Sketcha — Terms of Use

1. Agreement to these terms

These Terms of Use ("Terms") are an agreement between you and Gambit, a sole enterprise established in Türkiye ("Gambit", "we", "us"), about your use of the Sketcha application ("Sketcha", "the app").

By downloading, installing or using Sketcha you accept these Terms. If you do not accept them, do not use the app.

If you are a consumer, nothing in these Terms limits the mandatory rights you have under Türkiye's Law No. 6502 on Consumer Protection or under the consumer law of your own country of residence.

2. Licence to use Sketcha

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use one copy of Sketcha on devices you own or control, in accordance with the usage rules of the App Store or Google Play.

The app itself — its code, interface, brand, name, logo, icons, default brushes, default assets and documentation — remains the property of Gambit and its licensors. These Terms grant you a licence to use the app; they do not sell you the software.

You may not, except where mandatory law expressly allows it:

• copy, modify, translate or create derivative works of the app;
• reverse-engineer, decompile or disassemble it, or attempt to extract its source code or its embedded assets;
• rent, lease, lend, sell, sublicense or redistribute the app;
• remove or alter any proprietary notice;
• circumvent, disable or interfere with the licensing or entitlement checks that gate Sketcha Pro features.

3. Your content is yours

You own everything you create in Sketcha.

Every drawing, illustration, animation, brush, brush kit, palette, exported image, GIF and video you make with Sketcha ("Your Content") belongs entirely to you. We claim no ownership, no licence and no rights over it whatsoever.

Specifically:

• You may use Your Content commercially, without restriction and without royalties. Sell prints, publish a comic, deliver client work, put it in a game, put it on merchandise — you do not need our permission and you owe us nothing.
• We do not require attribution to Sketcha or to Gambit. (We would love it, but it is not a condition.)
• Because Your Content never leaves your device, we could not use it even if we wanted to. We have no copy, no access and no rights.
• There is no "we may use your content to promote the app" clause in these Terms, and there will not be one unless you explicitly and separately agree to it (for example, if you send us artwork for a feature story).

The one thing that is not covered by this section is content you did not create — see sections 7 and 8.

4. Acceptable use

You agree not to use Sketcha:

• to create, store or distribute material that is unlawful where you are, including child sexual abuse material, content that incites violence or hatred, or content that violates another person's rights;
• to infringe anyone's copyright, trademark, moral rights, privacy or publicity rights;
• to impersonate a person or organisation, or to produce forged documents, identity papers or other deceptive material intended to be taken as genuine;
• in any way that violates the App Store or Google Play terms, or applicable export-control or sanctions law.

Because the app is offline and we have no visibility into your files, we do not and cannot monitor what you draw. That does not make the above acceptable; it makes it entirely your responsibility.

5. Sketcha Pro

Sketcha's core drawing tools are free. Sketcha Pro is an optional paid upgrade that unlocks additional features.

5.1 The plans

Prices shown in the app are always the authoritative ones. The figures above are the US reference prices; your local price, currency and applicable taxes are set by the App Store or Google Play for your storefront and may differ. Free trial availability is determined by Apple or Google, not by us — if you or your store account has already used a Sketcha trial or introductory offer, you will not be offered another one.

5.2 How auto-renewing subscriptions work

• Payment is charged to your Apple ID or Google Play account at confirmation of purchase.
• The subscription renews automatically at the then-current price unless it is cancelled at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours prior to the end of the current period.
• Your Pro features continue until the end of the period you have already paid for, even after you cancel.

5.3 The free trial

• The 7-day free trial, where offered, is available once, to eligible new subscribers only, as determined by the store.
• If you do not cancel at least 24 hours before the trial ends, the trial converts automatically into a paid yearly subscription and you are charged.
• If you purchase a subscription or the lifetime upgrade while a free trial is still running, any unused portion of that trial is forfeited. This is an App Store rule and it applies to Google Play equivalently.

5.4 Cancelling

You cancel through your store account, not through us. We have no ability to cancel a subscription on your behalf.

• iOS / iPadOS: Settings → your name → Subscriptions → Sketcha → Cancel; or App Store → account → Subscriptions. Direct link: https://apps.apple.com/account/subscriptions
• Android: Google Play → profile → Payments & subscriptions → Subscriptions → Sketcha → Cancel. Direct link: https://play.google.com/store/account/subscriptions

The app also offers a "Manage subscription" button that opens the correct page for your store.

Cancellation must be completed at least 24 hours before the renewal date to avoid being charged for the next period. Deleting the app does not cancel a subscription.

