1. Parties

The terms of use and attachments of TOSTBANG Software (hereinafter referred to as the "Agreement or Terms") between us and the "User" have been electronically concluded at the moment the User becomes a member of the Platform, visits, downloads, or uses the services for the purpose of determining the rights and obligations of each party in this agreement.

Please read our Privacy Policy, Information Text on the Processing of Personal Data, and other policies and notifications on the Platform carefully along with this text before or during your use of our services. Unless otherwise specified here or in this regard, the conditions and policies constitute the entire agreement between you and us regarding your use of the Platform.

2. General Provisions

2.1. Structure of TOSTBANG

2.1.1. We are a leading marketplace company in the e-commerce world. Our goal is to be a pioneer in digital commerce by providing the highest quality experience to both consumers and businesses. Contributing to our national economy, supporting entrepreneurs, and nurturing qualified professionals are central to our mission.

2.1.2. Unless otherwise specified, we own all services provided or to be provided, services related to the Platform, all services, domain names, software codes, interfaces, contents, product reviews, videos, algorithms, drawings, models, designs, and all other intellectual property rights. (Except for content and applications provided by third parties) No copying, reproduction, distribution, reverse engineering, or any form of violation of the above intellectual property rights is allowed.

2.2. Services of TOSTBANG

We provide computer software, electrical/electronic, education, and all kinds of consultancy services. We engage in R&D activities.

3.3. User Membership Period

The User has the right to use the services provided or to be provided by TOSTBANG only during the membership period under this Agreement.

3.4. Account Opening

3.4.1. Each user can only have one user account. The User can use the Platform only for the purpose of benefiting from the services described in this Agreement. In case it is determined that a user uses more than one user account, TOSTBANG has the right to unilaterally terminate the contract, discontinue any transaction, block or suspend the user account/accounts, and take other necessary and appropriate measures.

3.4.2. The User is responsible for ensuring that the information provided when registering on the Platform is complete, accurate, up-to-date, and not misleading. TOSTBANG relies on the statements made by the user in all transactions related to the user and acts based on these statements. Otherwise, TOSTBANG has the right to terminate the agreement or refrain from any action, suspend and block the user account/accounts, and take other necessary and appropriate measures. TOSTBANG is not responsible for any loss and damages arising from the failure to fulfill this obligation.

3.5. User Qualifications

3.5.1. With this agreement, you declare and undertake that you are over 18 years of age and have legal capacity. If it is determined by TOSTBANG, for any reason, that you are under 18, your account is used by someone under 18, or you do not have legal capacity, TOSTBANG has the right to unilaterally terminate the agreement or not to proceed with any transaction, block or suspend the account, and take other necessary and appropriate measures.

3.6. Account Usage Rules

3.6.1. The User cannot transfer this Agreement, the obligations or rights arising from this Agreement to third parties without our permission. If the User sells, transfers, leases, authorizes third parties to use the TOSTBANG account without our approval, TOSTBANG has the right to unilaterally terminate the agreement, not to proceed with any transaction, block or suspend the account, and take other necessary and appropriate measures in its sole discretion.

3.6.2. The User undertakes not to act on behalf of another person but for themselves. The User declares and undertakes that they will not act on behalf of another person. Otherwise, the User accepts and declares that TOSTBANG has no legal or criminal liability for unauthorized, erroneous transactions, improper use by third parties, fictitious, irregular, etc. transactions that may occur on behalf of another person.

4. Rights and Obligations of the Parties

4.1. Rights and Obligations of TOSTBANG

4.1.1. TOSTBANG may, at its sole discretion, provide additional services to the user in line with technological developments and needs without any separate consent, agreement, or notification required.

4.1.2. TOSTBANG may, at its sole discretion, change the content of the services and stop the provision of these services temporarily or permanently.

4.1.3. TOSTBANG may request additional information and documents from the user to activate, continue, and terminate the services provided by this agreement. The user is obliged to submit these documents and information completely, accurately, and without delay.

4.1.4. TOSTBANG has the right to share the user's data with third parties within the scope of legal and contractual provisions in order to carry out the services subject to this agreement in a more effective and quality manner, to fulfill its legal obligations, to carry out risk management, to ensure the security of the platform and services, and to carry out statistical studies.

4.1.5. TOSTBANG may use the information and documents provided by the user for verification purposes, request additional information and documents, and suspend or terminate the services unilaterally or refrain from any action until the requested information and documents are provided.

4.1.6. TOSTBANG may unilaterally terminate the agreement if the user violates any provision of this agreement or if there is a situation that prevents the provision of services.

4.1.7. TOSTBANG has the right to suspend or terminate the services and the user account temporarily or permanently in case the user violates the provisions of this agreement, engages in activities that are contrary to the law, disrupt the operation of the platform, attempt to use the services for purposes other than their purpose, engage in activities that harm the reputation of TOSTBANG, its affiliates, and other users, or provide false or misleading information.

4.1.8. The user accepts and declares that TOSTBANG is not responsible for the content created, uploaded, and shared by the user, and the user is solely responsible for the consequences of the content. The user is obliged to comply with the legislation and not to create, upload, and share content that violates the rights of third parties or is illegal. Otherwise, the user is responsible for all legal and criminal liabilities that may arise, and TOSTBANG is not responsible for any damages and losses that may be incurred by the user or third parties in this context.

4.2. Rights and Obligations of the User

4.2.1. The user is responsible for the accuracy and legality of the information and documents provided to TOSTBANG.

4.2.2. The user is responsible for the security and confidentiality of the password created during membership. The user cannot share their password with anyone, and TOSTBANG is not responsible for unauthorized access to the user account and data due to the user's negligence in this regard.

