1. Parties and acceptance
1.1 These Terms of Use ("Terms") are an agreement between you and 90Piksel Bilgisayar Bilişim Elektronik Taş. Tur. Tic. Ltd. Şti. ("Wherlyst", "we") for the use of the Wherlyst mobile app and web view pages (the "Service"). Address: Mansuroğlu Mah. 288/4 Sok. No: 16 D: 27, Bayraklı, İzmir, Türkiye; trade registry (MERSİS): 0001096226500001; email: wherlyst@90pixel.com. 1.2 With the single acceptance on the sign-up screen you (a) accept these Terms and the Community Guidelines, (b) confirm that you have read the Privacy Notice and the Privacy Policy, and (c) make the age declaration in §2.1. If you buy a paid plan, the Subscription Terms are presented separately on the purchase screen. AI-assisted place detection (§3.3) and identity-free usage measurement (§3.6) are part of these Terms; no separate permission screen is shown for them. How we process personal data is explained in detail in the Privacy Policy and the KVKK notice; they are information and do not replace consent. 1.3 For visitors viewing a web view page without an account, only §6, §8, §10, §14 and §16 apply.
2. Who can use Wherlyst
2.1 You must be at least 16 years old. [US] If you live in the United States, you must be at least 18 years old. By giving the sign-up acceptance you declare that you are above this minimum age and agree that the declaration is true. If we learn that an account belongs to someone below this age, we close it and delete its data (Privacy Policy §12). 2.2 You sign up with Sign in with Apple, Google sign-in or an email verification code. You are responsible for the security of your account and for activity under it. Tell us immediately at wherlyst@90pixel.com if you suspect unauthorised use. 2.3 An account may be used by one person only. You may not use a display name that impersonates someone else or Wherlyst. 2.4 [US] Wherlyst is not for people under 18 in the United States; parental permission does not change this. Where state law requires it (for example, Texas), we may use age information provided by the app store solely to apply this age rule; if the store indicates that you are under 18, an account will not be created or will be closed.
3. The Service
3.1 Wherlyst lets you save places on a map, link posts you share from other apps to places, add notes and (with the paid plan) photos and videos, organise places into folders and share folders with others. 3.2 Free and paid use. On a free account you can add up to 10 places per day (share-sheet and manually added places both count; the counter resets at midnight local time; deleting a place does not give the allowance back); folders, sharing, shared lists, web links, notes, search and place suggestions from links or text (including AI-assisted place detection, §3.3) are free. Adding photos and videos and unlimited places per day require the paid plan (Wherlyst Plus; including the 7-day free trial). Price, term, renewal, cancellation, refunds and what happens when a plan ends are set out in the Subscription Terms. 3.2a Technical caps (fair use). To protect the service and other users from abuse and excessive load, the following technical caps apply on the paid plan (including the trial); they are protective measures, not plan features: (a) videos up to 3 minutes and 120 MB, videos above 1080p are converted to 1080p; photos up to 2 MB; (b) up to 100 photos/videos per place; (c) per account up to 3 GB and 500 media files per day, and 1 GB and 200 media files per day during the 7-day trial; (d) up to 10 uploads in progress at once. The number of places you can add per day is unlimited. When a cap is reached, new uploads under that cap pause and can continue when the daily cap resets. For these technical caps, "day" means 00:00–24:00 UTC, regardless of your time zone (in Türkiye the reset happens at 03:00); the free account's daily place limit is separate and resets by your local time; access to your existing content, editing, deleting and your data copy are not affected. These caps are far above ordinary use. If we change the numbers we give advance notice of changes that are not in your favour. These caps alone are not grounds for closing your account; account restrictions follow only the Community Guidelines and the violation process in these Terms. 3.3 Place suggestions. To find a place from a link you share we use an AI-assisted service for place detection on all accounts, free and paid; rule-based methods run as a fallback when that service is switched off or returns an error. AI processing: When you use this feature, the title and description of the linked page, the public post title or text from the platform and the part of the text you share that is needed for place detection are sent, without your identity and with phone numbers, email addresses and web addresses removed, to the AI (language model) service of a third-party provider (Google - Gemini API, paid service) and processed there. Processing may take place in Google's facilities in various countries (including countries outside Türkiye and the European Union); we do not commit that processing will take place in the European Union. Google does not use these texts to improve its products and keeps them for no longer than 55 days, solely to prevent abuse; we do not store them. If no place is found, the address of the link you saved (with personal parameters removed) may also be sent to Google, and Google may read the public page at the link (including Instagram, TikTok and X post pages); the address sent and the content Google reads fall under the same retention of no longer than 55 days (web addresses inside text are not sent). For Instagram links the app may also read and show the public title, description and image of a link you added or opened yourself from your device; this information is not sent to our servers. For shares that list several places (e.g. a "8 places worth seeing" post), the place names are extracted with the same service, each is looked up with Google's place search service, and the extracted list, including the places you