Mindbuddy User Agreement

Important Notice: This article is originally written in Turkish Language, according to the Turkish Law. See Original.

Last updated: 18/05/2024

Mindbuddy is designed to help you understand yourself better and lead a more peaceful daily life through a specialized software developed with contributions from experts in the field, supported by artificial intelligence.

Article 1. Parties

This User Agreement (“Agreement”) is established between the person who downloads the Mindbuddy mobile application (“Application”) and/or uses the website www.mindbuddy.io (“Website”) (“User”) and Akide Teknoloji Yazılım ve Ticaret Limited Şirketi (“Akide Teknoloji” or “Company” or “Mindbuddy”) with MERSİS number 0028105945100001, located at Büyükdere Mah. Çayırbaşı Cad. No: 58 İç Kapı No: 1 Sarıyer / İstanbul, and sets forth the terms of use of the Application and Website and the rights and obligations of the User and the Company (collectively, the “Parties”). By downloading the Application to their mobile device or visiting the Website, the User is deemed to have accepted the terms and conditions of this Agreement. The User acknowledges and agrees that the terms and conditions of this Agreement may be unilaterally changed by the Company, that the prevailing Agreement will apply in such a case, and that the User should review the updated terms and conditions of the Agreement before using the Application and/or the Website.

For individuals or entities who download the paid version of the Application, make in-app purchases, or make any purchases through the Website, the provisions of this Agreement shall apply in addition to the terms of the “Mindbuddy Distance Sales Agreement.”

Article 2. Rights and Obligations of the Company

2.1. The Company provides Users with various content such as information and exercises in the field of psychology and personal awareness, as well as various services such as Artificial Intelligence Personal Awareness Support (“Mindbuddy AI”) and Personality Tests through the Application and/or Website (“Services”). The information and content provided by the Company are for advisory and informational purposes only, and the Company cannot be held responsible for any result arising from the use of the Application or Website, the scope of the information and content, or the use of exercises and recommendations by the User.

2.2. The Company may provide additional paid services such as Artificial Intelligence Personal Awareness Support, Personality Tests, and Premium Membership (“Paid Services”), and may convert existing Services into Paid Services in the future. The following provisions will apply to Paid Services to the extent applicable and unless otherwise specified. All payment terms communicated to the User during the usage or membership stage for Paid Services are an integral part of this Agreement.

2.3. The Company is not responsible for interruptions or malfunctions in the Application or Website caused by force majeure, connection issues, internet outages, supplier-related reasons, or actions of third parties, etc.

2.4. The Application and Website are for individual use and access is personal. The Company may suspend, block, or terminate the User’s membership if it determines that the User is using the Application or Website for purposes contrary to the terms of this Agreement. In such a case, the User agrees that they cannot make any claims against the Company under any name.

2.5. The User’s mobile device may need to be connected to the internet to access the Apple App Store or Google Play Store applications. The General Terms and Conditions of the Apple App Store and Google Play Store will apply depending on the type of mobile device and the use of the Apple App Store or Google Play Store.

2.6. Offers for purchases related to Paid Services are valid at the time they are made, and the Company reserves the right to unilaterally change the prices of purchases at any time without prior notice.

Article 3. Rights and Obligations of the User

3.1. The User is obliged to provide complete and accurate information when requested and to update it when necessary. The User is responsible for any consequences arising from the incomplete or inaccurate provision of information and such provision of incomplete or inaccurate information.

3.2. By downloading the Application or using the Website, the User declares and agrees that they are over 18 years of age. If the User is under the age of 18, it is assumed that the User has obtained the explicit consent of their parent or guardian to this agreement and is using the Application and Website under the supervision of their parent or guardian.

3.3. The User acknowledges and declares that the Application works with an internet connection, that content such as videos, music, images, photos, graphics, texts, and visuals within the Application are viewed with an internet connection, that internet usage fees are their own responsibility, and that the Company has no commitment or responsibility in this regard.

3.4. All content within the Application and Website is prepared assuming that the User does not have any medical or psychological condition, and thus, the content is not personalized. The Company cannot be held responsible for any result arising due to the User’s medical or psychological condition.

3.5. The User should consult their doctor regarding health issues before using the Application and Website and decide on the use of the Application or Website according to their doctor’s guidance.

