Welcome, and thank you for your interest in MER-TEL ELEKTRONİK İLETİŞİM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ (“Mertel,” “we,” or “us”) and our website at www.moderation.pet, along with our related websites, hosted applications, mobile or other downloadable applications, and other services (collectively, the “Service”).
By clicking “I Accept,” or by downloading, installing, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
ARBITRATION NOTICE. Disputes arising under these Terms will be resolved by binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND MERTEL WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Mertel provides Tipple, a gamified drink-tracking mobile application. Tipple enables users to set a personal weekly drinking goal, log their daily alcohol consumption, and interact with an animated companion character whose camp environment evolves based on the user's consistency. Tipple is not a medical product and does not provide clinical advice, therapy, or treatment of any kind.
The Service provides general self-tracking tools and informational content only. It is not a substitute for professional medical, psychological, or clinical advice. If you have concerns about your alcohol consumption or your health, consult a licensed professional.
IF YOU ARE IN CRISIS OR BELIEVE YOU MAY BE DEPENDENT ON ALCOHOL, DISCONTINUE USE AND SEEK IMMEDIATE PROFESSIONAL HELP OR CONTACT THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY.
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement and that your use complies with all applicable laws.
To access most features, you must register for an account with accurate, current information. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us at support@moderation.pet if you believe your account has been compromised.
Certain features require payment. All fees are in U.S. Dollars. Payments for subscriptions purchased through the Tipple website are processed by Paddle.com Market Limited (“Paddle”), which acts as Merchant of Record. When you purchase through the website, your contract of sale is with Paddle, and Paddle's terms and privacy policy apply. For purchases made through Apple in-app purchase, Apple's terms apply.
Mertel determines pricing for the Service and may update fees from time to time with advance notice.
Tipple is offered on a subscription basis with automatically recurring payments. Your subscription begins on the first billing date and renews automatically for successive periods of the same duration until cancelled. Cancel before your renewal date to avoid being charged for the next period. Manage or cancel your subscription in-app or by contacting support@moderation.pet.
If you are not satisfied with your Tipple subscription for any reason, contact us at support@moderation.pet within 14 days of your purchase for a full refund. No questions asked. This applies to subscriptions purchased through the Tipple website. For Apple in-app purchases, refunds are subject to Apple's refund policy.
Mertel may offer a free trial for new subscribers. At the end of the trial, your subscription will automatically convert to a paid subscription unless cancelled before the trial ends.
Subject to these Terms, Mertel grants you a limited, non-exclusive, non-transferable, revocable licence to install and use the Tipple app on a device you own or control, and to access and use the Service for your personal, non-commercial use.
You may not reproduce, distribute, modify, reverse engineer, or interfere with any feature of the Service, including security or access controls.
If you provide suggestions about the Service, you grant Mertel an unrestricted, perpetual, irrevocable licence to use the feedback for any purpose without obligation to you.
The Service and all materials therein are owned by Mertel or its licensors and protected by applicable intellectual property laws. No implied licences are granted.
The Service may include links to or integrations with third-party services not under Mertel's control. We encourage you to review their terms and privacy policies before sharing data with them. The Service may also include third-party software components subject to separate licence terms.
You retain ownership of drink logs, goal settings, and other data you submit (“User Content”). You grant Mertel a worldwide, non-exclusive, perpetual licence to host, store, and process your User Content as necessary to provide and improve the Service. Mertel may use User Content in anonymised, aggregated form for internal purposes. Mertel may remove User Content at any time without liability.
By installing Tipple, you agree to receive push notifications. You may disable them in your device settings at any time. We may also send emails about the Service; you may opt out via the unsubscribe link.
You agree not to:
We may update these Terms from time to time. Material changes to existing users take effect 30 days after notice. Continued use constitutes acceptance.
These Terms are effective when you accept them and continue until terminated. Mertel may terminate your account at any time for any reason. You may terminate by following in-app instructions or contacting support@moderation.pet. Sections 6.3, 6.4, 8, 13, 14, 15, 16, and 17 survive termination. Mertel may modify or discontinue any part of the Service at any time without liability.
You will defend and indemnify Mertel and its affiliates from and against third-party claims arising out of your use of the Service, your violation of these Terms, or your violation of any third-party rights.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” MERTEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE SERVICE IS FOR SELF-TRACKING PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MERTEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. MERTEL'S TOTAL LIABILITY IS LIMITED TO THE GREATER OF (A) AMOUNTS PAID BY YOU IN THE 12 MONTHS PRIOR TO THE CLAIM AND (B) US$100.
Except as described below, all disputes will be resolved by binding arbitration. YOU AND MERTEL WAIVE THE RIGHT TO A TRIAL BY JURY OR CLASS ACTION.
Either party may bring an individual action in small-claims court, pursue enforcement through an applicable agency, seek injunctive relief, or bring an intellectual-property infringement claim in court.
You may opt out of arbitration within 30 days of accepting these Terms by sending written notice to: MER-TEL ELEKTRONİK İLETİŞİM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ, Attention: Legal Department, Kordonboyu Mahallesi, Ankara Caddesi, No:40/5, Kartal, Istanbul 34860, Turkey. Include your full name, account email, and a statement that you wish to opt out.
Arbitration is administered by JAMS under its consumer dispute rules, as modified by these Terms, and is subject to the U.S. Federal Arbitration Act.
CLAIMS MAY ONLY BE BROUGHT INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Disputes not subject to arbitration will be resolved in the state or federal courts of New Castle County, Delaware.
Our Privacy Policy is incorporated into these Terms by reference.
MER-TEL ELEKTRONİK İLETİŞİM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ
Kordonboyu Mahallesi, Ankara Caddesi, No:40/5, Kartal, Istanbul 34860, Turkey
support@moderation.pet
If you use Tipple on an iOS device, these Terms are between you and Mertel only, not Apple. Apple is not responsible for the Service or its content and has no obligation to provide support. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.