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This User Agreement (“Agreement”) is concluded between TRerra Bilişim Hizmetleri Ticaret Limited Şirketi (“Company”) and the user who downloaded the Application BMind App to his/her phone and approved this agreement.
KVKK Law No. 6698 on the Protection of Personal Data. Services: Refers to the case analysis questions, study notes and other videos and documents provided by the BMind application released by Terra TR A.Ş. User: Refers to real persons who become a member by downloading the Application. Application: It refers to a content platform that includes case analysis, study notes, videos and other documents in various categories offered by the BMind application released by Terra TR A.Ş., advertisements, and users answering the questions presented by BMind within a certain period of time. Confidential Information: All kinds of legal, technical and statistical information of the Parties during the establishment of this Agreement and / or during the term of the Agreement, including but not limited to customer lists, information containing trade secrets of the other party, written or oral instructions and / or forms, catalogs, documents, codes, characters, means the methods, procedures, techniques, equipment used by the other party, including but not limited to directory drafts and databases used by the User, and the information of the Parties' employees, especially customers, which are considered personal data within the scope of KVKK, and all data transferred by the Parties, including but not limited to.
The purpose of this Agreement is to determine the terms of the rights and obligations between the Company and the User who wishes to use the Company's Services on the Application. The Agreement is established and enters into force the moment the User clicks the “I Accept the Terms of Use and User Agreement” button in the electronic environment and the acceptance declaration is recorded in the Company's records. The Company reserves the right to revise this Agreement by informing the User in a pop-up manner through the Application. The principles adopted in the execution of personal data processing activities carried out by our Company and the basic principles adopted in terms of the compliance of our Company's data processing activities with the regulations contained in the Personal Data Protection Law No. 6698 (“Law”) are explained and thus, our Company provides the necessary transparency by informing the personal data owners. With full awareness of our responsibility within this scope, your personal data are processed and protected within the scope of Article 13 of this Agreement and the Clarification Text.
This Agreement has been concluded by the User by clicking on the “I accept” button; This Agreement will have effect and result unless terminated by the Parties in accordance with Article 9 of this Agreement.
5.1. The subject matter of this Agreement consists of determining the rights and obligations of the Parties regarding the services (“Services”) to be provided by the Company to the User regarding (i) the User's participation in the case analyses and learning notes to be offered to the User through the Application, (ii) the provision of the awards specified in the application as a result of these case analyses to the ranking User/users, and (iii) the services to be provided for the User to receive one of the awards if the User meets the conditions in this Agreement. It is necessary for the User to consent to the User Agreement through the Application and it is at the User's discretion to consent to communication permissions. If the User does not have an account, the User will register to the Application, and if the User has an account, the User will be able to log in to the main page of the Application without a password. The User will be able to access (i) case studies and (ii) his/her own CV from the main page of the Application. If the user ranks among the top 10 people in Turkey in the competitions organized every month until June with the points he/she has earned, they will be subjected to a camera competition in front of online experts with the top ten winners of the other months in June, and the top 10 winners will participate in the competition to be held in Istanbul at the end of June. (iii) In order to receive the prizes, the ranked users must enter their information in full and complete.
5.2. BMind Case Study Competition (“Competition”) No payment or purchase is required to win or be eligible to participate in this Contest. Participation and membership in the Contest is free of charge. The Company may only organize contests to present prizes at the end of the year. The Services provided through this Application are governed by the laws of the Republic of Turkey. The Company has the right to notify you of the Contest programs and timetable from within the Application, as well as through communication tools such as in-application push notifications, pop-up notifications and text messages if you consent to electronic commercial messages. The Company does not guarantee that the Prize will be awarded to the winner. In order for the won Prizes to be received by the contestants, they must enter their information correctly (such as TR. number, phone number, date of birth, name and surname, place of residence, residence address, university/department they studied/graduated from). The User must be over 18 (eighteen) years of age to claim his/her prize and must complete the know-your-customer process specified in Article 5.1 of this Agreement. Users who are under 18 (eighteen) years of age and have not completed the customer identification process will not be eligible to receive the Prizes even if they win them.
