Terms

These Terms of Use (Agreement) have been entered into between Diştedavim Technology Services Corporation (Diştedavim), located at Atatürk Mah. Ertuğrul Gazi Sk. 2R Blok No:15 Ataşehir/İstanbul (APY TEKMER), and the User. In this Agreement, individually the User and Diştedavim shall be referred to as "Party" and collectively as "Parties".

By accessing the Platform, whether or not benefiting from the Services, by registering/accessing as a member, the User acknowledges and declares that they have read all the provisions and conditions set forth in this Agreement, fully understand its content, and electronically approve all its provisions. This Agreement has been prepared to regulate matters not found in other texts prepared for Users and the use of the Platform, whether or not Services are provided.

1. DEFINITIONS

Under this Agreement;
Individual User; refers to the person accessing the Platform other than Clinics and Suppliers to benefit from the Services,
Privacy Policy and Personal Data Text: the text on the Platform detailing how Users' data is processed and Diştedavim's privacy policies approved by Users,
Services: includes all kinds of services provided by Diştedavim on the Platform under this Agreement,
Clinic: refers to health institutions registered on the Platform as defined by Article 4 of the Regulation on Private Health Institutions Providing Oral and Dental Health Services,

Clinic Services: refers to dental health and care services to be provided to Individual Users by the Clinics in accordance with the contract to be concluded between Clinics and Individual Users and within the scope of relevant legislation including Law No. 1219 on Medical Professions and Practices and the Regulation on Private Health Institutions Providing Oral and Dental Health Services,

User: refers to Individual User, Clinic, and Supplier collectively or individually,

Platform: refers to www.distedavim.com and/or the Diştedavim mobile application owned by Diştedavim,

Supplier: refers to the person who will sell Products to other Users through the Platform,

Products: refers to the products to be sold to other Users through the Platform by the Supplier under the Supplier Agreement,

2. SUBJECT AND SCOPE

2.1. The subject of this Agreement is to determine the terms and conditions for the use of the Platform, the conditions for benefiting from the Services provided on the Platform by Diştedavim, and the rights and obligations of the Parties.

2.2. In order for the User to benefit from the Services provided by Diştedavim on the Platform by accessing the Platform, the User must accept this Agreement. In case of violation of this Agreement, Diştedavim may prevent the User from accessing the Platform.

2.3. The Platform constitutes a whole with all its components and domain names, and is subject to the provisions of this Agreement regardless of where physically hosted, including all services and applications such as http, https, ftp, dns, database, mobile, IOS, Android, email, API, and similar services and applications where documents, photos, videos, and any other files uploaded by Diştedavim are concerned.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Platform has been established by Diştedavim to facilitate digital communication between Users. Diştedavim does not conduct intermediary or advertising activities for any Clinic accessing the Platform, but only provides the necessary technical infrastructure for communication between Users. Any element on the Platform or any announcement, notification, correspondence, or similar information provided by Diştedavim under this Agreement cannot be interpreted as directing Users to a specific Clinic, recommending a specific Clinic Service, or providing or arranging online dental services. The relationships to be established between Users via the Platform are entirely at the discretion of the Users, and Diştedavim does not provide any recommendation or guidance in this regard.

3.2. Users may benefit from the Services without registering as a member, or they may also become members by clicking on the "Sign Up" button on the Platform and filling out the required information on the screen that opens. To become a member, the User must share their personal information and set a password. Membership is completed by entering the code from the SMS sent to the User's phone into the application form and by approving the Terms of Use, Privacy Policy and Personal Data Text, and other approval buttons by the User electronically.

3.3. Clinics publish information such as Clinic name and address, offered Clinic Services, and resident dentists by registering them on the Platform for access by other Users. Individual Users can view Clinics by filtering by time and place using the search engine on the Platform and access the information published by Clinics under this provision. Individual Users can contact the Clinic through the Platform to make an appointment for receiving Clinic Services they find suitable after the search results. Diştedavim does not have the discretion to determine the scope and conditions of Clinic Services, appointment dates and times, appointment and treatment fees, and only provides technical support for Clinics to publish this information and for Individual Users to contact Clinics at their discretion by viewing this information.

