1. PARTIES
1.1. This Consultant Membership and Service Agreement (“Agreement”) is executed between Terappin Teknoloji Anonim Şirketi (“Terappin” or “Platform”) and the expert or clinical psychologist (“Consultant”) who will provide Consultation Service to the Client in the area where the Client needs help via the Platform.
1.2. Terappin and the Consultant shall individually be referred to as a “Party” and collectively as the “Parties”.
2. DEFINITIONS
2.1. Terappin and/or Platform: Refers to the Terappin Teknoloji A.Ş. website and mobile application, which offers intermediary services for Consultation Service by bringing the Consultant and the Client together on the https://terappin.com/ website and the mobile application downloadable from the App Store and Google Play Store under the name Terappin Online Expert Psychologist.
2.2. Client (Danışan): Individuals who become members by creating an account on the Platform and have declared their intention to benefit from the Consultation Service to be provided by the Consultant.
2.3. Consultant (Danışman): A person who has completely filled out their personal and professional profile information via the Consultant registration system on the Terappin application and/or Platform, holds one of the professional titles listed below, is legally authorized to provide the service, and wishes to offer services to Clients online, only within the scope of their area of expertise:
2.3.1. Psychiatrist: A health professional who is a graduate of a Faculty of Medicine, has completed specialized training in Mental Health and Diseases in accordance with Law No. 1219 on the Manner of Practice of Medicine and Allied Arts, proves this specialization title with relevant official documents, and is authorized to conduct private professional practice under the Regulation on the Conduct of Private Professional Practice by Health Professionals.
2.3.2. Clinical Psychologist: A health professional who has successfully completed a Master's degree in Clinical Psychology following a Bachelor's degree in Psychology, holds the title "Clinical Psychologist" pursuant to subparagraph (a) of Provisional Article 13 of Law No. 1219, and meets the legal requirements for private professional practice.
2.3.3. Dietitian: A health professional who has completed a Bachelor's program in Nutrition and Dietetics and is authorized to provide services to individual clients in accordance with the Regulation on the Conduct of Private Professional Practice by Health Professionals.
2.3.4. Physiotherapist: A health professional who has graduated from a Bachelor's program in Physiotherapy and Rehabilitation, is authorized to offer individual assessment and consultation services, and is authorized for private professional practice under the relevant legislation.
2.3.5. Yoga / Pilates Instructor: A professional who provides guidance based solely on lifestyle, body awareness, and exercise, without providing healthcare services, and holds valid national/international instructor certificates and/or a professional qualification certificate recognized by the Vocational Qualifications Authority (MYK) in this field.
2.4. Consultation Service: Refers to the online consultation service to be provided by bringing the Consultant and the Client together via the Terappin application. This service includes providing professional consultation and guidance support to the Client, tailored to their individual needs, based on the Consultant's areas of expertise. For the avoidance of doubt, "Remote Health Service" is also included within the scope of Consultation Service.
2.5. Membership Requirements: The qualifications that the Client must possess to become a member of the Platform and benefit from the services. The details of these qualifications are specified in Article 9 of the Client Usage Agreement, and the Client must fully meet these qualifications to benefit from the Consultation Service.
2.6. Consultation Package: Refers to the Session package selected by the Client with a specific Consultant, within the scope of appropriate pricing options, to conduct meetings.
2.7. Session: Refers to the online one-on-one meeting conducted by the Consultant and the Client through the Platform within the scope of the Consultation Service. The Session covers assessment, consultation, guidance, or support services provided by the Consultant only within the limits of their professional competence and authorization, based on their area of expertise and legal authority.
2.8. Instant Request Session: Refers to an online one-on-one meeting conducted when the time remaining until the scheduled service time is less than 1 (one) hour from the moment the Client pays for the Consultation Service session through the Platform.
2.9. Remote Health Service: Refers to remote healthcare services provided in the field of Mental and Neurological Diseases, carried out in accordance with the Regulation on the Provision of Remote Health Services and current secondary legislation, by bringing the Psychiatrist and the Client together via the Platform.
2.10. Remote Health Service Session: Refers to the online one-on-one meeting conducted by the Psychiatrist and the Client through the Platform within the scope of the Remote Health Service. The subject of these meetings may be a psychotherapy session or an examination appointment. Under this Agreement, the Remote Health Service Session will be offered for sale as single sessions, not as a package.