4.2.3. The user cannot use the services provided by TOSTBANG for any purpose other than their purpose, cannot engage in activities that are contrary to the law or the agreement, cannot disrupt the operation of the platform, and cannot create, upload, and share content that violates the rights of third parties or is illegal.

4.2.4. The user cannot sell, transfer, lease, or allow third parties to use the TOSTBANG account without the written consent of TOSTBANG.

4.2.5. The user cannot create, upload, and share content that is contrary to morality, public order, general rules of ethics, or other users' rights.

4.2.6. The user cannot use any software, hardware, or method to interfere with the services provided by TOSTBANG or to access and use the data in the system in a way that is not intended by TOSTBANG.

4.2.7. The user accepts and declares that they will not engage in activities that harm the reputation of TOSTBANG, its affiliates, and other users, or that may create confusion or mislead others.

4.2.8. The user accepts and declares that they will comply with the legislation and that they are solely responsible for the consequences of the content created, uploaded, and shared by them.

5. Intellectual Property Rights

5.1. Unless otherwise stated in this agreement, TOSTBANG owns the intellectual property rights of all services, domain names, software codes, interfaces, contents, product reviews, videos, algorithms, drawings, models, designs, and all other intellectual property rights provided or to be provided (except for content and applications provided by third parties). No copying, reproduction, distribution, reverse engineering, or any form of violation of the above intellectual property rights is allowed.

6. Duration and Termination of the Agreement

6.1. This agreement enters into force on the date of acceptance by the user and continues until the user or TOSTBANG terminates the agreement.

6.2. TOSTBANG may unilaterally terminate this agreement without any justification by notifying the user. The user has the right to terminate this agreement at any time by notifying TOSTBANG.

6.3. Upon termination of this agreement for any reason, the user will stop accessing and using the services, and TOSTBANG may take the necessary measures, including the suspension or deletion of the user account and data.

7. Amendments to the Agreement

7.1. TOSTBANG may change the provisions of this agreement at any time. Changes to the agreement will become effective on the date they are announced on the platform or notified to the user in another way. The user is responsible for regularly reviewing the agreement and being informed about changes.

7.2. If the user does not accept the changes made to the agreement, they have the right to terminate the agreement. If the user continues to use the services after the changes are made, it is deemed that they have accepted the changes.

8. Validity of Records

In any disputes arising from or related to this Agreement, you acknowledge, declare, and undertake that the electronic and system records, commercial records, ledger records, microfilm, microfiche, and computer records kept in TOSTBANG's own systems, databases, and servers will be valid, binding, conclusive, and exclusive evidence, and that this provision constitutes a contractual agreement in terms of Article 193 of the Turkish Code of Civil Procedure (HMK).

9. Termination of the Agreement and Force Majeure

9.1. The parties may terminate this agreement at any time without stating any reason by notifying the other party one day in advance.

9.2. Force majeure under this agreement includes events occurring outside the reasonable control of the relevant party, including but not limited to natural disasters, riots, pandemics, wars, strikes, lockouts, malfunctions arising from the telecommunication infrastructure, power outages, and adverse weather conditions.

9.3. During force majeure, the obligations of the parties are suspended.

9.4. In the event that the performance of the parties' obligations under this agreement is impossible or delayed due to "force majeure," neither party shall be liable for any resulting damages.

10. Disclaimer

10.1. This application and device are not a treatment method or health application. The processing of data through the platform is intended for the pre-detection of epilepsy seizures and informing the person or persons you have provided information about. TOSTBANG shall not be held responsible for errors in data processing during the use of the platform, inaccuracies in location data processing due to weather conditions, and any problems related to the use of the application on Apple, Android, and other operating systems, or other issues.

10.2. TOSTBANG is not responsible for damages that may occur due to freezing of the application on the phone, disconnection of Bluetooth communication, interruption of connection due to hardware-related issues, prevention of the application from running in the background, or closure by the relevant operating system while working, which are not caused by our application.

11. Applicable Law and Resolution of Disputes

11.1. This Agreement is subject to the laws of the Republic of Turkey and is interpreted in accordance with these laws.

11.2. In all disputes arising from or related to this Agreement, Istanbul (Çağlayan) Courts and Enforcement Offices are authorized.

12. Effectiveness and Acceptance

12.1. This agreement between InSense and the User is concluded electronically when the User fills in the information fields on the Platform and clicks on the "Register" tab. However, the obligations arising from this agreement come into effect after the accuracy of the information provided by the User is confirmed by us during the membership process.

12.2. By using the Platform, you acknowledge, declare, and undertake that you have read, fully understood, and approved all the provisions of this User Agreement, the Information Text Regarding Personal Data, and the Privacy Policy.

12.3. Upon request, we can send you a copy of the Agreement, Information Text, and Privacy Policy to your email account.

12.4. We reserve the right to change these terms or policies at any time entirely at our discretion. Unless otherwise stated in the notification, such changes will be effective as of 00:00 on the fifth (5th) day from the date of publication of the notification on the Platform or Applications. Continuing to use the Platform after such a change means that you accept the then-current terms. Please regularly check the latest effective dates of each of these terms and policies to be informed of any updates or changes.

12.5. If you do not accept the terms of this Agreement, you cannot use the Platform and the services provided through the Platform. Otherwise, InSense cannot be held responsible for any damages arising or that may arise from your unauthorized use.

13. Miscellaneous Provisions

We declare that we have obtained the authorization to use the "TOSTBANG" and "SultanKey" brands from the relevant TOSTBANG Company. To avoid any doubt, none of the provisions will be construed as indicating or implying that we have formed a partnership with the licensor or that our operation of the Platform is a joint venture. For more information, please refer to the privacy practices and policies of these third parties accessed through this link.