Terms of Use

1. Introduction and Acceptance

When you sign up for, access, or utilize Talkera via the website or mobile application (collectively referred to as "Talkera" or the "Application"), these Terms of Use automatically become binding upon you. We strongly encourage you to review them thoroughly prior to using our services.

The Application delivers services that enable users to interact with an artificial intelligence-powered conversational assistant (the "Services").

These Terms of Use exclusively authorize you to utilize the Application for accessing Services as described within this document. Copying, altering, or modifying the Application, any portion thereof, or our brand identifiers in any manner is strictly prohibited. Attempting to extract the Application's underlying code is forbidden, as is translating the Application into different languages or creating modified versions. The Application and all associated brand identifiers, copyrights, database rights, and additional intellectual property rights remain the exclusive property of Marsby Teknoloji A.Ş. ("Company").

2. Company Information

3. Contracting Parties

This agreement is established between the Company and you, the User, upon downloading, installing, registering for, accessing, or utilizing the Application through the Apple App Store, Google Play, or the Company's digital platforms. This agreement becomes active upon your electronic acceptance.

By obtaining the Application through the Apple App Store or Google Play, or by registering, accessing, or using the Company's digital platforms, you confirm, commit, and declare that you have thoroughly reviewed all provisions herein, comprehended the complete contents, and accepted all terms.

Should the User qualify as a "consumer" according to applicable Turkish Consumer Protection legislation (Law No. 6502) and related consumer regulations, the User may exercise consumer rights and protections to the extent applicable. If classified as a consumer under Law No. 6502 or other relevant legislation, the User should provide appropriate advance notice to the Company when exercising consumer rights. The User acknowledges understanding this situation and agrees to comply with applicable consumer legislation when necessary.

4. Important Legal Notice

THIS DOCUMENT CONSTITUTES A LEGALLY ENFORCEABLE AGREEMENT. Should you not comprehend this agreement or decline to be bound by it or the referenced Privacy Policy, you must immediately exit the Apple App Store, Google Play, and all digital platforms, and you are not permitted to use or access any of the Services.

Depending on the legal framework of your jurisdiction, you may possess certain rights that cannot be waived through this agreement and that supplement the terms contained herein. Certain provisions of this agreement might be unenforceable in your jurisdiction. To the extent any term or condition proves unenforceable, the remaining provisions shall continue in full effect.

You hereby confirm that you are at minimum 18 years of age (or if younger than 18 or below the legal age of majority in your location, that you are utilizing the platforms exclusively with parental or legal guardian approval), that you possess legal capacity to enter this agreement, and that you have completely read, understood, and agree to be bound by this agreement.

USERS YOUNGER THAN 16 YEARS OF AGE ARE NOT PERMITTED TO USE THE APPLICATION.

3.1 Notice for Parents and Legal Guardians

By authorizing your child to download, install, use, access, register with, or make in-app purchases within the Application, you hereby accept the terms of this agreement on behalf of your child. You bear responsibility for supervising your child's online and offline activities. If you do not accept this agreement, please prevent your child from using the Application or its associated features. If you are a parent or legal guardian of someone under 18 and believe they are using the Application without your prior authorization, please contact us at info@themarsby.com.

5. License Authorization

Subject to your adherence to the terms of this agreement, the Company grants you a restricted, non-exclusive, revocable, non-sublicensable, non-transferable license to access, download, and install the current generally available Application version on a single, authorized mobile device that you own or control, exclusively for your lawful, personal, end-user, and non-commercial purposes.

All Company Applications are safeguarded by copyright legislation and international copyright treaties, along with other intellectual property laws and treaties. The Company maintains exclusive ownership of all software, design elements, source code, object code, directories, images, and content available within the Applications. The Company reserves all rights not expressly granted to the User under the intellectual property provisions herein. The Company retains copyright ownership of the Applications. The User shall not duplicate, copy, distribute, or process advertisements, images, texts, visual and audio content, files, databases, catalogs, and lists within the Applications. Renting, leasing, lending the Applications to anyone, or permanently transferring any rights under this agreement is prohibited. The Company assumes no responsibility for consequences arising from using Applications acquired illegally or through unauthorized distributors.

