CERE CHATBOT USER AGREEMENT

  1. Parties 1.1. The product services subject to this User Agreement ("Agreement") are provided by Cerebrum *Teknoloji Yazilim Sanayi ve Ticaret A.S. *("Cerebrum"), located at Konutkent Mah. 3028 Cad. No:8 Ic Kapi No:393 Cankaya, Ankara, through the Chatbot platform ("Platform"). 1.2. Within the scope of the Agreement, Cerebrum and the User will be referred to as "Party" separately and "Parties" together.

  2. Subject of the Agreement 2.1. Cere Chatbot is a platform managed by Cerebrum Teknoloji Yazilim Sanayi ve Ticaret A.S. (“Cerebrum”) located at Konutkent Mah. 3028 Cad. No:8 İç Kapı No:393 Çankaya, Ankara that provides information services and answers questions based on data and resources accessible through artificial intelligence-enabled natural language communication to users (“User”) who complete their membership by entering all necessary information accurately and completely on the Platform, which accesses the information in the database provided by OpenAI. The subject of this Agreement is to determine the provisions and conditions for Users to benefit from the services provided through the Platform and to regulate the rights and obligations of the User accordingly.

    2.2. Within the scope of this Agreement, the User acknowledges and agrees that upon creating their membership and electronically approving this Agreement, it shall come into effect and they are obliged to act in accordance with the regulations stated in this Agreement.

    2.3. If the Platform is visited without becoming a member, the provisions and conditions foreseen for Users in this Agreement shall apply spontaneously to visitors to the extent applicable, and the relevant regulations of this Agreement shall come into effect with the use of the Platform.

    2.4. The User acknowledges and declares that there is no commitment to ensuring that the services provided through the Platform will result in the establishment of a network of a certain type/volume or in the generation of commercial gain/income or other forms of recognition, and no guarantee is given that the services provided through the Platform will result in any additional benefits or opportunities for the individual, and in this regard, Cerebrum has no commitment or responsibility. The User is solely responsible for all such uses of the Platform.

  3. Rights and Obligations of the Parties 3.1. The User shall comply with this Agreement, the terms and conditions that may be published from time to time on the Platform, and the law, ethics, and moral principles in all transactions carried out on the Platform. The User shall not engage in any behavior that may obstruct the operation of the Platform by any means, infringe upon or endanger the rights of third parties, or engage in any acts that violate the law, ethics, and moral principles. The User acknowledges that they can only use the Platform and the related services for individual use and that the Platform and related services cannot be used by a company, foundation, association, other corporate or unincorporated organization, or for commercial purposes. Cerebrum provides the User with a non-exclusive and revocable right to access the Platform and use the services for individual use only, subject to the terms of this Agreement and any other rules determined by Cerebrum, throughout the term of this Agreement.

    3.2. The User shall provide all information requested by Cerebrum accurately, completely, and in a timely manner when becoming a member of the Platform. 3.3. In order to benefit from the services provided through the Platform, the User will choose one of the free or paid subscription options offered through Cerebrum's Ceremeet product, perform the necessary payment procedures, and thus be able to benefit from the relevant services. The User will make payments through the payment service provider that Cerebrum has an agreement with via the Platform. Cerebrum cannot access any payment information belonging to the User and does not store such information. 3.4. The user acknowledges and declares that Cerebrum has no responsibility for payment services during the purchase of services offered through the Platform, that Cerebrum is not a party to any disputes that may arise between the payment service provider and the user, and that no claims can be made against Cerebrum. 3.5. User's credit card information is not stored by Cerebrum in payments made through the Platform.

    3.6. You can provide input to the Platform and receive the output generated and offered by the Platform based on that input. This input and output are collectively referred to as "Content".

    3.7. The user agrees not to include sensitive personal data (such as race, ethnicity, political views, philosophical beliefs, religion, sect or other beliefs, appearance and dress, membership in an association, foundation, or union, health, data related to sexual life, criminal convictions and security measures, biometric and genetic data) within the content shared or provided on the free entry areas provided by the Platform, and agrees not to include content that contains criminal elements, violates general morality and/or legislation, violates the rights of third parties in any way, is hateful, harassing, violent, pornographic, disturbing, illegal, fraudulent and deceptive, related to political campaigns, lobbying, politics, public health or spam, and content that constitutes commercial secrets, is subject to privacy protection, intellectual property rights, or certain restrictions under the legislation (for example, content that should not be processed by automatic means). The user acknowledges and declares that in case of failure to comply with this commitment, Cerebrum will not be involved in any negative consequences and that Cerebrum's indemnification rights will be reserved.

