ARTICLE – 1 PARTIES

This Distance Sales Agreement (“Agreement”) was executed by and between Ayasis Yazılım ve Bilişim Teknolojileri Limited Şirketi (“the Company”) located at Yıldız Teknik Üniversitesi Davutpaşa Kampüsü Teknopark D2 Blok No: 1B06 Esenler/Istanbul and all individuals (“Customers”) using MentalUP mental development products/services (“Services”) in www.mentalup.net and www.mentalup.co web sites and MentalUP mobile application ("MentalUP") owned and operated by the Company in electronic environment pursuant to Distance Sales Regulation. The Company and the Customer shall be referred to as “the Party” individually and “the Parties” collectively.

The Customer acknowledges and agrees that by purchasing the Service from the Company, he/she has read the entire Agreement, understands the content in its entirety and approves all terms thereof. In like manner, the Company declares and undertakes to the Client the following matters. For this reason, the name-surname/title given by the Customer in the course of the purchase of the Service, Turkish identity number/tax number, address and phone information are undertaken by the Customer.

ARTICLE – 2 ESTABLISHMENT OF THE AGREEMENT

2.1. THE CUSTOMER AGREES THAT HE/SHE HAS READ AND UNDERSTOOD THE CONTRACT AND IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS HEREUNDER.

2.2. THE PARTIES AGREE THAT THERE IS NO PROPORTION BETWEEN THE AGREEMENT AND THE AGREED OBLIGATIONS AND THERE IS CONFORMITY MUTUAL OBLIGATIONS TO THE QUALITY OF THE WORKS AND THEY HAVE NO INEXPERIENCE FOR THE PROCEDURES AND TRANASTIONS COVERED HEREBY.

2.3. THE CUSTOMER AGREES THAT HE/SHE HAS FULL OPINION THAT ALL TRANSACTIONS IN THIS AGREEMENT AND HE/SHE SHALL ABIDE WITH ALL TERMS ON CONSIDERATION IN HIS/HER OWN FREE WILL, WITHOUT ANY DIFFICULTY OR CONSTRAINT, AS THE RESULT OF THINKING, WISHING AND KNOWING.

2.4. THE PARTIES AGREE THAT THE TERMS OF THE AGREEMENT DO NOT HAVE ANY PARTICULARITY WHICH MAY BE CONSTRUED AS UNJUSTIFIED RIGTH AND ANY UNJUSTNESS IN TERMS OF THE BALANCE OF BENEFITS.

2.5. THIS AGREEMENT DOES NOT CONTAIN ANY REASONABLE TERMS IN ACCORDANCE WITH THE TERMS OF THE REGULATIONS ON UNJUSTIFIED CONDITIONS IN CONSUMER AGREEMENTS. BONA FİDES AND THE RULES OF GOODWILL ARE NOT CONTRADICTED PREPARED ACCORDING TO THE LEGISLATION ON THE PROTECTION OF CONSUMERS.

2.6. THE TERMS AND CONDITIONS OF THIS CONTRACT WERE PREPARED BY TAKING INTO CONSIDERATION THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING AND CONTENT CONTROL PROPOSED IN ARTICLE 21 OF THE LAW OF WAS PERFORMED BY THE CUSTOMER. THERE IS NO ALIENATION IN ANY OF THE TERMS HEREOF TO THE NATURE OF THIS CONTRACT AND THE PARTICULADITY OF THE WORK (SURPRISING TERMS). THE TERMS OF THIS CONTRACT WERE WRITTEN IN CLEAR AD COMPREHENSIBLE MANNER AND DO NOT HAVE MORE THAN ONE MEANING.

ARTICLE – 3 SUBJECT

The subject of this Agreement is determining the rights and obligations of the Parties in accordance with the Law No. 6502 on the Protection of Consumer, the related regulation and other relevant provisions of law regarding the Service received through MentalUP.

ARTICLE – 5 CUSTOMER DATA

Name/Surname: []
Address: []

E-mail: []

If there are additional costs related to the Service and such additional costs have not been calculated in advance, the additional costs shall be paid by the Customer.

Free access is available to some parts of MentalUP (basic version). To access the premium features of MentalUP, which has additional features such as access to a personalized training program, unlimited access to all games, access to advanced statistics, and (but not limited to) comparison with other users, you are required to pay an online subscription fee.

