VONDEL TERMS OF USE

This English version is provided for information purposes only. In case of any discrepancy between the Turkish and English versions, the Turkish version shall prevail.

Yiğit Ünalan, operating under the name "Vondel", located at İdealtepe Mah. Cuma Sk. Elif İdealist No: 1 İç Kapı No: 5 Maltepe/İstanbul and registered with the Küçükyalı Tax Office under tax number 9120309518 (hereinafter "Vondel"), operates a healthy living technology platform that offers user-specific movement and exercise programs through a digital recognition model and provides chat support ("agent") through language models. These Terms of Use (the "Terms") govern the relationship between the person using the Vondel mobile application (the "Application") (the "User") and Vondel.

1. APPLICATION AND MEMBERSHIP

1.1 The User becomes a member by downloading the Application from the app store, registering with an e-mail address and the requested information, and approving the Terms electronically.

1.2 The Application is intended for persons who are at least 18 years old; the User declares that he/she is at least 18 years old.

1.3 The User accepts that the information he/she provides during and after registration is accurate, current and his/her own; otherwise, Vondel cannot be held responsible for the resulting consequences.

1.4 For Users invited within the scope of corporate use by their employer or the organisation of which they are a member (the "Corporate Customer"), the provisions of the agreement between the Corporate Customer and Vondel are reserved; that agreement does not impose any obligation on the User beyond the Terms. Participation in the Application, team challenges and the leaderboard is at the User's discretion; rewards and consequences that the Corporate Customer attaches to challenges are not binding on Vondel.

2. USE OF THE APPLICATION

2.1 The Application includes scans such as posture photographs and fitness tests, the question flow, the digital recognition model, personalised movement and exercise programs, session tracking, chat with agents and, in corporate use, team challenges and the leaderboard. Vondel may make updates and changes within the scope of the services it offers or remove content as it deems appropriate.

2.2 The purpose of the Application is to create a movement and exercise program for the User based on the information shared by the User. No scan result, test answers, measurement, digital recognition model output, program, warning or agent answers in the Application constitute medical diagnosis, treatment, prescription, physiotherapy, rehabilitation or medical advice. They do not replace the assessment of a physician or health professional and may not be used for that purpose. The activities offered by the Application do not fall within the scope of an emergency service and cannot be interpreted as such; in an emergency, the User should call the 112 Emergency Call Centre.

2.3 The User accepts and declares that he/she has no condition preventing him/her from exercising or, if he/she has a condition that may require exercise restrictions, including but not limited to a known injury, chronic disease, cardiovascular or respiratory disorder, pregnancy or recent surgery, that he/she has consulted his/her physician before using the Application and will not use it without the physician's approval. The User should use the Application within this framework, taking into account his/her disorders, injuries and any condition that may prevent him/her from exercising. If there is a condition preventing him/her from exercising, the User accepts that he/she has consulted his/her physician before using the Application and will not use it without the physician's approval. The User accepts and declares that all information he/she provides in the question flow, scans, chat and other channels is accurate and complete, and that if he/she feels pain, dizziness, chest tightness, shortness of breath or any unusual symptom while performing a movement, he/she will stop the movement immediately and apply to a health institution.

2.4 The Application does not provide live trainer supervision during the performance of movements. It is the User's own responsibility to follow Vondel's guidance regarding the program and movements, to assess their suitability for his/her own physical condition, and to perform the movements in a safe environment with appropriate equipment. Vondel cannot be held responsible for use contrary to the User's declarations in 2.3, for incorrect performance of movements and/or for the User avoiding consulting a health professional by relying on the information in the Application.

2.5 The digital recognition model, scan results, agent answers (if the User chooses to use them) and the program are created and updated by automated systems based on the information provided by the User. Accordingly, the outputs depend on the information provided by the User and may contain content that is incorrect, incomplete or unsuitable for the User's condition; Vondel does not guarantee that the outputs are complete or error-free.

2.6 The User may not use the Application in violation of the law, morality or the Terms; may not open an account on behalf of another person or with false information; may not upload photographs, measurements or information belonging to another person; may not let another person use his/her account; may not copy or reverse engineer the software of the Application or attempt to circumvent its security; may not use misleading or unfair methods in team challenges and the leaderboard; and may not harm other Users.

2.7 Vondel does not undertake that the Application will be uninterrupted, error-free or meet the User's expectations; to the extent permitted by law and except in cases of intent or gross negligence, Vondel cannot be held responsible for errors, interruptions, delays, data loss and indirect damages arising from the Application.

