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User Agreement

ARTICLE – 1 PARTIES

This User Agreement (“Agreement”) was executed by and between Ayasis Yazılım ve Bilişim Teknolojileri Limited Şirketi (“the Company”) located at Yıldız Teknik Üniversitesi Davutpaşa Kampüsü Teknopark D2 Blok No: 1B06 Esenler/Istanbul and all individuals (“Members”) using MentalUP products/services in www.mentalup.net and www.mentalup.co web sites and MentalUP mobile application (“MentalUP”) owned and operated by the Company in electronic environment. The Company and the Member shall be referred to as “the Parties” collectively.

ARTICLE – 2 SUBJECT OF THE AGREEMENT

The subject of this Agreement is to determine the conditions to benefit from the Service and the conditions of use of the Service by the Member through MentalUP, which the Company is the owner of.

ARTICLE – 3 ESTABLISHMENT OF THE AGREEMENT
  • THE MEMBER AGREES THAT HE/SHE HAS READ AND UNDERSTOOD THE CONTRACT AND IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS HEREUNDER.
  • THE PARTIES AGREE THAT THERE IS NO DISPROPORTION BETWEEN THE AGREEMENT AND THE SUITABILITY OF MUTUAL OBLIGATIONS AND MUTUAL OBLIGATIONS SPECIFIED HEREIN CONFORM TO THE QUALITY OF THE WORKS AND THE PARTIES HAVE NO INEXPERIENCE WITH RESPECT TO THE PROCEDURES AND TRANSACTIONS COVERED HEREBY.
  • THE MEMBER AGREES THAT HE/SHE HAS FULL OPINION THAT ALL TRANSACTIONS IN THIS AGREEMENT CONFORM TO HIS/HER BENEFITS AND HE/SHE SHALL ABIDE WITH ALL TERMS BY TAKING INTO CONSIDERATION ALL RELEVANT ELEMENTS IN HIS/HER OWN FREE WILL, WITHOUT ANY DIFFICULTY OR CONSTRAINT, AS A RESULT ACHIEVED BY REASONING, WISHING AND KNOWING.
  • THE PARTIES AGREE THAT THE TERMS OF THE AGREEMENT DO NOT HAVE ANY PARTICULARITY WHICH MAY BE CONSTRUED AS UNJUSTIFIED RIGHT AND ANY UNJUSTNESS IN TERMS OF THE BALANCE OF BENEFITS.
  • THIS AGREEMENT DOES NOT CONTAIN ANY UNJUSTIFIED TERM IN ACCORDANCE WITH THE TERMS OF THE REGULATIONS ON UNJUSTIFIED CONDITIONS IN CONSUMER AGREEMENTS. BONA FIDES AND THE RULES OF GOODWLL ARE NOT CONTRADICTED AND THEY ARE ISSUED ACCORDING TO THE LEGISLATION ON THE PROTECTION OF CONSUMERS.
  • THE TERMS AND CONDITIONS OF THIS CONTRACT WERE PREPARED BY TAKING INTO CONSIDERATION THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING AND CONTENT CONTROL PROPOSED IN ARTICLE 21 OF THE LAW WAS PERFORMED BY THE MEMBER. THERE IS NO ALIENATION IN ANY OF THE TERMS HEREOF, TO THE NATURE OF THIS CONTRACT AND THE PARTICULARITY OF THE WORK (SURPRISING TERMS). THE TERMS OF THIS CONTRACT WERE WRITTEN IN CLEAR AND COMPREHENSIBLE MANNER AND DO NOT HAVE MORE THAN ONE MEANING.

ARTICLE – 4 DEFINITIONS

“Service”: The Company offers a variety of mental exercises such as memory exercises, attention and concentration exercises, logic and reasoning exercises, visual intelligence and conceptual exercises that enable users to use mental potential effectively and improve their problem solving skills on the Internet, mobile phones, tablets or corporate websites services.

