1. PARTIES

This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.

A. ‘BUYER’ ; (hereinafter referred to as “BUYER” in the contract)

Name: ……………………………………………………………………………………

Address: ……………………………………………………….

Email: ……………………………………………………………………………….

B. ‘SELLER’ ; (hereinafter referred to as “SELLER” in the contract)

Title: HMS Health Mobile Software Sağlık Mobil Yazılım ve Eğitim A.Ş.

Address: SAHABİYE MAH. BOYLAR SK. NO: 36 A KOCASİNAN/ KAYSERİ Gevher Nesibe VD 4630597806 

Phone: 0-552- 651 00 50

Email: [email protected]

By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, he will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that he has been informed about it.

2. DEFINITIONS

In the application and interpretation of this contract, the terms written below shall express the written explanations against them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law on Consumer Protection No. 6502,

SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,

SELLER: The SELLER who offers goods to the consumer within the scope of his commercial or professional activities or acts on behalf of or behalf of the supplier,

BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for commercial or non-professional purposes,

MANUFACTURER: EMOTIV company, located in the USA, which produces EMOTIV titles with which the software works,

SITE: The website of the SELLER,

ORDERER: A real or legal person who requests a good or service through the website of the SELLER and/or in a face-to-face meeting with the SELLER’s sales team,

PARTIES: SELLER and BUYER,

AGREEMENT: This contract concluded between the SELLER and the BUYER,

GOODS refers to the movable goods that are the subject of shopping and the software, sound, image, and similar intangible goods prepared for use in the electronic environment.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties by the provisions of the Consumer Protection Law No. 6502 regarding the sale and delivery of the product, the qualifications and sales price of which are stated below, which the BUYER has ordered face-to-face / online to the SELLER.

Advertised prices and promises are valid until updated and changed. Prices announced for some time are valid until the end of the specified period.

4. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION

4.1 The basic features of the Products/services basic features are available on the SELLER website.

4.2 The goods or services subject to the contract are stated below.

Auto Train Brain software usage subscription (maximum 3 users), the duration of the software subscription is written on the invoice)

5. GENERAL PROVISIONS

5.1. The BUYER accepts, declares, and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method, and delivery of the product subject to the contract given by the SELLER and that he is informed and gives the necessary confirmation on paper. BUYER; Confirming the Preliminary Information on paper, accepts, declares, and undertakes that he has obtained the address to be given by the SELLER to the BUYER before the signing of the sales contract, the basic features of the ordered products, the price of the products including taxes, payment, and delivery information accurately and completely.

5.2. The SELLER undertakes to deliver the product subject to the contract with the user manuals, to perform the work by all kinds of standards, with the information and documents required by the business, within the principles of accuracy and honesty, to maintain and increase the service quality, to show the necessary care and attention during the performance of the work, to show caution and care. accepts, declares, and undertakes to act with foresight.

5.3. The SELLER confirms that the software subject to the contract is guaranteed for 365 (365) uses within 1 (one) year. The SELLER provides only the software subscription. The BUYER obtains the title required for the software either from the market or from the MANUFACTURER himself. If the used headgear is damaged and/or broken due to user error, if the MANUFACTURER accepts the change of the headgear, the treatment can be suspended for the period required for the change (1 month), and this change process will be carried out directly with the MANUFACTURER, and that the customs procedures will be carried out by himself .agrees to follow.

5.4. The SELLER accepts, declares, and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.

5.5. In addition to the software subscription, the BUYER can also benefit from the consultancy services offered by the SELLER on the website for a fee. These consulting services are considered separate services from software subscriptions.

5.6. The BUYER accepts, declares, and undertakes that he/she will accept this sales contract for the delivery of the product subject to the contract, and if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER’s obligation to deliver the contract product will end.

5.7. The SELLER accepts, declares, and undertakes to notify the BUYER if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop outside the will of the parties, are unpredictable and prevent and/or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days of the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected in the BUYER’s account by the bank. accepts, declares, and undertakes that it cannot be held responsible. The BUYER has the right to return it unconditionally within the first 14 days after the purchase.

5.8. The BUYER declares and accepts that he is over 16 years old.

5.9. The SELLER does not claim that this product cures any disease or brain condition. The SELLER cannot be held responsible for any damage and side effects that may arise from any therapeutic use of this software. A clinical study of this product on children with dyslexia aged 7-10 years has been completed and no side effects have been reported except for a short-term headache. The BUYER undertakes to buy this product with the prescription written by his doctor for conditions other than dyslexia and to use it in the recommended way and time under his supervision. In cases of epilepsy, depression, concomitant drug use, and autism, a doctor’s supervision is required. Any responsibility that may arise if these situations are not shared with the SELLER and are not used under the supervision of a doctor belongs to the BUYER.