6. Application Usage Guidelines

6.1 General Usage Terms

The Company, a Turkish corporation located in Ankara/Türkiye, provides you, the User, with the Application, its website, branded mobile applications, and all related documentation (each a "Company App" and collectively the "Company Apps") available through the Apple App Store and/or Google Play. You agree to be bound by these service terms whenever you use or access a Company App.

These terms and conditions are established by the Company for its products or services on the Apple App Store, Google Play, and other digital platforms (each a "Company Service" and collectively the "Company Services"). Your use of the Company Services requires your acceptance and compliance with these terms.

"Use" or "using" means to access, utilize, install, download, register with, copy, make in-app purchases, or otherwise benefit from the Application's functionality as per the documentation.

Please review this End-User License Agreement (the "Agreement") carefully before accessing, installing, downloading, registering with, or using any Company Apps, as this Agreement governs your Use of the Company Apps and how we provide them. If you do not accept these terms, do not use the Company Services.

6.2 Terms Updates

Your Use or access of the Company Services is also subject to the Company's Privacy Policy. Additionally, you agree to follow our rules, policies, and procedures that we may publish on the Company Services periodically. We reserve the right to modify these terms at any time without notice. In-app messages notifying you of such changes when you open, use, or access the Company Apps shall constitute reasonable notification. Your continued use of the Company Apps after we post amendments signifies your acceptance of such changes. If you disagree with any amendment, you must discontinue using the Company Apps.

6.3 Scope Clarification

All provisions in this Agreement referencing the Company Apps and Company Services are general terms established by the Company regarding its products and services. These provisions, while binding for the User, only grant the User rights specified herein for the Application. This Agreement cannot be interpreted as granting any rights to the User regarding other Company Apps or Company Services.

7. Prohibited Activities and Restrictions

7.1 Restricted Use

While using the Application, Users declare and commit not to engage in actions contrary to law, morality, or that may damage the opportunity to benefit from the Company Services. The Company assumes no responsibility or indemnification liability for damages arising from any breach of this article. In the event of a breach, the Company reserves the right to terminate this Agreement, block User access either temporarily or permanently, and pursue civil and criminal law remedies.

7.2 Prohibited Actions

The User shall not rent, sell, lease, sublicense, distribute, assign, copy (except a single backup copy), or transfer the Application or any rights arising from it in any way, grant any rights to third parties, or use the Application for third-party benefit. Unless expressly authorized by the Company, the User is prohibited from making the Application available over a network for multiple users to download or use.

The User agrees not to use any robot, spider, automatic or manual device, or process to interfere or attempt to interfere with the proper working of the Application, except to uninstall or remove the Application from a device you own or control. Users shall not deliver unlawful information or share harmful data such as chain mail, malware, or viruses. Users shall not violate or attempt to violate the security of Company Services except as permitted by this Agreement and applicable law.

7.3 Technical Restrictions

Users cannot copy, adapt, translate, decompile, reverse engineer, disassemble, modify, recode, or create derivative works of the Application, nor advertise the Application in any form. Users shall not access, create, or modify the Application's source code in any way. Users have no right to create derivative works of the Application or any portions thereof. All modifications or enhancements to the Application remain the sole property of the Company.

Users agree and commit not to engage in any act to find, obtain, or copy the Application's source code; shall not synchronize the Application with other software or hardware in any way; shall not violate computer network security; shall not hack security passwords and codes; shall not attempt to deliver SPAM mail or upload malware; and otherwise agree, declare, and commit to assume liability for any damages to the Company and third parties.

7.4 Content Guidelines

Users agree, accept, and commit not to use the Application:

• In any way that violates any applicable national, federal, state, local, or international law or regulation
• For exploiting, harming, or attempting to exploit or harm minors in any way
• To generate or disseminate verifiably false information intended to harm others
• To generate or disseminate personally identifiable information that can be used to harm an individual
• To defame, disparage, or otherwise harass others
• For fully automated decision making that adversely impacts an individual's legal rights or creates binding, enforceable obligations
• For any use intended to discriminate against or harm individuals or groups based on online or offline social behavior or personal characteristics
• To exploit vulnerabilities of specific groups based on age, social, physical, or mental characteristics to materially distort behavior in a manner causing physical or psychological harm
• For any use intended to discriminate against individuals or groups based on legally protected characteristics
• To provide medical advice or medical results interpretation
• To generate or disseminate information for administration of justice, law enforcement, immigration, or asylum processes

8. Intellectual Property Rights

The Company is the sole proprietor of products, services, projects, documents used in connection with the Services, including visuals, texts, bulletins, slogans, videos, designs, know-how, business data, illustrations, databases, system flow data, logos, emblems, data, ideas, trademarks, trade dress, flows, source codes, research, codes, methods, statistical figures, and financial and moral rights, as well as all other intellectual property rights during preparation for the Agreement and during its term for the supply of Services.

