Membership Agreement

1. Parties

This User Agreement ("Agreement") is made between Focused Pupa Teknoloji ve Yazılım Hizmetleri Anonim Şirketi, ("Focused Pupa") located at İçerenköy Mh. Yeşilvadi Sok. No:4, Ataşehir, İstanbul and the user ("User"). It governs the terms and conditions under which the User may use the services offered through Focused Pupa's mobile applications and the Website.

2. Definitions

2.1. Privacy Policy: about the application and website (focusedpupa.com), which governs Focused Pupa's general privacy policy in relation to personal data and the use of cookies, including for what purposes and how Focused Pupa uses the personal data that users submit through the application or website. ) refers to the text that can be accessed. 

2.2. Application: The mobile application called Focused Pupa comprises the mobile application software that runs on all mobile devices and the services that are provided in the virtual environment within the scope of this application.

2.3. Website: means the website and mobile applications (mobile application includes mobile website) with the domain name FocusedPupa.com owned by Focused Pupa and on which Focused Pupa provides the Services set out in this User Agreement.

2.4. User: Refers to the natural and legal persons who register using the methods established by Focused Pupa and benefit from the products and services offered through the Application and the Website under the terms and conditions set forth in this Agreement. 

2.5. Service: refers to the activities provided by Focused Pupa to enable Users to perform the work and transactions defined under this Agreement.

2.6. Message(s): Refers to the messages that Focused Pupa sends to Users for marketing, research, information and other purposes and that Users allow Focused Pupa and its business partners to send when registering for the mobile application.

2.7. User Account: Refers to the user-specific pages where the user can enter their personal and requested information and perform the actions required to benefit from the services on the application and the website. It also refers to user-specific pages that can be accessed by specifying the user name and password by the respective user.

3. Subject Matter of the Contract

3.1. Focused Pupa will provide Focusing and Motivational Services (through the gamified structure) to its Users under this Agreement. 

3.2. It is a web-based and mobile application offered by Focused Pupa that provides Focus services to its users. Focused Pupa services include:

a) That users conduct focus sessions and report these sessions, donate in exchange for earned PupaCoins and the definition of these donation campaigns for users

b) Collection of data presented to users and enabling the use of the application

c) Focus statistics

4. User Types and Fee Description

4.1. Users who register to the application use the application free of charge, unless otherwise shared by the application owner.

5. Rights and Liabilities of the Parties

5.1. The User obtains User status by accurately and currently entering the information requested on the Application and the Website and approving this User Agreement and Privacy Policy found on the Application and the Website. The user who does not provide accurate and up-to-date information when filling out said user agreement is personally responsible for any damage that may occur as a result. The user may terminate the user status at any time by cancelling it.

5.2. By accepting the terms of this agreement, the user accepts the conditions relating to the use and services offered in the application and the website as a whole. 

5.3. The User accepts that he/she will act in accordance with all the terms of this Agreement and the Privacy Policy, all applicable laws and general morality in the transactions he/she carries out on the Application and the Website, and he/she has read, understood and approved all the terms and rules set out in this Agreement. The legal and criminal responsibility for the User's actions and actions within the Application and Website rests with the User. 

5.4. Focused Pupa may disclose the user's information to the said authorities at the request of the competent authorities in accordance with the applicable legislation. As this disclosure is made to the authorised authorities, the user's consent is not obtained.

5.5. The username and password information required by the User to access the User's account and conduct transactions through the Application or Website is created by the User, and the security and confidentiality of such information is the sole responsibility of the User. Focused Pupa's reserves the right to assert all types of damages and other claims arising from the User's unauthorised use.

The user accepts, declares and undertakes in advance that the transactions carried out with his username and password have been carried out by him and that the responsibility for these transactions lies with him. He/she accepts, declares and undertakes not to raise any defence and/or objection to the fact that he/she has not carried out the work and transactions carried out in this way and/or not to waive the performance of his/her obligations on the basis of this declaration or objection. 

5.6. The user may not use the application or website in an illegal and unethical manner, in particular in the following cases: 

a) Create and register, control, update or modify a database on behalf of another person on the application or website;

b) Disrupting, modifying or reverse engineering all or a part of the Application or Website, copying, duplicating, transferring, modifying, adapting any content, file, audio-visual element, electronic material, information, all products and services on the website, translate, decompile, disassemble, use for commercial purposes;

c) Knowingly and willfully engaging in transactions using false information, creating unreal user accounts using false or misleading personal information, including false or misleading home addresses, email addresses, contact information, and using such accounts in violation of the User Agreement or applicable law, unauthorised use of a user account, party or participant to transactions by impersonating another person or using a false name; 

d) Using the application or website for purposes other than the intended purpose and in a manipulative manner;

e) The distribution of technologies or viruses that damage the application or website, the database of the application or website, any content of the application or website;

f) Collecting information about users, including email addresses, without the consent of the individuals concerned; 

g) Engage in activities that result in unreasonable or disproportionately large downloads on communications and technical systems designated by the Application or Website or interfere with technical operations. Use any "screen scraping" software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the Application or Website without the prior written consent of Focused Pupa. Unauthorised copying, posting or use of all or any part of the content on the application or website.

