User Agreement

Kim Psikoloji Ltd Şti

Article 1. Parties
This User Agreement (“Agreement”) is concluded between Kim Psychology LTD ŞTİ (“Company”) and the person who registers as a user (“User(s)”: mental health experts: our site is exclusive to psychologists, psychological counselors, psychiatrists, social workers, family counselors, child development specialists, etc. professionals and students. persons outside the field do not have the right to use it) on the site located at www.akademi.kimpsikoloji.com (“Site”). The Agreement shall enter into force upon its acceptance by the User in electronic environment; and shall continue to remain in force unless terminated by the parties in accordance with the procedures specified in the Agreement.

Article 2. Subject and Scope of the Agreement
This Agreement is concluded for the purposes of determining the terms and conditions regarding the use of the cloud-based information training session finance and business management application (“Application”) accessed by the User through the Site and the data accessed by the User through the Site (“Content”), the person transferring the information (“expert”) and the rights and obligations of the parties. The terms of use, rules and conditions offered to the Users by the Company regarding the use of the Site and the Application within the scope of the Site are also an annex and an integral part of this Agreement and constitute the entire rights and obligations of the parties together with the rights and obligations herein. Everyone who interacts with the site accepts the Terms of Use, Distance Sales Agreement and cancellation and refund conditions available on the site.

Article 3. Rights and Obligations of the Parties
3.1 The User declares that he/she is aware that he/she must approve this Agreement by providing the information requested by the Company in a complete, accurate and up-to-date manner in order to benefit from the Application. In the event of any change in the information provided during the establishment of the User status, the said information will be updated immediately. The Company is not responsible for the inability to access and benefit from the Site or the Application due to the incomplete or incorrect provision of this information or the fact that it is not up-to-date.

3.2 The User declares that he/she is over 18 years of age and has the legal capacity required to conclude this Agreement. If the User accesses the Site on behalf of a business institution, the User accepts and declares that he/she has the necessary authority in this regard. In this case, the User status, rights and obligations will belong to the said business institution.

3.3 The User has the right to establish a single User account, and following the suspension or termination of the User account by the Company, the User is prohibited from establishing a second account using the same or different information. The Company reserves the right to refuse the opening of a User account at its sole discretion, without giving any reason.

3.4 The User will access the Site using the e-mail address and password. The User will be responsible for protecting the confidentiality and security of this password, and any activity performed using the information in question on the Site will be deemed to have been performed by the User, and any legal and criminal liability arising from these activities will belong to the User. The User will immediately notify the Company if he/she becomes aware of any unauthorized use of his/her password or any other breach of security.

3.5 The User accepts and undertakes that he/she will use the Application only for his/her lawful activities and will act in accordance with this Agreement, its annexes, applicable legislation and other terms and conditions stipulated on the Site regarding the Application. The User will be able to use the Application and the Site on behalf of a third party as long as he/she is authorized to provide services to third parties. In this context, the User will ensure that the said persons also act in accordance with this Agreement and all other provisions applicable to him/her.

3.6 The User cannot authorize a third party (“Authorized User”) to use the Application from time to time. The User’s right to use the Application belongs solely and solely to him/herself. He/she cannot give his/her username and password to someone else, cannot open it with his/her own password and have it watched by someone else or cannot share it together. Each viewer must be a separate user. The User cannot give the right to watch to a third party in the Application. He/she cannot watch or let others watch in public places. He/she only has the right to watch individually. The User cannot record, watch, copy, download, share, sell or authorize anyone else to use any of the known and future recording methods such as screen recording or camera recording, phone recording, etc. Our site provides corporate usage rights along with individual use. However, in corporate memberships, who will be the Authorized User and the level of authorization within the scope of the Application will be determined by the User. The User is responsible for the Authorized Users’ use of the Application and will always control the Authorized Users’ access to the Application and will be able to change or cancel the Authorized User’s access level to the Application at any time and without any reason. In the event of a dispute between the User and the Authorized User regarding access to the Application, the User will decide on the Authorized User's access to the Application or Content and the level of access.