5.10. BUYER, if the user has metabolism problems (eg eating problems, gluten/milk, etc. intolerance, celiac, allergies, insulin resistance, hypertension, type 2 diabetes, thyroid problems, inflammation, etc.) and these metabolism problems can be controlled with appropriate medical treatment/diet. If it is not taken, the positive developments after the use of the product are likely to regress over time, therefore it is his responsibility to solve/take control of these problems simultaneously under the doctor’s control, and the SELLER cannot be held responsible for the regression that may arise in positive developments.

5.11. Auto Train Brain can be used with special training, its effect level is highest when used with special training.

5.12. To get efficiency from Auto Train Brain, it should be used for half an hour at least 3 days a week, and half an hour a maximum of 14 times a week. It can be used a maximum of 2 times a day, half an hour in the morning and half an hour in the afternoon. Reflections on life occur after 60-90 sessions. Any situation that may occur as a result of going out of this use is the responsibility of the BUYER.

5.13. Auto Train Brain software is currently running on iOS and Android phones with Android version 10.0 and higher, 4GB RAM, Bluetooth, wi-fi, and GPRS connection are required on the phone. EMOTIV APP Samsung Galaxy S8, Samsung Galaxy Note 8, Samsung Tab A7, Xiaomi Redmi Note 8, etc. works on it without any problems. For other phones and tablets, information should be obtained from [email protected] The BUYER agrees to have a phone or tablet with these features before purchasing the software.

5.14. Our product is designed as self-service. We have a user manual and installation videos on the internet. The BUYER agrees to install and use the product on the phone as self-service when the handset is received. Face-to-face support provided by the SELLER is subject to an additional fee if he/she wants to solve the difficulties he/she will experience in installing/using the product through a face-to-face meeting.

5.15. For the expected benefit of our product to be reflected in the life of the child with dyslexia, it would be appropriate to support it simultaneously with ATB special education application and academic formal education.

6. USER INFORMATION TEXT ON THE PROTECTION OF YOUR DATA BY THE PROCEDURES AND PRINCIPLES OF THE PERSONAL DATA PROTECTION LAW NO. 6698 (“KVKK”)

As a SELLER established in Turkey; As the data controller, your data is obtained in the following ways, depending on the situation,

• within the scope of our legal relations,

• within the framework of the purpose requiring their processing and in connection with this purpose, in a limited and measured way,

• maintaining the accuracy and the most up-to-date version of the personal data you have notified or notified us of,

We inform you that it will be recorded, stored, preserved, reorganized, shared with the institutions that are legally authorized to request this personal data, and that it will be transferred to third parties in the country, transferred, classified, and processed in other ways listed in the KVKK.

6.1. WHICH PERSONAL DATA DO WE PROCESS?

Your data that we share with us or that may be subject to processing, if necessary, are as follows:

Username Alphanumeric domain name that identifies the user but does not contain any identifying information.

Date of birth User’s date of birth

Gender User’s gender information

6.2. HOW AND FOR WHAT REASONS DO WE REQUEST YOUR DATA?

As the SELLER, we collect your data, which we request from you, to fulfill our legal obligations, to perform the service contract between us, for the reasons stipulated in the laws and accordance with the legitimate interest of the SELLER, through your verbal, physical or electronic transmission to us.

Your data may be processed by the SELLER for purposes and reasons such as but not limited to the following purposes and legal reasons.

To carry out the user service relationship, we will establish with you, a particular;

• neurofeedback training activity

• EEG measurement data

We store your information.

It may be processed to exercise our right of defense or to fulfill our legal obligation if requested by us within the scope of a duly legal process.

Your data will be retained for the maximum period specified in the relevant legislation or required for the purpose for which they are processed, and possibly for the legal statute of limitations.

6.3. SHARING YOUR DATA WITH THIRD PARTIES IN DOMESTIC AND ABROAD

Your data can be shared and analyzed anonymously with specialist doctors to create new treatment methods for different brain conditions.

Your data mentioned above are transferred to AWS to be kept in a secure and high-speed global database and can be used as anonymous data to realize new inventions and treatments in the field of health.

6.4. SHARING YOUR DATA WITH THIRD PARTIES ABROAD

6.4.1. YOUR RIGHTS

By Article 11 of the KVKK, regarding your data, provided that you prove your identity;

• To learn whether the SELLER is processing personal data about you and if so, to request information about it,

• To learn the purpose of processing your data and whether they are used for the purpose,

• To learn whether personal data is transferred domestically or abroad and to whom

You have the right.

In addition, you have the right to request the correction of your incorrect and incomplete personal data from the SELLER and to inform the recipients whose data has been or may have been transferred.

You may request the destruction (deletion, destruction, or anonymization) of your data from the SELLER within the framework of the conditions stipulated in Article 7 of the KVKK. At the same time, you can request that the third parties to whom the data has been or may be transferred be informed about your destruction request. However, by evaluating your destruction request, we will evaluate which method is appropriate according to the conditions of the concrete case. In this context, you can always request information from us about why we have chosen the destruction method we have chosen.

You may object to the results of your personal data analysis, created exclusively using an automated system if these results are contrary to your interests.

If you suffer damage due to the unlawful processing of your data, you can request the removal of the damage.