3.6. If the User has a medical or psychological condition or the risk thereof, they should not use the Application and Website.

3.7. The Application or Website does not diagnose or treat any illness or health condition.

3.8. The Company may send notifications, reminders, and electronic communications with the User’s consent.

3.9. The information entered by the User into the system can only be changed at the User’s request.

3.10. The Application is integrated with the Apple Health application and works in compatibility with the Apple Health Kit and Google Fit platforms. The User agrees that the personal data collected by the mentioned applications can be processed by the Company. This is subject to the Mindbuddy Privacy Policy and the privacy policies of Apple and Google.

3.11. Information on which hardware and versions of devices the Application can work with is available on the Apple App Store and Google Play Store. The User can follow updates related to this information through the Apple App Store and Google Play Store.

3.12. The User has the right to record this Agreement at any time and to use it in case of a dispute.

3.13. The User cannot transfer or allow the use of their membership to a third party. The confidentiality of membership information such as username, email, and password is the responsibility of the User. If Mindbuddy detects that the User’s membership is being used by a third party, it reserves the right to cancel the membership without a refund.

Article 4. Mindbuddy Artificial Intelligence Personal Awareness Support Services

4.1. The User does not need to have a Premium Membership or make an in-app purchase to benefit from the Artificial Intelligence Personal Awareness Support (“Mindbuddy AI”) services. Mindbuddy AI is an AI bot provided through the OpenAI infrastructure that allows Users to chat in writing to understand their feelings and thoughts more deeply and to receive written reports to better understand themselves. Mindbuddy AI is billed using the Continuous Billing method.

4.2. Mindbuddy AI is an innovative service made possible by advances in artificial intelligence technology and improves itself every day. The User acknowledges and accepts that this service may not meet their needs, that it may not yet provide the experience of chatting with a real person despite being one of the most innovative technologies in this field, and that the responses given by Mindbuddy AI may not be accurate or sufficient.

4.3. The Mindbuddy AI services and all information provided within these services are purely informative and do not substitute for any medical or psychological treatment, therapy, or any health service. Accordingly, it is not possible to make any diagnosis via Mindbuddy AI.

4.4. If the User has recently received any psychiatric diagnosis (including but not limited to dissociative disorders such as depersonalization, derealization, and psychiatric diagnoses such as schizophrenia, bipolar disorder) or has intentions and attempts to harm themselves or others (suicide, abuse, etc.) or feels psychological distress or stress to the extent that it affects daily life, work/school, self-care, and social life, they acknowledge and accept that they should seek psychotherapy or psychiatric help. The Mindbuddy AI service is not designed to provide any solution, support, or assistance regarding the above-mentioned issues. In such cases, the User should seek help from a specialist doctor or health consultant. The User should always follow the advice of their specialist doctor or health consultant. If the Company suspects the existence of any of the above situations, it may immediately suspend or terminate the Mindbuddy AI service.

By accepting the Mindbuddy AI service, the User acknowledges and accepts that:

  • The Mindbuddy AI services are not health services and are not provided for the diagnosis, diagnosis, or treatment of any medical condition or illness,
  • Mindbuddy AI does not act as a health consultant, health worker, health officer, psychologist, specialist, or physician, and does not have these qualifications,
  • The Mindbuddy AI services are in no way guidance, counseling, mentoring, psychotherapy, psychoanalysis, or a substitute for the treatment of substance abuse or any other mental disorder or condition,
  • If they are receiving psychological or psychiatric help from any specialist, they should inform the relevant specialist that they are receiving the Mindbuddy AI service,
  • They are fully responsible for all decisions, choices, actions, and consequences arising from the Mindbuddy AI services, and that Mindbuddy has no responsibility in this regard,
  • The Company or Mindbuddy AI does not guarantee any outcome,
  • The Company is obliged to report to the relevant public authorities if it acquires knowledge or evidence of a crime being committed or an attempt to commit a crime that could be limited (even if we are not health workers) in accordance with the relevant legislation, and in this case, they will not have any claim against the Company on the grounds of violation of confidentiality or personal rights,
  • They have read the Mindbuddy Privacy Policy,
  • They should not transmit any special categories of personal data such as health data to the Company and that they irrevocably release Akide Teknoloji Yazılım ve Ticaret Limited Şirketi, its group companies, their managers, directors, employees, and any service providers including Conscious Awareness Coaches from any and all claims, damages, and losses.