3.4. An Individual User can have online consultations with dentists working at the Clinic selected through the Platform. Online consultations with the Clinic are only advisory and do not constitute diagnosis, examination, or treatment. Diştedavim has no direct or indirect liability for any diagnosis, examination, or treatment nature of online consultations. Furthermore, Diştedavim has no obligation or ability to monitor the content of the online consultation or intervene in the activities of Clinics. Diştedavim reserves the right of recourse in this regard.

3.5. The online consultation between the Clinic and the Individual User will be conducted through online platforms providing video conferencing capabilities. Diştedavim cannot access the content of the online consultation, does not provide any guarantee or commitment regarding the content of the consultation. If there is any violation of the legislation, including Law No. 6698 on Protection of Personal Data, and other regulations in the environment where the consultation is conducted, Diştedavim has no direct or indirect liability. Diştedavim reserves the right of recourse in this regard.

3.6. The Services provided on the Platform are in no way intended as direct diagnosis, examination, diagnosis, or treatment recommendation or suggestion of any medicine/supplement. Diştedavim does not recommend any Clinic to any Individual User in any way. The Platform only provides Clinics with the opportunity to communicate with potential patients and provides the necessary technological infrastructure. Diştedavim is not a party to the relationship between Clinics and Individual Users, and does not participate in the provision of Clinic Services. Therefore, Individual Users or Clinics cannot apply to Diştedavim alleging that the other party did not fulfill their obligations or acted contrary to the legislation or the contract between them. For the same reason, Diştedavim does not inspect, control, or guarantee Clinic Services, and does not intervene in them.

3.7. Under the Supplier Agreement entered into with Diştedavim, Suppliers can sell Products to other Users through the Platform in compliance with this Agreement and the Supplier Agreement. Other Users can purchase Products offered for sale through the Platform. Diştedavim is not a party to the sales contract between the Supplier and the buyer User, and therefore cannot be held responsible for any liability arising from the relevant sales contract.

3.8. This Agreement is exclusively between Diştedavim and Users and is independent of any other texts entered into between Users and/or third parties. Any legal or commercial relationship between Users is outside the scope of this Agreement, and Diştedavim is in no way liable for any debt, commitment, or obligation arising from or related to such relationships or contracts between such persons.

3.9. When using and visiting the Platform, including but not limited to, Users agree, declare, and undertake not to engage in actions contrary to law and morality or actions that may damage the Services. Diştedavim does not warrant the correctness, accuracy, legality, or quality of the information, texts, images, videos, or other content uploaded or transferred to the Platform by the User or another User. Users are fully responsible for the content they upload to the Platform.

4. TERM OF AGREEMENT AND TERMINATION

4.1. This Agreement shall enter into force on the date of acceptance by the User and shall continue until terminated by the User or Diştedavim for any reason in accordance with the provisions of this Agreement.

4.2. Users may terminate this Agreement at any time by ceasing to use the Services and notifying Diştedavim. Diştedavim may terminate this Agreement at any time by blocking the User's access to the Platform and the Services, giving reasonable notice to the User.

4.3. Diştedavim may immediately terminate this Agreement without notice if the User violates this Agreement. The User acknowledges that Diştedavim shall not be liable to the User or any third party for any termination of this Agreement or suspension of their access to the Platform and the Services due to a breach of this Agreement.

4.4. Upon termination of this Agreement, all rights and obligations of the Parties arising from this Agreement shall be terminated except for the provisions that are intended to survive or whose performance has not yet been completed.

5. AMENDMENT OF THE AGREEMENT

5.1. Diştedavim may amend this Agreement at any time by notifying Users of the amendments via the Platform or other communication channels. Amendments to this Agreement shall enter into force on the date specified in the notification or, if no date is specified, on the date of notification.

