Terms
Terms of Use
Plain-language summary (not part of the agreement): Theysay is a guessing game. You upload a photo of yourself, strangers guess five things about you, and only you see the result. You must be 18 or older. Your photo must be of you. We never sell your data or run ads. Disputes go to individual arbitration, with a 30-day opt-out. The current version has no purchases; when paid features arrive, they go through Apple.
These Terms of Use ("Terms") are a binding agreement between you and Baran Güngör, an individual developer based in Türkiye ("Theysay", "we", "us"), the developer and operator of the Theysay iOS application and the website at theysay.pages.dev (together, the "Service"). By tapping "I agree" on the age screen, or by using the Service, you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
Please read Section 14 carefully. It contains a mandatory arbitration provision and a class action waiver that affect your legal rights.
This version of the app. The current version of Theysay has no in-app purchases, no Sign in with Apple, no notifications and no invite links. The parts of these Terms that describe them are marked Not yet available; they apply only once those features are released, and we will update the effective date when that happens.
1. Who may use Theysay
- You must be at least 18 years old. There are no exceptions. If we learn that a user is under 18, we remove their photo and close the account.
- You must be a natural person using the Service for yourself. Businesses, bots, scripts and automated clients are not permitted.
- You may not use the Service if you have previously been removed from it.
- You may use the Service only where it is lawful to do so. The Service is offered in the United States App Store; we make no representation that it is appropriate or available elsewhere.
2. What the Service is (and is not)
- Theysay lets you upload a photo of yourself. Other users ("voters") see the photo inside the app, one question at a time, and guess how old you look, which country you look like you are from, what you look like you do for work, what music you look like you listen to, and one word that describes their first impression. Voters never see your name, your own answers, or other voters' guesses.
- The results are strangers' guesses. They are not facts, measurements, assessments, or statements about who you are. Every result screen says so. Guesses about where you "look from" are impressions of a whole picture (style, setting, expression) made by anonymous people; they are not information about your nationality, ethnicity, ancestry or origin, and we never generate, infer or store any such information.
- The Service does not rate attractiveness, rank people, publish leaderboards, or show your result to anyone but you. The first-impression word list contains only neutral or kind words.
- We may change, pause, or discontinue any part of the Service at any time, including turning off a question for all users. We may limit how many votes a photo receives, how often a photo may be replaced, and how the voting queue is ordered.
3. Your photo
- It must be you. You may only upload a photo of yourself: your own face, taken with your consent, that you have the right to use. You may not upload a photo of anyone else, a photo of more than one person, a photo of a minor, an AI-generated or edited face, a celebrity, or a photo you found online.
- License. You keep ownership of your photo. You grant Theysay a non-exclusive, worldwide, royalty-free license to store, copy, resize, crop, strip metadata from, display to other users inside the Service, run safety checks on, and back up your photo, solely to operate, secure and improve the Service. This license ends when you delete the photo or your account, except for (a) backup copies, which are deleted on the schedule in the Privacy Policy, and (b) the hash of a removed photo, which we keep to block re-uploads.
- Who sees it. Your photo is shown to other users inside the app, without your name. We cannot stop a voter from taking a screenshot of their own screen, and you accept that risk when you upload. We do not publish your photo on the web, and the share cards you create do not include it unless you choose a card style that does.
- Safety check. Before any voter sees your photo, an automated third-party service screens it for nudity, violence and other prohibited content, counts faces, and estimates an age range. This is described in the Privacy Policy (Section 5). We may also review a photo manually when it is reported or flagged. We may reject, hide or remove any photo at any time, with or without notice, and we are not obliged to explain why.
- Deleting it. You can delete your photo at any time from the Profile screen. It leaves the voting queue immediately and our storage within 24 hours. Replacing a photo deletes the old file on the same schedule; the numeric result of the old photo (not the image) is kept with your account so that we can offer a history feature later, and is deleted with your account.
