Terms & Conditions

MISTIKIST TERMS & CONDITIONS

Parties

• This Membership Agreement (”Agreement”) has been established between; SHELLIX SMART SOLUTIONS BILISIM TEKNOLOJILERI YAZILIM ITHALAT VE IHRACAT ANONIM SIRKETI, residing at the address of Muğla Teknopark Executive A.Ş Kötekli Str. Denizli Yolu Blv. No:4B-28 Menteşe/MUĞLA (hereinafter, this contract will be accepted as the “COMPANY”) and the GUESTS (‘MEMBERS’) who created a membership in the COMPANY’s mobile application (‘APPLICATION’ or ”MISTIKIST”) in accordance with the following conditions,

• The COMPANY and the MEMBER will be referred to as the “PARTY” separately and together as the “PARTIES” in this AGREEMENT.
  

Definitions

Juridical Capacity: 

• MEMBER: To GUESTS who accept this agreement to use the MISTIKIST application,
• Related User: To person/s who process personal data within the COMPANY or in line with the authorization and instruction received from the COMPANY, excluding the person or unit responsible for the technical storage, protection and backup of the data,
• Third Parties: To real and legal persons other than COMPANY and MEMBER,
• GUEST: To persons who use the APPLICATION without being a member of MISTIKIST ,
• GDPR: Global Data Protection Regulation
• Premium Membership: To the type of membership required to benefit from some paid content of MISTIKIST,
• Company: To SHELLIX SMART SOLUTIONS BILISIM TEKNOLOJILERI YAZILIM ITHALAT VE IHRACAT ANONIM SIRKETI
• Application: To the mobile application called MISTIKIST,
• Data Controller: To SHELLIX SMART SOLUTIONS BILISIM TEKNOLOJILERI YAZILIM ITHALAT VE IHRACAT ANONIM SIRKETI
• Web Site: www.mistikist.com web address, belonging to MISTIKIST

Subject of the contract

• COMPANY; It is the owner and operator of the application called MISTIKIST. MISTIKIST; It is an application that offers audio-visual content based on the analysis of scientific research by many academic institutions around the world. In this application, MEMBERs benefit from the application by using audio-visual content prepared for them. The subject of this Agreement is to regulate the terms and conditions of the MEMBERS and the rules of use of the application regarding the services listed above  through the application owned by the COMPANY, and the rules of use of the application are regulated.

Access

• This AGREEMENT is compulsory to be read before using the Application by those who visit MISTIKIST (“GUEST” or “GUESTS”). If the conditions set out in the AGREEMENT are not accepted by the GUEST and/or MEMBER, the use of the application should be terminated immediately. In case the MEMBER or GUEST uses the application and/or becomes a MEMBER by marking the “I have read the Membership Agreement” button, he/she will have accepted and approved the terms written in this Agreement.

• MEMBERS and GUESTS are obliged to know the equivalents of the terms written in Turkish, German or English in the text of this Agreement in their own language. They have to search for the equivalent of the terms specified in the contract in their own language and take actions accordingly. The claim that the meaning of the related word is not known is invalid for the PARTIES.

• The MEMBER accepts and undertakes to comply with the provisions of this Agreement by making use of the services offered by MISTIKIST.

• Updates that may be published on MISTIKIST from time to time by the COMPANY, with the sole decision of the COMPANY, are also included in the AGREEMENT.

• The COMPANY will publish the current conditions on MISTIKIST in case of any changes. The renewed contract will be valid from the moment it is published on MISTIKIST and; all GUESTS and MEMBERS will be subject to the new terms.

Mistikist

• MISTIKIST is an application where MEMBERS can benefit from the services within the scope of the CONTRACT and must fulfill their responsibilities and obligations specified in the CONTRACT while using these services. Members who will not comply with the rights and obligations specified in the CONTRACT should not use the application. MEMBERS agree and undertake that they will comply/fulfill the rights and obligations set forth in this AGREEMENT.

• MISTIKIST does not offer any guarantee or promise of improvement in its content and services it provides to MEMBERS. MISTIKIST does not provide a medical solution, does not aim to diagnose any disease, nor is it a medical or health application. MEMBERS who benefit from the services and content offered by MISTIKIST do not encounter any medical or medical side effects or recovery. MISTIKIST contents are produced for people over the age of 18 who do not have any psychological or physical disorders, and people who do not comply with this definition should not use MISTIKIST. The results that the MEMBERS will encounter while using the application will not be directed to MISTIKIST, and the MEMBERS who accept this AGREEMENT cannot claim any rights against MISTIKIST for using the application. MEMBERS who use MISTIKIST accept and undertake that they will not claim any rights due to use of the application and that they will not hold MISTIKIST  responsible.

