PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE YOU UNDERSTAND EVERY ARTICLE. THIS AGREEMENT COMES INTO EFFECT WHEN YOU START USING THE APPLICATION OR BECOME A MEMBER (EFFECTIVE DATE). BY ACCESSING OR USING THE SERVICES BY CLICKING THE “SIGN UP” BUTTON:
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT;
YOU ACKNOWLEDGE THAT YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT;
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, YOU ACKNOWLEDGE THAT YOU HAVE THE LEGAL AUTHORITY TO ACT ON BEHALF OF THAT ORGANIZATION; AND
YOU ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS.
IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SIGN UP OR USE THE APPLICATION.
“Aggregated Statistics” includes data and information regarding Customer's use of the Application and used by Cypien on an aggregated and anonymous basis, which includes the compilation of statistical and performance information regarding the operation of the Application.
“Confidential Information” means information about both parties' businesses, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information. This information may be verbal or written, electronic or other form or media, and is treated as “confidential” regardless of whether it is marked, designated, or otherwise identified as “confidential” at the time of its disclosure. Confidential Information does not include information that (a) is publicly available at the time of disclosure, (b) is known to the recipient, (c) is rightfully obtained by the recipient from a third party on a non-confidential basis, or (d) is independently developed by the recipient.
“Customer” or “User” means You or the authorized person if you are acting on behalf of a Legal entity.
“Customer Account” means your account on the Application.
“Customer Digital Asset” means any content (text, images, illustrations, graphs, tables and other materials), materials, or data provided by Customer to Cypien for processing, either directly through the Application or indirectly through integration with a Third-Party Product.
“Documentation” means Cypien's user guides, manuals, guides, FAQs, and training videos available atwww.cypien.ai or mobile application store related to the Application, which are provided by Cypien to Customer electronically.
“Feedback” means any communication or material sent to us by post, email, telephone or otherwise that suggests or recommends any changes to the Application and includes, without limitation, new features or functionality regarding the Application or any comments, questions, suggestions, ideas or the like.
"Entry" means the information you enter into the Application via commands and in which you own Intellectual Property Rights or have permission to use. For the avoidance of doubt, it should be noted that the Entry does not include the Cypien Digital Asset.
“Intellectual Property Rights” means all patent rights, copyrights, mask work rights, moral rights, public rights, trademark, goodwill, trade secret rights, and other intellectual property rights and all applications therefor and their registrations, renewals and extensions, which now exists or may hereafter arise under the laws of any country or other jurisdiction.
“Cypien Digital Asset” means (i) the Application, (ii) the Document, and (iii) all content, other materials and software used by Cypien to provide any services. For the avoidance of doubt, Cypien Digital Asset may include any information, data or other content obtained by tracking your access or use of the Application, but does not include Customer Digital Asset.
“Application” means the online and/or mobile Application, website and software detailed atwww.cypien.ai and provided by Cypien under this Agreement.
"Term" means the term of this Agreement, which begins on the Effective Date of this Agreement and continues for the duration of Customer's active subscription to the Application.
“Third-Party Products” means any products, content, services, information, websites or other materials owned by third parties, which are integrated into or accessible through the Application.
“User” or “Users” means all visitors and customers who access and use the Application.
“Customer Accounts” means different types of accounts for different types of Users.
ACCESS AND USE
Suitability. This is an agreement between you and Cypien. You must read and accept this Agreement before using the Application. If you do not agree, you cannot use the Application. You may use the Application only if you are able to form a binding agreement with Cypien and only in compliance with this Agreement and all applicable national and international laws, rules and regulations. Access or use of the Application by anyone under the age of 18 is not recommended.
Providing Access. Cypien grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Application during the term of the Agreement, subject to all terms of the Agreement and payment of the Fees.