All rights vested under the Law on Intellectual and Artistic Works numbered 5846 of Turkey ("Law No. 5846") and applicable legislation in connection with such contents shall be the exclusive property of the Company. The User agrees and represents not to commit any reverse engineering or attempt to find or acquire the source code, nor violate network security or crack security encryption codes, nor send SPAM mails or load malicious software.

"Intellectual property rights" means rights under patent, trademark, copyright, and trade secret laws and any other intellectual property rights recognized in any country or jurisdiction worldwide, including moral or similar rights. The User may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice the Company or Third-Party Partners have placed on or within the Application. All rights not expressly granted herein are expressly reserved to the Company and its licensors.

8.1 User Responsibility

The User is solely responsible for any content they contribute, submit, display, or for any adaptations of works made on or through use of the Application. It is the User's obligation to ensure such content, including photos, texts, documents, videos, and music files, is lawful and does not violate any rights including copyright or other intellectual property rights. The User accepts, declares, and commits that they are legally entitled to any data, information, or content they use, and that such use does not violate any applicable law or third-party rights. The User agrees to compensate any damage incurred by both the Company and third parties due to unauthorized use of data, information, or content.

8.2 Content Removal

The Company respects and expects its Users to respect copyright holders' rights. Upon notice, the Company will act appropriately to remove content that infringes others' copyright rights. The Company reserves the right to disable Application access for anyone who repeatedly infringes intellectual property rights of others.

The Company also acts to remove objectionable content, including but not limited to: unlawful, harmful, threatening, abusive, harassing, defamatory, or libellous content; hateful content or content advocating hate crimes, hate speech, discrimination, harm, or violence; content that may harm minors; content that stalks or harasses another; private information regarding individuals; vulgar, offensive, obscene, or pornographic content; unauthorized advertising; pyramid schemes; and material containing malware or viruses.

9. User Content

You may provide, upload, transmit, create, store, use, edit, or share content such as text, entries, information, questions, queries, links, documents, images, photos, visual records, screenshots, graphics, materials, and any other data with or through Services ("Input"); and receive content such as text, phrases, responses, links, documents, images, photos, audio and visual records, voice recordings, or other data edited, created, generated, or returned by Services ("Output"). Input and Output are together referred to as "User Content." You may only upload, transmit, create, store, use, edit, and share User Content provided it is in accordance with these Terms of Use and any applicable laws.

You represent and warrant that you own the Input; have all consents, permissions, licenses, and rights necessary to provide and license the Input as set forth herein; and that you have the legal capacity necessary to provide and license the Input and enter into these Terms of Use in the relevant jurisdiction.

From the time of uploading or transmission of Input, you grant the Company a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sublicensable, transferable, worldwide license and right to store, use, broadcast, reproduce, modify, make derivative works of, record, sublicense, translate, transmit, publish, publicly display, or otherwise exploit, for the limited purpose of operating, improving, troubleshooting, debugging, protecting, and customizing the existing and future products of the Company and its affiliates, developing new features or future products, in all formats and mediums and with any technology now known or hereafter developed, without notice, permission, payment, or any additional compensation to you or a third party.

9.1 Content Responsibility

The Company does not approve, endorse, verify, or control User Content. You are solely and strictly responsible and liable for User Content and the consequences of posting or publishing them in any way, including for ensuring that User Content does not violate any applicable laws and these Terms of Use. Additionally, you understand and agree that the Company shall have no responsibility or liability whatsoever for User Content and copyrightable materials such as literary works, phrases, entries, text, and any other materials, which may be provided to or in the Services.

You shall not upload, transmit, create, store, edit, use, or share any User Content or use the Application in a manner that violates these Terms of Use and any applicable laws. Furthermore, you may not use or benefit from the Application to develop models that may compete with the Application or Company.

