1. Parties, scope and acceptance
1.1. These Terms of Use (the "Terms") apply to the use of the MoldBench application (iPhone, iPad, Android and Mac versions; the "App") and the website https://moldbench.com (the "Site"), between Kadir Tolaz, who provides the App (contact details in Section 15; the "Developer" or "we"), and the person using the App (the "User" or "you").
1.2. You accept these Terms, including the disclaimer on engineering calculations in Section 7, on the agreement screen shown when you first open the App; the App cannot be used without accepting them. The version of the text you accepted and the time of acceptance are recorded on your device. The full text is always available in the App (Settings > "Terms of Use") and on the Site.
1.3. The rules of the store from which you obtained the App also apply (Section 2).
1.4. To use the App you must have the legal capacity to enter into contracts under the laws of your country. The App is designed for professional users and is not directed at anyone under 18.
1.5. How your personal data is processed is explained in the Privacy Policy (https://moldbench.com/privacy) and, for users in Turkey, in the KVKK notice (https://moldbench.com/tr/kvkk). These documents are informational; they are not contractual terms of these Terms.
2. Store-specific terms
2.1. App Store: If you obtained the App from the Apple App Store, Apple's Licensed Application End User License Agreement (the "Apple Standard EULA") also applies to the license of the App: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ — These Terms supplement the Apple Standard EULA. If the two conflict as regards the scope of the license for an App obtained from the App Store and Apple's rights, the Apple Standard EULA prevails; on other matters (the scope of Pro, the engineering disclaimer, support, contact) these Terms apply.
2.2. In addition, for an App obtained from the App Store:
a) These Terms are concluded between you and the Developer only; Apple Inc. is not a party to them. The Developer, not Apple, is solely responsible for the App and its content.
b) Maintenance and support of the App are solely the Developer's responsibility; Apple has no obligation whatsoever in this regard.
c) If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, to you. To the maximum extent permitted by applicable 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 the Developer's sole responsibility.
d) Any claims relating to the App (including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or privacy legislation) are to be directed to the Developer, not to Apple.
e) If a third party claims that the App or your use of it infringes that third party's intellectual property rights, the Developer, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
f) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
g) You must comply with applicable third-party terms of agreement when using the App (for example, your mobile data or internet service agreement).
h) Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms; upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
2.3. Google Play: If you obtained the App from Google Play, the Google Play Terms of Service also apply: https://play.google.com/about/play-terms/ — Google LLC is not a party to these Terms; maintenance and support of the App are the Developer's responsibility.
3. License
3.1. The Developer grants you a limited, non-exclusive, non-transferable and non-sublicensable right (license) to use the App in accordance with these Terms. Use in your professional and commercial work is permitted.
3.2. Except where mandatory law permits it (for example Article 38 of the Turkish Law No. 5846 on Intellectual and Artistic Works), you may not:
- copy, distribute, rent, sell or sublicense the App;
- reverse engineer, decompile or modify the App;
- take any action intended to circumvent Pro locks or usage limits;
- use the App for unlawful purposes or in a way that infringes the rights of others.
3.3. Open-source components used in the App are subject to their own licenses and are listed under Settings > "Open Source Licenses". These Terms do not restrict the rights that open-source licenses grant you.
4. Free version and ads
4.1. The App can be used free of charge. In the free version some scopes are limited, such as the results of some calculations, some field notes and the number of CAD files that can be opened; the current scope is shown on the App's Pro screen. The scope of the free version may change with updates; this does not affect the Pro scope you have purchased.
4.2. The free version on Android and iOS shows non-personalized ads. Purchasing Pro removes the ads (5.2). There are no ads in the Mac version or in Pro. Which personal data is processed for ads, and Google's consent form shown in the European Economic Area, the United Kingdom and Switzerland, are described in the Privacy Policy (1.5).
