Last Updated: November 6, 2024
This Terms of Service document, along with its Conditions of Use, governs the application and services provided under the Mona brand, which is operated by DynApps Bilisim Hizmetleri ve Ticaret Limited Sirketi. Herein, references to “DynApps Bilisim Hizmetleri ve Ticaret Limited Sirketi,” “Mona”, “Dynapps”, “monaforfamily.com”, “we”, “us,”, “our” or “the company” denote the entity responsible for the Service. This Agreement applies to all individuals and entities, collectively identified as “Users,” who access or use our Service. By choosing to access and utilize the Service, you acknowledge that you have reviewed, understood, and agree to be bound by the provisions outlined in this Agreement. Should you be acting on behalf of another individual or entity, you confirm that you hold the legal authority to bind that party to the terms of this Agreement.
Your use of the Services is governed by this document and the Privacy Policy, which is hereby included by reference. Additionally, should Mona employ any third-party tools or services as part of the Service, your use of these features is also subject to the terms provided by the relevant third-party providers.
This application is offered as a licensed service for use on mobile devices, and is provided to you under a license rather than as a sale. Unless accompanied by a separate license agreement, this document alone will govern the terms of your use. We reserve all rights not explicitly granted within this Agreement.
Please read this document in full before downloading, installing, or using the app.
IMPORTANT NOTICE: THIS DOCUMENT INCLUDES A CLAUSE REQUIRING ARBITRATION OF DISPUTES. BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT PROCEEDINGS OR CLASS ACTIONS, EXCEPT WHERE RESTRICTED BY APPLICABLE LAW.
1. Introduction
The Service is a tool operated by Mona which provides you, as the Subscriber’s parent or legal guardian (“Parent”, “you”, “your”) with online notification alerts for screen time.
With this application, you, as a parent, can only track your child's mobile phone number. Before tracking the mobile number, an SMS verification code will be sent to that phone number. (Every 6 months we will ask for SMS verification from your child's phone number.) If you do not enter this code, you will not be able to use the application as it will be considered that you do not have the authorization for that phone.
All subscription and access charges for the Subscription Features are payable in advance. Company is not responsible for any charges or expenses you incur resulting from charges billed by Company in accordance with this Agreement (e.g., overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features (e.g., some PayPal accounts, or in-app payments such as from third parties like Apple or Google), you authorize Company to continue charging the payment method for all charges due Company, including taxes, until your account is settled and your subscription is terminated by either you or Company. Company reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.
Company accepts in-app payments and subscriptions from third parties like Apple or Google. The Service is offered on an in-app payments and subscription basis only. On behalf of the Subscriber, you may choose a weekly, monthly, quarterly, annual subscription. Example: If you choose the weekly subscription, a weekly subscription fee is charged each week to a credit card or payment account registered with Mona. If you choose the monthly subscription, a monthly subscription fee is charged each month to a credit card or payment account registered with Mona.
The fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, accessible by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. Mona may invoice You for Taxes it is required to withhold and You will pay that amount unless You provide Mona with a valid tax exemption certificate authorized by the appropriate taxing authority.
Subscriptions are either week-to-week(for the weekly subscription) and automatically renew at the end of each week for the next succeeding week, or month-to-month (for the monthly subscription) and automatically renew at the end of each month for the next succeeding month, unless you cancel the subscription on behalf of the Subscriber. To cancel the subscription at any time, please navigate to the “Account” page on your mobile phone, and follow iOS or Android guides. Upon cancellation, the Service for all Subscribers will terminate immediately and Mona will cease any further review of the relevant Covered Account(s). No refunds are provided.
Prices for Subscription Features may change from time to time, in Company’s sole discretion. If they do, and you currently have Subscription Features, Company will provide you with notice of the change through the Service or in email to you, at Company’s option or as required by applicable law, at least thirty (30) days before the change is to take effect. Your continued use of the Subscription Features after price changes become effective constitutes your agreement to pay the changed amount. If you do not agree to the new prices, please follow the instructions in the “Cancel Subscription Features or Close Your Account” section below. Also Google and Apple can send the notification to you to accept the price change. If you accept it from your mobile phone, the price can change.