5.3. Prize As a result of the contest, in June, the ranked User/users will be awarded with the prizes specified in the prizes section within the application and the prize discretion belongs to the Company. The Company reserves the right to delete the Prize if it cannot reach the winner with the phone number provided by the winner, if the User has not entered the Application for 6 (six) months. It is the responsibility of the contestant to notify the change of contact number. In cases where there is more than one winner, the prize in question will be divided equally among the winners after making the relevant tax deductions stipulated in the legislation.
5.4. The prize won by the user cannot be transferred to other persons or organizations. The prizes won at the end of the competition are valid for a maximum of 6 months from the date of winning and prizes not received within this period will lose their validity. The Company has the unconditional and unconditional right to delete the Prize on the User's balance. In such a case, the User shall be deemed to have accepted, declared and undertaken in advance that he/she will not have any rights and claims regarding the deleted Prize and that he/she knows that the Prize has been defined to him/her for a period of time, provided that he/she accepts this Agreement. The Company reserves the right to change the validity period of the Prize for some special Contests by notifying the Users at the time of participation.
6.1. In order for the User to benefit from the Services, it is mandatory for the User to create a user account with a phone number through the Application, (“Account”), to ensure that the identity information declared by the User is correct and to complete the customer identification process in accordance with Article 5.1. Users under 18 (eighteen) years of age may access and respond to case analyses available within the Application. However, persons under the age of 18 (eighteen) will not be eligible to receive rewards and prizes. For the avoidance of doubt, Users under the age of 18 (eighteen) will not be eligible to win any Rewards, and Users over the age of 18 (eighteen) who have not provided the required information will not be able to view their Reward balance. The User may participate in the Competitions provided that the User accepts this Agreement and the Prize is not transferable, transferable or substitutable in any way.
6.2. All tax liabilities related to the Prize belong to the User.
6.3.The User is entitled to open only one Account in the Application.
6.4. No more than one Prize can be won in the same competition from the same Account
6.5. The User acknowledges that at the date of acceptance of this Agreement he/she has sufficient competence to understand and accept the Agreement. The User is solely responsible for participating in the Application, provided that this Agreement complies with all laws, rules and regulations applicable to him/her. Participation in which the use of the services offered through the Application is prohibited shall be deemed invalid. The right to access the Services, the provision of services to the extent that this Agreement is invalid or in conflict with the relevant laws, rules or regulations where the use of the Services offered through the Application is prohibited, will be canceled.
6.6.The Company has the right to require the User to first download the application, open an account, register via phone number, or any other authentication mechanism deemed appropriate by the Company in order for the User to benefit from the Application.
6.7.The User accepts and declares that he/she is aware that in order to benefit from the Application, he/she must provide the information requested by the Company in a complete, accurate and up-to-date manner, keep his/her account up-to-date and that the Company may request additional information and documents from the User if it wishes.
6.8. The User is personally responsible for the use and management of all information, including accounts, usernames and passwords that enable the use of the Application. Every transaction performed with the account, username and password belonging to the User shall be deemed to have been performed by the User personally and the User shall be solely responsible for the damages incurred by the User and/or third parties due to the use, loss or change of such information by a person other than the User. The User shall immediately notify the Company of any unauthorized use of his/her password or any other breach of security.
6.9. The User may not transfer his/her created accounts, username and password and account profiles to another user or allow their use by third parties under any circumstances and conditions. Otherwise, no responsibility shall be attributed to the Company.
6.10.The User may not transfer or assign the User account and the rights and obligations arising from this Agreement and the use of the Platform to a third party in any way without the approval of the Company.
6.11.The User accepts and declares that the Application may link to other websites and/or platforms, files or contents that are not under the control of the Company, that third party services may be offered, and that such links are not intended to support the website or the operator/service provider to which they are directed, or that they do not constitute a statement or guarantee of any kind regarding the website or the information it contains, and that the Company has no responsibility for the platforms, websites, files and contents, services or products or their content accessed through such links.