2.11. Instant Request Remote Health Service Session: Refers to a Remote Health Service Session for which the time remaining until the scheduled session time, set by the Client through the Platform, is less than 1 hour from the time of payment.
3. SUBJECT MATTER AND PURPOSE OF THE AGREEMENT
3.1. The subject matter of this Agreement is to determine the terms of the relationship to be established between the Consultant and Terappin, the conditions related to the Platform service to be provided by Terappin, and the rights and obligations of the Parties, upon the Consultant's membership through the Platform and commencement of Consultation Service provision.
4. DURATION AND SCOPE OF THE AGREEMENT
4.1. This Agreement shall commence upon the Consultant's membership in the Platform and remain in force until the termination of the Agreement.
4.2. The Agreement shall terminate upon the closure/cancellation or termination of the Consultant's membership in any manner.
5. GENERAL PROVISIONS
5.1. Terappin conducts an intermediary activity by bringing together, online, the Client who cannot receive face-to-face consultation service due to temporal, spatial, or other reasons, or who prefers to receive online consultation service, and the Consultant who wishes to provide Consultation Service by utilizing Platform services.
5.2. The Consultant, who initiates their membership to provide Consultation Service through the Platform, accepts the conditions specified in this Agreement within the scope of the relationship to be established with the Client.
5.3. The Parties acknowledge, declare, and undertake that Terappin provides an intermediary service within the scope of the Platform service, and that it has no right or obligation regarding the Consultation Service to be provided by the Consultant to the Client.
5.4. Content to be offered by Terappin on the Platform will be provided on an “as is” basis. The Consultant acknowledges, declares, and undertakes that they cannot make any claim against Terappin on the grounds that the current content on the Platform is incomplete, erroneous, or does not meet their expectations.
5.5. The Consultant has the right to terminate their Platform membership at any time. In this context, the membership cancellation procedures carried out by the Consultant will be performed in accordance with this Agreement and the Platform’s usage rules.
5.6. Terappin reserves the right to change or remove any content or in-app services on the Platform without the need for prior notification.
5.7. The responsibility for any information, documents, services, writings, statements, and similar shares made through Terappin belongs to the Client or Consultant making these shares, and Terappin has no oversight or responsibility regarding the contents.
5.8. The Consultant accepts the right of Terappin to temporarily suspend the service when activities such as operation, development, updating, or maintenance are to be carried out on the Platform’s application.
5.9. If there is an error in the service features or price information on the Platform, it may be possible for Terappin to update with a correction or cancel the service by providing the necessary information. The Consultant declares that they understand and accept this regulation.
5.10. The Consultant has authorized Terappin to accept the fees to be paid in return for the Agreement on their behalf and account, and the Client's payment obligation shall cease upon payment being made to Terappin in its capacity as a representative. For payment transactions, Terappin has the opportunity to work with the payment service providers it prefers, who are deemed authorized by law.
5.11. If the Client wishes to purchase a Consultation Package to continue their sessions with a specific Consultant, they can purchase three different Consultation Packages: 4 Session Package: 8 weeks (56 days), 5 Session Package: 10 weeks (70 days), and 10 Session Package: 20 weeks (140 days). Consultation Package fees will be announced on the Platform and may differ for each Consultant, and Terappin reserves the right to change these fees. Terappin reserves the right to change the scope, validity periods, number of Sessions, and fees of the Consultation Packages. These changes will be valid from the date they are announced on the Platform. Clients will be able to continue using their existing rights within the scope of the Consultation Package purchased before the change, within the specified period.
5.12. Upon the expiration of the Consultation Package period, all unused Session rights will expire. Regarding the frequency of use of the Sessions, the Client can use the Sessions at any intervals they wish. However, the Consultant's availability and the Session frequency deemed appropriate by the Consultant depending on the Client's needs will be determinant in scheduling the Sessions. The Parties acknowledge, declare, and undertake that they will comply with the terms specified in the Usage Agreement in this regard and that Terappin has no responsibility regarding the frequency of the Sessions, and that the matter will be jointly determined between the Consultant and the Client. For the avoidance of doubt, the Consultant has the right to refuse consecutively requested Sessions (e.g., requesting a Session at intervals of a few days or requesting multiple Sessions within a week). The Client acknowledges, declares, and undertakes that they will not hold Terappin or the Consultant responsible for Session losses incurred due to this reason.
