TERMS OF USE

1. Parties

This Terms of Use (“Contract”) has been signed between the real person and legal entity who purchase on VISUTATE mobile application or www.visutate.com website and NODERİX TEKNOLOJİ SANAYİ TİC. A.Ş. with 0631123994400001 central regstration system number which resides in the ITOB OSB MAH. 100032 SOK. NO:2 MENDERES İZMİR,TÜRKİYE.

By downloading, using the Application developed by the Company, or entering the Website, the User accepts this Contract and accepts, declares, and undertakes that he/she will act in accordance with the provisions hereof.

2. Definitions

Company: NODERİX TEKNOLOJİ SANAYİ TİC. A.Ş. with 0631123994400001 central registration system number, which resides in ITOB OSB MAH. 100032 SOK. NO:2 MENDERES/İZMİR,

User: The real person or legal entity who download, use the Application which was developed by the Company, or who log in to or use the Website,

Application: The mobile application named VISUTATE, which was developed by the Company and offers different experiences to its Users,

Website: The website with the www.visutate.com domain,

Service: The experience which is offered to the User through the Application or the Website by the Company,

License: Access provided by the Company to use the Service,

Invoice Account: The payment account which is declared by the User to the Company and/or the

Payment Processor in order to use the paid version of the application,

Payment Processor: The third-party payment processors  used by the Company to invoice to Users ,

Payment Method: The payment method which is declared by the User,

System Access Tools: All kinds of information that enables access to the Service provided by the Company to the User.

3. Subject

The subject of this Contract is to determine the conditions for all kinds of products and Services offered by the Company to the User via the Application or the Website.

4. The Rights and Obligations of the User

1. The User is obliged to declare the information requested by the Company accurately and thruthfully. The User is responsible for the consequences of his/her contrary actions.

2. The User is obliged to act in accordance with the Contract while using the Application, the Website, and Services. The Company reserves the right of recourse if any damage occurs due to the User’s breach of this Contract.

3. The User accepts and declares that he/she is over 18 years old and has the legal capacity. People who are under the age of 18 should use the Application under the supervision of major Users. If the User acts on behalf of a legal entity, he/she accepts and declares being authorized to represent. The Company cannot be held responsible for any requests or actions contrary to this provision.

4. The License offered to the User is personal. It cannot be used with more than one person and cannot make subject to any legal transaction. The User accepts and undertakes to pay any damages incurred by the Company when requested.

5. The User confirms that any data presented in the Application is informational data and does not constitute an advisory for life. Services, information, and experiences provided on the Application or the Website are not used to diagnose or treat any illness. It is the User’s responsibility to implement the information provided within the Services. The Company will not be held responsible for any pecuniary or non-pecuniary damages arising from the use of the information shared through the Application. The User cannot make any other demands from the Company to the contrary.

6. The User is obliged to use the Application and the Website with care.

7. The Application and the Website have been prepared with the assumption that the User does not have any health issues and they are not personal. The User is obliged to consult his/her doctor before using the Application or the Website. The Company will not be held responsible for any pecuniary or non-pecuniary damages that the User may experience due to health issues.

8. If the User experiences any discomfort while using the Application or the Website, he/she should immediately stop using the Application and consult a doctor.

9. The User accepts and declares that he/she has obtained a untransferable LICENSE that will enable her to benefit from the Application for a certain period of time through the payment he/she has made. The User will not be able to make a request to the contrary.

10. The User accepts and undertakes that the Company uses the internet infrastructure to provide the Service and that the Company cannot be held responsible for any damages, expenses, fees, duties, and taxes that may arise thereof. The User has a duty to provide the tools and infrastructure required to access the Service. Otherwise, the Company cannot be held responsible.

11. The Application and the Website use advanced technology and software because of the content and experience it offers. Application  and the Website can operate in different quality depending on the hardware power and software of the devices used. The User has a duty to obtain a device with a high level of hardware power in order to get full performance from the Application and the Website. The Company cannot be held responsible for the devices owned by the User not having the necessary processing power for access.

