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The abbreviations used in this agreement are as follows:

Mindary/Company: Mindary is the website brand and mobile application brand name of Mindary Yazılım ve Bilgi Teknolojileri Anonim Şirketi.

Party/s: The User and the Company will each be individually referred to as a "Party" and hereinafter collectively referred to as the "Parties".

Website: The Company website with the domain name

Application:  It is an application named Mindary, owned by Mindary Software and Information Technologies Joint Stock Company, that can be downloaded to mobile devices from online mobile application markets for a fee or free of charge, and carries in-app purchasing services.

Law: Personal Data Protection Law No. 6698.

User: General definition of real or legal persons who register voluntarily and make in-app purchases. 

Online Payment System: It is the payment system that receives payment transactions on Google Play and App Store, with which Mindary cooperates, in order to perform the Online Payment System Service.

Agreement: Mindary User Agreement.

Visitor: Person or persons who visit and use the site for informational purposes by reading it without providing personal contact information. 


   1. parties

This User Agreement has been and will be concluded between the User who downloads the Application and/or uses the website. The terms and conditions of the Website and this Agreement will be deemed to have been accepted by the User and entered into force upon the User downloading the Application to the relevant mobile device and/or starting to use the Website.

   2. Service Description – Scope

      2.1. “Mindary” Application is a mental health application designed to provide daily, easy-to-apply mini practices and information with the aim of providing the user with positive habits that will support their well-being.

      2.2. Mindary Website and/or App does not recommend any diagnosis, prognosis or treatment. Any content on the Website and/or Application does not replace therapy or treatment. All exercises and content are recommendations. It is left to the discretion of the user to perform all content and exercises that the user accesses and it is recommended to consult an expert. User's content and suggestions within the application  It is at his own discretion and responsibility whether to use it or not, and the User accepts, declares and undertakes this. The Company cannot be held responsible for the consequences arising from the content and suggestions chosen by the User. This Agreement determines and regulates the terms of use of the Application and the Website and the relevant rights and obligations of the User and the Company.


   3. Use of Content

      3.1. The Company is the owner, licensee and rights holder of the general appearance and design of the Website and the Application and all kinds of materials and intellectual property rights on the Website and the Application. All audio, video and written content has been prepared by Mindary.

      3.2. Information, images, trademarks and brands, the domain name of the Website, any logos, icons, display elements, technical data, computer software, applied sales system, business method and business model presented in electronic, graphic or machine-readable form (“Materials” ”) is under legal protection. 

      3.3. Materials on the Website and/or Application, including codes and software, cannot be modified, copied, reproduced, translated into another language, or republished without prior written permission and appropriate reference. All or part of the Website and/or Application cannot be used on another website or mobile application without permission.

      3.4. The User is directly responsible for any damage or loss that may arise as a result of sharing information and/or usage rights (including the use of such information), such as the username and password determined by the User or determined by the User. Likewise, the User cannot use the personal data or information of any other person on the internet, such as IP address, e-mail address and user name, and cannot access or use the private data or information of another User without authorization. The user accepts that he/she assumes all legal and criminal liability that may arise as a result of such use.

      3.5. The Company is not responsible, directly or indirectly, for any damage or loss that may arise due to the use of the Website or Application and any other data or program, whether due to breach of contract, tort or otherwise.

      3.6. The Company does not accept any liability for any interruption of any transaction, error, omission, interruption, deletion, loss, delay in transaction or communication, infection with computer viruses, malfunction in telecommunication lines, communication error, theft, destruction or unauthorized access to records.  ;

      3.7. Any content transmitted by the User through the Website and Application belongs to the Company and may be used for marketing purposes.

   4. Rights and Obligations of the User

      4.1. After downloading the Application and completing the membership process, the User will be entitled to use the free content and exercises on the Application and Website, and to use paid content and features after making the payment using payment methods.

      4.2. The User declares and undertakes to provide the requested information in a complete, true and accurate manner. The User is responsible for the incomplete, untruthful or incorrect transmission of this requested information and for the consequences that may arise from the incomplete, untrue or incorrect provision of this information.