5.5 The lifetime purchase

• The lifetime upgrade is a one-time, non-consumable purchase. It does not auto-renew and there is nothing to cancel.
• It is tied to the store account (Apple ID or Google account) that bought it, not to a device and not to a Sketcha account (there are none). It can be restored on your other devices signed in to the same store account, and after reinstalling, using "Restore purchases" in the app.
• "Lifetime" means: for as long as Sketcha is published and operable on your platform, for the features covered by Sketcha Pro as it evolves. It is not a promise that the app will be published, maintained or compatible forever, and it does not cover a materially different future product should we ever release one (for example a separate app).
• Restoring depends on the store's records. If you buy on an Apple ID and later switch to Android, or vice versa, the purchase does not carry across — Apple and Google are separate stores and neither honours the other's purchases. This is a platform limitation we cannot override.

5.6 Price changes

We may change prices. A change never affects a period you have already paid for, and never affects a completed lifetime purchase.

For subscriptions, a price increase applies only to future renewal periods, and the store will notify you and, where the platform requires it, ask for your consent before the increased price is charged. If you do not agree, cancel before the next renewal as described in 5.4.

5.7 If the entitlement does not appear

Entitlements are delivered through the store and through RevenueCat and can be delayed by a pending payment, "Ask to Buy" approval, or a network problem. Try "Restore purchases" first, and make sure you are signed in to the store account that made the purchase. If it still does not appear, contact hello@getsketcha.com with your store order/transaction ID and we will help — though the ultimate remedy for a payment problem lies with the store.

6. Refunds

All purchases are processed by Apple or Google, and all refunds are handled solely by Apple or Google. Gambit cannot issue, approve or deny a refund, and never receives your payment details.

• Apple: request a refund at https://reportaproblem.apple.com.
• Google Play: request a refund from your Play order history, or at https://support.google.com/googleplay/answer/2479637.

Statutory withdrawal and consumer rights — including any right of withdrawal under Turkish or EU consumer law for digital content — continue to apply where they are mandatory, and are exercised through the store that took your payment. Refund decisions are made under the store's own policies, which may include time limits.

We are happy to help you frame a refund request, but we cannot grant one.

7. Brush kits and the .sketchakit ecosystem

Sketcha uses an open brush-kit format: .sketchakit (a kit of brushes) and .sketchabrush (a single brush). Anyone may create, share, give away or sell kits. We think that is a feature, and we do not take a cut of it.

That openness comes with responsibilities:

• You are responsible for the rights to any content you import. Before importing a brush, texture, image, font, sound or kit, make sure you actually have the right to use it — and, if you intend to use the results commercially, the right to use it commercially. Many free brush and texture packs carry personal-use-only or no-redistribution licences.
• You are responsible for the rights to any kit you share or sell. Do not package or redistribute someone else's brushes, textures or assets without their permission. Exporting a kit that contains third-party textures redistributes those textures.
• Third-party kits come with no warranty from us. Gambit does not create, review, endorse, moderate or guarantee kits made by other people. We make no representation about their quality, safety, licensing or fitness for any purpose, and we are not responsible for a kit that behaves badly, looks wrong, or turns out to be infringing.
• Import at your own risk. Only import kits from sources you trust. The app validates and size-limits kit files, but no validation is perfect.
• Kits made with our default brushes and default assets may be shared and sold freely as part of your own work; you may not repackage Sketcha's default asset library as a standalone product that competes with the app.

If you believe a kit distributed by someone else infringes your rights, your claim lies against that person. We do not host, distribute or operate a kit marketplace, so there is nothing for us to take down — but do tell us at hello@getsketcha.com if you think we can help.

8. Third-party content, fonts and files

Sketcha lets you import fonts (.ttf, .otf), vector files (.svg), layered files (.psd), audio tracks and photographs. These are yours to manage:

• Fonts are licensed software. A font's own licence governs whether you may embed it, use it commercially, or export artwork containing it. Sketcha does not check font licences and does not grant you any rights in them.
• Audio you place on a timeline must be audio you have the right to use. An exported video containing a commercial music track can infringe the rights of the rights holder, no matter what tool made the video.
• Photographs you import may show identifiable people, trademarks or copyrighted works. Getting the necessary permissions is your responsibility.

We provide the tools. The rights clearance is yours.

9. Backups — read this one

Sketcha is an offline app. It provides no cloud service, no account, no synchronisation and no backup service. We do not hold a copy of your work and we cannot restore anything.

If you delete a document, delete the app, lose your device, reset it, or your device fails, your Sketcha work is gone permanently.

You are solely responsible for backing up Your Content. We strongly recommend that you regularly:

• export finished work (PNG / GIF / MP4) and save it to Files, Photos, a cloud drive or a computer;
• export brush kits you have built as .sketchakit files and store them somewhere safe;
• keep your device's own system backup (iCloud Backup, Android Backup) enabled, and be aware that whether app data is included depends on your OS settings and platform behaviour — do not rely on it as your only backup.

We are not liable for lost work. This is stated again in section 12, and it is the most important sentence in this document.

10. Updates and changes to the app

We may update Sketcha to add, change or remove features, fix bugs, or maintain compatibility with new operating systems. Some updates may be required for the app to keep working.

