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Membership Agreement

  1. PARTIES
    1. This Membership Agreement (“Membership Agreement”) is executed between the individuals who will become members through the Myth AI website (“Website”) (“Member(s)”) and Myth Yapay Zeka ve Tekstil Anonim Şirketi, a joint-stock company located at Reşitpaşa Mahallesi Katar Cad. İTÜ Arı 1 Teknokent Binası Apt. No: 2/5/19, Sarıyer/İstanbul, registered under MERSIS number 0627117225700001 (“Company”).
    2. In this Membership Agreement, the Company and the Member shall be referred to individually as a “Party” and jointly as the “Parties.”
  1. DEFINITIONS
    1. Cookie Policy: Refers to the text accessible on the Website, which contains information regarding cookies used for ensuring the functional operation of the Website, improving the Members’ Website experience, and providing content tailored to Members’ preferences and habits based on their visits to the Website.
    2. Website: Refers to the website owned by the Company under the domain name https://myth-ai.com/, as well as its mobile applications and mobile site.
    3. Product(s) and Service(s): Refers to all products and services, including but not limited to Myth AI, Myth Digi, and Myth Academie, provided by the Company to the Members through the Website.
    4. Information Notice on the Processing of Personal Data: Refers to the text accessible on the Website that informs Members about matters such as the purposes and methods by which personal data transmitted through the Website shall be processed by the Company.
    5. Member: Refers to the real person or legal entity who becomes a member of the Website under this Membership Agreement and uses the Products and Services provided by the Company, either free of charge or for a fee, in accordance with the credits granted by the Company.
    6. Member Account: Refers to the Member-specific page, accessible only through the username and password determined by the Member, where the Member can carry out the necessary transactions to use the Products and Services offered on the Website and input personal data and information requested by applications.
  1. SCOPE AND PURPOSE OF THE AGREEMENT
    1. This Membership Agreement governs the Member’s use of the Products and Services offered through the Website by becoming a member thereof.
    2. The purpose of the Membership Agreement is to set forth the conditions relating to the provision of Products and Services through the Website owned by the Company, the Member’s use and purchase of such Products and Services, and to determine the rights and obligations of the Parties accordingly.
    3. This Membership Agreement shall not be construed as a service or sale of goods agreement between the Parties; a separate distance sales agreement shall be executed for the sale of services.
  1. RIGHTS AND OBLIGATIONS OF THE PARTIES
    1. To obtain membership status, the Member must approve the Membership Agreement and fill in the information requested on the membership page accurately and up to date. The individual wishing to become a Member must be at least 18 years of age. The Member shall be solely responsible for any damages incurred by the Company due to providing inaccurate or outdated information.
    2. The Member shall update any information provided during the membership process through the Website as soon as such information changes.
    3. The Member agrees and declares that, in all transactions and communications conducted through the Website, he/she shall act in compliance with the provisions of this Membership Agreement, all conditions stated on the Website, applicable legislation, and moral principles, and refrain from actions that may harm or damage the reputation of the Company. The Member shall bear all legal and criminal liability regarding any actions carried out within the Website.
    4. The Company may share information belonging to the Member with the competent authorities in accordance with applicable legislation, provided that such sharing is carried out in compliance with the Personal Data Protection Law No. 6698, and the Member is informed in advance, and always subject to personal data transfer rules.
    5. The username and password required to access the Member Account and conduct transactions through the Website are created by the Member; the security and confidentiality of such information are solely the responsibility of the Member. The Member acknowledges, declares, and undertakes that all transactions executed through his/her username and password shall be deemed to have been carried out by the Member, that he/she shall be solely responsible for such transactions, and that he/she shall not raise any objections or defenses regarding unauthorized use.
    6. The Member agrees and undertakes to take all necessary measures, including using protective software and licensed products, to ensure that any information, content, material, or other data provided to the Website does not contain programs, viruses, software, unlicensed products, trojans, or any harmful components.
    7. The Member further agrees not to access the Member Account through robots or automated tools, and not to copy, modify, reuse, create derivative works, download, adapt, reverse engineer, attempt to replicate, transfer to another server, translate, compile, convert into source code, disassemble, publicly display, perform, transmit, distribute, or engage in any activity relating to the content provided by the Company or any portion thereof, without the Company’s prior written consent.
    8. The Member represents, warrants, and undertakes that all information and content provided on the Website are true, accurate, lawful, and not misleading. The Company is not responsible for verifying the accuracy of information or content transmitted, uploaded, modified, or provided by the Member on the Website.
    9. The Member acknowledges and declares that any notifications from the Company shall be sent to the communication details provided during registration, that he/she consents to such communication, and that he/she has been informed about the right to withdraw such consent at any time.
    10. 4.10.The Company may, at its sole discretion and without providing any reason, reject membership applications or subject their acceptance to additional terms and conditions. Such additional terms must be approved by the Member; otherwise, the Company may unilaterally cancel the membership process.
    11. 4.11.Certain information such as the name of the internet service provider used to access the Website, IP address, access date and time, the pages visited during access, and the website address enabling direct connection to the Website may be collected to detect and eliminate system issues, improve and enhance the system.
    12. 4.12.The Company takes reasonable measures within its capabilities to ensure that the Website is free from viruses and similar malicious software. However, the Member is responsible for providing and maintaining his/her own virus protection systems. By accessing the Website, the Member accepts responsibility for any errors and their direct or indirect consequences that may occur in his/her own software or operating systems.
    13. 4.13.The Website currently provides membership services for the use of Myth AI and Myth Digi. Passwords created for these services may be changed through the “My Account” panel under the Settings section. When Myth Academie services are purchased through the Website, the Company shall contact the purchaser separately regarding the training to be provided.
    14. 4.14.Myth AI and Myth Digi products are offered to Members on a monthly or annual subscription basis. Package contents and prices may be reviewed through the Member’s account or under the “Products” section of the Website.
    15. 4.15.Fees relating to the Products and Services are collected via credit or debit cards registered under the Member’s account. The Member accepts that the payment information provided belongs to a valid card owned by the Member and is accurate and up to date. The Member shall be responsible for any inability to access the Products and Services due to failed payments caused by the Member.
    16. 4.16.If a Member purchases a monthly or annual subscription to Products and Services, the Company shall notify the Member’s registered contact address prior to the expiration of the subscription. For real persons, the subscription shall terminate automatically unless the Member provides explicit consent for renewal. This termination does not result in the closure of the Member’s account but affects only the additional benefits associated with the purchased package. For legal entity Members, subscriptions shall automatically renew unless the legal entity performs an action to prevent renewal, and fees shall be collected through the payment method indicated in Article 4.15.
    17. 4.17.If a real or legal person Member wishes to renew a subscription or if a legal entity Member’s subscription renews automatically in accordance with Article 4.16, but the payment method is invalid, expired, or lacks sufficient funds, the Member’s access to Products and Services may be suspended until payment is successfully collected.
    18. 4.18.Products and Services may provide different membership experiences depending on their type. The Company may automatically assign free credits or rights to certain Products and Services while others may not include such rights. The Member accepts that he/she shall not request any credit or rights in cases where no such entitlement is automatically granted with membership.
    19. 4.19.The Member may cancel his/her membership at any time. In such case, the process may vary depending on whether the Member has made any payments through his/her account and whether the Member is a natural or legal person. Accordingly:
      1. Membership of natural and legal person Members who have a Member Account but have not purchased any Product or Service shall be terminated immediately upon cancellation.
      2. If natural person Members who have purchased Products and Services through their Member Account request cancellation of their membership, and if they have purchased any Product or Service on a monthly basis, their membership shall be terminated at the end of the month in which they submit their request.