      4.3. The User accepts, declares and undertakes to act in accordance with the provisions of this Agreement and all terms and conditions specified in the Application and Website and which may be updated by the Company from time to time.

      4.4. The User may never use the Application and the Website in a way that would disrupt public order, violate the rules of conduct, disturb others, or for any unlawful purpose. 5. The User will not prevent or engage in obstructive actions or behaviors that prevent the use of the Application and the Website, will not overload or lock the servers or databases by installing automatic programs, and will not engage in such intended fraud attempts. Any legal, criminal and financial liability that may arise from any action contrary to the above provisions belongs to the User.

      4.5. The User is solely responsible for ensuring the confidentiality and security of the password and information he uses to log in to the Application and the Website. The User accepts, declares and undertakes that he/she will not share or disclose this information and password with any real or legal person and/or other organization. The User accepts, declares and undertakes that any action he takes with the password and information he uses to log in will be deemed to have been made by the User and that he/she will be responsible for any liability that may arise. He accepts and undertakes that such transactions will be accepted and covered by the User and that he will not raise any defense or objection as to whether such a transaction has been made by him or not, or refrain from fulfilling his obligations based on this defense.

      4.6. The Company may prevent the User and/or any third party from accessing any information and content uploaded by the User to the Application and the Website, or delete such information or content. The Company may always monitor, control and store any information and data regarding any communication carried out by the User through the Application and the Website, including any content uploaded by the User to the Application and the Website and sending and receiving messages. The user has been informed about this issue and accepts the above.  

      4.7. The User acknowledges that any communication he or she may make through the Application and the Website may only be related to the scope of the Application and the Website; He accepts, declares and undertakes that he will not communicate with the Application and the Website for any purpose other than activities related to the subject of this Agreement, for the purpose of private and personal communication.

      4.8. Any information that the User enters into the system can only be changed upon the User's request.

      4.9. The Company has the right to change the contents of the Application and Website and/or any services offered to the User or to stop the provision of such content and/or services or to add new services to its service range. These additions, deletions or changes may be made at any time determined by the Company. The User accepts, declares and undertakes that the Company does not make any commitments or undertakings within the scope of this Agreement, and that it will not claim any compensation or amount under any name against the Company.

      4.10. The User shall have the right to access and save this Agreement at any time and to use the Agreement in case of any dispute.

      4.11. The Company has the right to update the terms of use specified in this Agreement. Any changes to the terms of use and this Agreement will be deemed to enter into force on the date they are published on the Application and Website.

      4.12. The Application and the Website may contain links or references to other websites or applications that are not under the control of the Company. The Company is not responsible for the content of such other applications or any other links contained in such other applications to which the Application and Website contain links or references.

   5. Rights and Obligations of the Company

      5.1. The Company will offer advisory practices, videos and exercises to help its Users develop habits, manage their stress levels, increase their focus and clear their minds. The practices accessed by the experts were recorded in a studio environment and presented as "video/audio/written content" through the Application.

      5.2. The Company is not responsible for any interruptions or disruptions that may occur in the Application and the Website due to Force Majeure, connection problems, Internet outages, reasons arising from suppliers, usage errors or any other reason related to them, the device on which the user uses the Application or the Website, or the version of the operating system of this device.

      5.3. The Application and the Website are intended for personal and individual use. If the Company detects that the User is using the Application or the Website in violation of the terms and conditions specified in this Agreement, it may stop, suspend or completely terminate the User's membership. In this case, the User accepts, declares and undertakes that he will not make any claims against the Company in this regard, no matter what.

      5.4. The Company may request and possess some of the User's personal information (name-surname, e-mail address, telephone number, etc.) in order to provide better service to the User or to invite the User to participate in certain campaigns. For this purpose, the user fills out certain surveys or information forms. This data collected on the Company's servers and computers may be used by the Company to design and develop promotional activities for certain customer profiles and to prevent communication within the scope of user classification studies.