6.12. The User agrees that the photos, texts, videos, information, correspondence, comments, software, multimedia works and other features (“Content”) uploaded to the Application by the User or made accessible in different ways, including, but not limited to, photos, texts, videos, information, correspondence, comments, software, multimedia works and other features (“Content”), usernames and other shares are accurate and lawful, and that they are accurate and lawful, including, but not limited to, defamation, disparagement, defamatory statements, insults,The User hereby accepts and undertakes that it will not have any unlawful or immoral nature such as slander, threats, pornography or harassment, that the Content will not cause any violation of any rights, including intellectual property and personality rights of third parties, and that it will not share advertisements, campaigns and promotional content, contests, sweepstakes and promotional offers and announcements without the written approval of the Company.
6.13.The User hereby grants the Company a worldwide, non-exclusive, perpetual, irrevocable, free of charge and unlimited right of use for the purposes of using, editing, modifying, reproducing, distributing, creating derivatives of, and displaying such Content, including, without limitation, using, editing, modifying, reproducing, distributing, creating derivatives of, and displaying such Content, within the framework of this Agreement. The Company shall have the right to use such Content without any limitation.
6.14. The Company may refuse the publication of the Contents in the Application without any justification. Approval by the Company for the publication of any Content in the Application or the Company's intervention in the Content shall not be interpreted as the elimination of the Company's irresponsibility regarding the Content. Information and Content uploaded by the User to the Application and contrary to this Agreement and other terms and conditions contained in the Application may be removed from the Application by the Company without giving a reason, and the User's ability to benefit from the Application may be partially or completely suspended due to such Content. The Company shall have the exclusive right to publish or remove the relevant Content even after the expiration or termination of this Agreement.
6.15. The User accepts, declares and undertakes that advertisements, campaigns and promotions may be published in the Application, including the pages referenced by the Application, and that he / she cannot assert any rights, objections or claims in relation thereto.
6.16. The User reserves the right to delete or deactivate his/her account at any time without stating any reason through the delete my account, freeze my account options within the application.
6.17. All legal, administrative and criminal liability regarding the use of the Application belongs to the User. The Company shall not be held liable in any way, directly and/or indirectly, for any damages suffered or may be suffered by third parties as a result of the User's activities on the Application and/or actions contrary to this Agreement and the law. The User is obliged to keep the Company, its affiliates, managers, shareholders and other employees free from all claims and damages, including court and attorney fees, and to cooperate with the Company for the defense of the Company regarding the relevant claims and damages. Any claims from third parties within this scope and any damages incurred by the Company arising from the User's failure to fulfill its obligations specified in this Agreement shall be recourse to the User.
6.18. The User accepts and undertakes that he/she will not tell the correct answer to other users, will not receive help from other users, and will use the BMind account belonging to his/her own name and account under his/her own responsibility.
7.1. The Company reserves the right to reject User applications without any justification, subject to its sole discretion. The Company may terminate the User's account or prevent the User from benefiting from the Application, in whole or in part, temporarily or permanently, at any time, at any time, without any notice, at any time, without any obligation to pay any compensation, based on just cause or without any reason, including violation of this Agreement and other terms and conditions specified in the Application, determination that the information provided during the User's application is not sufficient, accurate or up-to-date, the User's application has been previously rejected, and even in a way that may lead to the loss of the User's data contained in the Application.
7.2. The Company has the right to share the personal data belonging to the User for the purpose of distributing prizes to the winners in accordance with the agreements made between the Company and third parties who will undertake to award prizes.
7.3. In the event that any new vulnerability is discovered in the updates published by the Company for the Services, the Company has the right to warn the Users, close this vulnerability or remove the update from publication.
7.4. The Company is obliged to give a warning in case the services are interrupted in the Application for reasons not caused by the Company, and the Company cannot be held responsible for the events that occur during these interruptions. In case of infrastructure update, there may be interruptions and the Company will immediately inform customers about these interruptions.
7.5. In the Company Services, while the Company provides the relevant service, there may be disruptions / interruptions from the server due to subcontractors and without the fault of the Company; this situation may only cause a short-term service access problem or loss of performance for the User. No liability shall be attributed to the Company for any direct and/or indirect damages that may arise before the User on the grounds that the Company does not have direct authority and has perfect responsibility in this matter.