Article 5. Mindbuddy Personality Test Services

5.1. The User must have a Premium Membership or make an in-app purchase to benefit from the Personality Test services. Purchasing Personality Tests does not entitle the User to a refund for any previous Premium Membership or other purchases. Personality Test Services are billed using the Continuous Billing method.

5.2. The Personality Test services and all information provided within these services are purely informative and do not substitute for any medical or psychological treatment, therapy, or any health service. Accordingly, it is not possible for Mindbuddy to make any diagnosis as a result of the Personality Test services.

5.3. If the User has recently received any psychiatric diagnosis (including but not limited to dissociative disorders such as depersonalization, derealization, and psychiatric diagnoses such as schizophrenia, bipolar disorder) or has intentions and attempts to harm themselves or others (suicide, abuse, etc.) or feels psychological distress or stress to the extent that it affects daily life, work/school, self-care, and social life, they acknowledge and accept that they should seek psychotherapy or psychiatric help. The Personality Test services are not designed to provide any solution, support, or assistance regarding the above-mentioned issues. In such cases, the User should seek help from a specialist doctor or health consultant. The User should always follow the advice of their specialist doctor or health consultant. If the Company suspects the existence of any of the above situations, it may immediately suspend or terminate the Personality Test services.

By accepting the Personality Test services, the User acknowledges and accepts that:

  • The Personality Test services are not health services and are not provided for the diagnosis, diagnosis, or treatment of any medical condition or illness,
  • Personality Tests do not act as a health consultant, health worker, health officer, psychologist, specialist, or physician, and do not have these qualifications,
  • The Personality Test services are in no way guidance, counseling, mentoring, psychotherapy, psychoanalysis, or a substitute for the treatment of substance abuse or any other mental disorder or condition,
  • If they are receiving psychological or psychiatric help from any specialist, they should inform the relevant specialist that they are receiving the Personality Test services,
  • They are fully responsible for all decisions, choices, actions, and consequences arising from the Personality Test services, and that Mindbuddy has no responsibility in this regard,
  • The Company or the Personality Test services do not guarantee any outcome,
  • The Company is obliged to report to the relevant public authorities if it acquires knowledge or evidence of a crime being committed or an attempt to commit a crime that could be limited (even if we are not health workers) in accordance with the relevant legislation, and in this case, they will not have any claim against the Company on the grounds of violation of confidentiality or personal rights,
  • They have read the Mindbuddy Privacy Policy,
  • They should not transmit any special categories of personal data such as health data to the Company and that they irrevocably release Akide Teknoloji Yazılım ve Ticaret Limited Şirketi, its group companies, their managers, directors, employees, and any service providers including Conscious Awareness Coaches from any and all claims, damages, and losses.

Article 6. Campaigns

6.1. The Company may occasionally run various discounts, gifts, offers, promotions, etc. for the benefit of Users. All terms and conditions of such campaigns will be determined by the Company.

6.2. The Company reserves the right to make any changes to the content of campaigns and offers and to suspend the execution of campaigns and special offers without prior notice.

Article 7. Payments

7.1. Downloading the Application is free of charge, and for Premium Memberships and in-app purchases through the Application or purchases through the Website, the User’s approval will be obtained for the total sales price including all taxes. The User agrees, declares, and undertakes that the Company may unilaterally change the prices, campaigns, and packages at any time, that they will keep the Application updated to be aware of any changes, and that they will regularly check the Application and Website.

7.2. The User acknowledges and accepts that the Application and Website are “services performed immediately in electronic environment” and that there is no right of withdrawal and no refund can be made in accordance with Article 15 of the Distance Contracts Regulation published in the Official Gazette dated 27 November 2014 and numbered 29188. The terms of the Mindbuddy Distance Sales Agreement apply to this matter. However, the refund policies of the Apple App Store and Google Play Store apply to purchases made within the Application. The User may only request a refund from Apple for purchases made through the Apple App Store. The User acknowledges and accepts that refund requests for purchases made through the Apple App Store can only be fulfilled by Apple and that the Company has no authority to make decisions in this regard. Please visit the following page for Apple’s refund policy: https://support.apple.com/tr-tr/HT204084 For purchases made through the Google Play Store or the Website, the Company may decide to grant a refund at its sole discretion, provided that one of the following conditions is met:

  • For Annual Premium Memberships, a refund request is made within 30 days from the first payment,
  • For 6-month Premium Memberships, a refund request is made within 7 days from the first payment.