do not pick, is kept only in your own account until the record is deleted (Privacy Policy §4 and §8). The Google name of the place you pick is written as the name you own for the record, and you can change it at any time. Because platforms may restrict automated access, a suggestion or preview may not always appear. The result is only a suggestion. This processing is part of the Service whatever your plan; these Terms and the Privacy Notice inform you about it and no separate permission screen is shown. If you do not want AI processing, do not use the automatic place-finding feature for links you share (you can add places manually); To object to this processing (ask for it to be stopped for you) or to withdraw, you can write to wherlyst@90pixel.com or delete your account; there is no separate in-app switch. Your request is answered within 30 days at the latest. Details: Privacy Notice and Privacy Policy §4. Suggestions may be wrong or incomplete; a place is saved only when you confirm it. We do not guarantee the accuracy of place information (name, address, opening status etc.). Directions open in your device's map app, whose terms apply. 3.4 Changes to the Service. We may improve the Service and add or remove features. We will not reduce what the paid plan provides (adding photos/videos) during a period you have paid for. We will give advance notice of material changes. 3.5 Interruptions. We make reasonable efforts to keep the Service available; temporary interruptions may occur for maintenance, security or reasons beyond our control. Your statutory rights for prolonged interruptions affecting the paid plan are preserved (Subscription Terms, "Refunds and withdrawal"). 3.6 Identity-free usage measurement and error logging. To improve and stabilise the Service we measure which screens and steps are used in the app (e.g. whether a save was completed) without linking it to your account, email address or any identifier of your device; when the app crashes, the device model, operating system, app version and technical error details (without the content of places, notes, links, location or email) are sent for error monitoring and kept for up to 90 days. They are not used for advertising or tracking and not shared with anyone. There is no separate on/off switch for these in the app; they are part of the Service and you accept them by creating an account. To object to this processing (ask for it to be stopped for you) or to withdraw, you can write to wherlyst@90pixel.com or delete your account; there is no separate in-app switch. Your request is answered within 30 days at the latest. Details: Privacy Notice.
4. Your content and responsibility
4.1 Everything you add to the Service, including places, notes, folder names, display name, photos and videos ("Content"), belongs to you. 4.2 Permission you give us. You grant us a worldwide, non-exclusive, royalty-free, non-transferable licence to store, back up, technically process (e.g. reduce video resolution, strip location metadata from images) and display your Content to the people you choose (folder members and holders of your web link), solely as needed to provide the Service. This licence ends when you delete the Content or close your account (except for backup and statutory retention periods). We do not use your Content for advertising or marketing. 4.3 Your commitments. You confirm that you have the necessary rights to your Content and that it complies with these Terms, the Community Guidelines and the law. In particular, you must not:
- upload photos or videos owned by others without the rights holder's permission;
- upload images of other people without their consent, or share their identity or contact details;
- add content that violates someone's privacy, harasses, threatens, incites hatred, is obscene, exploits children or is otherwise illegal.
4.4 Zero tolerance. We do not tolerate objectionable content or abuse. Such content is removed and the account may be suspended or terminated (§9). 4.5 The Service is a hosting service. We are not obliged to monitor Content in advance; we act without undue delay once we become aware of illegal content (§8).
5. Sharing and web links
5.1 Folder sharing. You can share a folder through an invite link as viewer or contributor. Anyone with an invite link can join with that link's role and sees all of the folder's content. The folder owner can remove members, change roles and revoke links. 5.2 Web link. When you turn on a web link for a folder, anyone with the link can view it without an account: folder name, the owner's display name, place names, addresses, locations, notes, source links and visible photos/videos. Members and recipients can pass the link on. Web views do not show who added a place. You can turn the link off at any time; due to caching a page may remain visible for a few minutes. 5.3 Adding to someone else's folder. Notes and media you add to a folder with an active web link are visible to anyone with the link; the app shows this when you pick the folder and on your first addition. When you leave a folder, places you added stay in it, visible to members (and to web link holders if the link is on), unless you choose to remove them when leaving. To remove them later, delete the place from your account or ask us at wherlyst@90pixel.com. If a folder's web link is turned on later, existing members are told in the app and can remove their places from the folder. If you ask our support to remove your places from a folder you left, we will process the request. 5.4 Media visibility. In shared folders and web links, the visibility of a photo or video depends on the plan of the person who added it; when that person's plan ends, the media they added is hidden. 5.5 Blocking. You can block a user. A blocked user cannot join folders you own and is removed from existing ones; in folders you share, places they added are hidden from you. The blocked user is not notified. When blocking, you can optionally tick "Also report this person to Wherlyst"; your report is then reviewed under §8.