12. The User should immediately stop the use and contact with the Company in case unusual situation occurs on his/her device while using the Application or the Website.

13. The User is obliged to use the Application, the Website, and Service in compliance with legislations. The Company cannot be held responsible for illegal use of the Application, the Website, or Service by Users.

14. The User accepts and undertakes that he/she will not use content that belongs to someone else or without the consent of third parties while using the Application and the Website. The Company cannot be held responsible for improper use.

15. The User agrees and undertakes to act in accordance with the application store rules. The Company will not be held responsible for the User's inability to benefit from the Service due to the violation of the application store rules.

16. By the purchases to be made by the User, it may be possible to download additional data packages within the Application. This data package is independent of the data package that the free version of the Application needs to run. The User will not be held responsible for any damages, expenses, fees, duties, and taxes arising from the downloaded data packages.

17. The User is obliged to use the application in an environment that will not harm his/her physical integrity. The Company will not be held responsible for any damages that may occur as a result of his/her acts while using the Application. The User is obliged to act carefully, especially in areas that may cause falling hazards such as balconies, terraces, and poolside.

18. The User shall not reverse engineer in any way or take any other action to find, obtain or copy the source code of the Application and the Website, violate the security of any computer network, crack security encryption codes, attempt SPAM mail or malware, otherwise accepts, declares and undertakes that he will be responsible for any damages that may arise before the Company and third parties.

5. Company's Rights and Obligations

19. The Company has the right to unilaterally terminate the Application, the Website, and Services. The Company’s regarding decision cannot make conditional on the User’s approval.

20. The information regarding the credit and debit cards that the User enters for the purpose of membership in the Application and Website, purchasing products/services or updating information is not recorded/stored by the Company. The registration process is stored in the contracted BDDK approved payment infrastructure and shall not be viewed by other members and customers. In this context, you should review the approved payment infrastructure legal texts for the information you provide. The distance sales contract and preliminary information form should be examined for matters related to the Company's request for payment from credit cards and debit cards.

21. The Company has the right to update the Contract without further notice. The Company will notify the User about updates via the Application, the Website, or other communication channels. Continuing to use the Application or the Website, purchasing a service license by User will mean acceptance of the Contract.

22. The Company has the right to make any changes regarding the Application and the Website, the Service.

23. The Company may make advertising or presentation, announce content related to third parties, make collaborative works with third parties on the Application and the Website in line with its legitimate interests.

24. The Company may contact the User via SMS, electronic mail, mobile application notifications, etc. according to the preferences of the Users.

25. The Company agrees to fulfill all contractual obligations, except there are force majeure, bankruptcy, and concordat processes situations.

26. The Company carries out the necessary work to ensure that the license provided to the User can be used via the Application or the Website. The Company does not guarantee that the Application and the Website will work on all devices or that all services will work on the device owned by the User. The User accepts that he/she can benefit from the Service as much as the processing capacity of his/her device. The Company will not be held responsible for any situation that is not within the Company’s reach.

27. The Company takes the necessary measures within the limits determined by law to use the Application and the Website safely. The Company cannot be held responsible for damages incurred despite taking the necessary precautions and caused by third parties.

6. Duration and Scope of Service

28. The Company provides content that aims to provide the User a different experience by using advanced technologies, especially in augmented reality and virtual reality.

29. The Company will be able to offer the Service to the User via mobile Application, the Website, or wearable devices.

30. The User will be able to access these Services within a predetermined period of time by the Company. The User's offer regarding the scope and duration of the service does not mean that it will be accepted by the Company.

31. The User has the opportunity to obtain sufficient information about the Application both through the application stores and the Website. The User accepts and declares that he/she has obtained sufficient information about the product and the Service by downloading the Application, using the Website, or purchasing the Service and that he/she approves the agreements published by the Company.