You may cancel your account at any time; however, except where prohibited by applicable law there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon canceling any Subscription Features, your subscription will be valid until your then-current paid period is completed. For clarity, if you purchase a monthly subscription and cancel it two weeks into the month, you will not receive a refund for the remaining portion of the year, but will instead enjoy the Subscription Features for the remaining two weeks that you have already paid for. Google (Play Store) and Apple (App Store) may offer refunds from their website or mobile app settings.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect Mona such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
In order to subscribe to the Service a Subscriber must be represented by his/her parent or legal guardian who must be 18 years or older, and who will subscribe for the Service on the Subscriber’s behalf.
You may register only your own child or children and/or legal Dependent(s) to be monitored under such Dependent’s subscription to the Service. You hereby represent and warrant that you are the parent or legal guardian of the Subscriber specified for any Covered Account to be monitored by the Service. If your child is 16 or older and you are not the child’s legal guardian by reason of disability, you may be permitted to subscribe for the Service on behalf of your Subscriber to be monitored under the subscription to the Service provided: (i) you have obtained his/her prior, written consent to do so, (ii) you notify Mona of such request in accordance with the notice provision herein, and (iii) you obtain Mona’s prior written approval for the continuation of such subscription, signed by a duly authorized officer of Mona. You acknowledge and agree that your indemnity obligations under Section 11 hereof will apply to your and each Subscriber’s use of the Services to monitor information in violation of this Section 3.b.
Upon registration, you must (1) identify each Subscriber to be monitored by the Service and (2) provide some location information. You must also provide the name of the third-party service. In respect of his/her Covered Account, the Subscriber expressly authorizes Mona and its Service Providers (as defined in Section 12 below) without further notice to the Subscriber or any party to the communication, to (i) access, monitor, review, and store online interactions to and from the Covered Account and (ii) compile and transmit alerts to the Parent as contemplated in Sections 1, 6 and 7. Use of the Service is limited to the United States and those other countries and/or territories identified below. Any use of the Services outside of such countries and/or territories is strictly prohibited.
The Subscriber expressly acknowledges that most third-party platforms are restricted to individuals who are 13 or older, and that, as between the Subscriber and Mona, compliance with any such age requirement is the Subscriber’s sole responsibility.
A. Information Acquired During the registration process for the Service, Mona collects specific data related to the Subscriber, such as the child’s phone number associated with a Covered Account. As the Service is used, Mona will monitor and collect data regarding screen time activity on this Covered Account.
B. Consent to Data Collection and Monitoring By proceeding with the Service, you and the Subscriber grant explicit consent to Mona’s collection, review, and monitoring of any data associated with the Subscriber’s Covered Account. This may include online interactions and communication details, which will be reviewed to fulfill the intended Service.
Questions about Mona’s policies or use of information from children under the age of 13 can be directed to DynApps Bilisim Hizmetleri ve Ticaret Limited Sirketi at mona@troophy.zendesk.com. You may terminate Mona’s access, monitoring, collection and/or review of any Covered Account by terminating the Subscriber’s subscription by opening settings "Subscriptions" on your store settings. The Site and Services do not offer any in-application purchases to children under the age of 13.
At the time of registration of the first Family Subscriber, you authorize Mona to charge your Payment Mechanism with the amount of the subscription fee on a monthly basis (or annual basis, as determined by the payment plan selected) until the subscription is canceled in respect of all Family Subscribers.
You can terminate your membership at any time, by verbal or written notification to our Company through the above-mentioned communication channels, without giving any reason and without paying any penalty; Likewise, our Company may terminate/suspend memberships for various reasons.