• GUESTS can use the application as a “guest user” when they download and install the application on their phones. They can benefit from the basic features of the application. In order to use Premium features and benefit from Premium content, it is necessary to be a member of MISTIKIST.

1. Becoming a member

• In order to become a member of MISTIKIST, the application must be downloaded and installed. After clicking on the “Register” option, the “Register” screen will appear on the screen of the GUEST. On this screen, the GUEST’s “E-mail address (Contact Information), Password (Transaction Security) information is to be asked. After completing the information asked, you must read and accept the MEMBERSHIP AGREEMENT, and privacy policy in order to qualify as a member. You can access detailed information about the processed personal data of the GUEST and MEMBERS from the website of MISTIKIST, https://mistikist.com/
• Membership can also be obtained from the login screen, with existing Google or Facebook accounts, and Google or Facebook will be the data controller for your personal data you share in such memberships.

  2.Member Login and Main Screen

• GUEST can use the application without being a member.

• At this stage, the content available for FREE MEMBERSHIPS can be used by all GUESTS and MEMBERS. 

• Contents are available on the main screen, categorized for GUESTS and MEMBERS’ preferences.

  3. Categories

• MISTIKIST has presented its ever-increasing content to GUESTS and MEMBERS in many different categories so that they can be easily found and used. 

• Organizing, reducing and increasing the categories is entirely at the initiative of MISTIKIST . It does not give any rights to the GUESTS and MEMBERS on the categories.

  4. Favorites

• MEMBERS can, then, quickly access the content they want to watch and/or listen to, and add them to favorites by clicking the “heart” icon at the top right. In this way, they can quickly access the ‘Favorites’ section on the tabs without using the categories or the search button.
• It is entirely at MISTIKIST’S initiative that the “Favorites” feature offered to MEMBERS is put into use and removed from use, as well as the changes indesign and features.

  5. Breathing

• MISTIKIST includes regular and relaxing breathing exercises for GUESTS and MEMBERS. 

• The use of this exercise should not be used by people with diseases such as asthma, lung or breathing sensitivity. The PARTIES accept that MISTIKIST does not have any responsibility for the features it offers in the “Breathing” tab.

  6. Library

• MEMBERS, GUESTS can limit the content according to their tastes and preferences by using various search words among all content.

  7. Feedback

• GUESTS and MEMBERs can share their opinions, suggestions and complaints about the practices and sessions with the COMPANY either by writing or by recording a voice.

  8. Record Voice

• MEMBERS can record or upload audio recordings if they give permission for microphone or storage. Other MEMBERS or MISTIKIST cannot listen or view the uploaded audio recordings.

  9. Profile

• While becoming a member, the following information is requested from the GUESTS. 
• These are:
  • Name and surname (identity data)- REQUIRED
  • Date of birth (ID data) – REQUIRED
  • Profile photo (visual and audio recordings)- OPTIONAL
  • Gender (identity data) – OPTIONAL
  • Email address (contact data)- REQUIRED
• Your personal data above is processed and protected in accordance with the GDPR, as you can learn the details of from our clarification text and personal data protection policy.

Membership Information and Personal Data

• Protection of Personal Data,Privacy Policy, and Clarification texts are the integral part of this AGREEMENT. The processing of personal data is based on the legal relationship established between the MEMBER and/or GUEST and the COMPANY.

• The relevant legal relationship is determined by the Personal Data Policies, Privacy Policy, Privacy Notices, Clarification Texts, Explicit Consent Texts, Personal Data Notices established between the PARTIES. MEMBER and/or GUESTS accept and declare that they accept this agreement, and they have also read the Personal Data Policies, Privacy Policies, Privacy Notices, Clarification Texts, Explicit Consent Texts, Personal Data Notices listed above.

Limitation of Responsibilities

• The COMPANY cannot be held responsible for the situation and result in case the MEMBER accounts, any element in these accounts, any work and/or data prepared are temporarily or permanently lost or become unusable due to the effect of technical reasons that may arise during the provision of the application and related services. 