7.6. In the Company Services, while the Company provides the relevant service, there may be disruption / interruption from the server due to subcontractors and without the fault of the Company; this situation may only cause short-term service access problems or loss of performance for the User. No liability shall be attributed to the Company for any direct and/or indirect damages that may arise before the User on the grounds that the Company does not have direct authority and has perfect responsibility in this matter.
7.7. The access to the contents offered through the Application is based on the quality of the User's device and the service provided by the relevant internet service provider and the Company shall not be attributed any responsibility for problems arising from the quality of the service in question.
7.8. The features, other content and questions/answers within the scope of the Application and the Application are presented “AS IS” and in this context, the Company has no responsibility or commitment regarding their accuracy, completeness and reliability. The Company does not make any express or implied commitment regarding commercial availability, suitability for a particular purpose or use or non-infringement under this Agreement.
7.9. The Company declares that the functioning of the Application is not free from defects and that it may encounter technical problems or access barriers from time to time.
7.10. The Company has no responsibility to investigate the authenticity, authenticity, security, accuracy of any information shared through the Application, and to determine whether the sharing of such information is in accordance with the law.
7.11.The Company shall not be liable for (i) any direct or indirect damages arising from the User's use, non-use or misuse of the Application, all kinds of material, moral and financial damages such as loss of profit, loss of data, loss of business, loss of reputation, loss of expected savings, interruption of business, and all kinds of compensation claims that may be made by third parties; (ii) all hardware, system software/other software and network-related function and any malfunctions that may arise for this reason; (iii) communication network, internet connection, connection errors; (iv) any damages including but not limited to damages arising from any changes, updates and similar works to be carried out on the Application.
7.12.Participation in the Contest was open only to citizens of the Republic of Turkey who are registered in the Republic of Turkey and have a number obtained from Turkish operators in the Turkish part of the Contest, and participation in the global contest in English was open to everyone. However, we reserve the right to invalidate participation in cases where the entry methods specified below in Article 5.1 of this Agreement are not applied.
7.13. Pursuant to Article 5.3 of this Agreement, the Company has the right to refuse to award the Prize. Furthermore, the Company reserves the right to cancel the Prize and close or suspend the offending account if the situation in Article 5.3 is detected.
7.14. Employees, agents and affiliates, subsidiaries and advertising and promotion agencies of the Company, the Company's employees, business partners and sponsors involved in the Application, employees, agents and affiliates, subsidiaries and advertising and promotion agencies involved in the development or administration of this Contest, employees of any other organization involved in the development or administration of this Contest, including, but not limited to, their families and those residing in the same residence, No liability shall be attributed to the Company for any direct and/or indirect damages that may arise before the User on the grounds that the Company does not have direct authority and has perfect responsibility in this matter.
7.15. The access to the contents offered through the Application is based on the quality of the User's device and the service provided by the relevant internet service provider and the Company shall not be attributed any responsibility for problems arising from the quality of the service in question. 7.8. The features, other content and questions/answers within the scope of the Application and the Application are presented “AS IS” and in this context, the Company has no responsibility or commitment regarding their accuracy, completeness and reliability. The Company does not make any express or implied commitment regarding commercial availability, suitability for a particular purpose or use or non-infringement under this Agreement. In this case, the Company is not obliged to pay any amount to the user.
7.16. In case of breach of Articles 6.3 and 6.4 of this Agreement, the Company reserves the right to cancel the Reward and the right to close or suspend the offending account or cancel the issuance of the Reward.
7.17. The Company reserves the right, at its sole discretion, to cancel or suspend the Contest due to objectionable software, computer viruses, bugs or any other reason beyond its control.
8.1. The Company may, by its sole and unilateral decision, cease to provide the Service subject to this Agreement to the Users and terminate the provision of the service. In this case, the User shall not claim any right or consideration from the Company under any name.