9.2 Output Understanding

You understand and agree that: (i) Output is generated by Artificial Intelligence; (ii) Output might be false, inaccurate, or misleading; (iii) the Company does not represent or warrant that Output is accurate, genuine, or true, or suitable for your use or needs; (iv) Output is not advice, guidance, or information provided by the Company in any way and does not represent the Company's view; (v) the Company shall not have any obligation or liability whatsoever for Output, and is not liable for any damage resulting from or in relation to the Output; (vi) your use of any Output is entirely at your own risk; (vii) you should not rely on the Application as your sole source of information.

Additionally, you understand and agree that Output may not always be unique as same or similar input provided by other users might receive same or similar outputs. You may not use the Application to mislead any third party into believing that the Output has been produced solely by a human. Furthermore, do not use the Output for any purpose that may have a legal or material impact on an individual, such as making important decisions about that individual.

10. Third-Party Partners and Services

The Application allows you to enjoy various features, functionalities, and other Services, which may change periodically ("Application Functions"). The Application Functions are provided by the Company and third-party suppliers who offer content and services in conjunction with or through the Application ("Third-Party Partners").

10.1 Third-Party Content

The Application may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and content. If the Application includes third-party services and content, such services and content are subject to the third party's terms of service and privacy policies, which can be found on the relevant Third-Party Partners' websites. The Company has no control over such websites and resources, and you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such website or resource. The Company shall not be a party to or in any way responsible for monitoring any transaction between the User and Third-Party Partners.

10.2 Access to Third-Party Content

All services, advertising, feeds, and content, including all data, links, articles, graphic or video messages, and all information, text, software, music, sound, graphics, or other materials ("Content") made available or accessible via the Application, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You acknowledge and agree that by using the Application you may be exposed to Content that may be offensive, indecent, or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

Any links to third-party apps or websites are provided for your convenience only and are subject to the third party's terms. The Company is not responsible or liable for those websites, products, or services. Therefore, you should consider, check, and comply with third-party apps or websites rules and conditions (including privacy policies) while using the Application and its features with other apps and websites.

11. Registration and Account Security

11.1 Registration

Most of the Application features will not require registration; nevertheless, some features may permit or require you to create an account to participate or access additional features or functionalities ("Registration"). If Registration is required, it will be made known to you when you attempt to access such additional features. Any registration required by Third-Party Partners is not governed by this Agreement, and you should refer to the relevant Third-Party Partners' website for their policies.

11.2 Passwords

You are the sole and exclusive guardian of any password and ID combination issued or chosen by you. Maintaining the confidentiality and security of your passwords and IDs is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed, or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including any loss, theft, leak, or unauthorized use of your passwords and IDs or any related account. If we have reasonable grounds to suspect that the security of your password and ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.

11.3 Provided Information

If you provide any information in connection with Registration, you are required to provide or maintain accurate, complete, and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current, or not complete, we may suspend or terminate your use of the Application and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of the Application and our services, as per the Privacy Policy.

11.4 Authentication

Users may benefit from the basic functions and Services of the Application without Registration. Upon User's sole discretion, Users may register using authentication methods provided by Third-Party Partners (such as logging in through Google, Apple, email accounts, or phone numbers). Such Registration allows the User to use and benefit from additional functions and Services. The responsibility to ensure the security and to duly store access tools used by the User to benefit from the Services and to keep them away from the reach and use of third parties shall belong to the User. Every transaction made with the User's authenticated account shall be deemed to be made by the User itself. The Company shall not be responsible for any direct or indirect damages incurred by the Users or third parties due to all negligence and faults of the User in matters such as security, storage, keeping away the information of third parties, and use of the User's means of accessing the system and Application. The Company reserves its right of recourse.

12. Security

The Application, like other user technologies in the relevant market, may not be 100% secure. By accepting this Agreement, you acknowledge and accept that the Application and any information you download or offer to share by means of the Application may be exposed to unauthorized access, interception, corruption, damage, or misuse and cannot be regarded as 100% secure.

You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access or cyber-attacks, including by such means as using complex password protection. You agree that the Company shall not be liable for any unauthorized access to your mobile device or the app data thereon.

In regard to malware protection, platform providers may receive information regarding your device's network connections, potentially harmful URLs, the operating system, and apps installed on your device through app stores or from other sources in order to protect you against malicious third-party software, URLs, and other security issues. Platform providers may warn you if they consider an app or URL to be unsafe, or may remove or block its installation on your device if known to be harmful to devices, data, or Users.