3.7 The Content shared by the Site is the property of the relevant expert and all responsibility for the Content belongs to the expert. The Company has the right to use the Content within the scope of the license provided to it by the expert or data provider under this Agreement. The Company and the site cannot be held responsible for the Content or any losses or damages that the Content may cause, and the Company has no responsibility regarding compliance with the law, accuracy of the Content, payment of invoices, collection, financial transactions and tax declaration, including but not limited to those listed. Ensuring compliance with the relevant legislation on financial transactions, taxes and other matters is the sole responsibility of the User. The User accepts that the Company may delete the Content from the Application and its systems based on the requirements arising from the current legislation, especially financial regulations, and that the Company is not responsible for any damages that may occur in this context, including lost data. At the same time, the information regarding the data and content in the application may not contain definitive healing information in processes such as treatment and therapy. It may vary from person to person and from process to process from the practitioner and the person receiving consultancy service. It is not a definitive treatment method. Therefore, the user cannot hold the company, the site and the data processor expert responsible for any scientific, legal, or other health issues he or she experiences while performing his or her professional activities regarding the data he or she obtains from the site.

3.8 If the Company or the Application is hosted by third parties, the User agrees and undertakes not to engage in activities that will endanger the security and integrity of the computer and network systems of these third parties, not to use the Application in a way that will prevent or damage the functionality of the Application, the Site or other systems where the services are provided or the use of other users who benefit from the Application and the Site, not to provide unauthorized access to the computer systems where the Application is hosted or to the Application outside the scope of access granted to it, not to transfer or upload to the Site files that will harm the computer systems, devices and software of the Company and third parties or illegal Content (including Content protected by copyright or trade secrets and other materials that the User does not have the right to use), and not to modify, copy, adapt, reproduce, create source code or reverse engineer computer programs used in the provision of services or the operation of the Site unless absolutely necessary for normal use.

3.9 The User acknowledges that the use of the Application may be subject to restrictions, including monthly transaction and storage volumes. Such restrictions will be specified within the Application.

3.10 The User cannot store copies of the Content uploaded to the Application and must re-subscribe with a subscription. The Company complies with the necessary policies and procedures to prevent data loss, but does not guarantee that the Content will not be lost. The Company is not responsible for the loss of Content, regardless of how it occurs.

3.11 The Company will store and use the information and data shared with it by the User within the scope of the "Privacy Policy", which is an annex to this Agreement. The User accepts that the Company may share the User's information with the relevant authorities upon request from the competent authorities in accordance with the applicable legislation. Apart from this, information regarding the User and the transactions carried out by the User through the Site may be used for the security of the User, the fulfillment of the Company's obligations and for certain statistical evaluations. The Company also has the right to share the Content with other users in order to provide requested services such as sending invoice information and sharing payment information. If the User wishes to use Content belonging to other users, the User shall obtain the approval of the relevant users and use the said Content within the scope of the approval given by the other user. This information may also be classified and stored in a database and the Company may use the said usage and transaction information of the User for the performance evaluations, marketing campaigns of the Company and its business partners, annual reports and similar transactions for the period necessary for these purposes after the said data is anonymized. The User accepts that the Content and other information may be stored by the Company or third parties in data centers located in Turkey or abroad.

3.12 In case of technical problems regarding the Application, the User shall make reasonable efforts to detect and diagnose the problem before contacting the Company. If the User continues to need technical support, the necessary support will be provided through the Site, the Application or other appropriate channels.