Your requests in your application will be concluded free of charge within thirty days at the latest, depending on the nature of the request. However, if the transaction requires a separate cost for the SELLER, the fee in the tariff determined in the Communiqué on Application Procedures and Principles to the Data Controller may be charged by the Personal Data Protection Board.

By the first paragraph of Article 13 of the KVK Law; The SELLER, who is the data controller, must submit the applications to be made regarding these rights in writing or by other methods determined by the Personal Data Protection Board (“Board”).

In this context, applications are to be made to our SELLER in writing, by printing out the form;

• With the personal application of the Applicant,

• Via notary public or

• By being signed by the Applicant with the secure electronic signature defined in the Electronic Signature Law No. 5070 and sent to the SELLER registered [email protected] e-mail address,

• It can be sent to us by e-mail sent from the e-mail address that the Applicant has previously notified the SELLER and registered in the SELLER’s system.

In matters related to the processing of your data, you can submit your application to the SELLER by filling out the application form on the SELLER’s website, in writing, or by using the registered e-mail address, secure electronic signature, mobile signature, or your e-mail address that you have previously informed us and included in our records. you must. Depending on the nature of your request and your application method, the SELLER may request additional verifications (such as sending a message to your registered phone or calling) to determine whether the application belongs to you or not, and thus to protect your rights. For example, if you apply through your e-mail address registered with the SELLER, we may contact you using another communication method registered with the SELLER and request confirmation of whether the application belongs to you.

7. USER EXPRESS CONSENT ON THE PROTECTION OF PERSONAL DATA BY THE LAW ON PROTECTION OF PERSONAL DATA NUMBER 6698 (“KVKK”)

SELLER established in Turkey; as data controller,

• your data we obtain in the following ways, depending on the situation,

• within the scope of our legal relations,

• within the framework of the purpose requiring their processing and in connection with this purpose, in a limited and measured way,

• maintaining the accuracy and the most up-to-date version of the personal data you have notified or notified us of,

We inform you that it will be recorded, stored, preserved, reorganized, shared with the institutions that are legally authorized to request this personal data, and that it will be transferred to third parties in the country, transferred, classified, and processed in other ways listed in the KVKK.

7.1. TRANSFER OF YOUR DATA ABROAD

Your data may be transferred to persons/companies abroad, especially if the SELLER has a legitimate interest that does not impair the fundamental right and freedom of the data subject in sharing the data, or if it requires the performance of a relevant contract, by the Law on the Protection of Personal Data, and the personal data may be transferred by these persons/companies. can be processed.

Your data that may be transferred abroad by us are as follows:

Username Alphanumeric domain name that identifies the user but does not contain any identifying information.

Date of Birth User’s date of birth

Gender User’s gender information

7.2. PURPOSE OF TRANSFER OF YOUR DATA ABROAD

Your data mentioned above are transferred to AWS to be kept in a secure and high-speed global database and can be used as anonymous data to realize discoveries and treatments in the field of health. Regarding this explicit consent text, “I have read and understood the explicit consent text. By ticking the checkbox “I approve and consent to the processing of my data in the ways specified in the text”, you will consent to the transfer of your data mentioned above for the specified purposes;

8. RIGHT OF WITHDRAWAL

8.1. BUYER; Within 14 (fourteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated, in the contracts for the sale of goods, provided that the SELLER is notified, it can use its right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason. In contracts for service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.

8.2. To exercise the right of withdrawal, written notification must be given to the SELLER by registered mail, fax, or e-mail within 14 (fourteen) days and the product must not be used (unopened) within the framework of the provisions of the “Products for which the Right of Withdrawal cannot be exercised”. If this right is exercised,

8.2.1. The invoice of the product delivered to the person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)

8.2.2. Return form,

8.2.3. The products to be returned must be delivered completely and undamaged.

8.2.4. The SELLER is obliged to return the total price and the documents that put the BUYER under debt within 10 days at the latest from the receipt of the withdrawal notification to the BUYER and to receive a financial refund within 20 days.

9. CASE OF DEFERRED AND LEGAL CONSEQUENCES

The BUYER accepts, declares, and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney’s fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares, and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

10. COMPETENT COURT

Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer, or where the consumer transaction is made, within the monetary limits specified in the law below, shall be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below:

As of 01/01/2017, the value in applications to be made to consumer arbitration committees for 2017:

a) District consumer arbitration committees in disputes under 2,400 (two thousand four hundred) Turkish Liras,

b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in provinces with metropolitan status,

c) Provincial consumer arbitration committees in disputes under 3,610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces that are not in a metropolitan status,

ç) Provincial consumer arbitration committees have been appointed in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in districts of provinces that are not in metropolitan status.

This Agreement is made for commercial purposes.

9. ENFORCEMENT

When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.

SELLER: HMS Health Mobile Software Sağlık Mobil Yazılım ve Eğitim A.Ş.

BUYER: ……………………………………………………………………………………

DATE: ………………………………………………………………………………………