• As permitted by applicable law, the COMPANY; regarding the use of the application, is not responsible for the acts, omissions and behaviors of any third party, GUEST and/or MEMBERS, advertisers and/or sponsors.

• The COMPANY may suspend the operation of the system temporarily or completely stop it at any time. The COMPANY has no responsibility towards the GUEST and/or MEMBERS or third parties due to the temporary suspension or complete suspension of the system. 

• Transactions arising from all legal changes that will occur outside the scope of this AGREEMENT are outside the responsibility of the COMPANY and are mentioned in the AGREEMENT.

• During the membership to MISTIKIST, the personal data obtained from the MEMBERs may be transmitted to the Authorized Public Institutions and Organizations that may be a party to the dispute in order that the PARTIES can exercise their legal rights, limited only to the requested subject, and only within this scope.

Membership

• The MEMBER can access the services provided by the COMPANY using his own mobile phone. As well as the information of suitable devices for accessing these services can be accessed from the Google Play Store and AppStore, it is the MEMBER’s responsibility to provide these devices.

• GUEST and MEMBER will need internet connection while using MISTIKIST. The mobile or internet operator usage fee may be charged from the wireless network or mobile internet while using the content in MISTIKIST by the wireless network or mobile internet service provider that the MEMBER uses. This mobile or internet operator usage fee is outside MISTIKIST’ responsibility and is NOT COLLECTED BY MISTIKIST and is entirely between the wireless network or mobile internet service provider that uses the application and subscribes to the providers.

• MISTIKIST has two types of membership, standard and premium. In the Standard membership, some of the Contents offered by the application can be used without paying any fee, while in the Premium membership, some special Content is offered. Premium membership can be obtained through the “in-app purchase” method in MISTIKIST.

• Premium membership can also be defined as a weekly, monthly, quarterly (3-Months) or yearly renewed subscription. In subscription services, no payment can be taken from the MEMBER other than the dates specified. The MEMBER is informed before the payment is received. In case the subscription is canceled by the MEMBER, the services provided by the Premium membership will continue to be used during the subscription period of the MEMBER, and the Premium membership will turn into a standard membership when the subscription period ends.

• When there is a change in the premium membership prices, the change is notified to the MEMBER and the Premium membership is not renewed without his consent. The MEMBER accepts, declares and undertakes that he/she foresees and knows that the Premium membership will automatically return to the standard membership unless he/she accepts the notification when the price change is made and he/she does not approve the price change. The COMPANY will notify the MEMBER by e-mail towards the termination of the Premium membership subscription or in cases where the payment has not been made. 

• The MEMBER will be able to manage the Premium membership subscription in MISTIKIST.

• If the premium membership is purchased through a third-party provider (Google Play Store, AppStore, etc.), the subscription must be canceled directly with this third-party provider.

• The contract between the COMPANY and the MEMBER regarding the purchase of premium membership is one of the “Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer” as specified in Article 15/1-ğ of the Regulation on Distance Contracts. cannot exercise the right of withdrawal after the purchase. The MEMBER accepts that he/she knows that he/she cannot use his/her right of withdrawal when he/she purchases a premium membership in this context.

• The MEMBER will be responsible for ensuring the confidentiality of the password used during membership to MISTIKIST and protecting the security. All kinds of activities carried out with the use of the said information through the membership will be deemed to be carried out by the MEMBER, and any legal and criminal responsibility arising from these activities will belong to the MEMBER. When the MEMBER becomes aware of the unauthorized use of the password or any other breach of security, it shall immediately notify the COMPANY by sending e-mail to the address of [email protected] on the Website or MISTIKIST .

Payments

• MISTIKIST can be downloaded free of charge from Google Play Store and AppStore, but Premium membership is required to use some of the content in it. In order to benefit from these contents, you must subscribe to the premium membership as mentioned in the “membership” article above.

• For premium membership, after the application has been downloaded, the MEMBER must purchase a “premium membership” and approve the sales contract and additional agreements. Premium membership will not be provided unless the required contracts are approved.

• After the sale is made (at the time the fee is paid), the MEMBER accepts that he/she knows that the MEMBER has no right of withdrawal in accordance with Article 15/1-ğ of the Regulation on Distance Contracts.

• If the MEMBER purchases the premium membership through some intermediary services such as Google Play Store or AppStore, he will be able to make refunds and withdrawals with intermediary service providers. In this case, the COMPANY will not have any responsibility. 