5.13. Terappin is entitled to a commission amount at certain rates over the Session fees paid by the Client in return for the Consultation Service provided by the Consultant on the Platform. These rates are detailed as follows:
5.13.1. 50% of the fee for each realized Session for Single Session and Instant Request Sessions,
5.13.2. 45% of the fee for each realized Session for the 4 Session Package,
5.13.3. 40% of the fee for each realized Session for the 5 Session Package,
5.13.4. 35% of the fee for each realized Session for the 10 Session Package.
5.14. If the Session Package is not used within its duration, the Client will lose their Session rights as of the end date of the period. The Consultant acknowledges and declares that in case of such a loss of rights, no right will accrue for unscheduled Therapy Sessions, and the fees paid for the Session Package related to unscheduled Sessions will not be paid to them.
5.15. Discount code campaigns may be organized for Clients on the Platform at different times. Regarding these campaigns, the discount rates and the sharing of the amount resulting from the discount between Terappin and the Consultant may vary depending on the scope of the campaign. In some campaigns, the discount amount is equally deducted from Terappin's commission and the Consultant's earnings, while in other campaigns, a larger portion or all of the discount amount may be covered by Terappin's commission. The terms of the campaign and the applicable sharing rates are determined by Terappin and applied in line with the campaign rules announced on the Platform. The Consultant accepts the changes that may occur in their earnings due to the effect of the campaigns on the Platform within the scope of this regulation.
5.16. In the event that Terappin makes a change in this Agreement, Terappin reserves the right to suspend the accounts of Consultants who do not accept the updated version of the Agreement within one month from the update date. However, the validity of the Sessions purchased by the Client to meet with the Consultant until the last update date will be maintained. Terappin reserves the right to prevent a new Session purchase as of the expiry date determined within the scope of this clause. If the Consultant accepts this Agreement after their account is suspended, the account will be reactivated by Terappin.
6. PROVISIONS REGARDING PSYCHIATRIST SERVICES
6.1. Terappin conducts an intermediary activity that complies with the directives and standards of the Remote Health Information System (“RHIS”) by bringing together, online, the Client who cannot receive face-to-face health service due to temporal, spatial, or other reasons, or who prefers to receive Remote Health Service, and the Psychiatrist who wishes to provide Remote Health Service by utilizing Platform services.
6.2. The Parties acknowledge, declare, and undertake that Terappin provides an intermediary service within the scope of the Platform service, and that the obligations of the Psychiatrist regarding the Remote Health Service to be provided to the Client are limited to the extent specified in Article 6 of this Agreement.
6.3. Content to be offered by Terappin on the Platform will be provided on an “as is” basis. The Psychiatrist acknowledges, declares, and undertakes that they cannot make any claim against Terappin on the grounds that the current content on the Platform is incomplete, erroneous, or does not meet their expectations.
6.4. The Psychiatrist has the right to terminate their Platform membership at any time. In this context, the membership cancellation procedures carried out by the Psychiatrist will be performed in accordance with this Agreement and the Platform’s usage rules.
6.5. Terappin reserves the right to change or remove any content or in-app services on the Platform without the need for prior notification.
6.6. The responsibility for any information, documents, services, writings, statements, and similar shares made through Terappin belongs to the Client or Psychiatrist making these shares, and Terappin has no oversight or responsibility regarding the contents.
6.7. The Psychiatrist accepts the right of Terappin to temporarily suspend the service when activities such as operation, development, updating, or maintenance are to be carried out on the Platform’s application.
6.8. If there is an error in the service features or price information on the Platform, it may be possible for Terappin to update with a correction or cancel the service by providing the necessary information. The Psychiatrist declares that they understand and accept this regulation.
6.9. The Psychiatrist has authorized Terappin to accept the fees to be paid in return for the Agreement on their behalf and account, and the Client's payment obligation shall cease upon payment being made to Terappin in its capacity as a representative. For payment transactions, Terappin has the opportunity to work with the payment service providers it prefers, who are deemed authorized by law.