Accounts. We have the final decision regarding access to your Customer Account and the Application. If you open a Customer Account on behalf of a company or institution, “you” will mean both you and that institution. By connecting to Cypien with a third-party service (such as a Google account), you consent to us using your information from that service and storing your login information for that service to the extent permitted by that service. You can never use other people's User Accounts without permission. When creating your Customer Account, you must provide accurate and complete information and keep such information up to date. You are solely responsible for the activities on your Customer Account and you must keep your Customer Account password secure. We recommend that you use "strong" passwords for your Customer Account that use a combination of upper and lower case letters, numbers, and symbols. You must immediately notify Cypien of any breach of security or unauthorized use of your Customer Account. Cypien will not be liable for any losses arising from unauthorized use of your Customer Account.
You can control your Customer Account profile by changing the options on your settings page. By providing Cypien with your email address, you agree to our sending mandatory notices regarding the Application and this is limited to legally required notifications. We may use your email address, with your consent, to send you other messages, such as changes to the features of the Application and special offers. If you no longer wish to receive such email messages, you can change your preferences or opt out in your settings page.
Limitation of Use. You must not engage in the following prohibited activities:
(i) to copy, distribute, sell, resell or disclose any part of the Application in any medium (in particular by “scrapping”);
(ii) to access the Application by automated systems by sending, through automatic systems including “robot”, “spider”, “offline reader”, etc., more request messages to Cypien servers than a human can reasonably produce in the same period of time using a normal online web browser;
(iii) to send spam, chain e-mail or other junk e-mail;
(iv) to attempt to intercept transmissions to servers running the application, to compromise or encrypt system integrity or security;
(v) to upload invalid data, viruses, worms or other software programs through the Application;
(vi) to collect data in bulk, including personal data, using the Application;
(vii) to use the Application for any unlawful commercial solicitation;
(viii) to imitate another person or operate on behalf of another person or entity without permission, commit fraud, conceal or attempt to conceal your identity;
(ix) to interfere with the proper working of the Application;
(x) to access content on the Application through any technology or means other than those provided or authorized by the Application; or
(xi) to circumvent measures we may use to prevent or limit access to the Application.
Aggregated Statistics. Except as otherwise stated in this Agreement, Cypien may monitor Customer's use of the Application and aggregate and compile the resulting data. As between Cypien and Customer, all right, title and interest in the Aggregated Statistics and all intellectual property rights therein belong to and are held solely by Cypien. The Customer's Digital Asset belonging to the Customer may also be collected, analyzed and processed in this context. You acknowledge that Cypien has the right to (i) publicly disclose Aggregated Statistics in accordance with applicable law and (ii) use Aggregated Statistics in accordance with applicable law and to the extent permitted. Such Aggregated Statistics are not designated as Confidential Information.
Reservation of Rights. Cypien reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted, this Agreement does not grant to Customer or any third party, by implication, waiver or otherwise, any intellectual property rights or other right, title or interest in or to the Cypien Digital Assets.
Suspension. Cypien may, at its sole discretion and without notice, temporarily suspend or permanently terminate Customer's access to all or part of the Application for any or no reason. These situations may include but are not limited to the following:
If there is a threat or attack on the Cypien Digital Property;
If the Customer's use of the Cypien Digital Asset poses a security risk to the Cypien Digital Asset or other customers or suppliers of Cypien;
If the Customer uses the Cypien Digital Asset for fraudulent or illegal activities;
If, within the scope of applicable laws, the Customer cannot continue its business normally, is subject to bankruptcy, restructuring, composition, liquidation, termination, or similar legal process; or
If Cypien is prohibited from providing the Application to Customer under applicable law;
If Cypien suspends or terminates access to or use of any third party application provider services or products necessary to provide its services.
Modifications to the Application. As Cypien, we may modify the Application, discontinue the Application or its features for you or Users generally, or establish usage limits for the Application without prior notice. We may terminate your access to the Application, permanently or temporarily, for any reason or no reason, if you violate any provision of this Agreement or otherwise. In the event of terminating the Application for any reason, the relevant provisions of this Agreement will continue to apply.