8.2. Any of the Parties may terminate this Agreement at any time without any justification and without compensation at any time with a written notice of 14 (fourteen) business days in advance to the electronic mail address notified by the other party. The Customer may terminate the Agreement by giving 14 (fourteen) business days prior written notice to the e-mail address contact@bmindacademy.com.
8.3. This Agreement may be terminated unilaterally without any written notice if the Parties do not fully and duly fulfill any of the obligations specified in the Agreement or act contrary to the terms of the Agreement, if the relevant Party does not terminate the relevant violation within the period stipulated by the relevant Party.
8.4. If the violation under Article 8.3 of this Agreement is committed by the User, the Company shall have the right to suspend the customer status and the services provided until the violation is eliminated. In the event that the User violates the legislation in force, the Company will terminate the Agreement with immediate effect and reserves the right of recourse for damages arising from the relevant violation.
9.1. The circumstances that may be considered force majeure under this Agreement include, but are not limited to, general strikes, lockouts, war, terrorist acts, natural disasters such as earthquakes, floods, natural disasters such as earthquakes, floods, fire, epidemics, including but not limited to, circumstances beyond the control of the Parties, such as interruptions in the services of third parties working on the Application infrastructure.
9.2. In case of force majeure, the Party that will be delayed or unable to fulfill its obligations shall immediately notify the other Party. As soon as the force majeure is eliminated, the fulfillment of the obligations subject to the Agreement shall continue. If the force majeure lasts for more than 30 (thirty) days, the other Party may terminate this agreement without any obligation.
10.1. The rights under the FSEK regarding the Application belong entirely to the Company; the User accepts and declares that he/she does not violate any third party's rights under the FSEK with the software subject to this Agreement.
10.2 The Company grants the User a simple license right for non-exclusive use that does not grant the right to sublicense, and the Company has the authority to cancel the license right at any time.
10.3. The User accepts, declares and undertakes that he/she will not use or sell the software subject to the Service and the content of case studies for commercial purposes directly or indirectly on his/her own or with others without the permission of the Company.
10.4 The Company does not grant or transfer any patent, utility model, industrial design right, right to use its trademarks or any financial or moral right under the FSEK, including any intellectual and artistic work, under this Agreement, without prejudice to the simple license right regarding the use granted to the User.
10.5. Users (i) making any attempt that may threaten the security of the Application, prevent the operation of the software belonging to the Application or prevent other users from benefiting from the Application, (ii) imposing a disproportionate load on the Application in a way that will give these results; unauthorized access to the information and content published in the Application, copying, deleting, changing or making attempts in this direction; (iii) taking actions that may threaten the general security of the Application and / or damage the Application, the Company and other users; (iv) Using or attempting to use software that will prevent the operation of the Application and the software used, or disrupting the operation of all kinds of software, hardware and servers, causing disruption, reverse engineering, organizing attacks, engaging or otherwise interfering, trying to access the Company's servers (v) It is strictly forbidden to provide or assist in providing unfair gain through third party software. The User agrees that he/she will not compete with the Company or the Application by the aforementioned methods or otherwise, and will not support third parties acting for this purpose.
11.1. Confidential Information shall not be shared with third parties in any way during the establishment of this Agreement and/or during the term of the Agreement.
11.2. Any information learned or obtained by the other party during the term of this Agreement, which is stated to be confidential by the other party (Personal data is also Confidential Information pursuant to Article 11.1 of this Agreement; Article 12 of this Agreement will be applied in matters specific to personal data.
11.3. Without violating Article 11.1 of this Agreement, information that is within the knowledge of the general public through legal and legitimate means and that the parties expressly and in writing state that it is not confidential shall not be considered Confidential Information. The parties may disclose such information pursuant to an applicable law or other regulation or a court decision or administrative order. In such case, they shall inform each other in writing as soon as possible, unless there is a legal impediment. These matters shall not be considered as a violation of Article 12.1 and the Parties shall not be in breach.
11.4. The Parties accept, declare and undertake that Confidential Information will be kept confidential indefinitely as long as this Agreement remains in force and even after its expiration; that this information and secrets will not be disclosed to third parties without the written consent of the other party and will not be used outside the scope of the other party's business and business-related needs.