3.13 In the event that communication tools (such as forums, chat tools or message centers) are provided to the User through the Site, the User declares and undertakes to use these communication tools only for lawful purposes. The User shall not use the communication tools in question to share materials other than the purpose of the Application, including sales of products and services, e-mails sent without the consent of the other party, files that may harm the software and computer systems of third parties, content that contains insults to other users or any illegal content. The User undertakes that he/she has the authority to do so for all kinds of communication he/she makes through the Site. The Company has no obligation to check the appropriateness of the communications made through the Site or whether they are for the purposes of use of the Application. In terms of other web-based communication tools accessed through the Application or used in relation to the Application, the User shall show the care that it is obliged to show when using the communication tools provided through the Site. The Company has the right to remove the communication tools provided through the Site at any time at its own discretion.

3.14 The Company has the right to revise this Agreement and its annexes without any prior notice and if this right is exercised, the relevant change will enter into force with the next use of the Site by the User. If the User does not accept such changes, the User reserves the right to terminate this Agreement as specified below.

3.15 The User cannot transfer or assign the User account and the rights and obligations arising from this Agreement and the use of the Site to a third party in any way.

3.16 In the event that the User acts contrary to this Agreement and the other terms and conditions included in the Site and the declarations and commitments within this scope, the Company shall have the right to suspend the User's membership or terminate the Agreement as specified below and terminate the user status in this way. In such a case, the Company reserves the right to claim damages arising from the said violation from the User.

Article 4. Payment Terms
4.1 The User will only be able to benefit from the Application by paying the fees declared on the Site in full and in full, using the payment terms and means declared on the Site.

4.2 The User will be able to use the Application without paying any fees for the period specified on the Site. At the end of the trial period in question, the User's membership will become a paid membership, the type of which will be determined according to the service level, functionality, campaigns or contract period. The fees, payment terms and effective dates of the fees related to the Application will be announced in the relevant sections of the Site. The User may increase or decrease the membership package at his/her own request. Requests related to this will be made at the end of the relevant membership period unless otherwise foreseen by the Company. Any changes to the fees and payment terms related to the membership package during the User's membership period will not be applied until the end of the User's membership period, and the new fees and payment terms will be valid with the start of the new membership period. No refund will be made in the event that the membership is terminated for any reason, including termination of the Agreement during the membership period.

4.3 Unless otherwise requested by the User 14 (fourteen) days before the end of the period, the User's membership will automatically renew at the end of each period.

4.4 The Company will send the invoice regarding the usage fees at the beginning of the membership period to the contact address provided by the User. All invoices will include the fees for the previous membership period in the case of a postpaid membership and the fees for the next membership period in the case of a prepaid membership. The User will pay the relevant amount in the invoice within 14 (fourteen) days following the invoice date. The User is responsible for the payment of taxes and duties related to the relevant fees.

4.5 The User, the Company or third parties approved by the Company may store the User's credit card and payment information in order to perform membership and payment-related transactions or bank integration and related updates.

Article 5. Intellectual Property Rights
5.1 All rights, ownership and interests in the Site and Application belong to the Company and the expert. Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to access the Site and Application. No provision in the Agreement and other terms regarding the Site can be interpreted as transferring the rights and interests regarding the Site and Application to the User. Under this Agreement, the User grants the Company the right to monitor and use the information and Content on the site for other purposes related to the User's access to the Application, use of the Application and provision of services. The Company has the right to grant sublicenses to third party developers regarding the Content for the purpose of provision of services.

5.2 The User does not have the right to copy, download, record, screen record, modify, reproduce, reverse engineer, decompile or access the source code of the software on the Site or to create processed works from the Site in any way or for any reason. Any modification of the browser and content related to the Site, and any linking to or from the Site without the express permission of the Company are strictly prohibited.

5.3 The User shall not use the trade name, brand, service mark, logo, domain name, etc. of the Company (or its affiliates) in any way.

Article 6. Limitation of Liability
6.1 The Application, software and other content within the scope of the Site are provided “AS IS” and in this context, the Company has no responsibility or commitment regarding the accuracy, completeness and reliability of the Application, software and content. The User understands and accepts that the Company also does not make any commitment regarding the relationship between the Content and other User data. The Company does not guarantee that the use of the Application will be uninterrupted and error-free. The Company aims for the Application to be accessible and usable 24/7, but does not provide any guarantee regarding the functionality and accessibility of the systems providing access to the Application. The User accepts that access to the Application may be blocked or interrupted from time to time. The Company is not responsible in any way for such blockages or interruptions.