INTELLECTUAL PROPERTY RIGHTS
Cypien has the right to remove any Customer Digital Asset processed through the Application at its sole discretion. As a customer, by submitting, sending, uploading or otherwise making available your data through the Application, you declare warrant that you expressly grant Cypien a royalty-free, sublicensable, transferable, permanent, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list, edit, translate, distribute all or part of your personal, commercial and other data, to develop, improve and enhance artificial intelligence models in any form, in any media or technology now known or hereafter developed, in connection with the Application and the business of Cypien (of its successors and affiliates), and to use the same in promoting and redistributing all or any part of the Application (and derivative works thereof) in any media formats and through any media channels. In addition, during the term of the Agreement, you grant Cypien a non-exclusive, irrevocable license to use the Customer's name, trademarks and logos to identify the Customer as a subscriber of the Application.
With respect to Customer's Digital Asset, you declare to have acknowledged and agreed to the following:
Customer's Digital Asset: If your Digital Property contains any natural person data, you acknowledge that you have obtained written consent from each person to use that person's name or image under this Agreement.
Legal Permissions: You acknowledge that you have obtained all necessary permissions for third parties to upload and share any Customer Digital Assets on the Application, and you accept full responsibility for such permissions.
Legal Compliance and Protection of Rights: You agree that your use of Customer's Digital Asset and Cypien will not violate any laws or infringe the rights of any third party, including intellectual property and privacy rights.
Cypien's Rights: Cypien may exercise the rights to Customer's Digital Assets under this Agreement without paying any contribution, royalty, or fee.
Cypien is not responsible for the content shared by Users through the Application. Users are solely responsible for their own posts and acknowledge that Cypien acts solely as an intermediary for the distribution and publication of such posts. Additionally, Users understand and agree that they may encounter inaccurate or inappropriate content on the service and that Cypien will not be responsible for such content. Cypien accepts no liability for any damages that users may claim.
CYPIEN DIGITAL ASSET
The “Cypien Digital Asset” and all Intellectual Property Rights attached thereto are owned by Cypien and its licensors (including other Users who submit content to the Application). Except as expressly provided in this Agreement, nothing contained herein will be construed as creating any license in such Intellectual Property Rights.
You, the User, agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Cypien Digital Asset. Use of the Cypien Digital Asset for purposes other than those expressly permitted in this Agreement is strictly prohibited.
“Cypien Digital Asset”, “Collected Statistics” and any other information, data or content obtained from tracking your use or access of the Application are owned by Cypien. However, this definition does not include “Customer Digital Asset”.
You agree to unconditionally and irrevocably assign to Cypien all right, title and interest, together with all related Intellectual Property Rights, including "Aggregated Statistics", in furtherance of the herein.
You may send feedback to Cypien upon request or upon our invitation. By submitting feedback, you agree that such action is voluntary, intentional, unrestricted, and that Cypien will not be subject to any liability or responsibility. You further agree that Cypien may use such feedback and disclose the feedback on a non-confidential or otherwise basis to anyone without charging you any extra fee.
You acknowledge that by accepting feedback, Cypien does not waive any right to use similar or related ideas previously known to Cypien, which may have been developed by Cypien employees or obtained from sources other than you.
If you or your employees, consultants or representatives submit or transmit feedback to Cypien, we may use that feedback without regard to any other obligations or restrictions between you and us.
All feedback will not be treated as confidential and will not be kept secret.
You agree that you hereby assign us any rights to submit feedback on your behalf and that we have the right to use any ideas, knowledge, concepts, techniques or other Intellectual Property Rights contained in the feedback for any purpose without attribution or compensation of any kind to you or any third party.
Acceptable Use Policy: You undertake to comply with Cypien's Acceptable Use Policy and all applicable laws, rules and regulations.
Account Usage: You are responsible and liable for all uses of the Application and Documentation provided by Cypien that result directly or indirectly from access provided by you. This use includes anything permitted or violated by this Agreement, and you are responsible for all acts and omissions.
Passwords and Access Information: You are responsible for keeping your passwords and access information associated with the application confidential. You may not sell or transfer this information to any other person or entity. You must notify us immediately of any unauthorized access to your passwords or credentials.
Third-Party Applications: The Application may provide access to Third-Party Applications. Under this Agreement, such Third-Party Applications are subject to their own terms of agreement. These terms and conditions are made available to you via a website link within the Application or otherwise. If you do not agree to the relevant terms of agreement of such Third-Party Applications, you should not install, access or use such Third-Party Applications. Cypien does not endorse such Third-Party Products and assumes no liability with respect to such Applications. If you access a Third-Party Application through the Application or share Customer Digital Asset through a third-party website or service, you do so at your own risk. You expressly relieve Cypien from any and all liability arising from your use of any Third-Party Applications.
