Terms of Service and Membership Agreement

1.1. Principal Covenant and Operational Scope: These Terms of Service and Membership Agreement ("Agreement" or "Terms") constitute a legally binding contract between you ("User", "Member", or "Customer") and the operating entities of the Mistikist platform: Mistikist LTD ("Mistikist UK", incorporated in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat Anonim Şirketi ("Shellix Bilişim A.Ş.", incorporated in the Republic of Türkiye under MERSİS No. 0769152927300001, registered office at Kötekli Mahallesi Denizli Yolu Bulvarı No:4B/23 Menteşe / MUĞLA, Türkiye) (collectively referred to as "Mistikist", "Company", "we", or "us").

1.2. Principal Covenant and Operational Scope: This Agreement governs your access to and use of mistikist.com, app.mistikist.com, the Mistikist iOS and Android mobile applications, the Mistikist Microsoft Teams app, and all associated audio-visual sessions, subconscious mind programming tools, and enterprise wellbeing services (collectively, the "Platform").

1.3. Statutory Basis, Regulatory Hierarchy, and Rules of Construction: The interpretation, performance, and enforcement of this Section shall be governed strictly in accordance with applicable mandatory statutory frameworks, including Regulation (EU) 2016/679 (EU GDPR), the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), the UK Consumer Rights Act 2015, the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), and—for users domiciled in the Republic of Türkiye—Personal Data Protection Law No. 6698 (KVKK) and Consumer Protection Law No. 6502 (TKHK). Nothing in this Section shall be construed to limit, waive, or derogate from any non-waivable statutory right or remedy afforded to consumers or data subjects under the mandatory laws of their habitual residence.

1.4. Technical Enforcement, Auditability, and Evidentiary Integrity: Mistikist LTD (registered in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat A.Ş. (MERSİS No. 0769152927300001, Muğla, Türkiye) maintain cryptographic audit logs, timestamped consent ledgers, and role-based access controls across iOS, Android, Web (app.mistikist.com / mistikist.com), and Microsoft Teams environments. Both parties acknowledge that server-side cryptographic timestamps, authenticated session records, and payment processor receipts (Stripe, Apple App Store, Google Play Store) constitute prima facie, verifiable evidence of transaction and consent state.

• For Users residing in the Republic of Türkiye, domestic billing, e-Archive/e-Invoice issuance, and Consumer Law No. 6502 compliance are executed by Shellix Bilişim A.Ş.
• For Users residing in the United Kingdom, European Economic Area (EEA), Switzerland, North America, and all other international jurisdictions, licensing and commercial billing are executed by Mistikist LTD (London).
• Cross-Platform Applicability: Binding across Mistikist iOS, Android, Web Application (app.mistikist.com), Corporate Web (mistikist.com), and Microsoft Teams integrations.
• Joint Corporate Accountability: Administered jointly by Mistikist LTD (UK Company No. 15705777) and Shellix Bilişim A.Ş. (Türkiye MERSİS 0769152927300001).

2.1. Principal Covenant and Operational Scope: Mistikist is a subscription and license-based digital mental wellbeing and subconscious mind programming software platform. It combines user-recorded own-voice affirmations, Theta (4–8 Hz), Alpha (8–12 Hz), Delta (0.5–4 Hz), and Gamma (40 Hz) binaural and isochronic frequency layers, guided breathing cadences, 21-day transformation journeys, Mistikist AI personal session recommendations, eyes-open kaleidoscope visuals (Pulsate), and optional camera-based rPPG / HRV wellness biofeedback.

2.2. Statutory Basis, Regulatory Hierarchy, and Rules of Construction: The interpretation, performance, and enforcement of this Section shall be governed strictly in accordance with applicable mandatory statutory frameworks, including Regulation (EU) 2016/679 (EU GDPR), the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), the UK Consumer Rights Act 2015, the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), and—for users domiciled in the Republic of Türkiye—Personal Data Protection Law No. 6698 (KVKK) and Consumer Protection Law No. 6502 (TKHK). Nothing in this Section shall be construed to limit, waive, or derogate from any non-waivable statutory right or remedy afforded to consumers or data subjects under the mandatory laws of their habitual residence.

