Terms of Service for Havira

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Havira ("Havira," "we," "our," or "us") governing your access to and use of the Havira mobile application and related services (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Service Provider

Havira is a service provided by Engin Deniz Usta, a service provider based in Germany.

• Provider: Engin Deniz Usta
• Email: support@edusta.dev
• Address: Brennerei 2, 82024 Taufkirchen, Germany

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Service" means the Havira mobile application and all related services, features, and functionality provided by Havira.
• "User Content" means any text, images, prompts, or other content that you submit, upload, or transmit through the Service.
• "Tokens" means the virtual currency used within the Service to process video generation requests and access certain features.
• "Credits" means any virtual currency, points, or other account balances that may be used within the Service.
• "We," "us," "our," or "Havira" refers to Engin Deniz Usta, operating as Havira.
• "You," "your," or "User" refers to the individual or entity accessing or using the Service.

3. Eligibility

You must be at least 13 years old (or 16 in the European Economic Area) to use the Service. By using the Service, you represent that you meet this age requirement and have the legal capacity to enter into these Terms. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization.

4. Account Registration

To access certain features, you must create an account using Firebase Authentication or other supported providers. You are responsible for:

• Providing accurate and complete information
• Maintaining the confidentiality of your credentials
• Immediately notifying us of any unauthorized access

You are solely responsible for all activities, actions, and omissions that occur under your account, regardless of whether such activities are authorized by you.

5. Tokens, Payments, and Subscriptions

Havira uses a token-based system to process video generation requests. Tokens may be purchased through RevenueCat or granted by Havira at our sole discretion. All purchases are processed through third-party payment platforms, including but not limited to the Apple App Store and Google Play Store. By making a purchase, you acknowledge and agree to be bound by the applicable payment terms and conditions of the App Store, Play Store, and RevenueCat, in addition to these Terms.

Except as required by applicable consumer protection laws or platform refund policies, Tokens are non-refundable once purchased. Tokens forfeited due to account termination (Section 16) are not eligible for refund.

Subscriptions, if offered, will automatically renew at the end of each subscription period unless canceled by you prior to the renewal date. You are responsible for managing and canceling subscriptions through your device's account settings or as otherwise provided by the applicable platform.

6. Video Generation and User Content

You may submit text prompts, reference images, or other content ("User Content") to generate videos through our integration with third-party AI video generation services, including but not limited to OpenAI's Sora and Google's Veo. We may add, remove, or change the video generation services we use at any time, in our sole discretion, to provide the best possible experience. You retain any rights you hold in your User Content, subject to the license you grant us below.

Reference Images: You may upload reference images to guide video generation (max 1 image for OpenAI Sora, up to 3 images for Google Veo). Reference images are subject to content moderation and are processed through third-party AI services. We retain reference images as necessary to provide the Service and delete them when you delete your account or video request, as described in our Privacy Policy.

AI-Generated Content Disclosure: Videos generated through the Service are created using artificial intelligence technology provided by third-party AI video generation services, including but not limited to OpenAI's Sora and Google's Veo. You acknowledge and understand that all videos generated through the Service are AI-generated content. When sharing, publishing, or distributing videos generated through the Service, you should disclose that the content is AI-generated, as appropriate for your use case.

By submitting User Content, you grant Havira a worldwide, non-exclusive, royalty-free license to host, process, reproduce, and display the content solely for the purpose of providing and improving the Service, including content moderation and safety checks. You represent that you have all necessary rights to submit the content and that it does not infringe or violate the rights of others.

You are solely responsible for your User Content and represent and warrant that your User Content does not violate any applicable laws, regulations, or third-party rights. You agree not to submit, upload, or transmit any User Content that is illegal, harmful, abusive, harassing, defamatory, obscene, or otherwise objectionable. We reserve the right, but not the obligation, to monitor, review, remove, or refuse any User Content that violates these Terms or our policies, in our sole discretion and without prior notice.

The Service may display videos, user-generated content, and content from third-party AI services. We do not claim ownership of your User Content. Third-party or user-generated content is the responsibility of its creator and may be subject to additional terms. We do not endorse or guarantee the accuracy, quality, or legality of such content and may remove it at our discretion where it violates these Terms or applicable law.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use bots, scripts, or automated systems to access the Service beyond the documented API and rate limits
• Upload malicious code or materially burden our infrastructure
• Generate or attempt to generate content that violates our moderation rules. We use third-party moderation systems (including OpenAI's Moderation API) to monitor content. Upon ten confirmed moderation violations, your account will be permanently terminated.

We reserve the right to suspend, restrict, or terminate your access at any time for any reason, including violations of these Terms. In the event of account suspension or termination due to violations, all remaining Tokens, Credits, and account balances will be forfeited without refund, regardless of whether the suspension is temporary or permanent.