FEE AND PAYMENT
The Application is for a fee, except for the Free Trial section. If you purchase the relevant packages in the Application through https://cypien.ai/tr/fiyatlandirma/ , you also agree to our Pricing and Payment Terms, which may be updated from time to time. Cypien may add new packages or change the fees and fee policies for the existing Application at its discretion. Any change to the Pricing and Payment Terms will be effective in the next billing cycle after such change is notified to you under this Agreement.
Return Policy: You may cancel your Customer Account at any time, however, there is no refund for cancellation. If Cypien suspends or terminates your Customer Account or this Agreement, you agree that you will not receive a refund or exchange for any unused portion of your subscription, any license or subscription fees paid for any portion of the Application, or any content or data associated with your Customer Account. The policies of Appstore and Google Play are reserved.
Free Trial: We or our third-party service providers may offer free trials of a particular Service. When your free trial ends or you start your paid subscription, and on each recurring billing date thereafter, the fee is automatically collected from your payment method subject to article 6.1. You will not receive a notification that your free trial has ended and your subscription payment is due. If you do not want your payment method to be charged, you must cancel your subscription on the last day of your free trial period. If you cancel your subscription during the free trial period, the cancellation will be effective immediately.
Automatic Subscription Fee Renewal: If you sign up for a subscription, subscription fees will automatically renew each month at the rate specified in your user account and/or payment page. This continues on an ongoing basis until you notify us that you want to cancel your subscription. You must make your cancellation notification on your settings page or by sending it in writing to firstname.lastname@example.org. Your notice will be effective in the month following the month in which you notify us. You understand that unless you cancel your subscription, the subscription and all related fees will automatically be renewed and you authorize us to collect any applicable subscription fees and any taxes via the appropriate payment method you have on your account without notice from you (unless required by applicable law).
From time to time, Cypien and Customer may disclose or make available Confidential Information to the other party. The receiving party will not disclose the disclosing party's Confidential Information to any person or entity other than its own employees who need the information to enable the receiving party to exercise its rights or perform its obligations under this Agreement and is committed to protecting such Confidential Information as required under this Agreement. However, both parties may disclose the information to the extent necessary (i) to comply with an order of a court or other governmental body or to comply with applicable law (provided that the disclosing party has first provided written notice to the other party and has made reasonable efforts to obtain a protective order), or (ii) to make limited disclosures of Confidential Information to establish its rights under this Agreement, including making necessary court filings. Both parties' non-disclosure obligations with respect to Confidential Information are valid for a period of five years from the date such Confidential Information was first disclosed to the receiving party; however, if any Confidential Information is considered a trade secret under applicable law (as determined under applicable law), non-disclosure obligations will survive termination or expiration of this Agreement so long as such Confidential Information remains under applicable legal protection.
Cypien is sensitive about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will not bypass our security measures or use your personal information for wrong purposes. You agree that you provide your personal information at your own risk.
The Application is provided on an "as is" and "as available" basis. Use of the Application is entirely at your own risk. To the fullest extent permitted by applicable law, the Application is provided without warranties of any kind, express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether verbal or written, obtained by you from Cypien or through the Application will create any warranty except as expressly stated herein. Without limiting the foregoing, Cypien, its affiliates and its licensors do not warrant that the content is accurate, reliable or accurate, that the application will meet your requirements, that the Application will be available at any time or location on an uninterrupted or secure basis, that any errors will be corrected, or that the Application is free of viruses or other harmful components. Any content obtained or downloaded as a result of the use of the Application is downloaded and used at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that may occur as a result of such download or use of the Application, unless specifically stated otherwise.
However, Cypien does not warrant, endorse, guarantee or accept liability for any product or service advertised or offered by a third party through the Application or any linked website or service, and Cypien will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Laws, regulations and other arrangements may impose certain limitations or guarantees in favor of the User. Such situations are outside the scope of this Agreement.