2.3. Technical Enforcement, Auditability, and Evidentiary Integrity: Mistikist LTD (registered in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat A.Ş. (MERSİS No. 0769152927300001, Muğla, Türkiye) maintain cryptographic audit logs, timestamped consent ledgers, and role-based access controls across iOS, Android, Web (app.mistikist.com / mistikist.com), and Microsoft Teams environments. Both parties acknowledge that server-side cryptographic timestamps, authenticated session records, and payment processor receipts (Stripe, Apple App Store, Google Play Store) constitute prima facie, verifiable evidence of transaction and consent state.

2.4. Notices, Escalation, and Statutory Redress Channels: Any formal inquiry, compliance notice, data subject request, or dispute relating to this Section may be submitted in writing to [email protected], [email protected], or [email protected] (and [email protected] for Türkiye). All verified submissions are logged under a unique reference identifier and resolved free of charge within the applicable statutory deadline (one (1) month under EU/UK GDPR Article 12(3), 30 days under KVKK Article 13, and 30–45 days under CCPA/CPRA).

• Cross-Platform Applicability: Binding across Mistikist iOS, Android, Web Application (app.mistikist.com), Corporate Web (mistikist.com), and Microsoft Teams integrations.
• Joint Corporate Accountability: Administered jointly by Mistikist LTD (UK Company No. 15705777) and Shellix Bilişim A.Ş. (Türkiye MERSİS 0769152927300001).
• Cryptographic & Privacy Safeguards: Enforced via TLS 1.3 in transit, AES-256 encryption at rest, strict tenant isolation, and zero third-party ad-network data brokerage.
• Statutory Redress & DPO Escalation: Formal requests are processed via [email protected], [email protected], and [email protected] within statutory timelines.

3.1. Principal Covenant and Operational Scope: To create an account or purchase a subscription, you must be at least 18 years of age (or the applicable age of legal majority in your jurisdiction) and possess the legal capacity to enter into a binding contract. Individuals under 18 may only use the Platform under the direct supervision and verifiable consent of a parent or legal guardian.

3.2. Principal Covenant and Operational Scope: You agree to provide accurate, current, and complete account and billing information. You are solely responsible for safeguarding your login credentials, Apple/Google single sign-on tokens, and enterprise activation codes. Sharing an individual subscription account across multiple unauthorized users is strictly prohibited.

3.3. Statutory Basis, Regulatory Hierarchy, and Rules of Construction: The interpretation, performance, and enforcement of this Section shall be governed strictly in accordance with applicable mandatory statutory frameworks, including Regulation (EU) 2016/679 (EU GDPR), the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), the UK Consumer Rights Act 2015, the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), and—for users domiciled in the Republic of Türkiye—Personal Data Protection Law No. 6698 (KVKK) and Consumer Protection Law No. 6502 (TKHK). Nothing in this Section shall be construed to limit, waive, or derogate from any non-waivable statutory right or remedy afforded to consumers or data subjects under the mandatory laws of their habitual residence.

3.4. Technical Enforcement, Auditability, and Evidentiary Integrity: Mistikist LTD (registered in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat A.Ş. (MERSİS No. 0769152927300001, Muğla, Türkiye) maintain cryptographic audit logs, timestamped consent ledgers, and role-based access controls across iOS, Android, Web (app.mistikist.com / mistikist.com), and Microsoft Teams environments. Both parties acknowledge that server-side cryptographic timestamps, authenticated session records, and payment processor receipts (Stripe, Apple App Store, Google Play Store) constitute prima facie, verifiable evidence of transaction and consent state.

