“SUNSIS” (ELEBY) APPLICATION USER AGREEMENT

23.05.2023


This User Agreement (“Agreement”) is between the “User” downloading the SUNSIS (ELEBY) application (“Application”) and the owner and service provider of the Application and the linked site, Levent mah. So generous. SUNSİS ENERJİ SİSTEMLERİ İZLEME VE YÖNETİMİ A.Ş., whose head office is at Yapı Kredi Plaza B Block Floor:7 Levent/Beşiktaş/İstanbul. (“Company”) and regulates the terms of use of the Application and the rights and obligations of the parties.

By downloading the Application, the User is deemed to have accepted the terms and conditions in this Agreement.


RIGHTS AND OBLIGATIONS OF THE COMPANY

The Company will provide advisory information in the fields of nutrition and sports to Users who download the Application. The information and content provided by the Company are advisory and informative and cannot be held responsible for the use of the Application, the scope of the content and the use of recommendations in the field of nutrition and sports.

The company is responsible for acts of third parties, force majeure, reasons caused by suppliers, connection problems, internet outages, etc. is not responsible for any interruptions or disruptions that may occur in the Application due to circumstances.

The application is for private and individual use. If the Company determines that the User is using the Application contrary to its intended use, it may suspend, suspend or completely terminate the User(s) membership.

Purchases made within the application will be sent to the user's mobile device immediately. The user's mobile device may be required to be connected to the internet via Wi-Fi in order to access the App Store or Google Play Store applications. General Terms and Conditions of App Store and Google Play Store will apply depending on the type of mobile device and use of the App Store or Google Play Store.

Suggested offers on in-app purchases are valid at the time they are offered and are subject to change later.

SUNSIS requests some personal information (name, age, nutritional preferences, interests, height, weight, e-mail, etc.) in order to provide better service to its users. This information collected on SUNSIS (ELEBY) servers and computers can be used within SUNSIS (ELEBY) in periodic campaigns, designing special promotional activities for customer profiles, and customer classification studies for unsolicited messages.

SUNSIS is integrated with Apple Health application and works in harmony with HealthKit and Google Fit platforms.

SUNSIS does not share the User's information and data for any advertising or commercial purposes without the User's consent, regardless of the platform.


USER'S RIGHTS AND OBLIGATIONS

The User has to fill in the requested information completely and truthfully and update it when necessary, and the User is responsible if the information is not filled in incompletely or truthfully.

The user confirms that he is over 13 years old. The user must be at least 13 years old, and those under the age of 13 cannot use the Application under any circumstances. It is deemed that the parent or guardian of the Users over the age of 13 but under the age of 18 has received the express consent of this agreement.

The User accepts and declares that the Application works with an internet connection, that the video, text and images of the Application content are viewed with an internet connection, that the internet usage fees will be covered by the User's mobile internet package or via wi-fi and he has been informed about this.

The videos, exercises and nutrition and sports information available in the App are for informational purposes only. The user accepts and declares that the content and nutrition and sports programs organized by the Application are of an advisory and informative nature, and that the use of the content is under his sole responsibility.

These applications have been prepared assuming that the person does not have any medical condition, and in this respect, the content is not specific to the person. The user should consult their doctor regarding health problems before using the content. It is recommended not to apply these programs if the user has a medical condition or serious risk. If the User has any questions about his health, he should always consult a doctor or other healthcare professional.

The application creates its recommendations to the user for individuals with similar profiles, thanks to a special algorithm (software) developed by itself by evaluating the researches and scientific data accepted by the World Health Organization.

The application does not provide diagnosis or treatment of any disease or health condition. The User accepts and declares that no program in the Application is a substitute for diet or exercise given by a doctor, and that the exercise and nutrition programs are at the application's own discretion and responsibility. The company cannot be held responsible for the program you choose to implement. The user is advised to carefully apply the programs.