The User acknowledges and accepts that there is no right to a refund for the product or service subject to the contract, which is a Premium Membership, as specified in Article 6.2, but that the Company provides the option to request a refund at its discretion to gain user satisfaction, that this option may be withdrawn by the Company at any time, and that each refund request will be evaluated separately and at the discretion of the Company. The User acknowledges and accepts that a refund is not possible under any circumstances for 3-month and 1-month Premium memberships.

7.3. Billing: The Company may use a third-party payment processor (“Payment Processor”) to bill Users through a payment account (“Billing Account”) for Paid Services. The payment process will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. The Company is not responsible for any loss or damage caused by the Payment Processor. By choosing Paid Services, the User agrees to pay the Company, through the Payment Processor, all charges at the applicable prices for the Paid Services at the time of each use, in accordance with the applicable payment terms, and authorizes the Company to charge the User’s chosen payment provider (“Payment Method”) through the Payment Processor. The User agrees to make payment using the selected Payment Method. The Company reserves the right to correct any errors or mistakes even if a request has been made or payment has been received.

7.4. Payment Method: The terms of payments will depend on the User’s chosen Payment Method and may be subject to agreements between the User and the financial institution or credit card issuer. If the Company, through the Payment Processor, is unable to receive payment from the User, the User agrees to pay all amounts due upon demand by the Company.

7.5. Continuous Billing: The User acknowledges that some Paid Services may include continuous billing after an initial one-time charge. By choosing a Paid Service that includes continuous billing, the User agrees to the initial charges and ongoing periodic charges until the service is canceled. The User agrees that the Company may charge the User periodically (e.g., monthly) without further authorization until the User terminates the authorization or cancels the Paid Service.

7.6. Required Current Information: The User must provide current, complete, and accurate information for the Billing Account (such as billing address, credit card number, or credit card expiration date). If the User’s Payment Method is canceled (e.g., due to loss or theft), unauthorized closure, or if the User becomes aware of a potential breach of security (e.g., unauthorized disclosure or use of User’s login information), the User must promptly notify the Company or the Payment Processor. Changes to such information can be made through the security page associated with the purchase on the Apple App Store or Google Play Store. If the User fails to provide any of the aforementioned information, the Company may continue charging the Billing Account for any Paid Services until the User terminates the Paid Service as set forth above.

7.7. Change in Authorized Amount: If the amount to be charged to the User’s Billing Account varies from the amount previously authorized, the User has the right to receive notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. The User agrees that the Company may charge for transactions immediately after they are made or on a periodic basis as described at the time of selecting the Paid Service.

7.8. Reconfirmation of Authorization: The User’s continued use of the Paid Services or failure to cancel the Paid Services signifies that the Company is authorized to charge the User’s Payment Method. The Company may charge all sums that the User has agreed to be charged to the Billing Account and the User remains responsible for such amounts. This does not waive the Company’s right to seek payment directly from the User.

7.9. Free Trials and Other Promotions: Any free trial or other promotion that provides access to a Paid Service must be used within the specified time period of the trial. The User must cancel the Paid Service before the end of the trial period to avoid being charged. If the User cancels the trial before the end of the trial period and is nonetheless inadvertently charged for the Paid Service, the User should contact the Company at info@akidetech.com.

Article 8. Intellectual Property Rights and Reservation of Rights

The software’s intellectual property belongs to the Company. The structure, organization, and code of the software constitute valuable intellectual property of the Company and its suppliers. The software is protected by copyright laws and international treaties. Except as expressly stated herein, this agreement does not grant the User any intellectual property rights in the software, and all rights not expressly granted are reserved by the Company.

Article 9. Final Provisions

9.1. This User Agreement is a document evidencing the resolution of disputes under the Code of Civil Procedure. Users consent to the recording and preservation of agreements for the purposes of proof and accessibility.

9.2. The Buyer may communicate any questions, opinions, requests, and suggestions regarding any matter to the Company’s email address info@akidetech.com.