    3.8. The user cannot present the outputs generated by the Platform as if they were generated by themselves or any other real person in a way that does not show the involvement of artificial intelligence. 3.9. The user cannot use the outputs generated by the Platform to obtain information about any subject requiring legal, medical, financial or other professional knowledge, or to provide information about these areas requiring expertise to third parties. 3.10. Cerebrum does not claim that the outputs created on the Platform are not subject to intellectual property rights in any way. The user is solely responsible for using the Content in a way that does not infringe the intellectual property rights of third parties. 3.11. Cerebrum does not make any claim or commitment regarding the uniqueness of the outputs created on the Platform among users due to the nature of machine learning, and the Platform, Cerebrum or a third party may create the same or similar outputs. Responses requested and created by other users in this context are not considered the exclusive Content of a user. 3.12. It is the responsibility of the user to ensure that the Content does not violate any valid law or this Agreement. The user is obliged to compensate for any damage that may arise from this context in relation to Cerebrum. 3.13. Users agree that any information, images, content, and any type of work/material that may relate to intellectual or industrial property within the user-generated content, including audio or video clips, digital characters, digital production images, infographics, trademarks, signs, photographs, music, voice-overs, icons, logos, designs, drafts, models, modules, and documentation ("User Materials") shared or provided by them in the free entry areas provided on the Platform, can be sublicensed or transferred by Cerebrum, without any time or media restrictions, for use, publication, reproduction, dissemination, representation, transmission through any means of audio and/or visual communication to the public, including the right to broadcast, and for all economic and moral rights of processing, without being subject to any payment or compensation, under any license or copyright. Users acknowledge, declare and undertake that they have acquired, in accordance with relevant legislation, any licenses or used any content and elements belonging to third parties, that may have been used in the User Materials, and that they are the rightful owners of such content and elements or have authorized Cerebrum to exercise the rights specified in this article. These commitments will remain in effect as an independent commitment, even after the termination of the user's membership. 3.14. Cerebrum may use the content provided by the user for the development, improvement, and maintenance of the Platform, complying with relevant legislation, and enforcing company policies. Users acknowledge that one of the primary benefits of machine learning models for Cerebrum's services is their ability to improve over time and that their content may be used for the development, improvement, and maintenance of the Platform. We understand that in some cases, users may not want their content to be used to improve the services. In such cases, users can contact Cerebrum at info@cerebrumtechnologies.com to disable the use of their content for these purposes. However, this may restrict access to some of the Platform's services. 3.15. Users must have a suitable device and internet connection to access the services provided on the Platform; otherwise, they acknowledge that they cannot benefit from the Platform. Cerebrum does not provide users with any devices, internet connections, or similar tools for them to use the Platform. 3.16. The User acknowledges and undertakes that he/she is 18 years of age or older and has the necessary legal capacity and authority to be a party to the Agreement and will continue to have such capacity and authority throughout the term of the Agreement. The User also agrees to accept all kinds of responsibility for the actions he/she performs during the term of the Agreement. 3.17. In the event of any change in the information provided during the creation of the membership or at any other time to benefit from the Platform, the User shall immediately update such information. Cerebrum shall not be held responsible for any damages that may arise due to the incomplete or inaccurate provision of such information or failure to update it, resulting in the inability to use the Platform in accordance with its purpose, or any damages that may be incurred by the User or third parties. 3.18. The User who becomes a member of the Platform is solely responsible for the use and management of all information, including accounts, usernames, and passwords that enable the use of the Platform. All transactions carried out with the User's account, username, and password will be deemed to have been performed by the User himself/herself, and the User will be solely responsible for any damages incurred by the User or third parties due to the unauthorized use, loss, or transfer of such information. The User shall immediately notify Cerebrum in the event of unauthorized use of the User's password or any other breach of security. The User may not transfer their created accounts, usernames, and passwords or membership profiles to any other user under any circumstances or allow them to be used by third parties. 3.19. It is strictly forbidden to copy and/or use the information and/or software used in the design, content, and creation of the database of the Platform beyond the use of the Platform, as well as to copy, distribute, process, and use any kind of data such as images, texts, images, files, etc. contained within the Platform in any way. In addition, Users are prohibited from (i) attempting any action that could threaten the security of the Platform, interfere with the operation of the software belonging to the Platform or prevent other Users from benefiting from the Platform, (ii) burdening the Platform disproportionately in a way that will result in these consequences, accessing information entered by others without authorization, copying, deleting, modifying, or attempting to do so, (iii) taking actions that threaten the general security of the Platform and/or may harm the Platform, Cerebrum, and other users, (iv) using or attempting to use software that will prevent the operation of the Platform and the software used, or causing disruption or breakdown of any kind in the operation of the software, hardware, and servers, performing reverse engineering, launching attacks, occupying or otherwise interfering with Cerebrum servers, attempting to access Cerebrum servers, (v) using automatic programs, robots, spiders, web crawlers, data mining or data crawling software or systems, automatic tools or manual processes on the Platform, (vi) showing the outputs obtained through the Platform as if they were produced by yourself or any real person in a way that hides the participation of artificial intelligence, (vii) using the Platform to develop basic models or other large-scale models that compete with Cerebrum is strictly prohibited. 3.20. This Agreement does not create any partnership, joint venture, or agency relationship between the User and Cerebrum in any way.. 3.21. Without the express written permission of Cerebrum, the User may not use the names, logos, or trademarks of Cerebrum or the Platform in any way. 3.22. The User agrees that access to the Platform may be temporarily blocked for the implementation of improvements and other changes to be made on the Platform. 3.23. Cerebrum reserves the right to unilaterally modify, add, renew or reorganize this Agreement and other conditions published through the Platform, without any reason or prior notice, and to change the subject, scope and content of the Platform, or to suspend or terminate its publication or use. Changes made by Cerebrum to this Agreement and other conditions will be effective as of the date they are published on the Platform, and by continuing to use the Platform, the User is deemed to have accepted the updated conditions. The User is solely responsible for regularly following these documents.