• Cross-Platform Applicability: Binding across Mistikist iOS, Android, Web Application (app.mistikist.com), Corporate Web (mistikist.com), and Microsoft Teams integrations.
• Joint Corporate Accountability: Administered jointly by Mistikist LTD (UK Company No. 15705777) and Shellix Bilişim A.Ş. (Türkiye MERSİS 0769152927300001).
• Cryptographic & Privacy Safeguards: Enforced via TLS 1.3 in transit, AES-256 encryption at rest, strict tenant isolation, and zero third-party ad-network data brokerage.
• Statutory Redress & DPO Escalation: Formal requests are processed via [email protected], [email protected], and [email protected] within statutory timelines.

4.1. Principal Covenant and Operational Scope: Mistikist is a digital relaxation, mindfulness, focus, stress management, and personal growth platform. Mistikist is NOT a medical device (as defined by the US FDA, UK MHRA, EU MDR 2017/745, or Turkish TİTCK) and does NOT provide medical advice, clinical diagnosis, psychotherapy, or psychiatric treatment.

4.2. Principal Covenant and Operational Scope: Camera-based remote photoplethysmography (rPPG) heart rate variability (HRV) and stress readings provided within the app are intended strictly for general wellness awareness and self-reflection; they are not a substitute for clinical electrocardiography (ECG) or professional medical evaluation. Always consult a qualified physician or mental health professional regarding any medical or psychological condition.

4.3. Statutory Basis, Regulatory Hierarchy, and Rules of Construction: The interpretation, performance, and enforcement of this Section shall be governed strictly in accordance with applicable mandatory statutory frameworks, including Regulation (EU) 2016/679 (EU GDPR), the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), the UK Consumer Rights Act 2015, the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), and—for users domiciled in the Republic of Türkiye—Personal Data Protection Law No. 6698 (KVKK) and Consumer Protection Law No. 6502 (TKHK). Nothing in this Section shall be construed to limit, waive, or derogate from any non-waivable statutory right or remedy afforded to consumers or data subjects under the mandatory laws of their habitual residence.

4.4. Technical Enforcement, Auditability, and Evidentiary Integrity: Mistikist LTD (registered in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat A.Ş. (MERSİS No. 0769152927300001, Muğla, Türkiye) maintain cryptographic audit logs, timestamped consent ledgers, and role-based access controls across iOS, Android, Web (app.mistikist.com / mistikist.com), and Microsoft Teams environments. Both parties acknowledge that server-side cryptographic timestamps, authenticated session records, and payment processor receipts (Stripe, Apple App Store, Google Play Store) constitute prima facie, verifiable evidence of transaction and consent state.

• Photosensitive Epilepsy & Visual Stimulation Warning: Eyes-open kaleidoscope (Pulsate) and rhythmic visual entrainment sessions may not be suitable for individuals with a history of photosensitive epilepsy, seizures, or severe migraines. Discontinue use immediately if you experience dizziness, visual discomfort, or disorientation.
• Prohibition on Use While Driving or Operating Machinery: Theta and Delta frequency sessions and guided breathwork induce deep autonomic relaxation and drowsiness. Never listen to or view Mistikist sessions while driving a motor vehicle, cycling, or operating heavy or hazardous machinery.
• Cross-Platform Applicability: Binding across Mistikist iOS, Android, Web Application (app.mistikist.com), Corporate Web (mistikist.com), and Microsoft Teams integrations.
• Joint Corporate Accountability: Administered jointly by Mistikist LTD (UK Company No. 15705777) and Shellix Bilişim A.Ş. (Türkiye MERSİS 0769152927300001).

5.1. Principal Covenant and Operational Scope: When using the Own-Voice Affirmation Studio, you retain full ownership of your personal voice recordings and custom affirmation scripts. You warrant that any audio or text you record does not infringe third-party rights or violate applicable laws.

5.2. Principal Covenant and Operational Scope: Mistikist AI generates personalized session suggestions, breathing cadences, and affirmation drafts based on the goals or mood inputs you provide. All outputs generated by Mistikist AI are automated wellness suggestions and must not be relied upon as clinical, legal, or financial advice.