6.10. Terappin will be entitled to a commission amount at a rate of 30% over the session fee paid by the Client in return for the Remote Health Service provided by the Psychiatrist on the Platform.
6.11. Discount code campaigns will be applied for Clients on the Platform at different times. Psychiatrists acknowledge and declare that they will participate in these campaigns, and the Session fee differences applied due to discount codes will be mutually deducted from their shares and Terappin's commission amounts.
6.12. Terappin reserves the right to suspend the account of the Psychiatrist who does not accept this Agreement within one month from the last update date. However, the validity of the Remote Health Service Session purchased by the Client to meet with the Psychiatrist until the last update date will be maintained. Terappin reserves the right to prevent a new Remote Health Service Session purchase as of the expiry date determined within the scope of this clause. If the Psychiatrist accepts this Agreement after their account is suspended, the account will be reactivated by Terappin.
7. PLATFORM SERVICES
7.1. No guarantee or quality promise is given by Terappin regarding the quality or nature of the service to be provided by the Consultant, and liability cannot be directed to Terappin based on such a reason. The Consultant is personally responsible for damages arising during the Consultation Service due to the Consultant's fault, and the Client has no right of recourse against Terappin for any reason.
7.2. Consultant information published within Terappin is filled out by the Consultant themselves, and Terappin has no responsibility regarding the accuracy or up-to-dateness of the information. Necessary changes will be made without delay if the current and correct version of the information is notified.
7.3. Advice, treatment, referral, suggestion, or similar conduct provided by the Consultants shall in no way be binding on Terappin nor shall be deemed a source of responsibility.
7.4. Terappin undertakes to take all measures for the security of the software it uses and to remedy possible deficiencies and vulnerabilities that may arise over time. However, due to the nature of internet-connected software and services where 100% security cannot be guaranteed, Terappin's liability will not arise in situations beyond Terappin's initiative, such as mechanical, electronic, or communicative failures or malfunctions where there is no fault.
7.5. In the event that the Consultant permanently or temporarily ceases to provide services through the Platform for any reason or leaves the Platform, the fee paid by the Client for unused services will be subject to a refund process. The refund process is carried out within the procedures and principles determined by Terappin, and the refund amount to be made to the Client will be limited only to the services not yet performed. The Client declares and undertakes that they will not make any additional claims or claims for damages within the scope of this regulation, and that they understand and accept these terms.
7.6. The Consultant acknowledges and undertakes that they will only visit, view, and use this Platform for the Consultation Service specified in this Agreement, and that they have no right to copy the pages of the Platform in any way other than this.
7.7. The Consultant acknowledges, declares, and undertakes that, unless they are granted special and written authorization by Terappin in this regard, they will use the information, content, and promotional materials on the Platform solely for the purpose of the Consultation Service specified in this Agreement; and that they will not engage in any activity of copying, downloading, reproducing, publishing, modifying, sharing, or distributing by any means for any purpose outside this scope. The Client further acknowledges, declares, and undertakes that they know that the Platform content is protected under intellectual property rights and other relevant legislation and will not perform any action contrary to these regulations.
7.8. The Consultant acknowledges and undertakes not to attempt to access the source codes of the Platform or to copy the Platform in any way. The content and software of this Platform belong to Terappin and are protected by copyright. Legal copyright warnings and various introductory texts have been placed on the Platform pages. It is forbidden to delete or remove these warnings and texts. The Client declares that they understand and accept this regulation.
7.9. The Consultant acknowledges and undertakes not to use any robot, spider, or other automatic devices or manual processes for the purpose of monitoring or copying the Platform or its contents, or for other unauthorized purposes, without the explicit written permission of Terappin. Otherwise, the legal and criminal liabilities arising therefrom shall belong entirely to the Consultant.
7.10. The Client acknowledges and undertakes not to use any device, software, or routine to interfere or attempt to interfere with the operation of the Platform.
7.11. The Consultant acknowledges and undertakes not to perform any transaction that imposes an unreasonable or disproportionately large load on Terappin's infrastructure.
7.12. The Consultant acknowledges, declares, and undertakes that they are responsible for ensuring the security of the Platform account information, that they will not share the account information with any other third person or persons, and that they will immediately inform Terappin if they detect an unauthorized login to their account.