13. Payments and Subscriptions

13.1 In-App Purchases

The Application will be released and distributed in the global market through the Apple App Store, Google Play, and the website. The Application will offer certain features and limits to the User as paid features. If you wish to use such paid features under this Agreement, you will need to make payment before accessing the paid feature. For certain membership models, payment and purchase can be made via the Apple App Store or Google Play if the Company offers the relevant services via mobile application. Your purchase and payment processes may vary depending on the platform used. Please carefully read the rules set by the relevant platform regarding purchase and payment transactions.

13.2 Subscription Terms

Such purchase features are offered on an annual, semi-annual, quarterly, monthly, or weekly basis and will be re-billed every period depending upon the auto-renewable subscription model until cancelled by the User. An email will be sent in advance of renewal containing a hyperlink to manage the subscription procedure.

Purchases made on our website are processed and handled by Payment Processing Platforms (such as Paddle.com Inc. or Paddle.com Market Ltd.) and are not stored or processed on our servers. By making a purchase, you must also agree to the Terms and Conditions of the Payment Platform. You acknowledge and agree that you are fully responsible for managing your purchases on the Application and the amount you spend on purchases within the Application.

13.3 Payment Processing

Your relationship with Payment Platforms is governed by their respective Terms and Conditions and Privacy Policy. The Payment Platform's Privacy Policy applies whenever you purchase content using the Payment Platform. You are responsible for all amounts payable associated with purchases made through the Payment Platform. The Payment Platform may make available various payment processing methods to facilitate purchases. You are required to abide by any relevant terms and conditions or other legal agreement that governs your use of a given payment processing method. The Payment Platform may add or remove payment processing methods at its sole discretion.

13.4 Minors and Purchases

If you are under 18, you are legally required to have your parents' or legal guardians' permission to make any purchases. By completing a purchase, you are confirming to us that you have any and all permission that may be necessary to allow you to make that purchase. If you are a parent or legal guardian of someone under 18, we recommend that you consider any parental control if you are concerned that your child may make excessive purchases.

13.5 Cancellation and Refunds

In-app purchases are purchased from and billed by the Payment Platform, not the Company. These purchases are subject to the terms and conditions of the Payment Platform. All billing and refund inquiries shall be directed to the Payment Platform. The Company does not have access to the Payment Platform accounts and transactions.

In some countries, there are specific time periods to cancel online purchases after purchasing them as provided by law (such as for European Union residents). Your right to cancel in-app purchases will rely on the country you reside in. Since payment processes of certain purchases will be conducted by the mobile platform owner, failure to follow certain local laws regulating the right to cancel will be subject to mobile platform owners' terms. Please review the mobile platform owner's terms in this regard before purchase.

You can find further information on canceling orders and any associated refunds on the website of the third-party reseller from whom you purchased the app (the Apple App Store or Google Play) or the third-party platform where you made the purchase.

13.6 Technical Issues

Provided that it is not due to the User or the device used by the User or the technical characteristics of the device used by the User, if any purchase is not successfully completed or the services do not work as specified once the purchase is completed, or if your preferred membership model allows you to use our services through both a mobile application and a web browser but you are unable to use our services in either after making a purchase, we will, after becoming aware of the issue or being notified by you, investigate the reason for the issue. If you notice such an issue, please contact us immediately at info@themarsby.com. Our technical team will use reasonable endeavors to resolve the issue and contact you as soon as possible.

14. Updates and Access

14.1 Application Updates

The Company reserves the right to add or remove features or functions to the existing Application. When installed on your mobile device, the Application periodically communicates with our servers. The Company may require the updating of the Application on your mobile device when the Company releases a new version or makes new features available. This update may occur automatically or upon prior notice and may occur all at once or over multiple sessions.

You understand that the Company may require your review and acceptance of the Company's then-current Agreement before you will be permitted to use any subsequent versions of the Application. You acknowledge and agree that any obligation the Company may have to support previous versions of the Application may be ended upon the availability of updates, supplements, or subsequent versions. You acknowledge and agree that the Company has no obligation to make available to you any updates, supplements, or subsequent versions of the Application.

Such updates may be necessary for you to use app stores or to access, download, or use content. By agreeing to these terms and using app stores, you agree to receive such updates automatically. You may be able to manage updates to certain content via settings in app stores. If it is determined, however, that the update will fix a critical security vulnerability related to the content, the update may be completed irrespective of your update settings.

