User Agreement

Last updated: 22 November 2024

CALMORA USER AGREEMENT

1. DEFINITIONS

CALMORA: Calmora Software Technologies LLC, located at İsmetpaşa Mh. Şevkeybey Sk. No: 37 Çanakkale/Merkez. Calmora is also the brand name associated with this company's website and mobile application.

Calmora Website: The website operated by Calmora Software Technologies LLC at the domain "www.calmorayla.com".

Calmora Mobile Application: The mobile application named "Calmora: Therapy and Meditation," which is owned by Calmora Software Technologies LLC and is available for download from mobile app stores either for free or with charge.

User(s): Real persons who access the services provided by Calmora by accepting the User Agreement and completing membership registration via the Calmora Website or Calmora Mobile Application.

Professional(s): Individuals certified in professions such as psychological counseling, therapy, coaching, doula services, child development expertise, lactation consulting, sleep consulting, diet and nutrition consulting, physiotherapy, etc.; who have proven their professional competence and qualifications with official documents (diplomas, certificates, etc.) and provide various consulting services to Users via the website and mobile application.

Agreement: Refers to this User Agreement, which sets the terms and conditions related to the use of services offered by Calmora, including membership and use, which is electronically agreed upon by the User's consent during the membership registration process.

Regulation: Refers to the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce, published in the Official Gazette No. 29457 on August 26, 2015.

2. PARTIES

2.1. This Agreement is concluded between the User, who transmits a request for various online consulting services by creating a membership via the Calmora Website or Calmora Mobile Application, and Calmora.

2.2. Individuals who create a membership via the Calmora Website or Calmora Mobile Application and benefit from the services offered are deemed to have accepted this User Agreement.

3. SUBJECT OF THE AGREEMENT

3.1. The subject of this Agreement is to determine the terms of use and conditions of the Calmora Website and Calmora Mobile Application and the conditions under which the User benefits from the services provided by Calmora.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The User acknowledges and undertakes that they have read and understood the entire content of this Agreement and approved all its terms and conditions by creating a membership on the Calmora Website or Calmora Mobile Application.

4.2. The User declares that they are aware of and accept the definition, scope, and terms of the service they will benefit from as detailed under the "SERVICES PROVIDED BY CALMORA" section of this Agreement at the time of membership creation.

4.3. Individuals under the age of 18 cannot become Users. The User undertakes to compensate immediately and fully for all damages incurred due to any discrepancies in the personal and other information provided, being accountable under the law.

4.4. The security and confidentiality of the email address used by the User during membership registration and the password they set are solely their responsibility. The User undertakes not to share this password with any other person or organization. The User will bear all responsibility for activities conducted under their email and password, and any claims or demands that may be brought against Calmora by third parties or authorities.

4.5. The User agrees and undertakes to comply with legal statutes while using the Calmora Website or Calmora Mobile Application and not to violate them. Otherwise, all legal and criminal liabilities arising from such violations shall solely belong to the User.

4.6. The User shall not use the Calmora Website and Calmora Mobile Application in any manner that disrupts public order, contradicts general morality, harasses or annoys others, or for an unlawful purpose, nor shall they infringe on intellectual and proprietary rights of others. Furthermore, the User shall not engage in activities (spam, viruses, Trojan horses, etc.) that would prevent or complicate the use of services by others.

4.7. The User acknowledges that some information may be collected by Calmora to improve and develop the website, and/or under legal regulations, such as the name of the internet service provider and the Internet Protocol (IP) address used to access the site, the date and time of access, the pages accessed during the visit, and the web address of the direct link to the site.

4.8. The User acknowledges that they can manage their commercial electronic message preferences through the settings section of the Calmora Website and Calmora Mobile Application.

4.9. Calmora commits to fulfilling all legal obligations and responsibilities while providing the services stipulated in this Agreement.

4.10. Calmora is not responsible for the authenticity, reliability, accuracy, or legality of any visual, written, or other content not published by it on the Calmora Website or Calmora Mobile Application and has no obligation to verify such content.

4.11. Calmora reserves the right to change, modify, or terminate any service provided to Users at any time.

4.12. The User agrees and undertakes to compensate for all damages caused to Calmora and third parties due to any violations of the clauses mentioned in this Agreement, and Calmora reserves the right to claim damages due to non-compliance with the terms of this Agreement.