• The COMPANY may work with a third party business partner company to issue invoices, and in this case, all activities related to payment and invoicing will be carried out in accordance with the provisions of confidentiality and GDPR. 

• When the payment and invoicing services are performed with the third party business partner, the agreement of the third party business partner regarding the payment and invoicing process will also be valid for the PARTIES in addition to this AGREEMENT.

• The COMPANY has no responsibility if the third party business partner has any faults regarding the payment and invoicing processes or if the transaction cannot be realized. 

Rights and Responsibilities of The Parties

• In order to benefit from the services of the COMPANY as a MEMBER, the Member Form must be filled in as stated above and the attached agreements must be accepted and submitted to the COMPANY. Members accept that the information declared by them in the relevant form and related points is correct and that they are responsible for any indirect or direct damages that may arise due to this information, as a MEMBER or indirectly by using MISTIKIST.

• Each of the MEMBER earns the Membership Status if their membership is approved by the COMPANY. In this context, every GUEST who applies to become a MEMBER undertakes to be of legal age (18). Parents and legal representatives accept that the COMPANY will not have any responsibility in case of loss of rights in this context.

• Each of the Members accepts and declares that they have the Acting License that will require being a party to this AGREEMENT within the scope of the Turkish Code of Obligations No. 6098. If his/her capacity to act is limited or he/she is incapable of performing the relevant transaction, he/she accepts and declares that he/she is the authorized legal representative of the relevant transaction. The COMPANY does not accept any responsibility arising from the related transactions.

• The MEMBER will be able to access the scope of usage rights related to the services he/she will use from the Website or MISTIKIST. The COMPANY reserves the right to change the rights granted to the MEMBER within the membership at any time.

• The MEMBER cannot act or interfere in any way that may damage, prevent access, overload or damage the sites, goods or services, software, data or data of the COMPANY or its content, media or application suppliers, or the services provided in this way. In addition, the MEMMBER cannot use MISTIKIST in a way that prevents third parties from benefiting from the COMPANY services.

• All data, texts, files, information, user names, images, graphics, photos, profiles, audio and video clips, sounds, musical works, originals, works, applications, links and other content and materials (collectively referred to as “Content”) sent to the COMPANY or shared or displayed within MISTIKIST by the MEMBER and/or GUESTS are the sole responsibility of the GUEST or MEMBER.

• MEMBERS and GUESTS; may not interfere with or disrupt the COMPANY, its servers or the networks connected to the COMPANY, including by transmitting worms, viruses, spyware, malware or any other harmful or blocking code. They may not add content or code in any way to alter or interfere with the way COMPANY pages are displayed or viewed on users’ browsers or devices. The MEMBER or GUEST is responsible for repairing the damage caused by him/her.

• The account can be canceled by the MEMBER at any time through MISTIKIST. The authorization to login to MISTIKIST of the MEMBER who cancels his/her account will be cancelled. Purchases made and uploaded content belonging to the MEMBER account terminated in any way are kept in a way that is not accessible to Relevant Users or third parties for 10 years, only to be shared with authorized public institutions and organizations upon request. The MEMBER cannot claim any right or compensation regarding the deleted records.

• The MEMBER cannot use personal information such as IP address, e-mail address, user name belonging to another person on the internet, and cannot access or use the private information of other MEMBERS without permission. The GUEST and MEMBER are deemed to have accepted all kinds of legal and penal liability that may arise due to such use.

• The MEMBER accepts and declares that the COMPANY is not responsible for the damages that may arise as a result of not MEMBER’S updating these data or giving wrong data and/or the termination of the rights acquired by the MEMBER until that day.

• Within the scope of this article, the MEMBER accepts and undertakes in advance that in the event that this contract is terminated and his/her MISTIKIST membership is cancelled, he/she will not make any rights or demands from the COMPANY and cannot claim any rights under any name.

• The COMPANY will take the necessary care to ensure that its services are delivered on time, safely and without errors, that the results obtained from the use of the service are accurate and reliable, and that the service quality meets the expectations, but will not undertake these.

• The COMPANY is free to use any technology it deems appropriate within the framework of the applications and service requirements it has determined regarding the provision of the services it provides, and is free to change the technology it is using at any time. The COMPANY has the authority to make contracts with Third Parties or companies for any of its obligations, partially or completely, to get them done.

