Hamla Teknoloji A.Ş. (Oarca) Terms and Conditions

Last Updated: 27 June 2025

Definitions

"Services" refers to the Oarca mobile application and all related features, tools, content, and updates provided by Hamla Teknoloji A.Ş., including but not limited to coaching features, training plans, team management tools, data analytics, and third-party integrations. "User Content" means any content uploaded, submitted, or transmitted by users, including workout data, images, messages, and other materials. "Subscription" refers to any paid plan or service offered on a recurring or one-time basis. "Verified Athlete" means users granted a verified status by Oarca, subject to eligibility and platform discretion. "Third-Party Services" means services not owned or operated by Oarca, including but not limited to payment providers, analytics tools, and wearable integrations. "Coach Account" means an account type that enables users to create, manage, and monitor team training programs and athlete performance. "Federation Partner" refers to a national or regional governing sports federation with which Oarca may collaborate or license services under separate agreements.

1. Platform and Access

Introduction

These Terms apply to all individuals who access or use the Oarca mobile application and its related platforms, whether via iOS, Android, or a web browser. Oarca is developed, owned, and operated by Hamla Teknoloji A.Ş., headquartered at İTÜ Arı Teknokent 3 Building, Istanbul, Türkiye. Throughout these Terms, references to “Oarca,” “we,” “our,” and “us” refer to Hamla Teknoloji A.Ş. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms, you may not use the Services.

General Overview

Oarca is a digital sports performance and coaching platform designed to deliver personalized training programs, real-time performance tracking, and data analysis tools for both individual athletes and organized teams. The platform is intended for users aged 13 and older. We reserve the right to suspend, limit, or modify the Services at any time to ensure legal compliance, system integrity, and user safety. These actions may occur without prior notice.

App Functionality and Updates

We routinely release updates to the Oarca application in order to improve performance, address bugs, and introduce new features. You are responsible for installing the latest available version to maintain access to the Services. Oarca operates via an active internet connection and may not function optimally without one. We are not responsible for disruptions caused by lack of connectivity or incompatibility with your device. Integration with third-party devices and services (such as wearables or health APIs) is offered as a convenience and may be changed or discontinued at any time without notice.

Third-Party Platform Rules

You are also required to comply with the terms and conditions of third-party platforms, such as the Apple App Store and Google Play Store, through which the Oarca app is distributed. These platforms are not responsible for the operation, support, or legal obligations of the Oarca application. By downloading the app from these platforms, you acknowledge that it is licensed by Hamla Teknoloji A.Ş. and not by Apple or Google.

If you are under the age of 18, you may only use the Services under the supervision of a parent or legal guardian, who must agree to these Terms on your behalf. For users under the age of 13, explicit parental consent may be required depending on your country of residence. Oarca does not knowingly collect data from users under 13. Where required by applicable law, verifiable parental consent must be obtained before account creation.  

2. Health and Professional Use

Not Medical or Professional Advice

Oarca is a fitness and performance-focused platform that provides users with general insights and coaching suggestions derived from their activity data. These insights do not constitute professional, nutritional, psychological, or therapeutic advice. You must consult a licensed healthcare professional before making any health-related decisions or addressing medical concerns. Oarca does not create or imply a doctor-patient or therapist-client relationship by offering any of its Services.

Access to Support and Coaching

Some service plans may include access to communication features that allow you to message our support or coaching team. We reserve the right to moderate or limit communication if it is deemed excessive, harassing, abusive, or otherwise inappropriate. Misuse of these features may result in suspension of messaging privileges or access to coaching. Response times may vary depending on staff availability and the nature of the inquiry.

3. User Responsibilities

Acceptable Use and License Restrictions

By using Oarca, you are granted a limited, non-transferable, non-exclusive license to access and utilize the Services for personal, non-commercial use. You are strictly prohibited from:

• Reverse engineering, decompiling, modifying, or tampering with the app;

• Copying, distributing, or reproducing any portion of the Services without authorization;

• Using automated tools such as bots, scrapers, or scripts to access or interfere with the platform;

• Infringing upon any intellectual property rights, including misuse of the Oarca name, logo, or branding;

• Compromising platform security, exploiting vulnerabilities, or attempting unauthorized data access.

Violations of this section may result in account suspension, termination, or legal action.

User Interaction

Certain features of the platform may allow users to interact, such as sharing workouts or posting comments. These features must be used respectfully and in accordance with our community standards. Oarca does not monitor all user-generated content but reserves the right to remove, restrict, or report any submissions that violate our Terms or applicable laws. Users are solely responsible for the content they contribute. Oarca will act expeditiously to remove any content reported as unlawful, harmful, or violating these Terms, in accordance with applicable intermediary liability laws.