5.2. Users who do not accept the amendments made to this Agreement have the right to terminate this Agreement by ceasing to use the Services and notifying Diştedavim.

6. MISCELLANEOUS PROVISIONS

6.1. This Agreement constitutes the entire agreement and understanding between the Parties concerning the subject matter hereof, and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.

6.2. No failure or delay by a Party in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

6.3. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance herefrom.

6.4. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

6.5. The Parties agree to negotiate in good faith to resolve any dispute arising out of or in connection with this Agreement. If the Parties are unable to resolve the dispute within thirty (30) days after the date on which either Party provides written notice to the other Party of the dispute, either Party may submit the dispute to arbitration in accordance with the rules of the Arbitration Association.

6.6. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflicts of laws principles.

6.7. Any notices or other communications required or permitted hereunder shall be in writing and shall be deemed to have been given if delivered personally, or sent by registered mail, postage prepaid, or sent by email to the address specified in this Agreement or to such other address as may be specified by either Party to the other Party in writing.

- To violate the terms of this Agreement and other agreements to be concluded within the scope of the Platform,

- To act contrary to the provisions of the current legislation and regulations regarding internet use,

- To provide incomplete, incorrect, and misleading information during registration/membership to the Platform,

- Not to provide current and accurate information about oneself, to use information belonging to another person unlawfully,

- To obtain or attempt to obtain Users' information unlawfully,

- To create multiple accounts and/or use the Platform in a misleading manner about their own identity with information and/or documents (real or imaginary) that do not belong to them, by changing/hiding the IP address or by other means,

- To unlawfully alter, use, or attempt to alter and use information published by Diştedavim,

- To infringe the personality and intellectual property rights of Diştedavim and/or a third party,

- To upload, share, or publish any content that is unlawful, obscene, violates others' privacy, is pornographic, contains nudity, or depicts such content,

- To take actions that damage the reputation of Diştedavim and/or obstruct its activities,

- To transmit information that is unlawful to transmit and/or share harmful data such as chain mail, software viruses,

- To engage in sharing that violates the rights of third parties, constitutes unfair competition, and is contrary to law and/or morality,

- To engage in behaviors and activities that will negatively affect/prevent the operation of the Platform, manipulate the operation of the Platform, interfere with security systems, and

- To render the Platform unusable by preparing automatic programs or to attempt to do so.

3.13. Diştedavim has no responsibility and/or compensation obligation in case of the following situations related to the Platform: - The User's failure to make necessary updates to the Platform in a timely and/or correct manner, resulting directly and/or indirectly in damage,

- The User's use of the Platform for an unlawful purpose, resulting directly and/or indirectly in damage,

- Performance loss, deficiency, error, interruption, internet data package expenses, computer virus, fault and/or system malfunction resulting from technical problems such as disabling or incorrect installation of the Platform during or after its use, direct and/or indirect damages may occur.

3.14. The User declares and undertakes that they are of legal age according to the laws of the Republic of Turkey and not restricted. Minors and/or restricted persons cannot benefit from the rights and authorities provided by being a User, even if they have completed the registration process and/or use the Platform or the Services. Claims and procedures contrary to this are not the responsibility of Diştedavim. The membership of a User who has not reached the age of 18 or whose information is found to be inconsistent will be cancelled. Diştedavim has no liability for any false statement made by the User.

3.15. Diştedavim is not responsible for any interruptions in communication between the Platform and the User due to any technical issues (infrastructural and/or hardware reasons, etc.) such as any error, negligence, interruption, deletion, corruption, transmission delay, or communication network failure.