7.13. The Consultant acknowledges and undertakes to indemnify and hold harmless Terappin, its affiliated companies, officers, representatives, other partners, and employees against any damage and loss that third parties may suffer and any claims that may be asserted due to the Consultant's use of the Platform, including using the Platform to connect to another website or to upload content or other information to the Platform.
7.14. The Platform is obliged to monitor and ensure that Psychiatrists providing Remote Health Service have the necessary equipment regarding information and communication technologies and that their technology literacy is sufficient for the provision of Remote Health Service.
8. OBLIGATIONS OF THE CONSULTANT
8.1. The Consultant undertakes to comply with all applicable legislation, including tax legislation, and the ethical rules valid for face-to-face therapies, regarding the consultation service they provide. In the event of a violation of this clause, the Client's right to claim compensation from the Consultant for any damage is reserved.
8.2. The Consultant shall not implement or recommend any medical treatment, including decisions to start or stop drug therapy.
8.3. The Consultant shall inform the Client about the notification of illness specified in Article 8.2 of the Client Usage Agreement and the risk of error in the consultation service if the Client fails to do so.
8.4. The Psychiatrist acknowledges, declares, and undertakes that they will fully comply with all applicable legislation, including tax legislation, the ethical rules valid for face-to-face treatments and medical practices, and the regulations stipulated under the Regulation on the Provision of Remote Health Services, regarding the Remote Health Service they will provide. Within the scope of these obligations, the Psychiatrist acknowledges, declares, and undertakes the following matters:
8.4.1. The Psychiatrist accepts and undertakes that they possess the necessary operating permit specified in Article 8 of the Regulation on the Provision of Remote Health Services to provide Remote Health Service and that they will submit this permit to Terappin immediately and completely during registration.
8.4.2. The Psychiatrist accepts and undertakes that they have completed the relevant Remote Health Service (RHS) and Registration and Certification System (RCS) registration specifically for Terappin before the Ministry of Health of the Republic of Turkey and Provincial Health Directorates and that they will submit the relevant registration to Terappin.
8.4.3. The Psychiatrist accepts and undertakes that they possess all necessary authorization documents under the current legislation for the provision of Remote Health Service, fulfill professional and administrative requirements, have fully completed all registration and notification procedures to be carried out before the relevant official authorities, will duly keep all documents and records related to the service provided, and can present them to the authorized authorities when necessary. Furthermore, they accept and undertake to submit the current information and documents regarding these authorization documents, registrations, and notifications to Terappin immediately and completely during registration.
8.4.4. If the Psychiatrist provides service within a healthcare facility, the said healthcare facility must have the necessary operating permit specified in Article 8 of the Regulation on the Provision of Remote Health Services, this operating permit must be submitted to Terappin, and the healthcare facility must have a valid work certificate issued on behalf of the Psychiatrist. The Psychiatrist accepts and undertakes to submit the relevant work certificate to Terappin upon request. Health professionals providing services without being affiliated with any healthcare facility are obliged to make the necessary notifications to the Provincial Health Directorate and obtain the relevant permits to perform the services within the scope of this Agreement.
8.5. The Consultant acknowledges, declares, and undertakes that they have full responsibility towards the Client within the scope of the Consultation Service they provide, that they are personally responsible for all direct or indirect damages that may occur during the Consultation Service, and that they will cover the relevant damage without the need for any court decision when a notification regarding these damages is made, and that they will not hold Terappin responsible for this damage or seek recourse for the amounts paid within the scope of this damage.
8.6. The Consultant acknowledges, declares, and undertakes that they will not perform the following actions:
8.6.1. Reaching out to the Client’s social media accounts, sending messages, or communicating externally in any way without the Platform's permission.
8.6.2. Requesting money, soliciting or sharing bank account details, and similar acts for the purpose of material gain.
8.6.3. Conducting advertising and promotional activities about other sites, brands, products, services, and similar content.
8.7. The Consultant acknowledges, declares, and undertakes that their personal information existing in the system is accurate and up-to-date when becoming a member of the Platform and during the performance of the consultation service, and that the Consultant is solely responsible for all possible damages if it is determined that the personal information belonging to the Consultant is incorrect.