4.13. The services provided by Calmora are intended for individuals residing in or citizens of the Republic of Turkey, both domestically and abroad. The User is liable for any penalties Calmora may face due to the use of the services from outside the Republic of Turkey.

4.14. The User agrees not to engage in any direct dealings with professionals introduced through Calmora outside of the Calmora Website or Calmora Mobile Application for a period of six months following the termination of this Agreement. If such dealings occur, the User is liable for any damages incurred by Calmora.

4.15. The User agrees not to engage in any direct dealings with Professionals they have become acquainted with through Calmora via the Calmora Website or Calmora Mobile Application for a period of six months during the term of this Agreement and after its termination. If the User engages in such dealings, they are obliged to compensate Calmora for any damages incurred.

4.16. The User is responsible for the accuracy of all personal information, including their email address and phone number provided during the membership registration, and is obliged to keep this information up to date. Calmora will use this information to communicate with the User, including for notifications related to the services provided under this Agreement, including termination. The User agrees that these contact details will be used for notifications under this Agreement and will not claim that they did not receive notifications due to not keeping their contact information up to date.

5. SERVICES PROVIDED BY CALMORA

5.1. Calmora provides an interface/infrastructure arrangement service that brings together Users and Professionals online via the Calmora Website and Calmora Mobile Application.

5.2. Calmora's aim is to provide an electronic environment where Users can receive various consulting services from Professionals, and Professionals can provide these consulting services to Users online. Calmora is only an intermediary service provider that connects Users with Professionals online. Calmora is not the owner or provider of the services given by Professionals.

5.3. The services provided by Calmora are not limited to the above. The aforementioned services are the basic services provided by Calmora to Users, and additionally, Calmora also offers written, audio, and video exclusive content, recommends the most suitable Professional, measures and evaluates, and provides personal process tracking to Users on the Calmora Website and Calmora Mobile Application. The addition of new services under this heading, the change of the scope and conditions of services, are entirely within Calmora's authority. Calmora can use this authority unilaterally without any notification. Calmora reserves the right to suspend its existing services for a period as needed for technical maintenance and requirements.

5.4. Users must create a membership via the Calmora Website or Calmora Mobile Application to benefit from the services. Membership accounts created by Users can only be used by themselves. Other third parties such as close relatives, friends, or family members cannot conduct consultations with Professionals using the same User account.

5.5. Memberships of individuals under the age of 18 will not be accepted. If Professionals determine during consultations that Users are under 18, their memberships will be terminated immediately. Additionally, in cases of panic attacks, seizures, thoughts or actions of suicide or harming themselves or others, counseling services provided via the Calmora Website or Calmora Mobile Application are not suitable. In such cases, the Professional will breach confidentiality and will immediately encourage the User to contact the nearest 112 Emergency Service, health institution, or psychiatrist. If deemed appropriate, the Professional may also report to authorized emergency health institutions and/or judicial authorities.

5.6. After creating a membership, Users can request appointments to receive their chosen online consulting service. Calmora will determine the most suitable Professional to provide consulting services to the User by considering the User's request, personal statements, demographic information, test results, and other characteristics. Calmora will assign a Professional to the User and facilitate the creation of an appointment. On the scheduled date and time, the User and Professional can conduct an online consultation via the Calmora Website or Calmora Mobile Application.

5.7. The User has the right to cancel or postpone the scheduled appointment but is obliged to inform Calmora at least 24 hours before the appointment time.

5.8. The Professional is obliged to obtain informed consent from the User before starting the consultation if required by their profession. The consultation will not begin unless the User provides consent to the Professional.

5.9. The User can continue their online consultations with the assigned Professional or request a change of Professional. In such cases, Calmora may assign another Professional to the User at its own discretion.

5.10. If the Professional determines that the consulting service provided is not suitable for the User, they have the right to withdraw from providing the consulting service to the User. In such cases, Calmora will immediately assign another Professional to the User.

5.11. All consultations conducted by the User are recorded in their membership account and can be viewed by the User. The User is responsible for the confidentiality of their login credentials, such as username and password, and any notifications sent to their designated email address, and will bear all responsibilities arising from any breach of this confidentiality.