“Fee for Using MentalUP”: The “price” refers to the service price entitling the Company in return for the Service;

“Official Authority”: Any legal or administrative authority, official, semi-formal or autonomous institution, organization, commission and board;

ARTICLE – 5 MEMBERSHIP

5.1. Membership is earned upon completion of membership processes in MentalUP (and upon execution of this Agreement).

5.2. The Member, must be at least 18 (eighteen) years of age (or older) in order to earn membership or open an account and understand and agree to these terms under the article 5.1. . If the member is at least 13 (thirteen) years old and under 18 (eighteen) years of age on condition that he / she has the discrimination power simultaneously, he / she must be a member only with his/her one parent or legal representative and give his / her data,. In this context, the Member declares that his / her parent or legal representative has reviewed and accepted the User Agreement and the Privacy Policy, and that the data is subsequently shared. Neither person under 13 (thirteen) years of age can directly be a member of the MentalUP itself, nor submit his/her own personal data directly.

5.3. Members are obliged to provide accurate, real and up-to-date information about membership procedures. The scope of this information is determined by the Company and can be amended if necessary, and the scope can be extended. The information so shared may any time be amended and updated by the Member. In order for the membership of the member to continue, the Member must provide the information contained in the information list and update it if there is any change.

5.4. The Company may share the Member’s information with the relevant Official Authorities to a limited extent, in order to fulfill the requirements of the regulatory or enforcement proceedings of the Authorities or judicial bodies. If there is no privacy decision of the relevant Authority, the Member shall be notified of the transaction in question.

5.5. The Company may use personal and/or introductory information provided by the Members in the scope of the Service and preferences they have been made while using the Service, agreements or disagreements on the purpose of inspected the system functionality (and/or send to the companies that have entered into a confidentiality agreement with the Company by processing the information); can make anonymous evaluation and statistical studies; the information can be publicized on MentalUP in general.

5.6. If members use a nickname while receiving the Service, the nickname cannot be in conflict with the applicable legislation and morality; and cannot be insulting, or contain words of profanity, swearing, derogation or words that harm personal rights.

5.7. Members can get out of membership when they wish. In this case, the Member will notify the Company of the request to withdraw from the membership via MentalUP and make the necessary actions for deletion of the membership. Upon completion of these procedures, the membership of the Member shall terminate. The rights and obligations arising from the Agreement until the date of withdrawal from membership and the provisions which must remain in force due to their qualifications even if the contract is terminated (compensation for damages, final provisions, etc.) shall not be affected by termination of membership.

ARTICLE – 6 USE OF THE SERVICES BY THE MEMBER AND SERVICE FEE

6.1. The Member may begin to use the Service under the terms of this Agreement after downloading MentalUP, completing the required sections for registration and becoming a party to this Agreement. The Service may only be used by the Member for lawful purposes.

6.2. The Member has the right to benefit from the limited service with the account created by the Member. User anytime can get unlimited service by purchasing any of the monthly, quarterly, semiannual or annual packages, after paying the fee thereof. Details of the Agreement price are detailed in the Purchasing Agreement.

6.3. Member proprietary copies of the invoice(s) issued by the Company shall be retained in the head office of the Company. In case the Member requests the invoice(s) to be sent to his/her address, the invoice(s) can be sent by a courier company to be determined by the Company, to the address of the Member at his/her expense. In addition, upon consent of the Member, the Member proprietary copies of invoice(s) can be transmitted as an electronic invoice to the e-mail address that the Member has given to MentalUP when registering.

6.4. The Company may, at its discretion, create promotional codes or campaigns in connection with its Service. The Company shall notify Members in the case of Promotional Codes or campaigns, in the event that the Member has elected to be notified in this context. The Company shall also be able to notify the Member through instant notifications (push notifications). The Member undertakes not to engage in any transaction and/or action that may exploit the service offered by the Company regarding any promotions or campaigns, and also agrees and undertakes that it has obtained the consents of the parents or legal representatives of individuals who are between 13 to 18 years of age and have the ability of discrimination. Promotional codes or campaigns must be used in line with the intended purpose and in compliance with the law and must not be transferred to another person unless approved by the Company in writing and must be used if the conditions for the promotion or campaign are complied with. Promotions or campaigns may be canceled at any time by the Company without any reason. The Member has no right to raise claims towards the Company in respect to canceled promotion or campaign.