The user declares and undertakes to fully and immediately compensate all damages arising from violations of any kind, in particular in the cases listed above.

5.7. The User is obliged to carry out the transactions on the Application and Website in a way that does not technically damage the Application and Website in any way. All information, content, material and other content that the User will provide to the Application and Website may not contain any program, virus, software, unlicensed product, trojan horse, etc that will harm the system. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent. The User also agrees that he will not enter the User Account with robot or automatic login methods.

5.8. It is unlawful to use the Application or Website or the content of the Application or Website other than in accordance with the terms of use of this User Agreement or the provisions of applicable legislation; Focused Pupa's claims, actions and consequential rights in this regard are reserved.

5.9. If the user learns that his password has been hacked by others, he is obliged to inform Focused Pupa immediately. 

5.10. The User undertakes not to access or use third party websites and software and data accessible from the Application and the Website without authorisation. Otherwise, the user indemnifies any damages that Focused Pupa may have to pay to third parties.

5.11. If the natural person is a legal entity, the contract shall terminate automatically without further action in the event of insolvency and dissolution of the legal entity such as bankruptcy or liquidation.

5.12. Focused Pupa reserves the right to unilaterally modify the products, services and content offered in the Application at any time, in accordance with the applicable legal provisions and KVKK obligations. It reserves the right to close and delete the information and content uploaded by the User to the Application for access by third parties, including the User. Focused Pupa may use this right without notice. 

5.13. The Focused Pupa application is designed to help develop users' focusing skills and increase their motivation, and does not assure its users that their focusing success will increase, and gives no guarantee to users in this regard.

5.14. Focused Pupa may send informational or marketing messages to Users while using the Application or Website. 

5.15. Within the Application and the Website, links and linked images may be included by Focused Pupa for promotional or other reasons or information providing links to third parties for the purposes of this Agreement. These links and connections do not endorse the aforementioned website or the owner of the content, nor do they constitute any representation or warranty whatsoever with regard to the information contained in the website or its content. Focused Pupa assumes no responsibility for the portals, websites, files and content accessed through the links in the application, the services or products offered by the portals or websites accessed through these links, or their content. 

5.16. Focused Pupa may make changes and/or adjustments to the Services and update the Application at any time to enable Users to more effectively perform the services and transactions governed by this Agreement on the Application. In cases where Focused Pupa updates the Application, it may make the continued use of the Application by Users subject to the installation of the update.

5.17. If the user is a minor, the membership is approved by his/her guardian, the registration is carried out according to the information that the user confirms as correct, the user declares that the information he/she has entered is correct, and Focused Pupa is not responsible for the incorrect or incomplete information provided by the user.

5.18. Focused Pupa shall not be liable in the event that the Transactions cannot be completed or terminated due to any technical error or problem relating to the Services to be provided under this Agreement. Focused Pupa may suspend or completely discontinue the provision of the Services under this Agreement without giving any reason in relation to the provision of the Services to the User. With regard to the service provided, cases such as interruption or suspension of the service due to decisions of official institutions or legal practices or legal technical problems are accepted as force majeure and Focused Pupa shall not be liable in such cases.

5.19. The parties agree and declare that all Focused Pupa's official books and commercial records, electronic archival records, electronic information and computer records kept in Focused Pupa's database and servers shall be considered as valid, binding, final and exclusive evidence. They accept and declare that it is based on Article 193 of Law No. 6100 and that the records in question constitute an evidential contract.

6. Intellectual Property Rights

Focused Pupa's trademark and logo, Focused Pupa's application and website design, software, licence, domain name and all trademarks, designs, logos, trade dress, slogans, visual and audio elements created by Focused Pupa in relation thereto and all intellectual property rights belong to Focused Pupa. User may not use, share, distribute, display, reproduce or create derivative works of Focused Pupa's intellectual property rights or without Focused Pupa's permission. The User may not use the Focused Pupa application or website, in whole or in part, in any other environment without the permission of Focused Pupa. If the user acts in a way that infringes the intellectual property rights of third parties or Focused Pupa, the user is obliged to compensate all direct and indirect damages and costs incurred by Focused Pupa and / or the third parties whose rights are infringed.

7. Privacy Policy

7.1. Focused Pupa, attaches importance to the processing, guarantee and protection of its security in accordance with all types of legislation, so that the user can benefit from the services offered on the application and website, the personal data provided to him through the application or website, including the Personal Data Protection Act no. 6698. In this context, Focused Pupa collects, uses, transfers and processes personal data provided by the User in accordance with the Privacy Policy on the Application and Website. The Privacy Policy is an integral part of this User Agreement. By using the Services and/or creating an account, the User expressly and voluntarily consents to the collection, use, transfer and other processing of their personal data in accordance with the Privacy Policy. For more information on the terms and conditions of use of personal data and your rights in this regard, please refer to our Privacy Policy and contact [email protected] regarding your rights in relation to your personal data by sending an email to the address.