The Company has the right to suspend or cancel the membership of the Customer if it is determined by the Company that the payment information provided by the Customer is invalid or void. Customer expresses and warrants that they have the right to exercise lawful use of their bank accounts, credit cards and all payment means in connection with the Service and the right to dispose of them under these payment amounts. The Company does not collect, store or use the credit / debit card number of the Client within the scope of payment transactions made through third parties.

Some subscriptions may include a trial period.

Promotions are offered to the customer with different subscription plans and fees, depending on the subscription type and duration selected during the purchase (eg monthly, quartely, semi-annual, annual or indefinite).

The Service fee for the subscription period valid at the time of the establishment of the Agreement will be automatically charged to the Customer's credit card/debit card.

Subscription Cancellation: The consumer may cancel the subscription at any time by sending an e-mail to destek@mentalup.net regarding the subscription cancellation request. To the extent permitted by applicable law, payments are non-refundable.

For some subscription packages, the subscription package is automatically renewed unless the subscription is canceled 24 hours before the renewal date. Unless the purchased Service is canceled, the Service fee for the renewal period will be automatically charged to the Customer's credit card/debit card at the time of renewal.

If more detailed information is requested by the Customer following the purchase, the Customer will be able to review the e-mail or settings page sent by the Company to the Customer after the purchase.

Within the company's subscription plans, a payment is made during a period. If a monthly plan is purchased, the customer is paid once for a month; If an annual plan is purchased, the Customer will be charged once a year. If the customer chooses to purchase an indefinite plan, he/she will be charged once for lifetime use.

In order to facilitate Customer's payments, the Company may use a third-party payment processor.

Charges imposed by the Company may change at a later date after Customer's membership. If the pricing for the customer's subscription increases, this will be reported to the Customer and they are offered the opportunity to change the subscription to the Customer prior to applying to the customer's account or receiving payment in connection with the automatic renewal.

If the Customer has purchased a subscription to MentalUP "indefinitely", MentalUP premium features will be available for as long as the Services are available. The customer can not transfer his membership to another person. The Company gives no warranties or makes no declarations regarding the life of the Services. Customer agrees that MentalUP Services may change or terminate in the future when purchasing an "indefinite" plan.

ARTICLE – 7 RIGHT TO WITHDRAW

Pursuant to relevant provisions of the Law on Protection of Consumers No. 6502 and Regulation on Distant Agreements;

Consumers will be entitled to withdraw from distance agreements related to performance of services, within 14 (fourteen) days following the date at which the Agreement is executed, without indicating any justification, and without penal terms. The notice related to exercising of the use of the right of withdrawal must be submitted to the seller or provider in writing or with permanent data recorder.

The right of the consumer to withdraw shall not apply to Agreements related to (i) goods prepared in line with the wishes or personal needs of consumers, (ii) delivery of goods that can be quickly spoiled or past expiry date, (iii) delivery of goods the return of which is not appropriate in terms of health and hygiene out of goods with protective elements such as packaging, tapes, seals opened after delivery, (iv) goods admixed with other products and segregation of which is not possible due to the nature of the goods; (v) books, digital content and computer consumables presented in physical environment, if protective elements such as packaging, tapes, seals have been opened after delivery, (vi) delivery of periodicals such as newspapers and magazines, except for those covered by subscription agreements, (vii) spending of leisure time for accommodation, carriage of goods, car rental, food and beverage supply and entertainment or recreation purposes, (viii) services instantly provided or intangible goods instantly delivered to consumers, (ix) services initiated with the consent of consumers before expiry of the withdrawal period, and (x) goods and services, the prices of which varies depending on fluctuations in financial markets beyond the control of the seller or provider.

Since the refund of order amounts paid through bank accounts or credit cards and their reflection in the accounts of the consumer Buyer are entirely related to the bank transaction process, it is not possible for the seller to intervene in any way for possible delays. For this reason, it may take a long time for the bank to reflect the amount refunded to the consumer's bank account or credit card to the consumer's account or credit card.

Full address, fax number or electronic mail data information to which the withdrawal notice will be sent:

Address: Yıldız Teknik Üniversitesi Davutpaşa Kampüsü Teknopark D2 Blok No:1B06 Esenler/İstanbul
Fax: +902124837291
E-mail: info@ayasis.com

The consumer knows and accepts that the payment obligation will arise when the consumer confirms the order for the service he / she has chosen through the website.

The Consumer is responsible for the completeness and accuracy of the personal information and payment information contained in this Preliminary Information Form and Distance Sales Agreement. In case this information is incomplete or incorrect, the Consumer is obliged to update this information from his account on the website .

Consumers may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the consumer purchased the service or where the consumer's residence is located, within the monetary limits set by the Ministry of Trade in December each year.