3.16. Every transaction performed with the Platform access tools (password, etc.) owned by the User will be considered as performed by the User themselves. The security, storage, keeping away from third-party knowledge, and use of the access tools (email address, password, etc.) used by the User to access the system used to benefit from the Services offered through the Platform are entirely the responsibility of the User. Diştedavim does not accept any responsibility for any damages and losses that may arise due to the User's failure to maintain the confidentiality of their account information, security of access tools, storage, keeping away from third-party knowledge, and use. The User is obliged to immediately notify Diştedavim of any unauthorized access to the membership account or any violation or suspected violation of the confidentiality of access paths to the Platform and/or Services that they are aware of or should reasonably be aware of, without the permission. Diştedavim is not liable for any damage and loss, including data losses and data corruptions that may occur as a result of the violation of this Article of the Agreement by the User.

4. PRIVACY AND PROTECTION OF PERSONAL DATA

4.1. Diştedavim agrees to comply with all kinds of legislation, including Law No. 6698 on the Protection of Personal Data, regarding the confidential information and personal data provided by the User via the Platform to benefit from the Services offered on the Platform, as well as its obligations arising from the Privacy Policy and Personal Data Text. The User is responsible for continuously monitoring the Platform and updates to the Privacy Policy and Personal Data Text. Within this scope, Users' information may be processed within the scope and limits specified in the Privacy Policy and Personal Data Text.

4.2. The User acknowledges and undertakes that, if personal data belonging to any third party is added to the Platform while benefiting from the Services, it is the User's responsibility to provide the necessary information to the relevant individuals regarding their processed personal data and to obtain their explicit consents, if required within the scope of the relevant legislation. In this regard, the User acknowledges and undertakes that Diştedavim has been informed by the User that the necessary consents of the relevant individuals have been obtained within the necessary limits and that explicit consents have been obtained in order for Diştedavim to provide the Services within the scope of this Agreement. Diştedavim shall not be held responsible for the incomplete use and/or non-use of the Services under this Agreement due to the User's failure to fulfill its obligations regarding personal data, and shall not be liable for any damages arising from the non-fulfillment of these obligations.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. The User acknowledges that the Platform belongs to Diştedavim and is operated by it. The content of the Platform is protected under Law No. 5846 on Intellectual and Artistic Works. Any and all software, designs, source code, object code, directories, visuals, or content on the Platform are exclusively owned by Diştedavim as a general rule. The User agrees, declares, and undertakes not to violate any intellectual and industrial property rights belonging to Diştedavim on the Platform. Users undertake not to reproduce, copy, distribute, process, the advertisements, images, texts, visual and auditory images, files, databases, catalogs, and lists found on the Platform, which may infringe upon the personal or proprietary rights of Diştedavim and/or another third party.

5.2. For the provision of the Services under this Agreement, Diştedavim is the sole owner of all intellectual property rights, including but not limited to products and/or services used in the Platform related to the provided Services, projects, documents, visuals, texts, newsletters, slogans, videos, designs, know-how, and all kinds of commercial information, illustrations, data databases, system flows, logos, emblems, and data, ideas, commercial trademarks, and commercial appearances belonging to Diştedavim and/or business partners, codes, techniques, statistics, and moral rights arising from 5846 Law on Intellectual and Artistic Works and other legislation.

5.3. The User agrees, declares, and undertakes that it will not reverse engineer the Platform, find, obtain, or copy the source code of the Platform for the purpose of copying, cracking the security encryption codes, sending SPAM mail or malicious software, or attempting to violate the security of any computer network. Otherwise, the User shall be liable for any and all damages incurred directly or indirectly as a result of such actions, and Diştedavim reserves its rights under the legislation and the right of recourse.

6. TERM AND TERMINATION OF THE AGREEMENT

6.1. This Agreement shall enter into force upon being electronically accepted by the User; each User shall be bound by this Agreement indefinitely unless terminated in the manner stipulated in this Agreement. Users are obliged to perform their rights and obligations arising from this Agreement until the termination date of the Agreement.