32. The Service is performed electronically using technological infrastructures. The User will not be able to make any requests about this.

33. The Company uses technologies such as augmented reality, virtual reality, artificial intelligence, and sound technologies as part of its Service. The Company has the right to change the technology and facilities used unilaterally. The User cannot claim or demand any rights.

34. The User will be able to benefit from the Services in proportion to the processing power of the device used to access the Service. The User should take care of the health of the device. The User accepts and undertakes that he/she will take all kinds of measures to prevent damages that may occur in the device and that he/she will not make any rights or demands from the Company in this regard.

7. License and Copyrights

35. The Company has all the rights on the Application, the Website, and Service with all its elements by itself, including industrial and intelelctual property rights,.

36. All these rights of the Company cannot be used, changed, shared, transferred, displayed, copied, used for commercial purposes, converted to another license, or subjected to second-hand license sale without written permission.

37. The Company offers to User a license to access the Application and Service within a certain period of time. The User accepts that he/she can access the Services within the license period provided by the Company for a certain period of time.

38. The User cannot claim copyright or intellectual property rights on the Application, the Website, or the Service in any way.

39. The Company has all kinds of rights on the contents of the User created through the Application and the Website. The User agrees and declares that he/she grants the Company an unlimited, unrequited, and continuous license on the content created through the Application and the Website. The Company may engage in all kinds of activities on usergenerated content in line with its legitimate interests.

8. Fee

40. The Company has the right to determine the license term of the Users and fee by itself.

41. The User has the opportunity to obtain sufficient information about the fee and the content of the Service before purchasing. After the purchase, he/she cannot claim that the necessary information was not given.

42. If the User does not terminate the Service at the end of the Service period, the Contract is deemed to be renewed at the current price of the same period. The User accepts this point in advance.

9. Disclaimer of Liability

43. The Company will make sufficient effort to enable the User to access the Application, the Service, and the Website.

44. The Company never undertakes that:

• The Application and the Website will work continuously and trouble-free,
• There will be no security problems,
• Access will be provided without any delay.

45. The Company does not guarantee that the information the User obtains from the Application and the Website will be constantly current and accurate. The Company cannot be held responsible for these matters.

46. The Company will not be held responsible for any damages that the User may experience if the User share the digital content created during the use of the Application with third parties.

10. Establishment and Termination of the Contract

47. This Contract is deemed to be established when the User downloads the Application or logs into the Website. If the User does not accept these provisions, he/she must immediately stop the use. The cessation of use means the termination of the Contract.

48. The User and the Company will be able to terminate the contract unilaterally without further justification. All kinds of use and any content produced before the termination of the Contract are subject to the provisions hereof.

49. If the User terminates the Contract unilaterally, the contract is deemed terminated at the end of the license period. The User cannot freeze or postpone the usage of license.

50. The Company has the right to terminate the contract immediately. The Company can freeze the license and block the access of the User without terminating the contract.

51. The User will not claim or demand any rights due to the unilateral termination of the Contract by the Company.

11. Implementation and Enforcement

52. This contract enters into force upon its publication.

53. The User accepts and undertakes that he/she has read, understood, and approved  all the matters contained in this contract.

54. The User can forward any questions, comments, requests, and suggestions to the Company's support@visutate.com e-mail address.

55. The provisions of the Privacy Policy and the Distance Sales Contract are an integral part of this Contract.

56. It will not affect the validity of the Contract if any provision in the Contract is determined invalid or legally unenforceable. In this case, the article whose invalidity is determined will give rise to terms and consequences as if it did not exist in the contract.

57. Failure to exercise or delayed use of any right arising from this Contract by the Company does not mean that the said right is waived or the Agreement is amended.

58. Turkish Law Rules will be applied in disputes that may arise during the implementation of this contract and İzmir Courts, and Enforcement Offices will be authorized to resolve disputes.