4. Your guesses
- When you vote, you grant us a perpetual, irrevocable license to use your guess, combined with the guesses of others, to produce results, statistics, and insights. Votes are stored without a link to your identity once your account is deleted.
- Vote honestly and on your own. Votes cast faster than a human can look are recorded but not counted. Accounts that vote randomly, in bulk, or through automation lose voting weight and may be removed.
- To show others how their guesses compare, we ask for your own answers to the same five questions, and optionally your gender. These are used only in aggregate and are never shown next to a vote.
5. Zero-tolerance conduct
We remove users immediately, without warning and without refund, for any of the following:
- Uploading a photo of a minor, or of anyone other than yourself.
- Uploading nudity, sexual content, violence, hate symbols, or content that harasses, threatens or demeans any person or group.
- Attempting to identify, contact, stalk or harass any person whose photo you see in the Service, including by searching for them elsewhere.
- Screenshotting, recording, scraping, downloading or redistributing other users' photos.
- Using bots, scripts, emulators, modified clients, multiple accounts, or any method to vote automatically, inflate results, or evade limits.
- Interfering with the Service, probing its security, or accessing data you are not authorized to access.
- Impersonating any person, or misrepresenting your age.
- Submitting false reports.
We may also suspend or terminate accounts for any other breach of these Terms or our Community Guidelines, or where we reasonably believe it is necessary to protect users, third parties or the Service.
6. Reports, blocks and removal
- Every voting card has a report button. Reports are reviewed promptly; photos that receive multiple reports are hidden automatically pending review. You can block any photo you report so that you never see it again.
- If you see a photo of yourself that you did not upload, report it with the reason "This is me and I didn't consent" or write to baran.gngr@gmail.com. We remove such photos as soon as we verify the request, and in any case within 48 hours of a valid request.
- Removal requests from people who are not users, and copyright notices, are handled as described in Section 16.
- We do not undertake to monitor all content, but we may do so, and we may remove any content at any time.
7. Purchases
Not yet available. The current version of the app offers no purchases and no Sign in with Apple. This Section applies once they are released.
- Some breakdowns and the boost feature are paid. All payments are processed by Apple through the App Store's in-app purchase system under Apple's terms. We do not see or store your payment details.
- One-time unlocks (a single breakdown card, or all four cards) are tied to the photo for which they were bought and to the Apple ID that bought them. If you replace your photo, unlocks carry over to the new photo. Prices are shown in the app before purchase and may change.
- Boost moves your photo to the front of the voting queue until every question has a first result, for at most 48 hours from purchase. Boost does not promise any number of votes, any speed, or any particular result. If a boost ends because the queue produced the results, it has done its job; if it ends at 48 hours without full results because there were not enough voters, that is the risk described here and no refund is owed by us.
- Refunds are decided by Apple under Apple's refund policy. We cannot issue refunds ourselves. Contact Apple Support for refund requests.
- Sign in with Apple is required only to buy or to restore purchases on a new device. We use it to attach your purchases to your Apple ID; we do not receive your email unless you share it, and we never use it for marketing.
- We do not sell subscriptions and we do not show advertising.
8. Share cards and sharing outside the Service
- You may create share cards from your own results and share them anywhere. Once a card leaves the Service, you control it and you are responsible for it.
- Share cards and invite links may carry the Theysay name and mark. You may share them as the Service provides them; you may not alter them to misrepresent a result or to imitate Theysay.
- Not yet available. An invite link (a "/c/…" link on our website) shows the card data you chose to share: the question, your answer, the world's answer and the sentence. It never shows your photo.
9. Intellectual property
The Service, its design, text, software, name, logo and the "THE WORLD SAYS" mark are owned by Theysay or its licensors and are protected by copyright, trademark and other laws. We grant you a limited, revocable, non-transferable, non-sublicensable license to use the app on an Apple device you own or control, for personal, non-commercial use, in accordance with these Terms and the App Store's Usage Rules. You may not copy, modify, reverse engineer, decompile, sell, rent, or create derivative works from the Service except where the law expressly allows it.
