1.1 "Orvind", "we", "us", or "our" means Orvind AS, Ankara, Türkiye, the operator of the Orvind platform.
1.2 "Platform" means the Orvind web application accessible at app.orvind.com, including all features, tools, APIs, and services provided therein.
1.3 "User" or "you" means the individual or legal entity that has registered an account on the Platform.
1.4 "Content" means any data, files, images, videos, game assets, campaign configurations, or other materials uploaded or created by you on the Platform.
1.5 "Campaign" means a playable ad campaign project created and managed by you through the Platform.
2.1 To use the Platform you must create an account by providing accurate and complete information including your full name, email address, and company name. You are responsible for keeping this information up to date.
2.2 You must be at least 18 years of age and have the authority to enter into these Terms on behalf of yourself or any entity you represent.
2.3 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at hello@orvind.com if you suspect unauthorised access.
2.4 We reserve the right to refuse registration or suspend accounts at our sole discretion.
3.1 Subject to these Terms, Orvind grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform solely for creating and managing playable ad campaigns for your own business purposes.
3.2 You may not:
4.1 You retain full ownership of all Content you upload to the Platform. Orvind does not claim any intellectual property rights over your Content.
4.2 By uploading Content, you grant Orvind a limited, non-exclusive, royalty-free licence to store, process, and render your Content solely for the purpose of providing the Platform's services to you.
4.3 You represent and warrant that you own or have all necessary rights to upload the Content, and that your Content does not violate these Terms or any applicable law.
4.4 You are solely responsible for the legality, accuracy, and appropriateness of your Content. Orvind is not responsible for any Content uploaded by users.
4.5 When you delete a Campaign or your account, all associated Content (including uploaded files) is permanently deleted from our systems within the timeframes set out in our Privacy Policy.
5.1 Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.
5.2 If you use the Platform to process personal data of third parties (for example, end-user engagement data from your campaigns), you are the data controller of that data and are responsible for ensuring a lawful basis for such processing. Orvind acts as a data processor in this context and processes such data only on your instructions.
5.3 Upon request, Orvind will enter into a Data Processing Agreement (DPA) with you to the extent required by applicable data protection law. Contact us at hello@orvind.com.
6.1 The Platform, including its software, design, logos, trademarks, and all Orvind-created content, is the exclusive intellectual property of Orvind AS and is protected by applicable intellectual property laws.
6.2 Nothing in these Terms transfers any ownership of Orvind's intellectual property to you. You may not use Orvind's trademarks or branding without our prior written consent.
6.3 Any feedback, suggestions, or ideas you provide to us about the Platform may be used by Orvind without restriction or compensation.
7.1 We strive to maintain Platform availability but do not guarantee uninterrupted, error-free access. We may perform maintenance, updates, or modifications at any time, with or without notice.
7.2 We reserve the right to add, modify, or discontinue any feature or aspect of the Platform at our sole discretion.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORVIND DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT RESULTS OBTAINED FROM THE PLATFORM WILL BE ACCURATE OR RELIABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORVIND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORVIND'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO ORVIND IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).
You agree to indemnify, defend, and hold harmless Orvind and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your Content; (c) your breach of these Terms; or (d) your violation of any applicable law or third-party rights.
11.1 You may close your account at any time by contacting us at hello@orvind.com or using the account deletion feature in the Platform. Your data will be permanently deleted within 7 days of the request, in accordance with our Privacy Policy.
11.2 We may suspend or terminate your account immediately if we have reason to believe you have violated these Terms, engaged in fraudulent activity, or pose a security risk to the Platform or other users.
11.3 Upon termination for any reason, your right to access the Platform ceases immediately. Sections 4, 6, 8, 9, 10, and 13 shall survive termination.
12.1 We may update these Terms from time to time. When we make material changes, we will notify you by email or via a notice on the Platform at least 14 days before the changes take effect.
12.2 Continued use of the Platform after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Platform and may close your account.
13.1 These Terms are governed by applicable law. We will always endeavour to resolve disputes amicably. For users in the European Union, mandatory consumer protection provisions of your country of residence apply.
13.2 For any dispute, controversy, or claim arising from these Terms or the Platform, please first contact us at hello@orvind.com to seek an informal resolution before initiating any formal proceedings.
14.1 Entire Agreement. These Terms, together with the Privacy Policy and any applicable additional agreements (such as the Unity Recorder EULA), constitute the entire agreement between you and Orvind regarding your use of the Platform.
14.2 Severability. If any provision is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary and the remaining provisions shall remain in full force.
14.3 No Waiver. Failure to enforce any right or provision does not constitute a waiver of that right or provision.
14.4 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
14.5 Contact. For questions regarding these Terms, contact us at hello@orvind.com.