5.3. Statutory Basis, Regulatory Hierarchy, and Rules of Construction: The interpretation, performance, and enforcement of this Section shall be governed strictly in accordance with applicable mandatory statutory frameworks, including Regulation (EU) 2016/679 (EU GDPR), the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), the UK Consumer Rights Act 2015, the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), and—for users domiciled in the Republic of Türkiye—Personal Data Protection Law No. 6698 (KVKK) and Consumer Protection Law No. 6502 (TKHK). Nothing in this Section shall be construed to limit, waive, or derogate from any non-waivable statutory right or remedy afforded to consumers or data subjects under the mandatory laws of their habitual residence.

5.4. Technical Enforcement, Auditability, and Evidentiary Integrity: Mistikist LTD (registered in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat A.Ş. (MERSİS No. 0769152927300001, Muğla, Türkiye) maintain cryptographic audit logs, timestamped consent ledgers, and role-based access controls across iOS, Android, Web (app.mistikist.com / mistikist.com), and Microsoft Teams environments. Both parties acknowledge that server-side cryptographic timestamps, authenticated session records, and payment processor receipts (Stripe, Apple App Store, Google Play Store) constitute prima facie, verifiable evidence of transaction and consent state.

• Cross-Platform Applicability: Binding across Mistikist iOS, Android, Web Application (app.mistikist.com), Corporate Web (mistikist.com), and Microsoft Teams integrations.
• Joint Corporate Accountability: Administered jointly by Mistikist LTD (UK Company No. 15705777) and Shellix Bilişim A.Ş. (Türkiye MERSİS 0769152927300001).
• Cryptographic & Privacy Safeguards: Enforced via TLS 1.3 in transit, AES-256 encryption at rest, strict tenant isolation, and zero third-party ad-network data brokerage.
• Statutory Redress & DPO Escalation: Formal requests are processed via [email protected], [email protected], and [email protected] within statutory timelines.

6.1. Principal Covenant and Operational Scope: Mistikist offers a limited Free tier alongside paid Monthly Premium, Annual Transformation, and one-time Lifetime Access plans. Direct web payments are processed securely via Stripe (PCI-DSS Level 1), while mobile in-app purchases are processed by Apple App Store or Google Play Store.

6.2. Principal Covenant and Operational Scope: Monthly and Annual subscriptions automatically renew at the end of each billing cycle at the then-current rate unless canceled prior to the renewal date. You may cancel future renewals at any time via your Account Settings, Apple/Google subscription settings, or by emailing [email protected]. Lifetime Access plans are billed once and never auto-renew.

6.3. Statutory Basis, Regulatory Hierarchy, and Rules of Construction: The interpretation, performance, and enforcement of this Section shall be governed strictly in accordance with applicable mandatory statutory frameworks, including Regulation (EU) 2016/679 (EU GDPR), the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), the UK Consumer Rights Act 2015, the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), and—for users domiciled in the Republic of Türkiye—Personal Data Protection Law No. 6698 (KVKK) and Consumer Protection Law No. 6502 (TKHK). Nothing in this Section shall be construed to limit, waive, or derogate from any non-waivable statutory right or remedy afforded to consumers or data subjects under the mandatory laws of their habitual residence.

6.4. Technical Enforcement, Auditability, and Evidentiary Integrity: Mistikist LTD (registered in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat A.Ş. (MERSİS No. 0769152927300001, Muğla, Türkiye) maintain cryptographic audit logs, timestamped consent ledgers, and role-based access controls across iOS, Android, Web (app.mistikist.com / mistikist.com), and Microsoft Teams environments. Both parties acknowledge that server-side cryptographic timestamps, authenticated session records, and payment processor receipts (Stripe, Apple App Store, Google Play Store) constitute prima facie, verifiable evidence of transaction and consent state.