8.8. While providing the Remote Health Service, the Psychiatrist takes necessary measures to verify the identity of the person receiving the service and may request the official identification document to be shown via camera if they doubt the Client's identity. In case of doubt or if identity verification cannot be performed, the Psychiatrist has the authority not to commence or to terminate the service.
8.9. The Psychiatrist is obliged to inform the Client if a third party is present in the environment where the session is held during the Remote Health Service.
8.10. The Psychiatrist is obliged to inform the Client about the nature and consequences of the service in a clear, understandable, and plain language.
8.11. The Psychiatrist acknowledges, declares, and undertakes that they understand that the Remote Health Service may be terminated unilaterally at any time if medical necessities or legal reasons exist.
8.12. The Consultant acknowledges, declares, and undertakes that they are responsible for ensuring the security of the Platform account information, that they will not share the account information with any other third person or persons, and that they will immediately inform Terappin if they detect an unauthorized login to their account.
8.13. The Consultant is personally responsible for ensuring the security of their systems (e.g., Platform username and password security).
9. MEMBERSHIP REQUIREMENTS
9.1. Persons who do not meet the conditions below cannot become a member of Terappin and cannot provide service as a Consultant through the platform:
9.1.1. Must be 18 years of age or older.
9.1.2. Must have legal capacity to act.
9.1.3. Must not have been previously banned from membership for any reason.
9.1.4. Must fulfill legal obligations.
9.2. The Consultant is obliged to provide the full and complete name, surname, e-mail, phone number, and other necessary information requested when becoming a member of the Platform, and undertakes that this information is accurate and that they will keep this information up-to-date. In case of incomplete information or inability to verify the entered information, Terappin has the right to terminate the Consultant’s Platform membership.
9.3. Terappin, which provides intermediary service within the scope of the Platform activity, reserves the right of discretion in accepting members in line with legal or commercial interests and preferences, in addition to the membership requirements stated above.
10. PERSONAL NATURE OF THE SERVICE
10.1. The Consultation Service is provided by the Consultant preferred by the Client.
10.2. The Consultation Service offered on the Platform is provided by the Consultant chosen by the Client, and this Consultation Service cannot be transferred, shared with third parties in any way, nor can the service debt be transferred to a third person.
10.3. Each Consultant may open a maximum of one account, and duplicate accounts will be closed by Terappin without the need for any warning.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All copyrights, trademarks, patents, and other intangible rights, including but not limited to all content, software, concept, design, photographs, and other details of the Platform and service content, in both their material and moral aspects, and including the rights of use, belong exclusively to Terappin Teknoloji Anonim Şirketi, and the Parties acknowledge, declare, and undertake not to engage in activities such as copying, unauthorized use, reproduction, marketing, distribution, transmission, engineering, reverse engineering, and similar actions related thereto.
12. PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
12.1. As a data controller under Law No. 6698 on the Protection of Personal Data, Terappin may process personal data belonging to real persons as a result of activities such as receiving and fulfilling applications through the Platform and creating user accounts. Please review the Personal Data Protection page for detailed information on the processing of your personal data.
12.2. Terappin may process and share personal data with third parties for the purposes of carrying out goods and service procurement processes, fulfilling contractual obligations, or complying with legal regulations, and shall be limited to these purposes.
12.3. The Consultant acknowledges, declares, and undertakes that the personal and other information they provide when becoming a member of the Platform is accurate, complete, and up-to-date, and that they will indemnify Terappin for all damages it may incur due to the inaccuracy of this information.
12.4. The Consultant is obliged to immediately update any changes that may occur in their information through the platform. Otherwise, the Consultant will be responsible for all damages that may arise.
12.5. The Consultant may not give the password they specified when becoming a member of the Platform to other individuals or organizations, and the right to use the said password belongs exclusively to the member. The Consultant is obliged to immediately inform the platform in case the password falls into the hands of third parties or is used without authorization. Due to this reason, Terappin reserves all rights to compensation and other claims against all liabilities that may arise and all claims and demands that may be asserted against Terappin by third parties or authorized bodies resulting from the said unauthorized use.
12.6. The Consultant has agreed not to access or use the data of other users without permission. Otherwise, all legal and criminal liabilities arising therefrom shall belong entirely to the Consultant.