The user can always request information about the data stored about him from the Company and the deletion of this information. The Company can always send notifications and electronic messages to the User. The User has approved all kinds of commercial electronic messages for marketing and advertising purposes to be sent by the Company and/or Company affiliates and/or third parties with whom the Company does business, during and after the contract, even after the contract is terminated, and within this scope, he/she can receive fax, electronic messages. It has accepted that it can send electronic messages for information, marketing and/or advertising purposes without any other prior permission, through automatic search systems such as mail, short message, or other communication means. In order to exit this system, the user can send his request to the Company by sending an e-mail to support@SUNSIS (ELEBY).com.tr. By anonymizing the User's data, the Company can also analyze, conduct research and use this data both for the user and in some scientific and statistical studies.

User information will be kept for one year after the member deletes the application so that the user who is a member of the application can re-subscribe later.

SUNSIS (ELEBY) obtains the consent of the User, if the User's data is requested to be used for medical research and studies, or of the user's parent if the User is underage.

SUNSIS analyzes and interprets the visitor movements and preferences that the User monitors during the use of the Application. These statistical data, which do not contain personal information, may be shared with SUNSIS (ELEBY) business partners in order to provide a more special experience to SUNSIS (ELEBY) Users.

User information can only be disclosed to official authorities if this information is duly requested by the official authorities and in cases where it is obliged to make a statement to the official authorities in accordance with the provisions of the mandatory legislation in force.

All information that users enter into the system can only be changed at the request of the User.


USER'S RIGHT OF WITHDRAWAL

The consumer is a natural or legal person acting for commercial or non-professional purposes, and the right of withdrawal regulated here is valid only for consumers.

Since the Application is downloaded directly by the User over the internet, the User has the right to opt out at any time by leaving the Application or removing the Application from his mobile device.

The user's right of withdrawal for in-app purchases is subject to the General Terms and Conditions of the App Store or Google Play Store. In this case, the Company reserves the right to receivable for the services purchased by the User and the right not to refund the collected payments.


PAYMENTS

The application is free and additional approval will be obtained for the sales price including all taxes for in-app purchases. The user accepts and declares that the Company can always unilaterally change the application price and in-app prices, campaigns and packages, and will regularly check the update and application information for the changes made. User prepaid monthly or annual subscriptions; accepts that there will be no cancellations and no refunds for campaigned memberships. The user accepts that the pre-paid campaign memberships will continue until the end of the period.

Paid Services: Some services of the Company may be subject to payment now or in the future (“Paid Services”). For Paid Services, all payment terms notified to the User during the use or subscription phase are considered a part of this Agreement.

Billing: The Company uses a third-party payment processor (“Payment Processor”) to bill Users through the payment account (“Billing Account”) for use of the Paid Services. The payment process will be subject to the terms, conditions and confidentiality terms of the Payment Processor in addition to the Agreement. The Company is not responsible for any errors caused by the Payment Processor. By choosing the Paid Services, the User agrees to pay the Company through the Payment Processor all fees in the applicable pricing in accordance with the applicable payment terms each time the Paid Services are used, and authorizes the Company to receive payments through the Payment Processor from the User's selected payment provider (“Payment Method”). The User agrees to pay using the selected Payment Method. The Company reserves the right to correct any error or problem, even if the request has been submitted or the payment has been made.

Payment Method: The terms regarding the payments will depend on the Payment Method chosen by the Users or the terms of the contract between them with their credit card providers or financial institutions. In case the Company is unable to receive the payment from the User through the Payment Processor, the User agrees to pay the full amount payable according to the Billing Account upon the Company's first request.

Continuous Billing: As agreed by the User, some of the Paid Services may be services that include a recurring charge after a one-time charge at first use. By choosing a paid service with a continuous charge, the user accepts the charges made at the first use and the continuous charges to be made thereafter and all the continuous charges that will continue until the service is cancelled. The Company may offer periodic payments (monthly, etc.) to the User without further approval, until the User notifies that he has terminated his consent or that he wishes to change the payment method, with prior notice (with a document confirming receipt by the Company). This notice will not affect any payments sent before the Company has acted reasonably. The user will be able to go to the membership page linked to the purchase in the Apple Store or Play Store to terminate this approval or change the payment method.