• Cross-Platform Applicability: Binding across Mistikist iOS, Android, Web Application (app.mistikist.com), Corporate Web (mistikist.com), and Microsoft Teams integrations.
• Joint Corporate Accountability: Administered jointly by Mistikist LTD (UK Company No. 15705777) and Shellix Bilişim A.Ş. (Türkiye MERSİS 0769152927300001).
• Cryptographic & Privacy Safeguards: Enforced via TLS 1.3 in transit, AES-256 encryption at rest, strict tenant isolation, and zero third-party ad-network data brokerage.
• Statutory Redress & DPO Escalation: Formal requests are processed via [email protected], [email protected], and [email protected] within statutory timelines.

7.1. Principal Covenant and Operational Scope: Enterprise customers may purchase multi-seat annual licenses (from 5 to 1,000+ seats) with automated tiered volume discounts. Enterprise seat licenses are valid solely for employees, contractors, and authorized members of the purchasing organization and may not be resold or redistributed to third parties.

7.2. Principal Covenant and Operational Scope: When "Issue a corporate tax / VAT invoice for my company" is selected at checkout, an official commercial/tax invoice is issued using the company legal name, tax/VAT number, tax office, and registered billing address provided by the Customer.

7.3. Statutory Basis, Regulatory Hierarchy, and Rules of Construction: The interpretation, performance, and enforcement of this Section shall be governed strictly in accordance with applicable mandatory statutory frameworks, including Regulation (EU) 2016/679 (EU GDPR), the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), the UK Consumer Rights Act 2015, the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), and—for users domiciled in the Republic of Türkiye—Personal Data Protection Law No. 6698 (KVKK) and Consumer Protection Law No. 6502 (TKHK). Nothing in this Section shall be construed to limit, waive, or derogate from any non-waivable statutory right or remedy afforded to consumers or data subjects under the mandatory laws of their habitual residence.

7.4. Technical Enforcement, Auditability, and Evidentiary Integrity: Mistikist LTD (registered in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat A.Ş. (MERSİS No. 0769152927300001, Muğla, Türkiye) maintain cryptographic audit logs, timestamped consent ledgers, and role-based access controls across iOS, Android, Web (app.mistikist.com / mistikist.com), and Microsoft Teams environments. Both parties acknowledge that server-side cryptographic timestamps, authenticated session records, and payment processor receipts (Stripe, Apple App Store, Google Play Store) constitute prima facie, verifiable evidence of transaction and consent state.

• Cross-Platform Applicability: Binding across Mistikist iOS, Android, Web Application (app.mistikist.com), Corporate Web (mistikist.com), and Microsoft Teams integrations.
• Joint Corporate Accountability: Administered jointly by Mistikist LTD (UK Company No. 15705777) and Shellix Bilişim A.Ş. (Türkiye MERSİS 0769152927300001).
• Cryptographic & Privacy Safeguards: Enforced via TLS 1.3 in transit, AES-256 encryption at rest, strict tenant isolation, and zero third-party ad-network data brokerage.
• Statutory Redress & DPO Escalation: Formal requests are processed via [email protected], [email protected], and [email protected] within statutory timelines.

8.1. Principal Covenant and Operational Scope: All rights, title, and interest in and to the Mistikist brand, trademarks, UI designs, source code, acoustic synthesis engines, 3D visual shaders, 21-day curriculum, guided audio recordings, and neuroscience blog articles are owned exclusively by Mistikist LTD and Shellix Bilişim A.Ş.

8.2. Principal Covenant and Operational Scope: Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to stream and use the Platform for your personal wellbeing (or internal corporate wellbeing under a valid B2B license). Recording, ripping, redistributing, broadcasting on YouTube/Spotify, or scraping Platform content to train artificial intelligence models is strictly prohibited.