      5.5. The Company declares and undertakes that it will act in accordance with the Privacy Policy specified in this Agreement in the activities of unsolicited e-mails.

      5.6. The Company may unilaterally change this Agreement in order to ensure the continuity of the services, and is authorized to unilaterally suspend the provision of services temporarily or permanently, change the content of these services or cancel the provision of them, at any time and without any notice. In case of such a change or amendment, the Company will publish the current version of the User Agreement along with the last update date on the Application and the Website via the same internet connection and, if the Company deems it appropriate, will be sent to the e-mail addresses of the Users. The updated version of the User Agreement will enter into force on the date it is published on the Application and the Website, and the use of the Application and/or the Website will be subject to the updated version of the User Agreement.

      5.7. The User is deemed to have undertaken to comply with this User Agreement from the moment he completes and approves the registration form or starts using the Application or Website. This Agreement shall automatically become void upon any deletion of the User account.

   6. Membership and Payments

      6.1. The User accepts and declares that an internet connection is required for the Application to work, and that an internet connection is required to view the videos, pictures, photographs, graphics, texts and visuals in the Application. It is stated that the internet usage fee will be covered through the User's wireless network or mobile internet package, that the Company does not provide any guarantee or is not responsible for the internet usage fee, and that the User is informed about the specified issues.

      6.2. The App can be downloaded free of charge and separate confirmation will be required for the sales price, including all applicable taxes for in-App purchases.

      6.3. The User acknowledges that the Company may unilaterally change the prices of content, subscriptions, and campaigns and packages within the Application at any time; He/she accepts, declares and undertakes that he/she will check the updates and application details regularly.

      6.4. The User accepts that no refund will be made and cannot request a refund in case the contents and features within the Application are removed, updated or changed.

      6.5. Any purchases made within the application will be immediately sent to the User's mobile device. The user's mobile device must be connected to the internet to access the Apple App Store or Google Play Store. The Apple App Store and Google Play Store General Terms and Conditions will apply depending on the type of mobile device and in connection with the use of the Apple App Store and Google Play Store.

      6.6. Any purchase offer made through the Application and the Website is valid from the moment it is made, and the Company reserves the right to unilaterally change the purchase prices at any time without prior notice.

      6.7. Some services offered by the Company are “Paid Services” and may be subject to additional payments as of the date of execution of this Agreement or in the future. All payment terms notified to the User during the use or membership phase of Paid Services are an integral part of this Agreement.

      6.8. As agreed to by the User, certain Paid Services, after being charged a one-time fee upon initial use, may become continuously chargeable services. By choosing a continuously charged service, the User will be deemed to have accepted the fee to be charged for the first use, any subsequent fees to be charged continuously, and all fees to be charged continuously until the service is cancelled.

      6.9. Users are required to provide current, complete and accurate information regarding their billing account (in case of any change in billing address or credit card information). In the event that the User's payment methods are canceled (e.g. due to loss or theft) or possible security breaches such as unauthorized closure or unauthorized use of the username and password are detected; The User must immediately notify the Company or Payment Processor of any such event. Such information may be changed as necessary through the security page of the Apple App Store or Google Play Store associated with the sale.

      6.10. The User acknowledges that if the User does not submit any of the above-mentioned information, the Company will continue to receive payments through the Billing Account for each use of the Paid Service, unless the Paid Service is terminated. 

      6.11. User's continued use or failure to cancel Paid Services constitutes Company's consent to bill User for such Paid Services using User's Payment Method. The amounts of these invoices issued as debt will be paid by the User and the User will be obliged to pay these amounts. However, this does not mean that the Company waives its right to receive direct and immediate payment from the User.

      6.12. All free trials or promotional offers providing access to any Paid Services must be used within the period defined for the trial. In order not to charge the User any fee at the end of the period determined for the trial version of the Paid Service; The User must stop using the Paid Service before the end of this period. In case the User cancels the use of the trial version before the expiration of the specified period and is still charged for the relevant Paid Service by mistake; The Company should be contacted by sending an e-mail to


   7. Campaigns

      7.1. From time to time, the Company may offer discounts, gifts, special offers and campaigns, etc. through the Website and/or Application for the benefit of the Users. can edit. All terms and conditions of such campaigns are determined by the Company.