Mona will endeavor to send alerts by push notification to your mobile device(s) (if properly configured). You are required to maintain your notifications on and bear all risks associated with providing Mona with inoperable or incorrect contact information.
You undertake to permanently and irretrievably request that Mona delete any alert containing personal information about any third party, immediately (or as soon as reasonably possible, time being of the essence) upon receipt thereof. You furthermore undertake not to (i) use such personal information for any unlawful purpose whatsoever or (ii) contact or otherwise communicate or attempt to communicate with any third party, including the third party to whom such personal information relates, regarding the content of such alert.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Mona DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Mona MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(c) Mona DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. Mona IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF Mona.
Mona may modify these Terms from time to time. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to use of the Services. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms, we will post the revised Terms and the revised effective date on this Site, and may notify you of such changes by displaying a notice (or link thereto) on the Site or otherwise. By using the Service following any modifications to these Terms, you and the Subscriber agree to be bound by such modifications.
(a) Mona (or our licensor) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of all content and/or information provided to you through or on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant you a license to any content, features or materials you may access through or on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens of the Site for any purpose except as otherwise provided by us.
(b) If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
(c) The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
(d) Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Mona or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
(e) The Mona logos and service names are trademarks of Mona (the “Mona”). Without our prior permission, you agree not to display or use Mona Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Mona Mark without our prior written consent.
By using the Service, you agree to defend, indemnify, and hold harmless the Company, as well as its subsidiaries, licensors, officers, directors, employees, contractors, and affiliates, from any and all claims, damages, liabilities, and expenses (including legal fees) arising from or in connection with: (i) your use or misuse of the Service, (ii) any breach of these Terms, (iii) any infringement of third-party rights, or (iv) any violations of applicable laws.
UNDER NO CIRCUMSTANCES SHALL DYNAPPS, ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFITS, DATA LOSS, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF SUCH POSSIBILITIES. IN JURISDICTIONS WHERE LIABILITY LIMITATIONS ARE NOT ALLOWED, SUCH LIMITATIONS MAY NOT APPLY TO YOU.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the App. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
A. Governing Law This Agreement and your use of the Service are governed by the laws of the State of Istanbul, Turkey, excluding its conflicts-of-law rules. You agree that any disputes shall be resolved within the jurisdiction of the courts in Istanbul Anadolu Mahkemeleri, Turkey.
B. Arbitration Agreement Any disputes or claims arising out of or relating to this Agreement will be resolved by binding arbitration administered by the Turkish Arbitration Association in accordance with its Commercial Arbitration Rules. Arbitration will occur solely on an individual basis, prohibiting class actions or representative proceedings. The arbitral tribunal may not consolidate more than one person’s claims.
If you and/or the Subscriber(s) reside in the Republic of Türkiye, Istanbul Anadolu Mahkemeleri, the additional terms applicable to Turkey ("Republic of Türkiye, Istanbul Anadolu Mahkemeleri") shall apply to you and the Subscriber. The Republic of Türkiye, Istanbul Anadolu Mahkemeleri may amend or replace certain provisions contained in these Terms in case of any conflict or inconsistency, and shall be considered as an integral part of these Terms.
16.A.1 Definitions.
Unless the context clearly indicates otherwise, in these Istanbul Anadolu Mahkemeleri, in Türkiye terms the following expressions shall have the meanings given to them hereunder and similar or equivalent expressions shall have corresponding meanings:
The reason for Mona requiring access to the Parent’s and Subscriber’s Personal Information is to enable it and its Service Providers to:
verify the identity of the Parent and the Subscriber;
conclude a tripartite contract with the Parent and the Subscriber, fulfill its obligations and exercise its rights in terms thereof, including but limited to, the functions of:
monitoring the Subscriber’s online activity for the purpose of compiling and providing the Parent with push alerts Mona potential online dangers (such as cyberbullying) or potential signs of trouble (such as depression) are identified in email or text messages and/or interactions with designated social media sites or websites involving the Subscriber; and
administering and billing required in terms of the Istanbul Anadolu Mahkemeleri, in Türkiye terms;
comply with the applicable legislation in the Istanbul Anadolu Mahkemeleri, in Türkiye and
keep records and to report to regulatory authorities in accordance with applicable laws in the Istanbul Anadolu Mahkemeleri, in Türkiye.