11.5. The Company has the right to determine and record the IP addresses and/or IDFA numbers of the Users, the models, operating systems and browser information of the devices they access to the Application.
11.6. The Company may change the Privacy clauses regulated under this article at any time it deems necessary, provided that it publishes the announcement in the Application. The privacy provisions amended by the Company shall be deemed to have entered into force on the date of publication.
12.1. Under this Agreement, the Company has the title of data controller and accepts, declares and undertakes that it will process personal data in accordance with the principles and processing conditions regarding data processing in the KVKK.
12.2. The Company's personal data processing processes will vary according to the Services under Article 5 of this Agreement and will not affect the legal characterization of the data controller status.
12.3. The Company accepts and declares that it is obliged to accept the personal data shared with it pursuant to this Agreement as confidential information and not to disclose it indefinitely.
12.4. The Company has the authority to verify even the personal data of the User in order to ensure security; this issue will be evaluated within the scope of legal obligation to ensure the security of the platform and the Application as the data controller. The parties are in agreement on this matter.
12.5 The Company will process your personal data for the purpose of the Services; In case of termination of the Services, if you do not have another service request and your explicit consent, it will only store your personal data for the retention periods stipulated and mandatory in accordance with Turkish legislation.
12.6 In case of the User's explicit consent and approval of electronic commercial messages, reminders and information regarding all Services will be made by the Company through the permitted channel.
12.7 The issues regarding the processing of personal data to be provided by the User and the details of which are included in the Clarification Text will be realized as a result of the electronic commercial message approval to be concluded between the parties to this Agreement.
The invalidity, illegality and unenforceability of any provision of this Agreement or any statement contained herein shall not affect the force and effect of the remaining provisions of the Agreement.
All rights and obligations under the Agreement shall be performed by the relevant Party. The Parties may not transfer or assign, in whole or in part, any power, right or obligation under the Agreement to any natural or legal person without the written consent of each other.
The Parties accept, declare and undertake that the electronic and system records, commercial records, all kinds of written records, microfilm, microfiche and computer records kept by the Parties in their own environment will constitute binding, conclusive and exclusive evidence in all matters of breach of contract, such as the failure of the obligations arising from this contract to fulfill their obligations, and that this article is an evidence contract within the meaning of Article 193 of the Code of Civil Procedure.
16.1. The User will be contacted via the phone number or e-mail provided by the User when registering. Communication by e-mail shall replace written communication. It is the User's responsibility to keep his/her e-mail address and phone number up to date and to check them regularly.
16.2. For all official correspondence, the addresses specified by the Parties during the establishment of this Agreement are the commercial center; In case of a change of residence address registered in the Trade Registry, unless they notify the address, telephone, fax or e-mail changes through a notary public, any notification sent to them shall be deemed to be notified to them in accordance with Article 21 of the Notification Law on the date of delivery to the notary public or mail. Article 21 of the Notification Law and all notices and correspondence stipulated in this Agreement shall be deemed to have been notified to them in accordance with Article 21 of the Notification Law and unless otherwise agreed, they have agreed to hand delivery, telegram, fax, electronic mail, registered letter with return receipt requested, or through a notary public. In case of any change in these addresses, the parties will notify within 7 days; otherwise, the notifications transmitted will be deemed to have been made.
Turkish law shall apply to the interpretation of this Agreement and all disputes that may arise from this Agreement and its annexes; Istanbul Central (Çağlayan) Courts and Enforcement Offices are authorized in all disputes arising in connection with the Agreement and its annexes.
The obligations of the Parties under this Agreement are independent of each other and nothing in this Agreement shall be construed to constitute or constitute an employer/employee, concessioner/concessionee, supervisor/agent, partnership or joint venture between the Parties. This Agreement consists of 18 (eighteen) articles; It will enter into force upon the User's digital approval. Trade Name: TRerra Bilişim Hizmetleri Address Bereketli Sok. Bereketli Apt. Kat:3 Apartment 21 Kuzguncuk, Üsküdar, ISTANBUL Website address: www.bmindacademy.com
E Mail - contact@bmindacademy.com
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