• Although the purpose of the COMPANY is to ensure that the service offered by MISTIKIST is as usable as possible, the service provided by MISTIKIST may be interrupted, including but not limited to the reasons for scheduled maintenance or upgrades, emergency repairs or failure of telecommunications connections and/or equipment. In addition, the COMPANY reserves the right to remove any content in the service offered by MISTIKIST for any reason without prior notice. The content removed from the service offered by MISTIKIST will be kept by the COMPANY in accordance with the data retention policies, including but not limited to complying with some legal obligations, but these contents cannot be retrieved without a valid court order. Accordingly, the MEMBER will not back up his own Content to MISTIKIST . In other words, the MEMBER acknowledges that MISTIKIST does not provide a backup service and cannot rely on MISTIKIST for the purpose of backing up or storing the Contents. The COMPANY has no liability to the MEMBER in the event that the services offered by MISTIKIST are changed, stopped or terminated or the Contents are lost. In addition, the MEMBER acknowledges that the Internet may be subject to security breaches and it may not be safe to post Content or other information.

• The COMPANY may “link” to other websites and/or portals, files or content owned and operated by other third parties through the site. These ‘links’ may have been provided to GUESTS and MEMBERS by the COMPANY for ease of reference only and do not constitute any kind of representation or guarantee for the purpose of supporting the website or the person who operates the site, or for the website or the information it contains. The COMPANY has no responsibility for the portals, websites, files and content accessed through the ‘links’ on the site, the services or products offered from the portals or websites accessed through these ‘links’, or their content.

• In case the MEMBER or GUEST does not comply with the provisions of this agreement, the COMPANY may terminate this agreement unilaterally at any time and without any notice and without giving any reason, and cancel the MEMBER’s MEMBERSHIP and the MEMBER’s services received from MISTIKIST . Membership may be partially or completely frozen or canceled completely.

• The COMPANY may terminate its services partially or completely at any time, provided that it is announced to the GUEST and/or MEMBER on MISTIKIST.

Copyrights

• The COMPANY has all the intellectual rights of the data that will be created by the use of the system.

• When the GUEST and/or MEMBER use MISTIKIST’s services, he/she is responsible for the personal opinions, thoughts, expressions, files he/she adds to the MISTIKIST environment, and the personal information he/she sends, and that the COMPANY is not responsible for the conflicts between the MEMBERS, including but not limited to these. MEMBER declares, accepts and undertakes that COMPANY cannot be held responsible for the related content in any way, that the COMPANY is free to publish or not publish these views and opinions, and that COMPANY has the right to edit these views and comments through moderators and correct spelling errors.

Assignment or Transfer

• The COMPANY, in whole or in part, has any right or authority to transfer and assign  debts or obligations, issued under this AGREEMENT or related to the site content to third parties or institutions at any time, as long as the MEMBER is notified.

Force Majeure

• The COMPANY shall not be liable for the partial or complete failure or delay in fulfilling its responsibilities in the contract due to natural disasters, terrorist incidents, coup attempts, war, military practices, natural disasters such as fire, earthquake, energy, labor or opportunities beyond the control of the COMPANY. 

 Integrity of the Agreement

• The invalidity, illegality and unenforceability of any provision or any statement  of this AGREEMENT shall not affect the validity and enforceability of the remaining provisions of the AGREEMENT.

• This AGREEMENT, with all its annexes, constitutes an integrity. The annexes constitute a special provision and will prevail in case of conflict.

 Retention of Information and Obligation of Proof

• User information etc. registered in the COMPANY’s system will be subject to the COMPANY’s Privacy Policy and are kept for at least two (2) years, provided that they are not contrary to GDPR and additional Laws. The data stored in the COMPANY’ system and the GUEST and MEMBER records constitute binding and conclusive evidence in any dispute arising from the performance of this Agreement.

 Applicable Law and Authority

• Turkish Law will be applied in the resolution of all disputes arising under this contract, and Muğla Central Courts and Enforcement Offices are authorized.

 Rescission/ Cancellation

The Parties may terminate this Agreement at any time.

By approving this MEMBERSHIP AGREEMENT in order to use the services provided by the COMPANY, you accept and declare that you have read the Agreement, understand the content and accept its provisions.

Appendix 1: Privacy Policy

Appendix 2: Member Clarification Text