This information has been given for commercial purposes within the frame of the principles of goodwill, so as to protect the minor and those who lack or have limited discriminatory power.

Our company's privacy policy can be accessed via the link

Subscription Cancellation: The Consumer may cancel the subscription at any time by sending an e-mail to destek@mentalup.net regarding the subscription cancellation request. To the extent permitted by applicable law, payments are non-refundable.

For some subscription packages, the subscription package is automatically renewed unless the subscription is canceled 24 hours before the renewal date. Unless the purchased Service is canceled, the Service fee for the renewal period will be automatically charged to the Customer's credit card/debit card at the time of renewal.

ARTICLE – 8 RIGHTS AND OBLIGATIONS OF THE CUSTOMER

The Customer copies of the invoices/invoices issued for the service fee are kept at the Company's head office upon the request of the Customer. If the Customer requests that the invoices/invoices be sent to his/her own address, they may be sent to the Customer's address through the cargo company to be determined by the Company, provided that the cargo fee is paid by the Customer. In addition, the customer copies of the invoices / invoices for the service fee can be sent to the e-mail address provided by the Customer when registering with MentalUP as an electronic invoice in electronic environment if the Customer gives approval.

The Customer accepts, declares and undertakes that while performing the necessary procedures on MentalUP in order to benefit from the Service, while benefiting from the Services subject to the Agreement or performing any transaction related to the Services, he/she will act in accordance with all the terms contained in this Agreement, the rules specified in the relevant places of MentalUP and all applicable legislation; he/she accepts, declares and undertakes that he/she understands and approves all the terms and rules mentioned above.

The responsibility for the security, storage, keeping away from the knowledge of third parties, and use of the system access tools (user name, password, etc.) used by the Customer in order to benefit from the services offered by or through the Company belongs entirely to the Customer. The Customer benefiting from the services offered by the Company may only perform transactions on MentalUP for lawful purposes. The legal and criminal responsibility for every transaction and action of the Client within MentalUP belongs to him/her. The Customer accepts, declares and undertakes that he/she will not reproduce, copy, distribute, process pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists within MentalUP that may infringe the real or personal rights and assets of the Company and/or another third party. The Company shall not be held directly and/or indirectly liable in any way whatsoever for any damages suffered or may be suffered by third parties due to the Customer's activities on MentalUP in violation of the provisions of this Agreement and the law.

ARTICLE – 9 TRANSFER

The Company may transfer its rights and receivables arising from this Agreement to third parties without obtaining the prior consent of the Customer.

ARTICLE – 10 OTHER PROVISION

This Agreement has been concluded and entered into force on [...] by being approved electronically by the Customer

The Parties agree that disputes regarding the application and interpretation of this Agreement shall be resolved in accordance with the laws of the Republic of Turkey.

Solution methods of the Company regarding complaints: Complaints regarding the Service subject to the Agreement may be submitted to the Company by sending an e-mail to destek@mentalup.net.

After the establishment of the contract between the parties, a copy of the Preliminary Information Form and the Distance Sales Agreement will be sent by e-mail to the e-mail address of the buyer specified herein.

In the event that the Customer defaults in any of its obligations under this Agreement, at the discretion of the Seller, it may terminate the Service immediately.

If any provision or part of any non-fundamental provision of the Agreement is held to be invalid in whole or in part, and the remaining provisions of the Agreement are found to be enforceable without such provision or part, this shall apply only to such provision or part and shall not affect the validity or enforceability of the other provisions of the Agreement.

The Company will make every effort to resolve any problems that may arise between the Customer and the Company within the scope of good faith and honesty.

This Agreement has been mutually accepted and entered into force with the electronic approval of the Customer.

Transactions made through MentalUP shall be considered as binding declarations of will of the Parties in accordance with the Turkish Code of Obligations, consumer legislation and other applicable legislation.

Any changes to be made in the Agreement are only possible with written amendments.

The Customer agrees that in disputes that may arise under this Agreement, the electronic records and system records, commercial records, book records, microfilm, microfiche and computer records kept by the Company in its database or servers shall constitute valid, binding, conclusive and exclusive evidence; that the Company is free from the oath offer and that this article is an evidence contract within the meaning of Article 193 of the CCP.

Any complaints and objections arising from this Agreement may be filed with the Arbitration Committee for Consumer Problems or the Consumer Court in the place where the Service is purchased or where the Customer resides, according to the monetary limits determined by the Ministry of Commerce in December each year.