8.3. Statutory Basis, Regulatory Hierarchy, and Rules of Construction: The interpretation, performance, and enforcement of this Section shall be governed strictly in accordance with applicable mandatory statutory frameworks, including Regulation (EU) 2016/679 (EU GDPR), the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), the UK Consumer Rights Act 2015, the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), and—for users domiciled in the Republic of Türkiye—Personal Data Protection Law No. 6698 (KVKK) and Consumer Protection Law No. 6502 (TKHK). Nothing in this Section shall be construed to limit, waive, or derogate from any non-waivable statutory right or remedy afforded to consumers or data subjects under the mandatory laws of their habitual residence.

8.4. Technical Enforcement, Auditability, and Evidentiary Integrity: Mistikist LTD (registered in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat A.Ş. (MERSİS No. 0769152927300001, Muğla, Türkiye) maintain cryptographic audit logs, timestamped consent ledgers, and role-based access controls across iOS, Android, Web (app.mistikist.com / mistikist.com), and Microsoft Teams environments. Both parties acknowledge that server-side cryptographic timestamps, authenticated session records, and payment processor receipts (Stripe, Apple App Store, Google Play Store) constitute prima facie, verifiable evidence of transaction and consent state.

• Cross-Platform Applicability: Binding across Mistikist iOS, Android, Web Application (app.mistikist.com), Corporate Web (mistikist.com), and Microsoft Teams integrations.
• Joint Corporate Accountability: Administered jointly by Mistikist LTD (UK Company No. 15705777) and Shellix Bilişim A.Ş. (Türkiye MERSİS 0769152927300001).
• Cryptographic & Privacy Safeguards: Enforced via TLS 1.3 in transit, AES-256 encryption at rest, strict tenant isolation, and zero third-party ad-network data brokerage.
• Statutory Redress & DPO Escalation: Formal requests are processed via [email protected], [email protected], and [email protected] within statutory timelines.

9.1. Principal Covenant and Operational Scope: You agree not to misuse the Platform. The following actions constitute a material breach of this Agreement and will result in immediate account termination without refund:

9.2. Statutory Basis, Regulatory Hierarchy, and Rules of Construction: The interpretation, performance, and enforcement of this Section shall be governed strictly in accordance with applicable mandatory statutory frameworks, including Regulation (EU) 2016/679 (EU GDPR), the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), the UK Consumer Rights Act 2015, the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), and—for users domiciled in the Republic of Türkiye—Personal Data Protection Law No. 6698 (KVKK) and Consumer Protection Law No. 6502 (TKHK). Nothing in this Section shall be construed to limit, waive, or derogate from any non-waivable statutory right or remedy afforded to consumers or data subjects under the mandatory laws of their habitual residence.

9.3. Technical Enforcement, Auditability, and Evidentiary Integrity: Mistikist LTD (registered in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat A.Ş. (MERSİS No. 0769152927300001, Muğla, Türkiye) maintain cryptographic audit logs, timestamped consent ledgers, and role-based access controls across iOS, Android, Web (app.mistikist.com / mistikist.com), and Microsoft Teams environments. Both parties acknowledge that server-side cryptographic timestamps, authenticated session records, and payment processor receipts (Stripe, Apple App Store, Google Play Store) constitute prima facie, verifiable evidence of transaction and consent state.

9.4. Notices, Escalation, and Statutory Redress Channels: Any formal inquiry, compliance notice, data subject request, or dispute relating to this Section may be submitted in writing to [email protected], [email protected], or [email protected] (and [email protected] for Türkiye). All verified submissions are logged under a unique reference identifier and resolved free of charge within the applicable statutory deadline (one (1) month under EU/UK GDPR Article 12(3), 30 days under KVKK Article 13, and 30–45 days under CCPA/CPRA).

• Reverse engineering, decompiling, disassembling, or attempting to extract the source code or audio synthesis algorithms of the Platform.
• Using automated bots, scrapers, spiders, or scripts to query API endpoints or harvest content.
• Sharing individual login credentials publicly or distributing corporate activation codes outside your organization.
• Initiating fraudulent payment chargebacks after consuming digital services or manipulating promotional/partner access codes.