    3.24. The User is solely and exclusively responsible for any legal, administrative, or criminal liability arising from the use of the Platform and the transactions carried out within the scope of the Platform, or the outputs generated based on the inputs. Cerebrum shall not be held directly or indirectly responsible for any damages that may be incurred by third parties due to the User's activities on the Platform and/or actions contrary to this Agreement or the law. In the event of any claims from third parties in this regard, or in the event that the User fails to fulfill their obligations specified in the Agreement or relevant legislation, the User will be liable to reimburse Cerebrum for any direct or indirect damages, together with all related costs and expenses, upon first request. 3.25. If Cerebrum suspects or detects that the Platform is being misused by a particular User due to repeated complaints or other reasons, or in case of any violation of this Agreement or the law, Cerebrum may suspend or block the User's use of the Platform at its discretion. The User cannot make any claims against Cerebrum in this regard. The User is responsible for compensating any damages incurred by Cerebrum in this regard. 3.26. Cerebrum may suspend or terminate the Platform and/or this Agreement, either temporarily or permanently, at any time. 3.27. Cerebrum will make notifications regarding this Agreement through the Platform or to the communication address registered by the User on the Platform on the notification date. Cerebrum is not responsible for any damages that may arise from the inaccuracy, invalidity, non-up-to-date status or belonging to someone else of the registered communication address on the Platform. 3.28. For services subject to license provided by Cerebrum's business partners, the license terms of the business partner shall be applicable, and the User shall be obliged to comply with the license terms of the third-party business partner in such cases. Cerebrum may suspend or block the User's use of the Platform in case of non-compliance with this article. The User cannot make any claim against Cerebrum for this reason. In this context, any direct and indirect damages that Cerebrum may suffer due to the User's failure to fulfill the obligations specified in the Agreement or the relevant legislation will be claimed back from the User together with the legal expenses.