14.2 Access Requirements

You must provide at your expense the equipment, internet connections, devices, and service plans to access and use the Application. If you access the Application through a mobile network, your network or roaming provider's messaging, data, and other rates and fees may apply. You are solely responsible for any costs you incur to access the Application from your device.

Downloading, installing, or using certain Applications may be prohibited or restricted by your network provider, and not all Applications may work with your network provider or device. The Company makes no representation that the Application can be accessed on all devices or wireless service plans. The Company makes no representation that the Application is available in all languages or that the Application is appropriate or available for use in any particular location.

You must keep your account details secure and must not share them with anyone else. You must not collect or harvest any personal data of any User of app stores or websites or of any User of other Services via app stores or websites, including account names.

14.3 Network Access

The Company may restrict or terminate access to the Application at any time without giving any further notice in case the operating security of the network is at risk, in order to ensure the continuity of access to the network, to prevent malfunctions that may occur in network, software, or uploaded files, to prevent or reduce the adverse effects of possible disruptions, and in other cases deemed necessary.

15. Data Collection and User Reviews

You agree that we may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. We may use this information as per the Privacy Policy.

If you choose to provide app store reviews or reviews via any social media channel or other similar communication or messaging features or services, such information may be made publicly available, including the public-facing username as it appears with the review. If you prefer that we do not use promotional purposes, you may elect for us not to do so by submitting your request to info@themarsby.com (please also indicate your name, mailing address, and email address).

For security purposes, please do not include any password, social security number, national ID number, payment card, or other sensitive information via these features. We have the right, but not the obligation, to monitor messages and communications between and among Users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.

The Company does not and cannot pre-screen or monitor all content. Nevertheless, our representatives may monitor content submission through the Application, and you hereby provide irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any content. The Company has the right, but not the obligation, in its sole discretion to edit, modify, and refuse to post or remove any content.

16. Rights Infringement

The Company attaches great importance to confidentiality, intellectual property rights including copyrights, and personal data; and takes care to be transparent about them. While using the Application, Users declare and commit to use the Application following the principles in this Agreement and other texts provided by the Company. Users shall only upload materials they produce or are authorized to use to the Application. Users declare and commit not to infringe any rights of other Users under this Agreement.

However, if you believe in good faith that materials transmitted or created through the Application infringe your copyright, your personal right, or privacy, you may send the Company a notice requesting that we remove the material or block access to it by contacting us at info@themarsby.com.

The Company shall be entitled to terminate the User's access to the Application if, under appropriate circumstances in line with these provisions, the User is determined to be a repeat infringer.

You may not use app stores or any content or the Application in conjunction with any stream-ripping, stream capture, or similar software to record or create a copy of any content or additional in-app features that are presented to you in streaming format, if any. Besides, you may not remove any watermarks, labels, or other legal or proprietary notices included in any content or additional in-app features or attempt to modify any content obtained through app stores, including modification for the purpose of disguising or changing any indications of the ownership or source of content and/or the Application.

17. Medical Disclaimer

• Our Services are not intended, prepared, developed, or implied to be used for the diagnosis, prevention, or treatment of any illness, disease, or condition, or to be a substitute for medical advice, medical care, or psychological counseling.
• The Application or the Company is not a medical or health care professional in any sense and does not provide services in the diagnosis, examination, or treatment of medical or health conditions of any kind. We have no expertise in these areas.
• Using the Services or any other communication from us does not create or imply a medical professional/health care provider-patient relationship whatsoever (e.g., doctor-patient or psychologist-patient relationship).
• The Application or the Company does not and is not obliged to provide emergency services of any kind. There is no obligation for us to contact you or anyone else regarding your medical or health condition or their treatment. In the event of a medical emergency, you should call your local emergency service.
• We recommend that you always consult a professional health care provider if you have any questions about your health, medical, or mental condition.
• You should never disregard, avoid, or delay seeking professional medical care and advice because of anything you have read or obtained through the Services.
• You should immediately consult a professional health care provider if you have or suspect that you may have a medical condition or a mental health concern.

18. Application Removal

Uninstallation and removal procedures vary depending on your device. To uninstall and remove the Application, please use the application manager provided with your device or consult your device manual for further reference.