Content and Conduct Restrictions

You are expected to maintain a standard of conduct consistent with our Acceptable Use Policy. Content that is offensive, illegal, harmful, misleading, or otherwise inappropriate may be removed by Oarca without notice. Users may encounter objectionable material despite moderation efforts, and by using the Services, you acknowledge and accept this risk.

Interactions with Users

Oarca is a neutral platform that connects users but does not verify user identities or qualifications. It is your responsibility to exercise caution and sound judgment when engaging with others on the platform. If you use features that involve sharing personal information (such as GPS location or contact details), you must ensure that you have the right to share such data. You agree that Oarca may process shared information in accordance with our Privacy Policy.

4. Payments and Subscriptions

Oarca Online Store

Oarca may offer merchandise, apparel, accessories, or gift cards for purchase through a digital storefront. These transactions are subject to additional terms and conditions. Products may be shipped from within Türkiye, and you are solely responsible for any local customs duties, import taxes, or return shipping fees that may apply in your jurisdiction. Items must be returned in their original, unused condition to be eligible for an exchange or refund, if permitted. For questions or concerns related to store orders, please contact us at: info@hamlateknoloji.com.

Subscription Terms & Cooling-Off Period

Oarca offers various subscription models, including but not limited to monthly, annual, or specially bundled packages. If you reside in a region with statutory "cooling-off" periods (such as within the EU), you may be entitled to a full refund within 14 days of purchase—provided that you have not yet accessed or activated any premium features. Refunds may be granted under mandatory consumer protection laws. We will comply with statutory cooling-off rights where applicable. Before subscribing, it is your responsibility to review the subscription terms, pricing, and renewal details associated with your chosen plan.

Referral Codes

To encourage platform adoption, Oarca may occasionally distribute referral codes that offer promotional incentives such as free trials or discounts. These codes are typically time-limited, non-transferable, and may only be used by new users unless stated otherwise. We reserve the right to modify, revoke, or suspend referral codes at any time and for any reason, without liability or compensation.

Payment and Refunds

If you subscribe to Oarca via the Apple App Store or Google Play Store, all billing, renewals, and cancellation processes are managed by the respective platform. Oarca does not have access to your payment information on these platforms and cannot issue refunds directly. You are responsible for disabling auto-renewal before your next billing cycle to avoid being charged.

For purchases made via Oarca’s website (e.g., promotional bundles or one-time gift card purchases), these are typically non-renewing unless otherwise stated at the time of purchase. Refunds for these transactions are only granted if Oarca terminates your subscription without cause. We do not issue refunds for voluntary cancellations or if your account is suspended due to violation of these Terms. In jurisdictions where statutory refund rights apply, local consumer protection laws take precedence over this clause. For voluntary cancellations, no refund is provided unless required by applicable consumer protection laws.

All payments processed via third-party providers (e.g., Stripe, iyzico) are subject to their respective terms of service and privacy policies. Oarca does not store or process your payment information directly and shall not be liable for any issues arising from such third-party services.

5. User Content and Privacy

Content Ownership and Licensing

All content that you upload, transmit, or submit through the Oarca platform—including but not limited to workout data, text entries, photos, GPS paths, and performance metrics—remains your intellectual property. However, by sharing such content through the platform, you grant Oarca a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to store, use, display, reproduce, and distribute this content as necessary to operate and enhance the platform. You may delete your content at any time, except in cases where Oarca is required to retain it for legal, security, or operational reasons.

Proprietary Rights

All features of the Oarca platform—including software, visual design, underlying algorithms, and data aggregation tools—are protected under applicable intellectual property laws and international treaties. You are granted a revocable, limited license to access and use the Services for personal, non-commercial purposes. You may not copy, distribute, sell, reverse engineer, or otherwise exploit any part of the Services for unauthorized use. All brand materials, including the Oarca name, logos, icons, and associated intellectual property, are the exclusive property of Hamla Teknoloji A.Ş. and may not be used without express written permission.

Ownership and Use of Content

In addition to the above, by using the Services, you confirm that you own or have the right to use any content you provide. You further acknowledge and agree that:

• Oarca may use your content (including your name, username, and profile photo) in connection with platform features such as leaderboards, recommendations, social feeds, or promotional campaigns—unless you opt out through your account settings.

• If you mark certain content as private, Oarca will treat it accordingly and restrict its visibility to you or authorized viewers.