  4. Limitation of Liability

    4.1. All rights of the software, visual and graphic designs, writings, logos, graphics, and all other content on the Platform belong to Cerebrum. Cerebrum provides the Platform "AS IS" and does not make any claims or commitments regarding the error-free, reliable, flawless, uninterrupted, perfect nature of the Platform or the content created within the Platform or that the Platform will generate commercial gain or meet the specific needs of the user. 4.2. The user cannot make any claims against Cerebrum with regard to content created on the Platform, which is incorrect, not up to date, or has resulted in damage. The user agrees that Cerebrum has no responsibility or obligation to compensate for such damages. 4.3. Cerebrum is not responsible for any direct or indirect damages, any loss of profits, data, business, reputation, expected savings, work interruptions, or any material, moral, or financial damages, or compensation claims by third parties, which may arise due to the user's (i) use, non-use, or incorrect use of the Platform and/or outputs generated based on inputs through the Platform, or failure to fulfill the commitments and obligations specified in the Agreement; (ii) any hardware, system software/other software, and network-related functions and consequent malfunctions; (iii) communication network, internet connection, connection errors; (iv) any changes, updates, and similar work carried out on the Platform; (v) damages arising from voltage fluctuations, battery and power outages, virus infections, and similar environmental factors, to the extent permitted by law. 4.4. Cerebrum does not accept any responsibility for any violation of the Agreement, tort, negligence, or any other reason, to the extent permitted by law; errors, negligence, failure to properly backup data, deletion, loss, delay in operation or communication, computer virus, communication error, unauthorized access to accounts, changing or using accounts. It is accepted that Cerebrum is released from any liability, including court expenses and other expenses, for any kind of responsibility that may arise as a result of entering the Platform or the linked sites, accessing users' accounts on other social media or other platforms through links given on the Platform, visiting and using the Platform. 4.5. The user is solely responsible for all the information, links, and content shared on the Platform, and any claims and damages arising from such information will be notified or claimed against the user.. 4.6. In accordance with the Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications, Cerebrum is defined as a "hosting provider" and the User acknowledges and declares that Cerebrum has no responsibility for the content within this context. Therefore, the User accepts that Cerebrum is not responsible for investigating the truthfulness, originality, security, reliability, or accuracy of any information shared by Users on the Platform, nor is it responsible for determining whether the sharing of such information is lawful. The User also accepts and declares that Cerebrum is not responsible for any damages that may arise from such information. 4.7. The User acknowledges and declares that links may be provided to other internet sites and/or platforms, files, or contents that are not under the control of Cerebrum on the Platform, and that third-party services may be offered. The User also accepts and declares that such links do not represent any statement or warranty of any kind for the internet site to which they are directed or the person/entity operating/providing the service, and that Cerebrum has no responsibility for the platforms, internet sites, files, contents, or services accessed through such links or their contents. 4.8. The User acknowledges and declares that access to the Platform and the quality of the content provided on the Platform largely depends on the quality of the internet service provider, and that Cerebrum is not responsible for any problems arising from the quality of such service. The User also accepts and declares that the Platform is not free from defects in operation and may occasionally experience technical difficulties or access barriers.

  5. Termination of the Agreement

    5.1. This Agreement shall remain in force until the User's membership is canceled by the User or Cerebrum. Cerebrum may unilaterally terminate this Agreement without any compensation by canceling the User's membership if the User violates any provision of this Agreement. 5.2. The Parties may terminate this Agreement immediately without any notice and without requiring any violation or just cause.

  6. Other Provisions 6.1. The invalidity, non-compliance, or non-enforcement of any provision of this Agreement in part or in whole shall not affect the validity and enforceability of the remaining part of this Agreement. 6.2. Turkish law shall apply to the interpretation, application, and management of legal relationships arising from this Agreement, including disputes. 6.3. Consumer Complaints Arbitration Committees located in the place of residence of the User or Cerebrum, up to the value declared annually by the Ministry of Customs and Trade, shall be authorized to handle any complaints or objections raised by the User regarding this Agreement or any other disputes arising from this Agreement. For disputes above this value, Consumer Courts shall be authorized. 6.4. Any natural disaster, rebellion, war, strike, lockout, malfunction of the telecommunications infrastructure, power outage, bad weather conditions, or any other event beyond the control of the Parties that prevents or delays the performance of the Parties' obligations under this Agreement will be deemed Force Majeure and the Parties' obligations will be suspended during the Force Majeure. If the Force Majeure prevents or delays Cerebrum from performing its obligations under this Agreement, Cerebrum will not be held liable for the obligations that are prevented or delayed as a result of the Force Majeure, and this situation will not be considered a violation of this Agreement.