10. Third-party services
The Service relies on third-party providers (listed in the Privacy Policy) for hosting, content safety screening, purchases, crash reporting and analytics. We are not responsible for those providers' services, and their terms may apply to your use of them. The Service may link to third-party sites; we do not control them and are not responsible for them.
11. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. IN PARTICULAR, WE MAKE NO WARRANTY THAT ANY RESULT IS ACCURATE, FAIR, REPRESENTATIVE, OR BASED ON ANY MINIMUM NUMBER OF VOTES; THAT YOUR PHOTO WILL RECEIVE ANY NUMBER OF VOTES; OR THAT ANY OTHER USER WILL COMPLY WITH THESE TERMS. RESULTS ARE OPINIONS OF ANONYMOUS STRANGERS AND MAY BE WRONG, UNFLATTERING OR UPSETTING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THEYSAY AND ITS OWNER, CONTRACTORS AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REPUTATION OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES ARISING FROM THE CONDUCT OR CONTENT OF OTHER USERS, FROM UNAUTHORIZED SCREENSHOTS OR REDISTRIBUTION OF YOUR PHOTO BY OTHERS, AND FROM ANY RESULT OR GUESS.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US THROUGH THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, AND (B) FIFTY US DOLLARS (US$50).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.
13. Indemnification
You will defend, indemnify and hold harmless Theysay and its owner, contractors and providers from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or relating to (a) a photo or other content you submit, including any claim that it depicts someone other than you or was submitted without consent; (b) your breach of these Terms or the Community Guidelines; (c) your violation of any law or of any third party's rights; or (d) your use of the Service.
14. Dispute resolution: informal resolution, arbitration, class waiver
Please read this section carefully. It requires you to arbitrate disputes individually and limits the ways you can seek relief from us. You may opt out within 30 days (Section 14.8).
14.1 Informal resolution first
Before starting arbitration or any court proceeding, you and we agree to try to resolve the dispute informally. You will send a written notice to baran.gngr@gmail.com with your name, the email or Apple ID associated with your account, a description of the dispute, and the relief you seek ("Notice"). We will send any Notice to you at the contact details on your account. You and we will attempt in good faith to resolve the dispute within 60 days of the Notice, including through at least one telephone or video conference if either side requests it. Any statute of limitations is tolled during this period. Arbitration or a small-claims action may not be filed until this process is complete.
14.2 Binding arbitration
Except as set out in 14.3 and 14.8, any dispute, claim or controversy arising out of or relating to these Terms, the Privacy Policy or the Service, including its formation, interpretation, breach or termination, and whether based in contract, tort, statute, fraud or any other legal theory ("Dispute"), will be resolved by binding individual arbitration and not in court. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this Section, except that a court decides the enforceability of the class waiver in 14.5 and any question under 14.6.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as in effect when the arbitration is filed (available at adr.org). If the AAA is unavailable, the parties will agree on another administrator or a court will appoint one. The Federal Arbitration Act governs this Section.
Arbitration will be conducted by a single arbitrator, in English, and by video conference or on written submissions unless the arbitrator decides that an in-person hearing is necessary, in which case it will be held in the county where you live. The arbitrator may award the same individual relief a court could, including injunctive relief, but only to the extent needed to resolve your individual claim. The arbitrator's award is final and may be entered in any court of competent jurisdiction.
14.3 Exceptions
Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to stop unauthorized use or abuse of the Service or infringement of intellectual property rights. Reports to government agencies are not restricted by this Section.
14.4 Fees
Payment of AAA filing, administrative and arbitrator fees is governed by the AAA rules. If you cannot afford the fees, we will consider a request to pay them. If the arbitrator finds that a claim was frivolous or brought for an improper purpose, the arbitrator may reallocate fees as the rules allow.