6.5. The Member shall always have the possibility to refuse to accept the commercial electronic message provided at the time of receipt of the commercial electronic message. He/she will always refuse to accept commercial e-mails regarding promotions/campaigns as stated in the relevant communication. Also, if a Member chooses not to receive notifications via instant notification, he will be able to do so from the settings of his device.

ARTICLE – 7 RIGHTS AND LIABILITIES OF THE PARTIES

7.1 The Member declares and undertakes that the personal and other information provided by the Member when registering in MentalUP is true and he/she will immediately compensate the Company for any damages incurred by the Company due to the fact that the personal and other information provided by the Member is not true and and not updated.

7.2 The Member shall have the exclusive right to use the password he or she receives under the membership for using MentalUP. The member cannot give this password any third party. All legal and criminal liability related to the use of access to the system (user name etc.) used to gain access to use the MentalUP and password shall be on the Member.

7.3 A member cannot transfer his membership to another person.

7.4 The Member agrees, declares and undertakes not to violate the provisions of all legal regulations and to infringe such provisions when using MentalUP. Otherwise, all legal and criminal liability to be incurred shall be solely and exclusively the responsibility of the Member.

7.5 The Member shall not use MentalUP in any way that violates public order, violates general morality, disturbs and harasses others, infringes on the opinions and copyrights of others for a violation of the law. Furthermore, it cannot be used in activities that threaten or prevent the operation of MentalUP or the software, such as preventing the use of services by other users or in preventing or complicating the activities (spam, virus, trojan, etc.) and transactions thereof.

7.6 The opinions and ideas expressed by the Members in MentalUP, shared images, messages, comments and expressions used are exclusively own personal opinions and interpretations of the Member, and only the Member is responsible for the results of these opinions and comments. The Company has no interest and relation in such opinions, images, comments, messages and ideas. The Company shall not be liable for any loss suffered by third party individuals or entities due to ideas and opinions declared by the Member or due to damages caused by opinions and ideas declared or the messages, comments or images shared by third party individuals or entities.

7.7 The Company shall not be held liable for any unauthorized seizure of Member’s information and data, and for any damage to the Member’s information and data, in despite of the security measures were taken for necessary information by the Company.

7.8 All materials in MentalUP are provided for educational purposes only. The Company does not guarantee the use of materials in MentalUP, the results of use, the trueness, accuracy,,reliability of the materials in question.

7.9 The Company shall not be responsible for any direct or indirect damages incurred due to use of MentalUP by the Member.

7.10 MentalUP may provide links to other web sites or applications that are not controlled by the Company, not established, operated or edited by the Company, and may contain references to these sites or applications. The Company is not responsible for such other applications or the content of websites or other links and / or references contained therein or products / services provided by them. These links are not intended to support the owner of the linked web site or the person running the site, or any representation or undertaking for any information, expression or visual content contained therein. The Company is also not responsible for advertisements, promotions or banners promoted or promised by MentalUP or linked by MentalUP in the same way.

7.11 The Member agrees, declares and undertakes that MentalUP Privacy Policy accessed via MentalUP is part of this Agreement and that he/she has read and approved the terms contained therein.

7.12 A Member cannot assign the user profile created thereby to any third party or allow the use of that profile by any third party. Members cannot transfer their rights and obligations arising from this Agreement without the Company’s approval. The Company may transfer the rights and obligations arising from the Agreement to third parties.

7.13 If the Member is in breach of the terms of this Agreement, the penal and legal responsibility arising out of the violations shall personally be owned by the Member. The Member shall keep the Company free from all damages, claims, demands and claims that may arise due to violations. Also; the Company reserves the right to claim compensation from the Member of the Company for such violations.

7.14 The Company shall always be entitled to suspend or terminate the Member’s membership and to delete all information, data, documents and files belonging to the Member without unilaterally assuming any liability and without compensation.

7.15 Copyright and / or any intellectual property rights related to the general appearance, design and software of MentalUP, text and visual content in the site and all other contents, trademarks, logos, know-how and other items belong to the Company or used by the Company under license. They may not be used, acquired, modified, copied or reproduced in any form without the written consent of the Company. The use or access to Mentalup or its contents under conditions set forth by the Company shall not entitle the Member any intellectual and industrial property rights and/or any rights of ownership or disposition.