      7.2. The Company reserves the right to change the content of such campaigns and special offers without prior notice and to discontinue the implementation of such campaigns and special offers.


   8. User's Right of Withdrawal

      8.1. The right of withdrawal specified in this article is valid only for real or legal person Users who act as consumers for non-commercial or non-professional purposes.

      8.2. Since the Application will be downloaded directly from the Internet by the User, the User has the right to withdraw by exiting the Application or removing the Application from his mobile device.

      8.3. The User's right of withdrawal regarding in-App purchases will be exercised in accordance with the Apple App Store or Google Play General Terms and Conditions.

      8.4. For annual paid memberships, the person has the right to withdraw if a refund is requested within 30 days from payment, and for 3-month paid memberships, if a refund is requested within 7 days after payment.


   9. Disclaimer

      9.1. All kinds of information, suggestions and content on the Application and the Website have been prepared as suggestions, assuming that the user does not generally have any medical or psychological illness. The User is obliged to use the Application and the Website with awareness of this fact and, if deemed necessary, to obtain approval from the relevant physician before use. The Company cannot be held responsible for any consequences that may arise due to the user's medical or psychological condition.

      9.2. The User acknowledges that all information and content on the Application and the Website are recommendations and do not provide diagnosis or treatment for any disease or medical condition, and the User; acts at its own discretion and assumes full responsibility for whether or not to use such content. The Company cannot be held responsible for any program chosen and implemented by the User.

   10. Force Majeure

      10.1. All kinds of earthquakes, strikes, adverse weather conditions, epidemic or pandemic diseases, wars whether declared or not, embargoes, riots, natural disasters and government orders that may occur in the country where the devices and systems are located are Force Majeure events. To the extent that it directly or indirectly affects the terms and provisions of this Agreement, the responsibilities and obligations of the Parties will be suspended during the Force Majeure event and no sanctions will be imposed on the Parties for failure to fulfill the provisions of this Agreement and neither Party will claim compensation from the other Party. 

      10.2. If the duration of the Force Majeure event exceeds 1 (one) month, either Party will have the right to unilaterally terminate this Agreement without incurring any other liability.

   11. Binding Agreement

The Parties accept and declare that this Agreement will be binding on the Parties and that the terms and conditions contained in this Agreement will be fully implemented between the Parties and undertake to act in accordance with these terms and conditions.


   12. Applicable Law and Jurisdiction

In all disputes that may arise from this Agreement and its interpretation, Ankara  Courts and Enforcement Offices are authorized and Turkish Law will be applied in such disputes. (CISG provisions are excluded and are not applicable). The User, who is a consumer acting for commercial or non-professional purposes, can file complaints and disputes with the relevant Provincial or District Consumer Dispute Arbitration Committees or the relevant Consumer Court where the User is located.

   13. Security

The basis for privacy-related issues will be subject to the privacy policy ("Privacy Policy") attached as ANNEX-1 and the provisions of this policy will be deemed to have been accepted and accepted by the User. It comes into force when the Application is downloaded by the User to the relevant mobile device and/or the User starts using the Website.

   14. General provisions

      14.1. The failure of either party to exercise any of its rights or powers or sanctions under this Agreement shall not constitute, nor shall be a waiver of, such rights, powers or sanctions or any subsequent rights, powers or sanctions.

      14.2. This Agreement shall constitute a document for the resolution of any disputes that may arise within the scope of the Code of Civil Procedure. The User consents to the recording and storage of this Agreement for proof and accessibility purposes.

      14.3. The intellectual property rights of the Application and the Website belong to the Company. The structure, layout, design and visual elements of the software and all exercises, content and information and the code of the software constitute the assets of the application and constitute the intellectual property of the Company. All such proprietary assets are protected by copyright laws and international conventions. No intellectual property rights in the software and/or content are granted to the User under or under this Agreement and all such rights are reserved by the Company.

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