6. Third-party platforms and content
6.1 Wherlyst is not affiliated with or endorsed by Instagram, TikTok, X, YouTube, Google or any other platform. Platform names and trademarks belong to their owners. 6.2 Links you share point to content on other platforms. That content belongs to its owners and is subject to those platforms' terms. We do not republish platform images or post text in the Service. 6.3 YouTube. For YouTube links we use YouTube API Services. By using the Service you also agree to be bound by the YouTube Terms of Service. Google's data practices: Google Privacy Policy. 6.4 Maps and place search. On Android the map is shown with Google Maps and on iOS with Apple Maps; place suggestions come from the Google Maps (Places) service. By using the map on Android you are subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy. Some names and addresses in existing records are based on OpenStreetMap data (© OpenStreetMap contributors, ODbL). Details: Account > Licenses.
7. Prohibited use
You must not: use the Service for unlawful purposes; try to access other people's accounts or folders without permission; probe, bypass or disrupt the Service's security (authorised security reports: wherlyst@90pixel.com); scrape data from or send bulk automated requests to the Service; spread invite or web links as spam; reverse engineer the Service (except where the law expressly allows); impersonate Wherlyst or anyone else; use the Service in a way that prevents others from using it.
8. Reporting content (notice and action)
8.1 You can report a place or folder you believe is illegal or breaches the Community Guidelines using "Report" in the app or on the web view, or by writing to wherlyst@90pixel.com. No account is needed to report from a web view. 8.2 A report contains the content location (added automatically), the reason and an explanation, optionally your name and email, and a statement that you report in good faith. Detailed procedures for copyright and personal rights notices are in the Community Guidelines. 8.3 Reports are assessed by human review; a report does not cause content to be removed or hidden automatically. Our target is to review reports within 24 hours (24 hours); illegal content and threats to life or safety, harassment, personal data and privacy, and copyright notices are handled first. 8.3a Automated word filter. We use an automated word filter for insulting or profane expressions in text fields such as folder names, display names and notes: on a match you see a warning and your place is not blocked; the matched expression is masked on web views. It is not masked for invited members inside the app. The filter is not a content removal decision. 8.4 The owner of reported content is not notified at the time of the report and the reporter's identity is never disclosed. If you provided contact details, we confirm receipt and tell you the outcome. 8.5 [UK] Under the UK Online Safety Act 2023 we protect users from illegal content by: content being private by default and shared only with invited people; web links excluded from search engines; report and block tools; human review; and closing accounts of repeat offenders. You can send complaints about how a report was handled, about removal of your content or restriction of your account, or if you think we are not meeting these duties, to wherlyst@90pixel.com; complaints are reviewed by a person and answered within a reasonable time. 8.6 Complaints and contact address. Users from any region, web visitors and rights holders can send complaints and issues that do not fit the "Report" options (about the Service, the outcome of a report, your account, your content or your rights) to our single complaints and contact address, wherlyst@90pixel.com, which also appears in the app under Settings and in the web view footer. Complaints are assessed by human review; if we can reach you through contact details you provided, we confirm receipt and the outcome within a reasonable time (target: first review within 24 hours of receipt). By post: 90Piksel Bilgisayar Bilişim Elektronik Taş. Tur. Tic. Ltd. Şti., Mansuroğlu Mah. 288/4 Sok. No: 16 D: 27, Bayraklı, İzmir, Türkiye. This complaints route does not limit your rights to apply to consumer arbitration committees, mediation, courts or supervisory authorities (§16; Privacy Policy) or, [EU/UK], your rights under DSA Art. 20 / the UK OSA. 8.7 [US] Copyright (DMCA). If you believe content on Wherlyst infringes your copyright, send a notice to our designated agent under 17 U.S.C. §512(c)(3): 90Piksel Bilgisayar Bilişim Elektronik Taş. Tur. Tic. Ltd. Şti., Mansuroğlu Mah. 288/4 Sok. No: 16 D: 27, Bayraklı, İzmir, Türkiye, wherlyst@90pixel.com. The notice must include your physical or electronic signature, identification of the copyrighted work, the location of the allegedly infringing content (web link or place name), your contact details, a statement of good-faith belief that the use is not authorised, and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorised to act on the owner's behalf. If your content was removed and you believe this was a mistake, you may send a counter-notice with the elements required by §512(g)(3). We terminate, in appropriate circumstances, the accounts of repeat infringers. 8.8 [US] Non-consensual intimate images (TAKE IT DOWN Act). If an intimate image or video of you (or of a person you are authorised to represent) has been shared on Wherlyst without consent, you can ask us to remove it without an account by writing to wherlyst@90pixel.com. Include a description that lets us find the content, a brief statement that it was published without consent, your contact details and your physical or electronic signature. We remove valid requests within 48 hours and make reasonable efforts to remove known identical copies.