10.1. Principal Covenant and Operational Scope: While we strive for 99.9% uptime across our global cloud infrastructure, the Platform is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by mandatory consumer law, the total aggregate liability of Mistikist LTD and Shellix Bilişim A.Ş. for any claim arising out of or relating to this Agreement shall not exceed the total subscription fees paid by you during the twelve (12) months immediately preceding the event giving rise to liability.

10.2. Principal Covenant and Operational Scope: Nothing in these Terms excludes or limits liability where doing so would be unlawful under the UK Consumer Rights Act 2015, EU Consumer Rights Directive, or Turkish Law No. 6502.

10.3. Statutory Basis, Regulatory Hierarchy, and Rules of Construction: The interpretation, performance, and enforcement of this Section shall be governed strictly in accordance with applicable mandatory statutory frameworks, including Regulation (EU) 2016/679 (EU GDPR), the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), the UK Consumer Rights Act 2015, the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), and—for users domiciled in the Republic of Türkiye—Personal Data Protection Law No. 6698 (KVKK) and Consumer Protection Law No. 6502 (TKHK). Nothing in this Section shall be construed to limit, waive, or derogate from any non-waivable statutory right or remedy afforded to consumers or data subjects under the mandatory laws of their habitual residence.

10.4. Technical Enforcement, Auditability, and Evidentiary Integrity: Mistikist LTD (registered in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat A.Ş. (MERSİS No. 0769152927300001, Muğla, Türkiye) maintain cryptographic audit logs, timestamped consent ledgers, and role-based access controls across iOS, Android, Web (app.mistikist.com / mistikist.com), and Microsoft Teams environments. Both parties acknowledge that server-side cryptographic timestamps, authenticated session records, and payment processor receipts (Stripe, Apple App Store, Google Play Store) constitute prima facie, verifiable evidence of transaction and consent state.

• Cross-Platform Applicability: Binding across Mistikist iOS, Android, Web Application (app.mistikist.com), Corporate Web (mistikist.com), and Microsoft Teams integrations.
• Joint Corporate Accountability: Administered jointly by Mistikist LTD (UK Company No. 15705777) and Shellix Bilişim A.Ş. (Türkiye MERSİS 0769152927300001).
• Cryptographic & Privacy Safeguards: Enforced via TLS 1.3 in transit, AES-256 encryption at rest, strict tenant isolation, and zero third-party ad-network data brokerage.
• Statutory Redress & DPO Escalation: Formal requests are processed via [email protected], [email protected], and [email protected] within statutory timelines.

11.1. Principal Covenant and Operational Scope: We may update these Terms periodically to reflect new features or regulatory requirements. Material changes will be notified via email or in-app notice at least fifteen (15) days prior to taking effect.

11.2. Principal Covenant and Operational Scope: You may delete your account at any time from "Profile -> Delete Account" in the app or by emailing [email protected]. Upon deletion, your personal data and voice recordings are permanently erased in accordance with our Privacy Policy.

11.3. Statutory Basis, Regulatory Hierarchy, and Rules of Construction: The interpretation, performance, and enforcement of this Section shall be governed strictly in accordance with applicable mandatory statutory frameworks, including Regulation (EU) 2016/679 (EU GDPR), the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), the UK Consumer Rights Act 2015, the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), and—for users domiciled in the Republic of Türkiye—Personal Data Protection Law No. 6698 (KVKK) and Consumer Protection Law No. 6502 (TKHK). Nothing in this Section shall be construed to limit, waive, or derogate from any non-waivable statutory right or remedy afforded to consumers or data subjects under the mandatory laws of their habitual residence.