• You are solely responsible for the accuracy, lawfulness, and appropriateness of your content. Oarca assumes no responsibility for monitoring or validating user content.

You may not use the platform to share content that infringes on third-party rights, and you agree to indemnify Oarca against any claims arising from such violations.

KVKK and GDPR Compliance

For users located in Türkiye, personal data is processed in accordance with the Law No. 6698 on the Protection of Personal Data (KVKK). As the data controller, Hamla Teknoloji A.Ş. ensures that all personal data is collected, stored, and processed lawfully, fairly, and transparently. This includes adherence to the principles of data minimization, purpose limitation, accuracy, and data security. Users have the right to access their personal data, request corrections, object to certain processing activities, and request deletion of their data where applicable under Article 11 of the KVKK. Inquiries and requests can be directed to our data protection contact at: info@hamlateknoloji.com.

For users located in the European Union, the processing of personal data is governed by the General Data Protection Regulation (GDPR). Under GDPR, users have rights including (but not limited to): the right to be informed, the right of access, the right to rectification, the right to erasure (‘right to be forgotten’), the right to restrict processing, the right to data portability, and the right to object. Our lawful bases for processing personal data may include consent, contract performance, legal obligations, and legitimate interest, as defined under Article 6 of the GDPR. Any cross-border data transfers outside the EU are safeguarded through mechanisms such as Standard Contractual Clauses or other lawful transfer tools recognized under GDPRF7. These safeguards ensure that your data receives an adequate level of protection, even when processed outside the European Economic Area (EEA). 

Users located in the European Union may request a copy of their personal data in a structured, commonly used, and machine-readable format. We will provide this data within 30 days of verified request unless legal or security restrictions apply.

Some features may use automated decision-making or artificial intelligence to provide performance feedback, such as suggested training intensity, stroke rate detection, or session analysis. These systems do not make legal or contractual decisions. Where applicable, users may request human intervention or opt-out of AI-driven suggestions by contacting our support team. You may request human review of any automated recommendation affecting your training program. AI feedback is suggestive only and shall not be interpreted as a definitive assessment or prescription. No AI-generated recommendations shall be interpreted as definitive medical or health advice. You may request human review or opt out of such features at any time.

We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction. Users may exercise their rights or file complaints through our contact address or with the relevant data protection authority in their jurisdiction. 

In cases where explicit consent is legally required (such as processing sensitive health data or sharing data with federations), we will request your prior and separate consent. You may withdraw your consent at any time through your account settings or by contacting us. Oarca will not use your profile picture, name, or likeness for promotional purposes without your prior, explicit consent, where required by applicable data protection laws. If you believe that your intellectual property rights have been infringed through content posted on the platform, please notify us at info@hamlateknoloji.com with detailed information and supporting documents.

6. Device and Integration

Device and Third-Party Integration

Oarca is designed to work seamlessly with a variety of third-party health and fitness platforms such as Apple Health, Google Fit, and wearable devices including smartwatches and fitness trackers. When you connect such services to your Oarca account, you authorize Oarca to access and synchronize data such as heart rate, step count, GPS coordinates, or other relevant metrics as permitted under the external service's terms and privacy settings.

You may revoke integration access at any time through your device settings or within the connected platform. However, please note that disabling integration may limit or disable some Oarca features that rely on real-time or historical data. Oarca does not take responsibility for inaccuracies or availability issues caused by third-party services.

7. Account Management

Termination and Suspension

Oarca reserves the right to suspend, restrict, or permanently terminate your access to the Services at any time, for any reason, including but not limited to violations of these Terms, non-compliance with applicable laws, or behavior deemed harmful to the platform or its users. Termination may occur with or without notice depending on the severity of the violation. Once your access is terminated, you will no longer be able to use the Services, and any stored data associated with your account will be handled in accordance with our Privacy Policy, available within the app settings and on our website. 

If you violate any provision of these Terms, Oarca may immediately terminate or suspend your account without refund or liability. You may also voluntarily cancel your account at any time via the app’s account settings or by submitting a written request to our support team. Account cancellations are effective upon confirmation and do not entitle the user to a refund for any remaining subscription period unless otherwise stated. For users located in the European Union, termination is subject to applicable consumer protection laws.

Termination (General)

Account suspension or deletion may also result from prolonged inactivity, suspected misuse, or fraudulent behavior. Upon termination—whether initiated by the user or by Oarca—certain provisions will remain in effect, including but not limited to disclaimers, indemnification clauses, and the sections concerning governing law and dispute resolution.