19. Defective Content

Once the Application is available to you through your account, you are required to check the content as soon as reasonably possible to ensure that the Application functions and performs as stated, and notify us or the app store as soon as reasonably possible if you find any errors or defects.

20. Warranty Disclaimer

To the extent permitted by applicable law, all Applications are provided on an "AS IS," "WITH ALL FAULTS," and "AS AVAILABLE" basis, and you use them at your sole risk. Subject to applicable law, the Company, on behalf of itself, its affiliates, licensors, distributors, vendors, agents, and suppliers, expressly disclaims any and all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, non-infringement, and any other warranty arising from the relevant legislation.

Without limitation, the Company makes no warranty that the Application will meet your requirements, that it will be uninterrupted, timely, secure, or error-free, that the results obtained from use of the Application will be accurate or reliable, or that the quality of the Application will meet your expectations.

The Company assumes no liability or responsibility for any property damage of any nature whatsoever resulting from your access to and use of the Application; any unauthorized access to or use of our secure servers and any personal information or financial information stored therein; any interruption or cessation of transmission to or from the Application or servers; any bugs, viruses, Trojan horses, or like which may be transmitted to or through the Application by any third party; or any errors or omissions in any content or for any loss or damage of any kind incurred as a consequence of the use of any content posted, emailed, transmitted, or otherwise made available via the Application.

The entire risk arising out of use or performance of the Application remains solely on you. The Company expressly disclaims all warranties relating to products or services provided by Third-Party Partners. This warranty disclaimer constitutes an essential part of this agreement.

21. Limitation of Liability

To the extent permitted by applicable laws, you expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other, resulting from: (i) the use or the inability to use the Application; (ii) unauthorized access to or alteration of your transmission or data; (iii) statements or conduct of any third party; or (iv) any other matter relating to the Company.

In no event shall the Company's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you for accessing the Application. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Nothing contained in this Agreement shall be deemed or construed to create any employee/employer relationship under the Labor Code numbered 4857 of Turkey or applicable legislation.

The Company is committed to ensuring that the Application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the Application or to charge for its services, at any time and for any reason. We will never charge you for the Application or its Services without making it very clear to you exactly what you are paying for.

The Company stores and processes personal data that you have provided to us in order to provide our Service. It is your responsibility to keep your phone and access to the Application secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware, viruses, and malicious programs, compromise your phone's security features, and could mean that the Application will not work properly or at all.

You should be aware that there are certain things that the Company will not take responsibility for. Certain functions of the Application will require the Application to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but the Company cannot take responsibility for the Application not working at full functionality if you do not have access to Wi-Fi and you do not have any of your data allowance left.

If you are using the Application outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Application, or other third-party charges. In using the Application, you accept responsibility for any such charges, including roaming data charges if you use the Application outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the Application, please be aware that we assume that you have received permission from the bill payer for using the Application.

Along the same lines, the Company cannot always take responsibility for the way you use the Application. You need to make sure that your device stays charged – if it runs out of battery and you cannot turn it on to avail the Service, the Company cannot accept responsibility.

With respect to the Company's responsibility for your use of the Application, when you are using the Application, it is important to bear in mind that although we endeavor to ensure that it is updated and always correct, we do rely on third parties to provide information to us so that we can make it available to you. The Company accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the Application.

At some point, we may wish to update the Application. The Application is currently available on iOS and Android – the requirements for system (and for any additional systems we decide to extend the availability of the app to) may change, and you will need to download the updates if you want to keep using the Application. The Company does not promise that it will always update the Application so that it is relevant to you and/or works with the iOS or Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the Application and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination: (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Application and (if needed) delete it from your device.

While using the Application, please be aware that the services provided by the Application cannot be deemed professional healthcare and/or mental health services, therefore shall not be considered as medical and/or professional advice. The Company shall not be responsible for any of the information, data, or communication provided as Output through the Application.

22. Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, and the Company's and its affiliates' officers, directors, licensors, partners, shareholders, licensees, contractors, agents, attorneys, employees, and third-party service providers (collectively, the "Indemnitees") from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees (collectively, "Claims"), that actually or allegedly and directly or indirectly result from your information, use of the Services, or your breach of this Agreement.

You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee's right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against any Indemnitee, provided that you will not agree to any settlement that imposes any obligation or liability on any Indemnitee without the Company's prior express written consent.