6.2 The User acknowledges and declares that links may be provided to other websites and/or portals, files or content that are not under the control of the Company through the Site and that such links do not constitute any kind of representation or warranty regarding the website or the information it contains or for the purpose of supporting the website or its operator, and that the Company has no responsibility for the portals, websites, files and content, services or products or their content accessed through the said links.

6.3 The User acknowledges that access to and the quality of the Applications and Applications offered through the Site largely depend on the quality of the service provided by the relevant Internet Service Provider and that the Company has no responsibility for problems arising from the quality of the said service.

6.4 The User is solely responsible for the content they upload and the use of the site and Application. The User agrees to hold the Company harmless from any and all claims and demands (including litigation costs and attorneys' fees) that may be made by third parties regarding intellectual property violations, content, the Application and the use of the Site.

6.5 To the extent permitted by applicable law, the Company shall not be liable for any direct, indirect, special, incidental, or punitive damages arising from the use of the Site, including, but not limited to, items such as loss of profit, loss of goodwill and reputation, and expenses incurred for the provision of substitute products and services. In addition, the Company also declares that it does not provide any express or implied warranties, including, but not limited to, implied warranties, merchantability, and fitness for a particular purpose. In any case, the Company's liability under this Agreement shall be limited to the amount paid by the User for the services subject to this Agreement until the date on which the relevant damage arose.

Article 7. Entry into Force and Termination of the Agreement
7.1 This Agreement shall enter into force upon acceptance by the User electronically (starts with membership) and shall remain in force unless terminated by either party as specified below.

7.2 Either Party may terminate this Agreement at any time without giving any reason and without paying any compensation by giving a written notice to the e-mail address provided by the other party 1 (one) week in advance.

7.3 If one of the Parties fails to fully and duly fulfill its obligations arising from this Agreement and the said violation is not remedied within the given period despite the written notification to be made by the other party, this Agreement may be terminated by the party making the notification. In the event that the said violation is committed by the User, the Company shall have the right to suspend the User status until the violation is remedied. In the event that the User violates the applicable legislation, the Company may terminate the Agreement immediately and for just cause.

7.4 Termination of the Agreement shall not eliminate the rights and obligations of the Parties that have arisen until the termination date. With the termination of the Agreement, the User shall be responsible for all fees and expenses incurred until that date and shall not be able to use the Site and Application as of the termination date. In case of termination of prepaid memberships, no refund shall be made to the User.

7.5 If the User's account is inactive for 3 (three) months, the Company may terminate this Agreement.

7.6 In cases where the User's account is not blocked for legal reasons and the Agreement is terminated, the Company may provide read-only access to the Content for 6 (six) months.

7.7 The Company has the right to store the Content in its databases as long as this Agreement is in force. The User cannot receive the Content without paying a fee within 6 (six) months following the end of the User's membership period or this Agreement. The Company may charge a fee for such requests submitted after the end of this period. The relevant fees will be specified within the scope of the Application.

Article 8. Miscellaneous Provisions
8.1 The invalidity, illegality and unenforceability of any provision of this Agreement or any expression contained in the Agreement shall not affect the force and validity of the remaining provisions of the Agreement.

8.2 This Agreement is a whole with its annexes. In the event of any conflict between the Agreement and its annexes, the provisions in the relevant annexes shall prevail.

8.3 Communication shall be established with the User via the e-mail provided during registration or via the general information on the Site. Communication made via e-mail shall replace written communication. It is the User's responsibility to keep the e-mail address up-to-date and to regularly check the Site for information.

8.4 In disputes arising from this Agreement and its annexes, the Istanbul Central (Çağlayan) Courts and Enforcement Offices shall apply.