All Personal Information which the Parent and the Subscriber provide to Mona will be held and/ or stored in a secure manner for the purpose of enabling Mona to deliver the Service to the Subscriber in accordance with the Mona Terms.
The Subscriber’s Personal Information will be stored electronically in a database. To improve the overall quality of the Service and support thereof, the aforementioned database will be accessible to Mona’s appointed Service Providers.
Where appropriate or required by law, certain Personal Information may be retained in hard copy. Storage will be secured and audited regularly to ensure the safety and the security of the information stored therein.
Once the Parent’s and/or the Subscriber’s Personal Information is no longer required, it will be safely and securely archived for the minimum period permissible by law. Thereafter, all such Personal Information will be permanently deleted or destroyed.
The Parent (on his/her own behalf and on behalf of each Subscriber) declare that:
all Personal Information supplied to Mona, for the purposes of enabling it to provide the Service to the Subscriber, and related legal and operational reasons is accurate, up-to-date, and comprehensive;
he/she shall immediately advise Mona of any changes to his/her Personal Information as and Mona this occurs;
he/she has the right to object to the Processing of his/her Personal Information as detailed in Sectionb)vii);
he/she has a right to access his/her Personal Information by giving notice to Mona, as detailed in Sectionb)viii) and to have any errors in such Personal Information rectified;
he/she understands that he/she may, subject to Sectionvi, withdraw the consent given in Sectiond), by giving written notice to this effect to Mona;
he/she understands that the withdrawal of consent contemplated in Sectiond) will not affect the lawfulness of the Processing of Personal Information that occurred before such withdrawal. In addition the following categories of Processing will not be affected:
Processing necessary to carry out actions for the conclusion or performance of the Mona Terms of Service incorporating these Turkish Terms;
Processing that complies with an obligation imposed upon Mona by Istanbul Anadolu Mahkemeleri, in Türkiye law;
Processing that protects a legitimate interest of the Parent or the Subscriber, as relevant;
Processing that is necessary for the proper performance of a public duty by a public body; or
Processing that is necessary for pursuing the legitimate interest of Mona or that of a third party to whom the information is supplied to; and
while Mona has developed and implemented internal policies and procedures, designed to protect the confidentiality of the Parent’s and the Subscriber’s Personal Information, the Parent and Subscriber acknowledge that:
Mona cannot be held responsible for the privacy policies and practices in use by any web or internet sites that may be accessed by the Parent or the Subscriber through use of the Service; and
Internet communications are inherently vulnerable unless they have been appropriately encrypted. Accordingly, Mona accepts no responsibility or liability of any nature, whatsoever, should the Parent’s and/or the Subscriber’s Personal Information be intercepted or lost by causes beyond Mona’s reasonable control.
D. Applicable Law.
You agree that the laws of the state of Istanbul Constitutional, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with ‘Mona’ or relating in any way to your use of the Site resides in the courts of Republic of Türkiye, Istanbul Constitutional Courts.
This Agreement, together with any amendments and any additional agreements you may enter into with Company in connection with the Service (including all supplemental terms referenced herein and our Privacy Policy), shall constitute the entire agreement between you and Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If you have any questions or concerns regarding this Terms of Service, please send us an email at mona@troophy.zendesk.com or call +90 212 400 0655 or write to us at DynApps Bilisim Hizmetleri ve Ticaret Limited Sirketi, Visnezade Mah. Suleyman Seba Cad. No:79 Ic Kapi No:1 Akaretler, Besiktas-Istanbul / Turkiye.
You and Company have each expressly requested and required this Agreement and all documents that relate here to be drawn up in the English language.