12.7. The Consultant acknowledges, declares, and undertakes that they will delete, destroy, or anonymize Personal Data if the reasons requiring the processing of personal data or the purpose of processing cease to exist, and there is no legal reason requiring the transferred data to be stored for a longer period.
12.8. The Consultant agrees not to transfer the Client's personal data and special categories of personal data to third parties without the Client's explicit consent.
12.9. The Consultant acknowledges, declares, and undertakes that they are obliged to take all necessary technical and administrative measures against unauthorized access, data loss, data leakage, or misuse risks to ensure the security of the Client's personal data, and that they will be exclusively responsible for all damages that may arise if they fail to fulfill this obligation.
12.10. The Consultant accepts that in the event of a data breach concerning Terappin, a request from a judicial/administrative authority, or an application from the relevant person, they will immediately notify Terappin, at the latest within 24 (twenty-four) hours from the detection of this situation.
12.11. Terappin acknowledges, declares, and undertakes that it will delete, destroy, and/or anonymize personal data, subject to legal obligations, upon the termination of the Agreement and/or the disappearance of the purpose of using personal data.
12.12. The Consultant accepts that Terappin has the right to audit the fulfillment of the commitments and obligations either personally or through a third party, and in the event that Terappin requests an audit within this scope, the Consultant agrees to allow the said audit and to act in cooperation with Terappin.
12.13. Even if this Agreement between the Parties is terminated, these privacy and protection provisions regarding personal data shall remain valid.
13. SEVERABILITY OF THE AGREEMENT
13.1. The Parties acknowledge and declare that if any provision of this Agreement is deemed invalid, this invalidity shall not affect the validity of the remaining provisions of the Agreement.
14. FORCE MAJEURE
14.1. In all situations considered force majeure—such as, including but not limited to, natural disaster, riot, war, strike, communication, infrastructure, and internet failures, power outage—which the relevant Party could not reasonably control and prevent despite exercising due diligence, the Parties shall not be held responsible for the improper performance of their commitments.
14.2. In the event of force majeure, the Parties have the right to suspend the provisions of the Agreement with a notification to be made to the other Party within 15 (fifteen) days; and if the force majeure situation lasts for more than three months, the Parties have the right to terminate the Agreement.
15. CANCELLATION POLICY
15.1. The Consultant who becomes a member with the request to provide Consultation Service within the scope of this Agreement has the right to terminate their membership at any time. For membership to be cancelled, a request must be made by sending an e-mail to [email protected], and the cancellation process must be completed accordingly.
16. ENTIRE AGREEMENT
16.1. This Consultant Membership and Service Agreement constitutes the entire agreement between the parties regarding the subject matter of the Consultant Membership and Service Agreement and supersedes all prior written or oral agreements and/or communications relating to the subject matter.
17. INDEPENDENT LEGAL COUNSEL
17.1. The Consultant acknowledges and declares that they have had the chance to read this Consultant Membership and Service Agreement, accept its provisions, and have had the opportunity to seek independent legal advice regarding the provisions of the Consultant Membership and Service Agreement before approving them.
18. CONTACT AND SUPPORT
18.1. In the event of any dispute arising between you and Terappin, it is recommended that you first contact Terappin directly using the contact information below to resolve the dispute amicably.
18.2. [email protected]
19. INTERPRETATION
19.1. Unless otherwise understood, (i) singular expressions include plural expressions and vice versa; (ii) if any action required to be done under this Agreement must be done on a day that is not a business day, the action must be performed on the next business day or earlier; (iii) any reference to any regulation or law includes all its amendments, consolidations, or other provisions; (iv) a reference to a natural person means, including but not limited to, a partnership, joint venture, association, government or legal person or any legal entity, and the reverse should be interpreted within this scope.
20. HEADINGS
20.1. The headings used in this Agreement are for reference purposes only and do not affect the understanding and interpretation of this Agreement.
21. GOVERNING LAW AND JURISDICTION
21.1. This Agreement is governed by the laws of the Republic of Turkey.
21.2. Istanbul (Çağlayan) Courts and Enforcement Offices shall have jurisdiction over all disputes arising from or related to this Agreement.