2.8 Some features of the Application may be offered for a fee. The fee, duration, automatic renewal and cancellation conditions are shown in the Application and in the app store before purchase. Purchase, payment, renewal, cancellation and refund transactions are carried out in accordance with the rules of the app store where the purchase was made. Since a paid feature is made available for use immediately upon purchase with the User's approval, there is no right of withdrawal under the exception provided in the legislation for services performed instantly in electronic form. Rights arising from consumer legislation are reserved.

3. TERMINATION

The User may terminate his/her membership at any time by using the account closure step in the Application or by applying to info@vondelexcellence.com. Closing the account does not affect records subject to retention obligations arising from legislation. If the agreement between the Corporate Customer and Vondel ends or the Corporate Customer removes the User from the scope of use, use within the scope of corporate use is terminated on the date stated in a notice given to the User. The User may switch to individual membership until that date; the account of a User who does not switch is closed on that date and the above provision on account closure applies.

4. PROTECTION OF PERSONAL DATA

Information on the processing of personal data is included in the Vondel User Privacy Notice and the Privacy Policy; consent for health data and other processing requiring explicit consent is obtained through separate statements. Acceptance of the Terms does not mean explicit consent to the processing of personal data.

5. OTHER TERMS

5.1 Intellectual Property Rights: The Application, its content, software, design, the digital recognition model and the name "Vondel" belong to Vondel; the User is granted a limited, non-exclusive, non-transferable, non-sublicensable right of use solely for personal and non-commercial purposes, which ends upon termination of the Terms. Without prejudice to the prohibitions in 2.6, without Vondel's prior written permission or permission communicated by e-mail, it is prohibited to use, reproduce, distribute, make available to the public or commercialise the Application, its content, its software and any outputs produced by the Application, including scan results, digital recognition model outputs, programs and agent answers, for commercial purposes or for the personal or commercial benefit of third parties, or to use them to develop a similar product or service. The User's sharing of his/her own scan results and program with persons such as his/her physician or trainer for personal purposes, and use of the sharing features within the Application, are excluded from this prohibition. In case of violation, Vondel's right of termination under 5.5 and its right to compensation arising from the legislation are reserved.

5.2 Amendments to the Agreement: Vondel may amend the Terms for justified reasons such as changes in legislation, security requirements or changes in the features of the Application. Amendments are announced in the Application and enter into force at least 15 days after the announcement. A User who does not accept the amendment may terminate his/her membership under Article 3 until the effective date; the User's continued use of the Application after that date means that he/she accepts the amendments.

5.3 Force Majeure: Vondel cannot be held responsible for failing to fulfil its obligations in cases beyond Vondel's control that cannot be prevented by reasonable measures, such as natural disasters, epidemics, infrastructure and communication failures, cyber attacks and changes in legislation, for as long as such cases continue.

5.4 Governing Law and Jurisdiction: The Terms are governed by Turkish law; Istanbul Anatolian Courts and Enforcement Offices have jurisdiction over disputes. The provisions of the legislation on consumer arbitration committees and consumer courts are reserved.

5.5 Termination of the Agreement: In case of violation of the Terms, Vondel may suspend the account or terminate the Terms by notifying the User; in case of violations that endanger security, other Users or third parties, the notification may be made together with a protective measure.

5.6 Validity of Vondel's Records: System and transaction records relating to the Application constitute evidence in the event of a dispute, without prejudice to the User's right to prove otherwise.

5.7 App Store: The Terms are between the User and Vondel; the operator of the app store from which the Application is downloaded is not a party to the Terms, is not responsible for maintenance, support, warranty or User claims relating to the Application, and may enforce this provision directly against the User. The User uses the Application only on devices permitted by the rules of the relevant store and in accordance with those rules.

5.8 Notifications: Vondel's notifications to the User are made through in-app notifications or the registered e-mail address; the User keeps his/her e-mail address up to date. The User's notifications to Vondel are made to info@vondelexcellence.com.

5.9 Assignment: In the event of the transfer of its business or its conversion into a company, Vondel may assign its rights and obligations arising from the Terms, provided that the User's rights are not diminished and by notifying the User. The User may not assign his/her rights and obligations arising from the Terms or his/her account.

5.10 Entry into Force: The Terms enter into force upon mutual acceptance when the User gives approval electronically.

I have read and accept the Vondel Terms of Use. ☐