11.4. Technical Enforcement, Auditability, and Evidentiary Integrity: Mistikist LTD (registered in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat A.Ş. (MERSİS No. 0769152927300001, Muğla, Türkiye) maintain cryptographic audit logs, timestamped consent ledgers, and role-based access controls across iOS, Android, Web (app.mistikist.com / mistikist.com), and Microsoft Teams environments. Both parties acknowledge that server-side cryptographic timestamps, authenticated session records, and payment processor receipts (Stripe, Apple App Store, Google Play Store) constitute prima facie, verifiable evidence of transaction and consent state.

• Cross-Platform Applicability: Binding across Mistikist iOS, Android, Web Application (app.mistikist.com), Corporate Web (mistikist.com), and Microsoft Teams integrations.
• Joint Corporate Accountability: Administered jointly by Mistikist LTD (UK Company No. 15705777) and Shellix Bilişim A.Ş. (Türkiye MERSİS 0769152927300001).
• Cryptographic & Privacy Safeguards: Enforced via TLS 1.3 in transit, AES-256 encryption at rest, strict tenant isolation, and zero third-party ad-network data brokerage.
• Statutory Redress & DPO Escalation: Formal requests are processed via [email protected], [email protected], and [email protected] within statutory timelines.

12.1. Principal Covenant and Operational Scope: For Users in the United Kingdom and international jurisdictions outside Türkiye, this Agreement is governed by the laws of England and Wales, subject to any mandatory consumer protections in your country of residence. For Users residing in Türkiye, this Agreement is governed by the laws of the Republic of Türkiye.

12.2. Principal Covenant and Operational Scope: Official Legal & Support Contact: Mistikist LTD (71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UK · Company No. 15705777) & Shellix Bilişim A.Ş. (Kötekli Mah. Denizli Yolu Bulvarı No:4B/23 Menteşe/MUĞLA, Türkiye · MERSİS: 0769152927300001) · Email: [email protected] / [email protected] · Tel: +44 7962 645717 (UK) / +90 (252) 358 77 57 (TR) / +34 627 087 065 (ES).

12.3. Statutory Basis, Regulatory Hierarchy, and Rules of Construction: The interpretation, performance, and enforcement of this Section shall be governed strictly in accordance with applicable mandatory statutory frameworks, including Regulation (EU) 2016/679 (EU GDPR), the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), the UK Consumer Rights Act 2015, the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), and—for users domiciled in the Republic of Türkiye—Personal Data Protection Law No. 6698 (KVKK) and Consumer Protection Law No. 6502 (TKHK). Nothing in this Section shall be construed to limit, waive, or derogate from any non-waivable statutory right or remedy afforded to consumers or data subjects under the mandatory laws of their habitual residence.

12.4. Technical Enforcement, Auditability, and Evidentiary Integrity: Mistikist LTD (registered in England and Wales under Company No. 15705777, registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) and Shellix Smart Solutions Bilişim Teknolojileri Yazılım İthalat ve İhracat A.Ş. (MERSİS No. 0769152927300001, Muğla, Türkiye) maintain cryptographic audit logs, timestamped consent ledgers, and role-based access controls across iOS, Android, Web (app.mistikist.com / mistikist.com), and Microsoft Teams environments. Both parties acknowledge that server-side cryptographic timestamps, authenticated session records, and payment processor receipts (Stripe, Apple App Store, Google Play Store) constitute prima facie, verifiable evidence of transaction and consent state.

• Cross-Platform Applicability: Binding across Mistikist iOS, Android, Web Application (app.mistikist.com), Corporate Web (mistikist.com), and Microsoft Teams integrations.
• Joint Corporate Accountability: Administered jointly by Mistikist LTD (UK Company No. 15705777) and Shellix Bilişim A.Ş. (Türkiye MERSİS 0769152927300001).
• Cryptographic & Privacy Safeguards: Enforced via TLS 1.3 in transit, AES-256 encryption at rest, strict tenant isolation, and zero third-party ad-network data brokerage.
• Statutory Redress & DPO Escalation: Formal requests are processed via [email protected], [email protected], and [email protected] within statutory timelines.