5.12. The Professional will not administer medical diagnoses or treatments, and will not promise to do so; they will not prescribe medication. The User cannot request the Professional to prescribe medication for treatment. If the User insists, the Professional may terminate the consultation.

5.13. The User is prohibited from recording their consultation with the assigned Professional in audio or video formats and must comply with this rule. Non-compliance will result in criminal sanctions.

5.14. Calmora primarily provides a platform service that brings together Professionals and Users, and in this context, is an intermediary service provider according to the Regulation. Therefore, Calmora is not the owner or provider of the services offered by Professionals. Accordingly, Calmora is not responsible for the failure or improper fulfillment of the commitments made by Professionals. Calmora has no obligation to monitor the consulting services provided by Professionals to Users. The information and advice given by Professionals during consultations are based on their expertise and personal opinions and do not legally bind Calmora. Calmora is not responsible for any damages Users may incur due to the opinions and views expressed by Professionals. Calmora is neither a party nor responsible for any disputes between Professionals and Users.

5.15. Calmora reserves the right to terminate the User's membership and/or their service and claim any damages incurred due to non-compliance with the rules outlined in this Agreement. Calmora always reserves the right to unilaterally terminate the User's membership when necessary.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. The general appearance and design of the Calmora Website and Calmora Mobile Application, as well as all information, images, codes, texts, graphics, names, icons, videos, logos, service provider brands and other brands, the domain name "www.calmorayla.com," demonstrative, written, electronic, graphic or machine-readable technical data, computer software, applied business methods and business models, and all content included therein, and their related intellectual and industrial property rights belong to and are licensed by Calmora. These intellectual and industrial property rights and/or other intellectual property rights are protected by relevant laws and cannot be used, acquired, modified, copied, duplicated, converted to another license, or republished by the User without written permission from Calmora. The entire or part of the website cannot be used on another website without permission.

6.2. Notices and logos that belong to third parties or institutions within the expressions on the Calmora Website and Calmora Mobile Application cannot be removed when quoted from the site. If the User violates intellectual property rights through actions contrary to Calmora's interests, Calmora reserves the right to claim compensation for any damages caused by such violations.

7. PRIVACY AND DATA PROTECTION

7.1. Calmora respects the privacy of Users' personal data. Calmora processes and protects Users' personal data in compliance with the Personal Data Protection Law No. 6698 and related regulations.

7.2. Detailed information regarding the processing and protection of Users' personal data can be found in the Privacy Policy and the Personal Data Protection Disclosure Text available on the Calmora Website and Calmora Mobile Application.

8. FORCE MAJEURE

8.1. In all cases considered as force majeure by law, Calmora is not legally responsible for any delays, incomplete performance, or failure to perform any obligations under this Agreement. In the event of force majeure, Calmora will not be held liable and Users cannot claim compensation.

8.2. The term "force majeure" includes, but is not limited to, natural disasters, epidemics, insurrections, wars, strikes, communication issues, infrastructure and internet failures, system maintenance or upgrades and resulting malfunctions, power outages, and severe weather conditions. These are interpreted as unavoidable events beyond the reasonable control of the party and that Calmora could not prevent despite taking necessary precautions.

9. CHANGES TO THE AGREEMENT TERMS

9.1. Calmora may change, update, or cancel the terms of the Agreement at any time without prior notice or warning. Each provision altered, updated, or revoked will be effective for all Users as of the publication date.

9.2. The terms of this Agreement cannot be changed unilaterally by the User.

10. TERMINATION OF THE AGREEMENT

10.1. This Agreement remains in effect until the User cancels their membership or Calmora terminates the User's membership.

10.2. Either party may terminate this Agreement unilaterally at any time without paying compensation.

10.3. Calmora may terminate the User's membership and this Agreement unilaterally if the User violates any provision of the Agreement.

11. APPLICABLE LAW AND JURISDICTION

11.1. The application, interpretation, and management of this Agreement, and the legal relationships arising under it, are governed by the relevant laws and other regulations of Turkish Law. In the event of disputes regarding this Agreement, the T.C. Istanbul (Central) Courts and Enforcement Offices are authorized.

12. EFFECTIVENESS

12.1. This Agreement is concluded and becomes effective simultaneously when the User creates a membership via the Calmora Website or Calmora Mobile Application.