8. Third-Party Services

The Service relies on third-party service providers to provide functionality and features. Specifically, we use:

• OpenAI (Sora): For video generation from text prompts and reference images (max 1 image)
• Google (Veo): For video generation from text prompts and reference images (up to 3 images)
• OpenAI (Moderation API): For content moderation and safety checks on prompts and images
• Google Firebase: For user authentication and push notifications (FCM)
• Google Cloud Platform: For data storage and infrastructure services
• Google Analytics: For usage analytics (optional, requires your consent)
• RevenueCat: For in-app purchase and subscription management

Push Notifications: If enabled, we use Firebase Cloud Messaging (FCM) to send notifications about video generation status and service updates. You can manage notifications through your device settings. Push notifications require your explicit consent and are optional.

We may use additional or replace existing video generation services at any time. The specific AI model used may vary based on availability, quality, and performance. Your use of third-party services is subject to their respective terms and privacy policies. Havira disclaims all responsibility for third-party services, and you acknowledge that your use of such services is at your own risk. Reference to third-party services does not constitute an endorsement, partnership, or sponsorship.

9. Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated herein by reference and explains how we collect, use, disclose, and protect your information. By using the Service, you acknowledge that you have read and understood the Privacy Policy and consent to the collection, use, and disclosure of your information as described therein.

10. Intellectual Property

All rights, title, and interest in and to the Service, including but not limited to all software, code, content, text, graphics, logos, trademarks, service marks, and other intellectual property rights, are owned by Havira or its licensors and are protected by applicable intellectual property laws. Except for the limited, non-exclusive, non-transferable, revocable license granted to you in these Terms to access and use the Service, no rights, title, or interest in or to the Service are transferred to you. You may not use, reproduce, distribute, or display Havira's trademarks, logos, or branding without our prior written consent.

11. Feedback

If you provide ideas, suggestions, feedback, or other submissions to Havira, you hereby grant Havira a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit such feedback in any manner and for any purpose, without any obligation to compensate you or provide attribution to you.

12. Beta Features

We may offer beta, experimental, or pre-release features from time to time. Such features are provided "as is" and "as available" without warranties of any kind, express or implied, and may be modified, updated, or discontinued at any time without prior notice. Your use of beta or experimental features is at your own risk, and you acknowledge that such features may contain errors, bugs, or other issues that may affect their functionality.

13. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. HAVIRA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT GENERATED VIDEOS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAVIRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAVIRA, ENGIN DENIZ USTA, OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER HAVIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY EUROS (€50).

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify, defend, and hold harmless Havira, Engin Deniz Usta, and our affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of or access to the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable laws, regulations, or third-party rights; or (e) any other act or omission by you in connection with the Service.

16. Termination

We may suspend, restrict, or terminate your access to the Service, or any portion thereof, at any time, with or without cause or notice, in our sole discretion, including but not limited to if you violate these Terms or if we discontinue the Service. Upon termination, your right to access and use the Service will immediately cease, and you must immediately cease all use of the Service.

All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to Sections 6 (Video Generation and User Content), 10 (Intellectual Property), 11 (Feedback), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), and 18 (Governing Law and Dispute Resolution).

You may discontinue your use of the Service at any time. To delete your account or request data deletion, you may contact us at support@edusta.dev or use the in-app data deletion tools, subject to our Privacy Policy and applicable data retention requirements.

17. Changes to These Terms

We reserve the right to modify, amend, or update these Terms at any time and from time to time, in our sole discretion. We track all versions of these Terms. If we make material changes to these Terms, we will notify you through the Service by displaying a notification in the app when you open it, prompting you to review the updated Terms.

Your continued use of the Service after the effective date of any modifications to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles. If you are a consumer located in the European Union, you may also benefit from mandatory provisions of the law of your country of residence, and nothing in these Terms shall affect your rights as a consumer under the mandatory provisions of the law of your country of residence.

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts located in Munich, Germany, except where prohibited by applicable law or where you are a consumer and the mandatory provisions of the law of your country of residence require otherwise.

If you are a consumer located in the European Union, you may access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/ for assistance in resolving disputes. We are not obligated to participate in alternative dispute resolution proceedings before a consumer arbitration board.

19. Contact

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

• Email: support@edusta.dev
• Postal Address: Engin Deniz Usta, Brennerei 2, 82024 Taufkirchen, Germany

20. Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, war, acts of God, labor disputes, acts of civil or military authority, or acts of regulatory or governmental agencies.

21. Unfair Contract Terms

Nothing in these Terms shall be interpreted or applied in a way that excludes or limits your rights as a consumer under mandatory provisions of applicable law. If any term is found to be unfair under applicable consumer protection law, including but not limited to the EU Unfair Contract Terms Directive (93/13/EEC), it shall not bind the consumer, and the remaining terms shall continue in full force and effect. If any provision is found to be invalid, the parties agree that a court should attempt to give effect to the parties' intentions as reflected in the provision.

22. Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign, transfer, or delegate these Terms or any of our rights or obligations hereunder at any time, with or without notice to you.

23. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Havira. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

24. Notices

Any notices or other communications provided by Havira under these Terms, including those regarding modifications to these Terms, will be given: (a) via email to the email address associated with your account; (b) by posting to the Service; or (c) by other means as determined by Havira in its sole discretion. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

25. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that comes closest to the intent of the original.

26. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Havira regarding your use of the Service and supersede all prior or contemporaneous communications, proposals, and agreements between you and Havira, whether oral or written, relating to the subject matter hereof.