14.5 Class action and jury waiver
You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding, except as set out in 14.6. You and we each waive the right to a jury trial.
14.6 Coordinated filings
If 25 or more similar demands for arbitration are brought by or with the assistance of the same or coordinated counsel, they will be treated as a coordinated filing. The parties will cooperate to resolve them efficiently: the administrator will group them in batches of up to 50, each batch will be assigned to a single arbitrator and will be subject to a single set of filing and administrative fees, and after the first batches are decided the parties will participate in a global mediation. A court may decide any dispute about this subsection, and if it is found unenforceable as to a given dispute, that dispute will be heard in court under 14.9.
14.7 Severability of this Section
If any part of this Section 14 (other than 14.5) is found unenforceable, the rest remains in effect. If 14.5 is found unenforceable as to a particular claim, then that claim, and only that claim, will be severed and litigated in court under 14.9, and the remaining claims will be arbitrated.
14.8 Thirty-day opt-out
You may opt out of this arbitration agreement by emailing baran.gngr@gmail.com within 30 days of first accepting these Terms, with the subject line "Arbitration opt-out", your name and the email or Apple ID on your account. Opting out does not affect any other part of these Terms. If you opt out, Section 14.9 applies to all Disputes.
14.9 Courts
Any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you and we consent to their personal jurisdiction and venue, except that either party may bring a qualifying claim in small claims court where you live.
15. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules, and by the Federal Arbitration Act as to Section 14. If you are a consumer in a jurisdiction whose mandatory consumer protection laws give you additional rights, those rights are not affected by this Section.
16. Copyright and removal notices
Copyright (DMCA). If you believe content in the Service infringes your copyright, send a notice containing the elements required by 17 U.S.C. §512(c)(3) to our designated agent: Baran Güngör, Türkiye, baran.gngr@gmail.com (subject line "DMCA notice"). We respond to valid notices promptly and terminate repeat infringers.
Intimate images and photos of you. If a photo in the Service depicts you (or someone you are authorized to represent) and you did not consent to it, or if it is an intimate image of you, write to baran.gngr@gmail.com with the subject "Removal request", a description of the photo, a statement under penalty of perjury that you are the person depicted (or their authorized representative) and that the photo was shared without consent, and your contact details. We remove such content as soon as practicable and no later than 48 hours after receiving a valid request, and we make reasonable efforts to remove identical copies. You do not need to be a user to make this request; instructions are also available at theysay.pages.dev/remove.
17. Termination
You may stop using the Service at any time and delete your account from the Profile screen. We may suspend or terminate your access at any time for the reasons in Section 5 or for any other breach, or if we discontinue the Service. On termination your license to use the app ends; Sections 3.2 (as to backup and hash), 4.1, 9, 11, 12, 13, 14, 15 and 18 survive. Unlocks are tied to the photo and account and are not refundable by us on termination for breach.
18. Terms required by Apple
These Terms are between you and Theysay only, not Apple Inc. ("Apple"). Apple is not responsible for the app or its content. Your license to the app is limited to use on Apple-branded products that you own or control, as permitted by the App Store's Usage Rules, except that the app may be accessed by other accounts associated with you via Family Sharing or volume purchasing. Apple has no obligation to furnish any maintenance or support for the app. 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 you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our responsibility. We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar legislation. In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of such claim. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Our name and address for the purposes of this Section: Baran Güngör, Türkiye, baran.gngr@gmail.com.
19. General
These Terms, the Privacy Policy and the Community Guidelines are the entire agreement between you and us about the Service. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor of the Service. Notices to you may be given in the app or to the contact details on your account. We may update these Terms; material changes will be shown in the app and require your acceptance before you continue, and the effective date above will change. Continued use after a non-material change constitutes acceptance.
20. Contact
Baran Güngör
Türkiye
baran.gngr@gmail.com