7.16 The Company may disclose personal information of the Member to third parties (a) in cases where it is necessary to disclose in accordance with the applicable law or regulations or a court order or administrative order issued and / or (b) in the case of the Member’s request and / or (c) in accordance with the MentalUP Privacy Policy which may be reached via MentalUP, and / or (d) in accordance with the provisions set forth separately in the present Agreement. The Company may review the Member’s confidential information or records to gain access to the information and documentation requested for the investigation.

7.17 Measures have been taken to ensure that MentalUP is free from viruses and similar software. In addition, in order to ensure the ultimate safety, the Member must supply his own virus protection system and provide the necessary protection. In this context, the Member agrees to be a member of MentalUP and is responsible for all errors and their direct or indirect consequences (including but not limited to spam, virus, trojan horses) that may occur in their software and operating systems.

7.18 The Company reserves the right to change the scope of the Service, the content of MentalUP, the design and the software at any time, change, stop or terminate any service provided to Members, and delete the user information and data stored on MentalUP at any time.

7.19 The Company may update, modify or remove any of the terms and conditions of this Agreement at any time without prior notice and / or requirement. Any provision that is updated, modified or removed from power shall be effective for the Member at the time of publication.

7.20 The Company may use the personal information of its Members to better serve its users, improve its services and facilitate the use of the MentalUP in the interests of its users and their preferences. The Company reserves the right to keep a record of the Member’s actions on MentalUP.

7.21 The Member shall be responsible for providing the network access required to use the service. The member is aware that mobile network data may be used in case of accessing MentalUP from a device with wireless internet access or in the case of using the service, messaging tariffs and fees may apply. It is the responsibility of the Member to provide updates to the appropriate software and devices necessary to benefit from the Service and to keep MentalUP up-to-date. The Company does not warrant or undertake that the Service or MentalUP shall in any way operate with a specific device or software and that the functions contained in the materials shall be uninterrupted or error free. The Member acknowledges that Service and/or MentalUP may be subject to failure and delay due to internet usage. The Company shall not assume responsibility for the problems that the Member will have due to interruptions in MentalUP access arising from technical problems.

7.22 The irresponsibility records for the Company under this Agreement are also cover the employees and partners of the Company.

7.23 Without prior approval of the Company, the Member shall not be permitted to link to any other website, the contents of any website or any data on the network, in any transaction that Member will perform through MentalUP.

ARTICLE – 8 TERMINATION OF THE AGREEMENT

8.1. Without prejudice to any termination provisions contained in this Agreement the Member and the Company may terminate this Agreement at any time.

8.2. The termination of the member shall be effected by following the termination procedures via MentalUP. The rights and obligations arising from the Agreement until the date of termination and the terms that must remain in force due to their qualifications even if the Contract is terminated (compensation for damages, final provisions etc.) shall not be terminated.

ARTICLE – 9 FINAL PROVISIONS

9.1 Governing Law: This Agreement is governed by the laws of the Republic of Turkey and will be construed accordingly.

9.2 Competent Court: İstanbul Çağlayan Courts and İstanbul Çağlayan Enforcement Offices are authorized to settle all disputes arising out of or relating to this Contract.

9.3 Integrity of the Agreement and its Annexes: The annexes of the Agreement shall constitute an integral part of this Agreement and shall not be interpreted separately from each other.

9.4 Exclusivity of Evidence: The parties agree that, in disputes that may arise within the scope of this Agreement, the documents and electronic records of the Company shall be the sole evidence for such disputes.

9.5 Company Contact Information: The contact information of the Company is as follows:

Title: Ayasis Yazılım ve Bilişim Teknolojileri Limited Şirketi
Address: Yıldız Teknik Üniversitesi Davutpaşa Kampüsü Teknopark D2 Blok No:1B06 Esenler/İstanbul
Phone: +902124837292
Fax: +902124837291
E-mail: info@ayasis.com

9.6 Transactions Made Through MentalUP: Transactions that are made through MentalUP and described as will be considered as binding explanations of the Parties in accordance with the Turkish Code of Obligations, consumer legislation and other applicable legislation.