We may discontinue features, including features covered by Sketcha Pro, where we have a valid reason (for example a platform API is removed, or a component is no longer licensable). If we discontinue a material Pro feature, we will act reasonably and proportionately, and this does not affect your statutory rights as a consumer.

We may stop publishing Sketcha entirely. If that happens, active subscriptions will not be renewed further; already-purchased periods and lifetime purchases are addressed by section 5.5 and by the stores' own policies.

11. Disclaimer of warranties

Sketcha is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, to the maximum extent permitted by applicable law. In particular we do not warrant that:

• the app will be uninterrupted, error-free, or free of defects;
• it will be compatible with every device, stylus, operating-system version or file format;
• exported files will be accepted by, or render identically in, any particular third-party software;
• any drawing, brush, layer, animation, imported file or exported file will be preserved, recoverable or free of corruption.

Some jurisdictions do not allow the exclusion of implied warranties; in those jurisdictions, the exclusions above apply only to the extent permitted, and your mandatory consumer rights are unaffected.

12. Limitation of liability

To the maximum extent permitted by applicable law:

• Gambit is not liable for any indirect, incidental, special, consequential or punitive damages, nor for loss of profits, loss of business, loss of goodwill, or loss or corruption of data, artwork or files, arising out of or in connection with Sketcha — even if we have been advised of the possibility.
• Our total aggregate liability for all claims arising out of or relating to Sketcha and these Terms is limited to the greater of (a) the amount you actually paid us for Sketcha in the twelve (12) months preceding the event giving rise to the claim, and (b) USD 50 (or its local-currency equivalent). If you use the free version, that amount will normally be USD 50.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for wilful misconduct or gross negligence (kast veya ağır ihmal) under Turkish law, or any mandatory consumer-law liability.

13. Indemnity

You agree to indemnify and hold Gambit harmless from any third-party claim, demand, loss or expense (including reasonable legal fees) arising from Your Content, from content you imported or shared, or from your breach of these Terms or of applicable law — except to the extent the claim results from our own wrongdoing.

14. Termination

• You may end this agreement at any time by deleting the app. Remember that deleting the app does not cancel an active subscription (section 5.4), and that it destroys your local work (section 9).
• We may suspend or terminate your licence if you materially breach these Terms — in particular sections 2 and 4 — after notice where it is reasonable to give notice.
• Sections 3, 6, 7, 8, 9, 11, 12, 13, 17 and 19 survive termination.
• Termination for breach does not automatically entitle you to a refund; refunds remain a matter for Apple or Google (section 6).

15. Privacy

Your use of Sketcha is also governed by our Privacy Policy, available at https://getsketcha.com/privacy, which forms part of these Terms. In short: your artwork never leaves your device, and the only data processed remotely is purchase data handled by RevenueCat and by Apple or Google.

16. Apple and Google as third-party beneficiaries

The following applies where you obtained the app from the Apple App Store:

• These Terms are between you and Gambit only, not with Apple. Apple is not responsible for Sketcha or its content.
• Apple has no obligation to provide maintenance or support for Sketcha.
• If Sketcha fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to Sketcha.
• Gambit, not Apple, is responsible for addressing any claim relating to Sketcha, including product-liability claims, claims that the app fails to conform to a legal requirement, and consumer-protection claims.
• Gambit, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party intellectual-property infringement claim relating to Sketcha.
• You represent that you are not located in a country subject to a US Government embargo or designated as "terrorist supporting", and that you are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Where you obtained the app from Google Play, the Google Play Terms of Service apply to that distribution, and Google is likewise not a party to these Terms and not responsible for the app.

17. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Türkiye, without regard to conflict-of-law rules.

The Istanbul (Çağlayan) Courts and Enforcement Offices shall have jurisdiction over any dispute arising out of or in connection with these Terms. (Owner: replace with the courts of Gambit's registered place of business.)

If you are a consumer, this choice of law and forum does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence, and it does not remove your right to apply to the competent consumer arbitration committee (Tüketici Hakem Heyeti) or consumer court in your own place of residence.

18. Changes to these terms

We may update these Terms. When we do, we will change the effective date above and, for any material change, give notice inside the app or through the store listing before it takes effect. Continuing to use Sketcha after a change means you accept the new Terms. If you do not accept them, stop using the app and, if you have a subscription, cancel it as described in section 5.4.

Changes never apply retroactively to a purchase you have already made.

19. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Gambit about Sketcha.
• Severability. If a provision is held invalid, the rest remains in force and the invalid provision is replaced by a valid one closest to its intent.
• No waiver. Not enforcing a right is not a waiver of it.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets, on notice.
• Language. These Terms are published in English and Turkish. In case of a discrepancy, the Turkish text prevails for users resident in Türkiye and for the purposes of Turkish law; the English text prevails elsewhere.

20. Contact

Gambit — Türkiye Email: hello@getsketcha.com