5. Pro (one-time purchase)
5.1. Not a subscription. Pro is a one-time payment; it does not auto-renew and no recurring fee is charged.
5.2. Scope. Pro permanently unlocks all Pro features locked in the major version current at the time of your purchase (1.x) and removes ads.
5.3. What does "lifetime" mean? The Pro entitlement does not expire after a set period and requires no renewal fee; it is unlimited in time for the scope in 5.2. It does not mean that the App will always be developed or offered in the stores, that it will run on every future device and operating system version, or that it covers the separately priced features described in 5.4.
5.4. New major versions and separately priced features.
- If a new major version (2.0 or later) is released, the 1.x Pro features you purchased remain available to you; only newly added features may be charged for separately. Advance notice will be given.
- Features that may be added in the future and that incur ongoing external service costs (for example AI-assisted functions) may be priced separately. In that case the existing Pro scope is not reduced; the new feature is offered separately and stated clearly before purchase.
5.5. Tied to your store account; restoring. Pro is tied to the store account you purchased it with (Apple Account or Google account). With the same account you can recover it on devices supported by that store using "Restore Purchases". A purchase made in one store cannot be transferred to another store. Pro is not included in .mbench backup files. Pro is not shared through Apple Family Sharing.
5.6. Personal license. Pro is personal; it is non-transferable and may not be shared with others.
5.7. Price and payment. The price, including taxes, is shown by the respective store on the purchase screen. The store collects the payment and its payment terms apply.
5.8. Purchase problems. If you paid but Pro did not unlock, first try "Restore Purchases"; if the problem persists, write to [email protected] with your Settings > "Support ID" and your store order number.
6. Right of withdrawal and refunds
6.1. Consumers in Turkey. Pro is intangible digital content delivered immediately by electronic means. Under Turkish Law No. 6502 on Consumer Protection and Article 15(1)(ğ) of the Turkish Distance Contracts Regulation, the right of withdrawal does not apply to such contracts. This does not affect your statutory rights regarding non-conforming goods (Law No. 6502, Articles 8–12).
6.2. Consumers in the EU, the EEA and the United Kingdom. Rights of withdrawal and refund are governed by the sales terms of the store through which the purchase is made (Apple Media Services Terms and Conditions or Google Play Terms of Service) and by the mandatory consumer law of your country. Under these rules, the right of withdrawal may end if you expressly consent in advance to the supply of digital content beginning within the withdrawal period and acknowledge that you thereby lose your right of withdrawal. Where the store's terms give you a broader right, that right applies.
6.3. How to request a refund.
- App Store purchases: Only Apple can issue refunds: https://support.apple.com/118223 (reportaproblem.apple.com).
- Google Play purchases: Google Play's refund policies apply: https://support.google.com/googleplay/answer/2479637 — You may also send your request to us; the Developer can issue refunds through Google Play.
- The stores' own refund policies remain unaffected; Apple and Google may issue refunds under their own terms.
7. Engineering calculations: disclaimer
7.1. Purpose of the App. MoldBench is a preliminary assessment and assistive tool for mold and press engineering calculations. All results are provided for general information and preliminary assessment purposes.
7.2. Limitations of results. Calculation results may differ from actual values because:
- material properties vary by manufacturer and batch;
- actual production conditions cannot be fully modeled;
- the formulas used are simplified models of real physical behavior;
- the accuracy of results depends on the accuracy of the values entered and the units selected.
7.3. No substitute for expert judgment. Under no circumstances does the App replace: the assessment of a competent engineer or expert; physical prototypes, trials and field tests; conformity analysis against ISO, DIN, TS and similar standards; finite element analysis (FEA) or flow simulation.
7.4. Final verification is yours. Before using results in any design, manufacturing, purchasing or safety-related decision, it is your responsibility to verify them with independent sources and to seek expert advice where necessary. If you share PDF reports produced by the App with third parties, it is also your responsibility to tell them that the report is a preliminary assessment within the meaning of this section.
7.5. References to sources and standards are for information only; they do not replace the current official text of the relevant standard or source.