8. Legal Terms

Disclaimers and Limitation of Liability

The Oarca platform and all related services are provided “as is” and “as available” without any warranties, either expressed or implied. We do not guarantee any specific outcomes, improvements, or uninterrupted access to the Services. You acknowledge that athletic and outdoor activity inherently involves risk, and you assume full responsibility for any physical injuries, health complications, or losses sustained while using the app. To the maximum extent permitted by law, Oarca’s total liability is limited to the greater of ₺1000 or the amount paid by you for the Services in the previous 12 months. We will provide at least 7 days’ notice before implementing material changes, unless immediate changes are required for legal or security reasons.

Indemnification

You agree to indemnify, defend, and hold harmless Hamla Teknoloji A.Ş., its subsidiaries, affiliates, officers, and employees from and against any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising out of or in connection with your use of the Services, your breach of these Terms, or any content you upload that violates applicable laws or third-party rights.

Changes to These Terms

We reserve the right to modify or update these Terms at any time. Any significant changes will be communicated through in-app notifications, emails, or updates to this document. Your continued use of the Services following the publication of revised Terms constitutes your acceptance of those changes.

Legal Compliance and Export Restrictions

By accessing or using Oarca, you represent and warrant that you are not subject to any trade restrictions, export bans, or sanctions under the laws of Türkiye, the United States, or any other applicable jurisdiction. You agree to comply with all local and international laws governing your use of the platform.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Türkiye. Any disputes arising out of or in connection with these Terms shall fall under the exclusive jurisdiction of the courts located in Istanbul, specifically the Çağlayan Courthouse. Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiations or mediation. This clause does not override mandatory jurisdiction rights granted under consumer protection laws in your country of residence.

Class Action Waiver and Arbitration

You and Oarca agree to resolve any disputes individually. You waive the right to participate in class actions, consolidated proceedings, or representative lawsuits. If this provision is found to be unenforceable, the remainder of the arbitration agreement shall remain valid unless otherwise specified.

Exception—Small Claims Court

Either you or Oarca may bring a qualifying dispute to small claims court, provided that the claim meets the court’s jurisdictional limits. This exception does not invalidate the arbitration or class action waiver provisions for other types of claims.

Thirty-Day Right to Opt Out

You may opt out of the arbitration and class-action waiver clauses by sending a written request to:

Hamla Teknoloji A.Ş.,

Reşitpaşa Mahallesi, Katar Caddesi,

İTÜ Arı Teknokent 3 Binası, Kapı No: 4, Daire No: B204,

Sarıyer, İstanbul, Türkiye.

Your request must be received within thirty (30) days of your initial account registration.

Time Limitation on Claims

Unless prohibited by applicable law, any claim or cause of action arising from or related to your use of the Services must be filed within one (1) year after the event giving rise to the claim. Otherwise, it will be permanently barred.

International Users

If you are accessing Oarca from outside Türkiye, you do so at your own risk and are responsible for complying with all applicable local laws and regulations. Users located in the European Union may have additional rights under local consumer protection laws and may pursue legal claims in their country of residence, where permitted by law. For users located in California, personal information is processed in accordance with the California Consumer Privacy Act (CCPA), where applicable.

General Terms

These Terms represent the complete and exclusive agreement between you and Oarca, superseding all previous agreements or understandings. If any part of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision shall not constitute a waiver of that provision or any other. Oarca may transfer or assign its rights and obligations under these Terms without prior notice.

Modification of Services and Terms

Oarca reserves the right to update, discontinue, or modify any part of the Services or these Terms at its discretion. Material changes will be communicated via the app or by email. Continued use of the platform after such modifications constitutes your acceptance of the updated Terms and/or features.

Force Majeure

Oarca shall not be held liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, governmental actions, war, terrorism, pandemics, labor disputes, or service outages caused by third-party providers.

Platform Maintenance and Downtime

Oarca may perform scheduled or unscheduled maintenance, updates, or infrastructure improvements, which may result in temporary unavailability of the Services. While we strive to minimize disruptions, we are not liable for any damages or losses arising from such downtime.

9. Special User Groups

Professional and Verified Athletes

Oarca may offer verified status to select professional athletes. Verified users may be identified by a special badge and may receive additional platform features, early access, or complimentary subscriptions. Verification is granted at Oarca’s sole discretion and may be revoked at any time for violations of the Terms, misuse of the badge, or changes in eligibility status. Verified users remain subject to all other Terms and Community Guidelines.

Clubs

Users may create or join clubs on the Oarca platform to foster group training, events, or community engagement. All clubs and their content must comply with Oarca’s Terms of Use and must not infringe on intellectual property rights, impersonate official organizations, or violate local laws. Oarca reserves the right to:

• Verify or moderate club names, branding, or content;

• Remove or suspend clubs that violate rules;

• Transfer club ownership in disputes or inactivity cases;

• Request documentation or identification from club administrators.