9. Removal, suspension and termination
9.1 We may remove content, restrict its visibility (e.g. turn off a web link), temporarily suspend an account, or permanently close it for serious or repeated breaches of these Terms, the Community Guidelines or the law. We also act on orders from courts or competent authorities. 9.2 Proportionality. We consider severity, repetition and intent. For example: a one-off minor breach leads to removal of the content; repeated breaches may lead to suspension for up to 30 days; child sexual abuse material, serious threats or grave illegal content may lead to immediate closure and, where required, reporting to authorities. 9.3 Statement of reasons. When we remove your content or restrict your account, we send you a statement of reasons in the app and by email: the type and scope of the restriction, the facts, the rule relied on (a legal provision or the relevant section of these Terms), whether automated means were used (removal and suspension decisions are made by human review; masking on web views is done by the automated filter), and how to appeal. If the decision followed a report, we say so, but we never disclose the reporter's identity. 9.4 Appeal. You can appeal within 6 months of the notice by replying to it or writing to wherlyst@90pixel.com. Your appeal is reviewed by a person who did not make the original decision. If it is upheld, the content and account are restored. Your right to go to court is unaffected. [EU] You may also refer the dispute to an out-of-court dispute settlement body certified under Art. 21 DSA. 9.5 During suspension. You cannot sign in and your web links are off; shared folders you own remain read-only for members (except removed content). You can still request account deletion (wherlyst.com/support#delete) or a copy of your data (wherlyst@90pixel.com). Suspension does not stop your store subscription; you can cancel it in your store settings. If an appeal finds the suspension unjustified, we will support your refund request to the store for the suspended period. 9.6 On permanent closure your account is deleted under the account deletion rules. 9.7 Other effects of suspension. While you are suspended, invite links to folders you own cannot be used to join (they are not revoked and work again for their remaining validity once the suspension ends). Places you added to other people's folders stay visible unless they must be removed separately; if we decide to hide all your contributions, the statement of reasons describes this as a "visibility restriction". 9.8 Evidence copy. We keep a copy of removed content with restricted access for 6 months (or until any ongoing legal proceedings end) for appeals and possible legal claims.
10. Intellectual property
The Wherlyst name, logo, app software and design belong to Wherlyst or its licensors. These Terms give you a limited, non-exclusive, non-transferable, revocable licence to use the Service for personal, non-commercial purposes. Licences of open-source components are listed in Settings > About.
11. Deleting your account and termination
11.1 You can delete your account at any time in Settings > Delete account or on the web (wherlyst.com/support#delete). Deletion removes your places, media and folders you own (including shared ones); places you added to other people's folders are removed too. You can request a copy of your data before deleting. Timelines are in the Privacy Policy. 11.2 Deleting your account does not automatically cancel your store subscription. Cancel it in your App Store or Google Play settings (see Subscription Terms). 11.3 Inactive accounts. If you do not use your account on any device for 12 months (no app opening, sign-in or sync), we email you (and notify you if possible) 30 and 7 days before the deletion date; the deletion date is at least 30 days after the first warning. Opening the app during that time is enough; otherwise your account and all content (including hidden media and shared folders you own) are deleted. Your account is not deleted for inactivity while you have a valid paid subscription (including a trial, a cancelled subscription running to the end of its period, and the store's billing grace period); if, when it ends, you have already been inactive for more than 12 months, the deletion date is at least 30 days after the subscription ends. Members of shared folders you own are told 30 days before the folder is removed (without the reason). If your email permanently bounces and no notification channel exists, deletion may still go ahead. You can request a copy of your data during the warning period. 11.4 These Terms end when your account is deleted. Provisions that by their nature should survive (backup/retention exceptions in §4.2, §12, §13, §16) continue to apply.