In case of its direct fault, the Customer will indemnify Cypien and its subsidiaries, business partners, licensors, managers and other affiliated companies, and their employees, contractors, business partners and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
Customer's improper use and access of the Application;
Customer's breach of any term of this Agreement, including Customer's breach of any of the above representations and warranties;
Customer’s breach of any third party rights, including any right of privacy or Intellectual Property Rights;
Customer's violation of any applicable law, rule or regulation;
Misleading, inaccurate or malicious content submitted via Customer's User Account;
Intentional misconduct by the Customer; or
Unauthorized access and use of the Application by Customer with a unique username, password or other appropriate security code.
LIMITATIONS OF LIABILITY:
To the fullest extent permitted by applicable law, in no event will Cypien be liable whether or not Cypien was advised of the possibility of such loss or damage or whether such loss or damage was foreseeable under this Agreement or under breach of agreement, tort (including negligence), strict liability or any other legal or regulatory rule. These liabilities include: (a) increased costs, depreciation or lost business, production, revenues or profits, (c) loss of reputation or goodwill, (c) unavailability, interruption, delay or recovery of data or breach of data or system security, d) cost of replacement goods or Application.
Under no circumstances will Cypien be liable for any damage or loss arising from unauthorized access or use of the Application or information in your Account.
To the fullest extent permitted by applicable law, Cypien accepts no responsibility or liability for: (I) errors, inaccuracies or omissions in the Content; (II) any personal loss or damage arising from your access or use of the Application; (III) any unauthorized access or use of our secure servers or any personal information stored therein; (IV) any interruption or cessation of any transmission to or from the Application; (V) any bugs, viruses, Trojan horses or the like transmitted to or through the Application by any third party; (VI) any errors or omissions in any content or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Application; and/or (VII) defamatory, offensive or illegal conduct of Customer's Digital Asset or any third party.
In the implementation or interpretation of this Agreement, in case of a dispute regarding the Application, Turkish Law will apply. Istanbul Courts and Execution Offices have jurisdiction to resolve any disputes that arise or may arise from this Agreement.
Entire Agreement/Separability. This Agreement, together with any modifications and any additional Agreements you and Cypien may enter into in connection with the Application, will constitute the entire Agreement between you and Cypien relating to the Application. Unless otherwise stated, if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, it will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. The invalidity, illegality or unenforceability of any provision herein will not affect the validity, legality or enforceability of any other provision herein.
Amendments. You acknowledge and agree that we have the right to unilaterally modify this Agreement from time to time and that the modified terms are effective upon their posting. We will notify you of important changes directly via email or a visible banner in the Application. It is your responsibility to review and stay informed about any such changes. Your continued use of the Application after the changes come into force will mean that you accept the modified terms. Cypien will provide at least 30 days' notice of any changes in service levels that Cypien reasonably anticipates may result in a significant reduction in quality or the Application.
Waiver. No waiver of any provision of this Agreement will constitute a waiver of any provision of the entire Agreement. Cypien's failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision. Our failure to act with respect to a breach of this Agreement by you or others will not constitute a waiver and will not limit our rights with respect to such breach or subsequent breaches.
Notifications. Unless otherwise stated in this Agreement, any notification to us must be made to our corporate headquarters in Istanbul, in person, via registered mail, registered letter with return receipt, and such notification is deemed valid when it reaches us. However, you acknowledge that our notice will only be via electronic communication. Cypien may give you notice, whether or not legally required, by email notice, written or printed notice, or by posting such notice on our website. Cypien reserves the right to determine the form and means of notification to our Users. Cypien is not responsible for any automatic filtering that you or your network provider may apply to email notifications we send to you. You agree that any notices, Agreements, disclosures or other communications that we send electronically satisfy any legal communications requirement that such communications be in writing. You must also send any notice electronically to email@example.com.
Assignment. This Agreement and the rights and licenses granted hereunder are personal to you and may not be assigned or transferred for any reason without our prior written consent, and any contrary action or conduct will be contrary to the foregoing and will be void and of no effect. We expressly reserve the right to assign this Agreement and to delegate any of our obligations hereunder.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.