Coaches and Team Plans

Oarca offers specialized features for coaches to manage teams, create structured group workouts, monitor athlete metrics, and assign roles or devices. Coach accounts may be subject to additional verification and require consent from athletes for data visibility. Coaches must comply with local regulations related to youth or minor athletes. Coaches must obtain verified consent from underage athletes or their legal guardians before accessing or processing personal or health-related data

Federation Collaborations

Oarca may engage in partnerships with national or international sports federations to provide training infrastructure, data monitoring tools, or integration with official competition systems. These relationships will be governed by separate partnership agreements and may include data sharing protocols or feature customizations specific to that federation’s needs.

Where federation accounts are used to monitor athlete performance, only anonymized or aggregated data will be shared unless the athlete or their legal guardian provides explicit consent. Oarca does not disclose identifiable data to federations without proper legal basis or user authorization.

For users under the age of 18, especially in team environments, the processing of personal data—including health and performance metrics—requires verified parental or legal guardian consent, in accordance with applicable data protection laws.

10. Third-Party Content

Third Parties

Oarca may feature, link to, or integrate with third-party websites, platforms, services, or content providers. These external services may include—without limitation—payment processors, analytics tools, fitness-related platforms, or social media services.

While we may provide access to or visibility of such third-party content for your convenience, Oarca does not own, operate, control, or endorse these services unless explicitly stated. We are not responsible for:

• The accuracy, reliability, or legality of third-party content;

• Any personal data you choose to share with them;

• Your interactions, purchases, or disputes with third-party providers.

Your use of any third-party service linked through Oarca is solely at your own risk and subject to the terms and privacy policies of those third parties. We encourage you to carefully review their terms before engaging.

11. Data Retention Policy

Your personal data and user-generated content will be retained as long as your account remains active. If you choose to delete your account, we will begin the data deletion process immediately. All personal data and identifiable content will be permanently erased within 90 days of account deletion, unless: • Retention is required by law, court order, or regulatory obligations; • The data is necessary to resolve disputes or enforce our legal agreements; • It is part of anonymized usage statistics maintained for internal performance or research purposes. Backup systems may retain fragments of data for up to 180 days, but they will no longer be linked to any identifiable individual.Upon verified request, personal data will be deleted within 30 days unless retention is required by law or for dispute resolution.

12. Feedback and Suggestions

We welcome user suggestions, ideas, or feedback about features, performance, or improvement of the Services. However, unless otherwise agreed in writing: • Any feedback you provide is considered non-confidential and non-proprietary; • Oarca has no obligation to compensate you or acknowledge the origin of the idea; • We may freely use, adapt, modify, or implement feedback in any product or service without restriction. You may submit proprietary feedback under a separate NDA upon request. By submitting feedback, you grant Oarca an irrevocable, royalty-free, perpetual, and worldwide license to use it.

13. Beta Features Disclaimer

From time to time, Oarca may offer experimental or beta features for testing purposes. These features: • Are offered on an "as-is" and "as-available" basis; • May be incomplete, contain bugs, or change without notice; • Are not covered by service level guarantees or support commitments. Use of beta features is voluntary and entirely at your own risk. Feedback from beta usage may be collected to improve the feature before full release. Oarca disclaims any liability arising from the use of beta features, including but not limited to data inaccuracies, performance anomalies, or user injuries. Beta features must not be used for making health, safety, or medical decisions. They are experimental and not validated for accuracy. You agree to hold Oarca harmless for any damage, loss, or injury resulting from the use of beta features.

14. Communication and Support

Electronic Communications

By using Oarca, you consent to receive communications from us electronically. These communications may include:

• Legal notices;

• Account-related messages;

• Service updates;

• Transaction confirmations;

• Promotional or feature-related emails (where permitted by law).

Communications may be delivered through various channels, including email, push notifications, or in-app messaging. You may manage your notification preferences within your account settings, but some essential communications (e.g., legal updates or critical service announcements) may be mandatory and cannot be opted out of.

Contact Us

If you have questions, concerns, or feedback related to these Terms, our Services, or your personal data, you can contact us at:

Hamla Teknoloji A.Ş.

Reşitpaşa Mahallesi, Katar Caddesi,

İTÜ Arı Teknokent 3 Binası,Kapı No: 4, Daire No: B204,

Sarıyer, İstanbul, Türkiye

📧 info@hamlateknoloji.com