12. Warranty
12.1 We provide the Service with care. To the extent permitted by law, the Service is provided "as is"; we do not guarantee the accuracy of place suggestions, third-party place data or other users' Content. 12.2 [EU/UK] Your rights under the mandatory consumer law of your country (including, in the EU, conformity rights for digital content and services and, in the UK, rights under the Consumer Rights Act 2015) and, [TR], under Turkish Consumer Protection Law No. 6502 are not limited by these Terms. 12.3 [US] TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
13. Limitation of liability
13.1 Our liability is not limited for intent, gross negligence, death or personal injury, or any other liability that cannot be limited by law. 13.2 Otherwise, to the extent permitted by law, we are not liable for indirect losses such as loss of profit, or for losses caused by other users' Content or third-party platforms. Our total liability relating to the Service is limited to the amount you paid us in the 12 months before the event giving rise to the claim or, if you paid nothing, USD 50. 13.3 [EU/UK] These limitations apply only to the extent permitted by the mandatory consumer law of your country. [UK] We are responsible for foreseeable loss and damage caused by our breach of these Terms or our failure to use reasonable care and skill. 13.4 [US] Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitations in §13.2 may not apply to you; in that case our liability is limited to the fullest extent permitted by the law of your state.
14. Changes to these Terms
We may update these Terms for valid reasons such as legal requirements, security or changes to the Service. We will announce material changes to your detriment in the app and by email at least 30 days before they take effect. If you do not accept a change, you may delete your account before it takes effect; your statutory rights regarding a paid and unused period are preserved. For changes that materially widen the scope of data processing (a new type of data, a new third-party service provider - including a change of the AI service provider - or a new transfer region or less certain processing location, a longer provider-side retention period, a change of the minimum age) you will be asked to accept again with the same sign-up acceptance screen the next time you use the app; if you do not accept, you may delete your account. Previous versions are archived at wherlyst.com/legal-archive.
15. Notices and contact
We contact you through the email address registered to your account and in the app. You can reach us, and send complaints, at wherlyst@90pixel.com (see §8.6). Our point of contact for authorities and users and company details are on the Imprint page. We communicate in Turkish and English.
16. Governing law and disputes
16.1 [EU] If you are a consumer living in the EU, the choice of law below does not deprive you of the mandatory consumer protection rules of your country of residence, and you may bring proceedings in the courts of your country. 16.2 [UK] If you are a consumer living in the UK, the mandatory rules of where you live (England and Wales, Scotland or Northern Ireland) are preserved and you may bring proceedings in those courts. 16.3 [TR] These Terms are governed by the laws of the Republic of Türkiye. As a consumer you may apply to the Consumer Arbitration Committee within the monetary limits set annually by the Ministry of Trade, or, above those limits, to mandatory mediation and then the Consumer Court. Current limit: TRY 186,000 for 2026. 16.4 Please write to us first at wherlyst@90pixel.com; we can resolve most issues directly. 16.5 [US] If you are a consumer living in the United States, the choice of law in §16.3 does not deprive you of the mandatory consumer protection laws of your state, and you may bring claims in the courts with jurisdiction where you live, including small claims court.
17. Additional App Store terms (iOS)
If you obtained the app from the Apple App Store, the following also applies: (a) These Terms are between you and Wherlyst, not Apple. Wherlyst, not Apple, is responsible for the app and its content. (b) Your licence is limited to using the app on Apple-branded devices you own or control, as permitted by the Usage Rules in the App Store Terms of Service. (c) Wherlyst alone is responsible for maintenance and support; Apple has no obligation to provide any. (d) If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any). To the maximum extent permitted by law, Apple has no other warranty obligation regarding the app. (e) Wherlyst, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer protection claims. (f) Wherlyst, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the app infringes intellectual property rights. (g) You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties. (h) Questions and complaints: wherlyst@90pixel.com / Mansuroğlu Mah. 288/4 Sok. No: 16 D: 27, Bayraklı, İzmir, Türkiye. (i) Apple and its subsidiaries are third-party beneficiaries of these Terms; upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary.
18. Miscellaneous
If any provision is held invalid, the rest remains in effect. Our failure to enforce a right is not a waiver. You may not assign your rights under these Terms without our prior consent; we may assign them to an entity that takes over the Service, with the safeguards of the Privacy Policy, and will notify you. If the Turkish and English versions conflict, the Turkish version prevails for users in Türkiye.