8. Warranty and limitation of liability
8.1. To the extent permitted by applicable law, the App is provided "as is". Consumers' statutory rights that cannot be excluded by contract (including rules on non-conforming goods; under Article 3 of Turkish Law No. 6502, software also counts as "goods") remain unaffected.
8.2. To the maximum extent permitted by applicable law, the Developer is not liable for any direct or indirect damages that may arise from the use of the App's results, including mold or machine damage, production errors, workplace accidents, production losses, loss of profit and third-party damages.
8.3. The limitation in 8.2 does not apply to: liability for intent or gross negligence (Turkish Code of Obligations No. 6098, Article 115); damage to life, body or health; mandatory product liability rules; or consumers' statutory rights that cannot be excluded by contract (including Article 5 of Turkish Law No. 6502).
9. Your responsibilities
9.1. You are responsible for the values you enter, the units you select and the use you make of the results.
9.2. You must have the right to use the files you open in the App (for example CAD files belonging to your customer).
9.3. Your data is kept only on your device; we cannot recover it if the device is lost or the App is deleted. Making backups is your responsibility (Settings > "Backup & Transfer").
10. Intellectual property
10.1. The App, its software code, interface, texts and the compilation of its calculation content belong to the Developer or its licensors. The MoldBench name and logo are the Developer's distinctive signs and may not be used without permission.
10.2. The calculations, projects and reports you create in the App belong to you. Because they are not sent to us, we claim no rights in them.
11. Updates, changes and discontinuation
11.1. We may update the App and add or change features. The Pro scope you purchased will not be reduced contrary to Section 5.
11.2. We may change these Terms. In case of a material change, the updated text will be shown to you when the App opens and your acceptance will be requested in order to continue. If you do not accept, you may stop using the App; changes do not retroactively affect, to your detriment, the Pro scope you have already purchased.
11.3. We may stop distributing or developing the App. We will announce such a decision a reasonable time in advance in the App or on the Site. Because the App is designed to work offline, the App installed on your device and your Pro entitlement may continue to be usable for as long as your operating system supports them; however, re-installation, restoring purchases and updates depend on what the stores and service providers offer.
12. Termination
12.1. You may stop using and delete the App at any time.
12.2. If you materially breach these Terms (for example by circumventing Pro locks or using the App for unlawful purposes), your license may be terminated, with prior notice where possible. Your statutory rights remain unaffected.
13. Governing law and disputes
13.1. These Terms are governed by the laws of the Republic of Turkey. This choice of law does not deprive consumers of the protection afforded by the mandatory consumer protection rules of the country of their habitual residence (Turkish Law No. 5718 on Private International and Procedural Law, Article 26). For an App obtained from the App Store, the governing-law clause of the Apple Standard EULA remains applicable to that agreement.
13.2. Consumers in Turkey may bring disputes, within the monetary limits announced each year, before the consumer arbitration committee (Law No. 6502, Article 68) and, for disputes above those limits, before the consumer court, subject to the requirement to apply to a mediator before filing a lawsuit (Law No. 6502, Article 73/A). Consumers may apply to the arbitration committee and court of their own place of residence.
13.3. Consumers in other countries retain their right to bring proceedings before the courts of their place of residence.
14. General
14.1. Entire agreement. These Terms, together with the store terms, constitute our entire agreement regarding the use of the App.
14.2. Severability. If a provision is held invalid, the remaining provisions remain valid.
14.3. Assignment. We may assign our rights and obligations under these Terms to a person who takes over the business (for example if the business is converted into a company), provided that your rights are not reduced.
14.4. Language. If the Turkish and English versions of these Terms conflict, the Turkish version prevails, provided this is not to the detriment of the consumer.
14.5. Notices. We send notices to you through the App, the Site or the e-mail address you used to write to us.
15. Contact
- Kadir Tolaz
- E-mail: [email protected]
- Website: https://moldbench.com
Turkish version: https://moldbench.com/tr/kosullar