/judicial fines that it has/will have to pay to public institutions and/or third parties.


  1. We may suspend, modify or terminate your access and use of the Services provided by the App and Upcarta, including the App and the Content, without any obligation or notice to you, if any of the following circumstances declared by Upcarta to arise: (a) ceasing to provide the App or the Services provided by the Upcarta to the users in a similar position; (b) your party's breach of any of the terms of these Terms of Use (including the Application Store/Platform Agreements which you have accessed the App and other policies posted on the Upcarta App website); (c) termination of your Application Store/Platform Account by the relevant Application Store/Platform. You may also terminate these Terms of Use by deleting the App from all your devices or by deleting your App Store/Platform Account. Upon any termination of these Terms of Use, the rights granted to you will automatically expire.


  1. Force Majeure 

In the event that the insurrection, embargo, state intervention, riot, invasion, war, mobilization, strike, lockout, work movements or boycotts, worker-employer disputes, cyber-attack, communication problems, infrastructure and internet failures, system-related improvement or renovation works and failures that may occur due to this, power failure, fire, explosion, storm, flood, earthquake, migration, epidemic or any other natural disaster or other event beyond the control of Upcarta ("Force Majeure") prevents or delays Upcarta from fulfilling its obligations arising from these Terms of Use, Upcarta shall not be held responsible for its obligations that are hindered or delayed as a result of Force Majeure and this situation shall not be considered as a violation of these Terms of Use.

  1. Severability

The invalidity of any provision of these Terms of Use wholly or partially shall not affect the validity of the other provisions of the Terms of Use unless expecting the opposite contradicts good faith. 

  1. Additional Policies

Upcarta may issue additional policies regarding the App or the Services it provides. Your right to use these services is governed by these special policies and these Terms of Use.

  1. Entire Agreement

The Terms of Use, the Privacy Policy, and any documents expressly included in the scope of these Terms of Use through any additional policies and references constitute the entire understanding between you and Upcarta and supersede all previous electronic, oral, or written understandings between you and Upcarta regarding the subject matter of these Terms of Use.

  1. No Waiver

Upcarta 's failure to exercise any of its rights arising out of these Terms of Use shall not be construed as an explicit or implicit, temporary or permanent waiver of Upcarta's right/authority to exercise such right/authority; Upcarta may exercise such rights at any time.

  1. Evidential Contract

The User accepts, declares, and undertakes that Upcarta's books and records, including all kinds of digital records, and the records and data of the website and all kinds of information in the database shall constitute a valid, binding and conclusive evidence, and this provision constitutes an evidential contract.

  1. Governing Law

The laws of the United States shall be applied in the interpretation and implementation of these Terms of Use and in the resolution of disputes that may arise between the User and Upcarta and Delaware Courts and Enforcement Offices are authorized.