Current Information Required: Users are required to provide up-to-date, complete and accurate information for their billing account. Users must update all information without delay to keep these accounts up-to-date, complete and accurate (such as changes in billing address, credit card number or credit card expiration date) and if payment methods are canceled (eg: lost or stolen), unauthorized shutdown or user If they become aware of the possibility of a security breach, such as the use of a username and password, they should immediately notify the Company or payment processor. Changes of this type of information can be made on the security page of the Apple Store or Play Store, which is linked to the purchase. If the User does not provide any of the above-mentioned information, the Company agrees that the Company will continue to receive payment on the billing account each time the Paid Service is used, unless he terminates the Paid Service as stated above.

Change in Approved Amount: If the amount of payment to be withdrawn from the User's Billing Account changes compared to the amount previously approved for receipt (unlike the change in tax amounts or liability), the User has the right to request that the payment date and the amount to be withdrawn be notified one day before the transaction will take place. The terms of the agreement between the User and the payment provider will apply to the Payment Method. The User agrees that the Company may invoice the transactions he/she has made immediately after the transaction, during or at the end of the invoice periods.

Re-Confirmation of Consent: The User's continued use or non-cancellation of the Paid Services means that the Company has consented to the User's billing for these Services from the Payment Method. The Company may debit these invoice amounts to be paid by the User, and the User is responsible for paying these amounts. This does not indicate that the Company has waived its right to receive payment directly from the User. Service usage fees may be paid in advance, in installments, per use, or in a pre-selected and otherwise determined manner when using the Paid Service by the User.

Free Trials and Other Promotions: All free trials or promotions that provide access to the Paid Service must be redeemed within the timeframe specified for the trial. The User must stop using the Paid Service before the trial period expires so that no charges will occur at the end of the trial period for the Paid Service. If the User cancels the use of the trial version before the expiry of the trial period and despite this, the Paid Service is inadvertently charged, he should contact the Company at ebisiklet@sunsis.co.


SUNSIS COMMUNITY

Some social features may be offered within the application that the User can benefit from. If the user makes use of these social features, all the information he/she shares is considered public. All information shared by the user is under his own responsibility.

The Company reserves the right to monitor all transactions you will make using the social features within the Application. You agree that you will not engage in behavior such as sharing inappropriate content within the application, harassing and harassing other users, sharing unsolicited messages, violating copyrights. The Company reserves the right to take any action, including, but not limited to, removing your content from the Application, blocking your access to social features, closing your SUNSIS (ELEBY) account, and initiating legal action against you if it is determined that you do not comply with these requirements.

The Company cannot be held responsible for any inappropriate and objectionable content created by other users while using social features. If you encounter such content, please contact the Company. The Company cannot be held responsible for erroneous information shared through in-app social features, and for any injury or damage that may occur due to this information.


LICENCE

By sending information and content through the Application, the User accepts and declares that he has given the Company a worldwide, unrequited, permanent and unlimited license for the use of this information and content.

With the services included in the application, the User can purchase additional features designed to improve the performance of certain products and services.

In disputes that may arise in relation to this Agreement and the Application, the competent court is the court of the place where the Company's head office is located.


PHYSICAL ACTIVITY READY QUESTION

  • Has your doctor ever told you that you have heart problems or high blood pressure?
  • Have you ever felt pain in your chest while at rest, during your activities of daily living or doing physical activity?
  • Are you losing your balance due to dizziness? Or have you ever lost consciousness in the last 12 months?
  • Have you ever been diagnosed with any other chronic disease other than heart disease or high blood pressure?
  • Have you been recently prescribed a medication for a chronic illness?
  • Do you currently have bone, joint and soft tissue problems that may be worsened by physical activity?

If you answer yes to any of the above questions, please consult your doctor before using this mobile application and before starting physical activity. Although you meet the above conditions, SUNSİS ENERJİ SİSTEMLERİ İZLEME VE YÖNETİMİ A.Ş. will not be responsible.