You agree to indemnify and hold harmless the Indemnitees from any Claim that alleges, directly or indirectly, that any User Content provided by you infringes the Intellectual Property Rights of any third person or that directly or indirectly results from your breach of these Terms of Use.

23. Agreement Duration and Termination

23.1 Term

This Agreement shall become effective on the date it is approved and shall remain in force as long as the User maintains to use the Application and shall continue to be effective and operative as between the Company and the User legally.

23.2 Termination by Company

The Company may unilaterally terminate this Agreement without any obligation of compensation and further notice under any circumstance where the User acts in breach of this Agreement, or any other agreements to be executed or rules applicable to different services offered over app stores or Payment Platforms, in particular the following circumstances:

• If the User manipulates the operation of the Application by employing any method
• If the User acts in breach of the provisions of this Agreement or any other agreements to be executed over app stores or Payment Platforms
• If the User commits any act that violates third-party rights
• If data, contents, visuals, texts, and articles shared with the Application by the User have unlawful elements, or even if they are free of unlawful or immoral elements, posting such content at the Application for unlawful or immoral purposes

23.3 Effects of Termination

You agree that the Company shall not be liable to you or any third party for any termination or disabling of the Application. Promptly upon termination of this Agreement, you must cease all use of the Application and uninstall, remove, or destroy all copies of the Application in your possession or control. Termination shall not limit any of the Company's other rights or remedies at law.

Without prejudice to any other rights, the Company may terminate this Agreement if the User fails to comply with the terms of this Agreement and other documents referred to herein. In such event, the User must uninstall or remove the Application.

24. Force Majeure and Governing Law

24.1 Force Majeure

In all circumstances that constitute a force majeure event in legal terms, the Company shall not be held liable for its failure to perform its obligations hereunder or to perform them late or incompletely as agreed herein. Such failures shall not be considered a default, or incomplete or faulty performance, and no claim of compensation shall be made against the Company.

The term "force majeure events" herein refers to any event that is beyond the reasonable control of the affected party and that cannot be avoided despite the reasonable care and diligence shown by the Company, including but not limited to: acts of God, riots, insurgences, turmoil, war, communication interruptions, infrastructure and internet network failures, power failures, mobilization, strike, fire, explosion, terrorism, cyber-attack, long-term and far-reaching power outage, internet outage, computer viruses, legislative amendments, and adverse weather conditions.

The User shall not be able to accrue default interest or claim indemnification from the Company under any name whatsoever for the delayed, incomplete, or non-performance of any of the provisions in this Agreement due to force majeure events.

24.2 Governing Law

This Agreement and legal relations arising hereunder shall be governed and construed as per Turkish law. Turkish Courts (Ankara Courts and Execution Offices) shall have jurisdiction over any actual or potential dispute arising from this Agreement. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to such jurisdiction and venue.

25. Modifications to Terms

We may unilaterally amend and update our Terms of Use periodically. Thus, you are advised to review this page regularly for any changes. We will notify you of any changes by posting the new Terms of Use on this page. These amendments shall be effective on the date when they are published. You are obliged to follow these amendments and updates and shall be deemed to have agreed with these amendments if you confirm these amendments or continue to use the Application following the publication.

You acknowledge that you cannot gain a title or status of the Company's representative, authorized person, agent, commercial representative, stakeholder, solution or business partner, dealer, etc. by concluding these Terms of Use; therefore, you shall not be able to disclose a notification to be interpreted as such in any documents, brochures, and advertisements to be arranged by and between third parties, on your website, or in your references.

26. Entire Agreement and Severability

These Terms constitute the entire agreement between you, as the User, and the Company relating to the use of the Application and Services and supersedes all prior or contemporaneous understandings regarding such subject matter.

No amendment to or modification of this Agreement will be binding unless in writing and signed by the Company. The failure of either party to enforce any rights granted hereunder or take action against the other party in the event of any breach herein shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Any translation of this Agreement is done for local requirements, and in the event of a dispute between English and any non-English versions, the English version of this Agreement shall govern to the extent not prohibited by law.

If any terms or provision of this Agreement is declared void or unenforceable in a particular situation by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible, the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the terms.

27. Contact Us

If you have any questions or suggestions about this Agreement, do not hesitate to contact us.