1. PARTIES AND SUBJECT MATTER
This User Agreement ("Agreement") is entered into and effective upon approval between MİBOSO MEDYA İLETİŞİM ANONİM ŞİRKETİ ("Company"), with its registered office at Rüzgarlıbahçe Mahallesi Kavak Sokak Smart Plaza B Blok Kat 3, 34805 Beykoz/İstanbul, which operates the mibosowellbeing.com website and/or mobile application, and the internet user who becomes a member of the Platform ("User"). In this Agreement, the Company and the User are individually referred to as a "Party" and collectively as the "Parties".
2. DEFINITIONS
Personal Data: Data identifying an individual within the scope of Law No. 6698, including name, surname, email, age, and gender information provided for the purpose of becoming a member of the Website, as well as information shared through social media.
Processing of Personal Data: Any operation performed on personal data, including obtaining, recording, storing, modifying, transferring, disclosing, and preventing use.
User: All visitors using the Platform.
Seller: Any natural or legal person selling products or services on the Platform.
Distance Sales Agreement: The agreement that applies when the User purchases a product/service from the Seller.
Platform: The website and/or mobile application owned by the Company at mibosowellbeing.com.
3. SCOPE AND PURPOSE OF THE AGREEMENT
3.1. This Agreement governs the terms and conditions relating to the User's membership, access, and use of the Platform. The User declares that they have approved this Agreement electronically, have read and accepted all terms. The Privacy Policy and Cookie Policy are integral parts of this Agreement.
3.2. This User Agreement does not cover the relationship between the User and the Seller. The Company is not responsible for User-Seller relations.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. To become a User, the Agreement must be approved and information must be provided accurately, completely, and up to date. The User is responsible for any consequences arising from providing inaccurate information. Persons under the age of 18 may not use the Platform. By becoming a member of the Platform, the User represents and warrants that they are over 18 years of age. If it is determined that an individual under the age of 18 is using the Platform, their membership shall be terminated immediately. The Company reserves the right to restrict or terminate membership as it deems necessary.
4.2. The User acknowledges that the Company is solely an intermediary service provider and that only the Seller is responsible for the products/services offered by the Seller.
4.3. The Company is not obligated to monitor content under applicable legislation.
4.4. The Company is not responsible for content and information shared by Sellers.
4.5. It is acknowledged that the services offered through the Platform do not constitute medical diagnosis, treatment, or referral.
4.6. The User is obligated to use the Platform in compliance with the law. In case of non-compliant use, the Company reserves the right to restrict or terminate membership and to initiate legal proceedings.
4.7. The Company is not responsible for unauthorised access to data shared with the Seller.
4.8. While the Company takes reasonable security measures, it is not responsible for damages caused by viruses or malicious software. The User is responsible for the security of their own device.
4.9. The User may only post reviews that are honest, lawful, and do not violate personal rights, and only regarding products/services they have purchased. The Company reserves the right to remove or edit content.
4.10. The User is obligated to keep their account information confidential. The User is responsible for all transactions made through their account.
4.11. The User agrees to use the Platform in compliance with applicable regulations. Prohibited activities include: spamming, spreading viruses, creating fake accounts, copying data, commercial use, and sharing unlawful content.
4.12. The Company is not responsible for Seller-User relations outside the Platform.
4.13. The Company's total liability under this Agreement shall in any event be limited to the total service fees paid by the User through the Platform in the preceding 12 (twelve) months. The Company shall not be liable for indirect, incidental, or consequential damages.
5. COMMERCIAL ELECTRONIC COMMUNICATIONS
5.1. The User may receive commercial electronic communications from the Company via email or SMS, provided that they give explicit and separate consent. This consent is not required for registration or use of the service.
5.2. SMS messages are sent solely by Miboso Wellbeing. Message frequency varies. Message and data rates may apply. The User may stop receiving SMS at any time by replying STOP or get help by replying HELP.
5.3. The User may withdraw their consent at any time. Withdrawal of consent does not affect use of the service.
5.4. Notwithstanding the foregoing provisions, the Company may send one-time passwords (OTP) to the phone number provided during registration in order to ensure the security of the user account. These messages do not constitute commercial electronic messages; rather, they are mandatory transactional notifications within the scope of account security and do not require separate consent. By registering their phone number on the platform, the User acknowledges and agrees that such verification messages may be sent. The User may stop the delivery of these messages by texting STOP; however, in such a case, the SMS authentication feature will be disabled.
6. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights relating to the Platform, including trademarks, designs, logos, software, and content, belong to the Company. The User may not use, share, or reproduce such content without permission. The User shall be liable for any damages arising from infringement.
7. PRIVACY AND PROTECTION OF PERSONAL DATA
7.1. The Company processes and protects personal data in accordance with the Turkish Personal Data Protection Law (KVKK). The User may review the Privacy Policy and exercise their rights by contacting info@mibosowellbeing.com.
7.2. Personal data is processed for the purposes of membership operations, payment processes, customer services, service improvement, analysis, and similar purposes within the scope of the Privacy Policy and Cookie Policy. Mobile phone numbers and SMS communication data are under no circumstances sold, rented, or shared with third parties for marketing or promotional purposes.
8. TERMINATION OF THE AGREEMENT AND SUSPENSION OF MEMBERSHIP
8.1. The Agreement enters into force upon approval. Either Party may terminate it unilaterally at any time.
8.2. The User may request deletion of their account through the Platform or by written application to info@mibosowellbeing.com. Account deletion requests shall be processed within thirty (30) days at the latest. Upon account deletion, personal data not subject to statutory retention obligations shall be deleted, destroyed, or anonymised. The User may request that their data be provided in a portable format before the account is deleted.
8.3. The Company may suspend or terminate membership if the User acts in breach of this Agreement or applicable legislation. In such cases, the Company shall notify the User by email and state the reason for suspension. The User may object within fifteen (15) days of the notification date.
9. MISCELLANEOUS PROVISIONS
9.1. The Company reserves the right to amend the policies and rules on the Platform. Changes shall be notified to the User by email and/or through the Platform at least fifteen (15) days before they take effect. If the User does not accept the changes, they may terminate their membership.
9.2. The User may not assign their rights arising from this Agreement. The Company may assign its rights and obligations in whole or in part; in such case, the Company shall notify the User at least thirty (30) days in advance. If the User does not accept the assignment, they may terminate the Agreement.
10. FORCE MAJEURE
Natural disasters, war, strikes, and similar events beyond the Company's control shall be deemed force majeure. The Company shall not be liable for failure to fulfil its obligations during such period.
11. EVIDENCE AGREEMENT
The Company's commercial books and electronic records shall constitute valid evidence within the meaning of Article 193 of the Turkish Code of Civil Procedure (HMK) in any disputes arising from this Agreement. This provision does not preclude the User's right to present counter-evidence.
12. DISPUTE RESOLUTION
The Istanbul Central (Çağlayan) Courts and Enforcement Offices shall have jurisdiction over disputes arising from this Agreement. The provisions regarding Consumer Arbitration Committees and Consumer Courts set forth in the Distance Sales Agreement are reserved for disputes related to purchase transactions. The Privacy Policy and Cookie Policy are integral parts of this Agreement.