7.2. Personal data that the user of the application and website has provided and consented to the disclosure of, for the purpose of fulfilling the obligations set out in this User Agreement, carrying out the applications necessary for the operation of the application and website, to offer and present various benefits to the user and to carry out user-specific advertising, sales, marketing, surveys, all kinds of electronic communication for similar purposes, profiling, statistical studies, are collected, stored, processed, used by Focused Pupa or its business partners in accordance with the Privacy Policy and may be shared with third parties on the basis of our contractual relationships.

7.3. The user accepts and declares that he/she consents to the use and storage of his/her personal data by Focused Pupa in this manner. Focused Pupa shall take all necessary measures to keep the personal data concerned secure in accordance with Article 12 of the Personal Data Protection Act No. 6698 and to prevent unauthorised access and illegal data processing. The user has the right to exercise the rights he/she has to his/her personal data in accordance with article 11 of the Personal Data Protection Act no. 6698 and to modify or update this data at any time. In addition, the user authorises the disclosure of the information and data shared by him/her to Focused Pupa's business partners in order to offer special benefits and inform them of all types of communication activities for sales, marketing and similar purposes.

8. Payment and Return Conditions

Focused Pupa currently offers free activities and services on the website and in the application. 

9. Dissolution

9.1. It is unlawful to use this agreement, the Focused Pupa application or website or the content of the application or website in breach of the terms of use set out in this user agreement or the provisions of applicable legislation. It may be terminated by Focused Pupa with immediate effect at any time without cause and without liability for damages. Focused Pupa may terminate the User's membership without cause. Focused Pupa shall have the discretion to determine which Users will use the Application or to continue the memberships of those Members who have become Users. The User hereby agrees and undertakes that it will not seek any compensation from Focused Pupa as a result of this right and the exercise thereof.

9.2. The user accepts and undertakes by this agreement that he/she will not invoke any rights of Focused Pupa if he/she terminates his/her membership.

10. Right of Withdrawal

If a fee is required from the User, the amount of the fee will be communicated to the User in writing and the use for which a fee is required will not become valid until the User agrees in writing. Otherwise, Focused Pupa cannot charge a fee to the user. 

11. Dispute Resolution

This User Agreement and any disputes arising hereunder shall be governed exclusively by the laws of the Republic of Turkey and the courts and enforcement authorities of the Istanbul Courthouse (Çağlayan) shall have jurisdiction to settle any disputes. All disputes arising out of or in connection with the User Agreement shall be subject to the exclusive jurisdiction of the courts and enforcement authorities of Istanbul Courthouse (Çağlayan). 

12. Miscellaneous Provisions

12.1. Contract amendments

Focused Pupa may modify, update or cancel this User Agreement, any policies, terms and conditions, including the Privacy Policy on the Application and Website, at any time by stating on the Application or Website, without prior notice and/or warning of any kind. The amended provisions of this User Agreement shall become effective on the date they are posted on the Application or Website, and the remaining provisions shall remain in force and continue to have their terms and consequences. 

12.2. Force Majeure

Employee and employer disputes, including riots, embargoes, government intervention, insurrection, occupation, war, mobilisation, strikes, lockouts, business actions or boycotts, cyber attacks, communications problems, infrastructure and internet failures, system improvement or renovation works and outages , power outages, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters. Or if other events beyond Focused Pupa's control, which are not its fault and which are not reasonably foreseeable ("Force Majeure") prevent or delay the performance of Focused Pupa's obligations under this User Agreement, Focused Pupa's performance is prevented or delayed as a result of Force Majeure, Focused Pupa shall not be held liable for its obligations and this shall not be deemed a breach of this User Agreement. 

12.3. Notification

Focused Pupa communicates with the User via the email address he/she provided during registration or by calling the phone number and sending an SMS. The user is responsible for keeping his/her email address and telephone number up to date.

12.4. Integrity and Severability of the User Agreement

The fact that any article of this User Agreement is deemed invalid under the law, by the legislature or by any official authority or court shall not affect the validity of any other article and shall constitute the entire agreement between the parties on the subject. 

12.5. Transfer of the User Agreement

The User may not assign any of its rights or obligations under this User Agreement, in whole or in part, without Focused Pupa's prior written consent.

12.6. Disclaimer

The failure of a party to exercise any right granted to it in the User Agreement shall not constitute a waiver of that right or prevent the further exercise or enforcement of that right. 

13. Validness

The User's membership registration means that he/she has read and accepted all articles of thisgamified structure User Agreement. This agreement shall be deemed to have been entered into electronically and mutually effective at the time of the user's membership. A copy of the Agreement will be sent electronically to the User's email address. This Agreement shall remain in force until the expiry of the Membership Term, the termination of the User's Membership or the termination of the Membership by Focused Pupa. This User Agreement, consisting of 12 (twelve) articles, has entered into force by being approved by the User in the electronic environment by reading and fully understanding each of its provisions.