6.2. In the event that the User acts contrary to its obligations under this Agreement or engages in an illegal or unethical activity, Diştedavim reserves the right to terminate this Agreement without notice and without compensation, suspend or terminate the User's access to the Platform and the Services temporarily or permanently, or restrict the User's access to and use of the Services. The User shall be solely responsible for any and all direct or indirect damages arising from such violation, and Diştedavim reserves its rights under the legislation and the right of recourse.

6.3. Diştedavim may terminate this Agreement and/or the Services under this Agreement at any time, without stating any reasons, without notice, without any obligation to pay compensation, and with immediate effect, regardless of the User's non-compliant actions, and may restrict or terminate the User's access to the Platform and terminate the User's access to and use of the Services. Diştedavim may temporarily suspend or completely terminate the operation of the Platform at any time, without stating any reasons. Diştedavim shall not be liable for any suspension of the use of the Platform or its complete termination.

7. OTHER PROVISIONS

7.1. Diştedavim reserves the right to unilaterally change this Agreement and its annexes at any time at its own discretion, by publishing them on the Platform and/or by informing the User through the contact information available on the Platform. Such changes shall become effective on the date of publication and/or notification. The User is obliged to follow these changes and updates and is deemed to have accepted these changes by continuing to use the Platform after publication and/or notification of the changes.

7.2. The User may not partially or entirely assign this Agreement, its annexes, or the rights and obligations under this Agreement to any third party without the prior written consent of Diştedavim.

7.3. Natural disasters, war, civil war, mobilization, strike, fire, pandemic (epidemic disease), explosion, uprising, terrorism, cyber-attacks, prolonged and widespread power outage, internet interruptions, computer viruses, legislation changes, and other events beyond the control of Diştedavim, which Diştedavim could not prevent despite taking necessary care and unforeseen events that partially or completely eliminate the fulfillment of obligations arising from this Agreement, shall be considered force majeure. In case of force majeure, Diştedavim shall not be responsible for delay, partial or non-performance, or default or damages, and the User cannot claim compensation under any name for these situations. If force majeure lasts more than 30 (thirty) days, Diştedavim may unilaterally terminate this Agreement without any obligation to pay compensation.

7.4. Turkish Law shall apply to the application, interpretation, and management of legal relationships arising from this Agreement. Istanbul Çağlayan Courts and Execution Offices shall have jurisdiction over any and all disputes arising from or related to this Agreement.

7.5. Any and all electronic or physical records and documents held by Diştedavim shall constitute valid, binding, and definitive evidence in any dispute arising from or related to this Agreement and its annexes. The User acknowledges that this clause is a contract of evidence within the meaning of Article 193 of the Law on Civil Procedure No. 6100.

7.6. The User declares and accepts that the address provided to Diştedavim is the address for notification purposes in accordance with the Notification Law. If any change of address is not notified to Diştedavim within 3 (three) business days by the User, notifications made to the address known by Diştedavim shall be deemed valid. In this Agreement, in cases where there is no need for notification under Article 18/3 of the Turkish Commercial Code, other information and warnings regarding the Agreement shall be made to the email address notified to Diştedavim when accessing the Platform. Any notice and warning to be made to Diştedavim by the User may be delivered to [[email protected]] email address.

7.7. The User acknowledges that, under this Agreement, Diştedavim cannot acquire the status of representative, authorized person, agent, commercial representative, partner, solution or business partner, distributor, and similar titles with respect to the User or third parties in all its documents, brochures and advertisements, internet site, and references.

8. COMMERCIAL ELECTRONIC COMMUNICATIONS

8.1. Diştedavim may contact the User for various purposes, including campaigns, advantages, promotions, advertisements, surveys, research, and other customer satisfaction practices, through the User's contact information such as their mobile phone number and email address shared with Diştedavim.

8.2. If the User no longer wishes to be contacted for these purposes after having given consent, they may freely exercise their right to refuse to receive commercial electronic communications by contacting Diştedavim via the email address [[email protected]]. The exercise of this refusal right does not prevent Diştedavim from sending notifications required by applicable legislation.