If the Member has purchased Products and Services on an annual basis, in the event of membership cancellations within the relevant year, the refund amount shall be calculated by the Company by considering the period during which the Product or Service will no longer be used.

  1. In the event that legal person Members who have purchased Products and Services through their Member Account request cancellation of their membership, no refunds shall be made regardless of whether monthly or annual Products and Services have been purchased.

The provisions of Article 5 of this Agreement regarding termination shall be reserved.

  1. 4.20.Additional information and obligations relating to the purchased Product and Service, including refunds and other related details, shall be governed by the provisions of the distance sales agreement to be executed between the Member and the Company at the time of purchase.
  1. TERM AND TERMINATION OF THE AGREEMENT
    1. This Membership Agreement shall remain in force until the Member’s membership is terminated for any reason. Upon termination of membership for any reason, this Membership Agreement shall automatically become null and void.
    2. The Member may terminate this Membership Agreement unilaterally and without paying compensation at any time and without providing any reason, by deleting the Member Account. In such termination, the Parties shall fully perform their respective rights and obligations accrued until the date of termination.
    3. If the Company determines, or has reasonable suspicion, that the Member has violated any provision of this Membership Agreement, the Company may exercise any legal right, including suspending or terminating the membership.
  1. CONFIDENTIALITY AND PERSONAL DATA PROTECTION
    1. The Company attaches importance to the processing, security, and protection of the personal data provided by the Member through the Website in accordance with all applicable legislation, including the Personal Data Protection Law No. 6698. In this scope, the Company may collect, use, transfer, and otherwise process the personal data provided by the Member in accordance with the Information Notice on the Processing of Personal Data and the Cookie Policy available on the Website.

The Member acknowledges that he/she may review the Information Notice on the Processing of Personal Data on the Website at any time to obtain more detailed information about the processing of his/her personal data and his/her rights in this respect, and may exercise such rights by sending an e-mail to the Company or through other methods specified on the Website.

  1. The preservation of any physical and/or digital information, documents, photographs, drawings, or similar materials containing personal data belonging to the Member at the location where the Service is performed shall be under the Member’s responsibility. The Member accepts, declares, and undertakes that he/she shall bear all legal liability for any personal data-containing materials that may be present at the location where the Product and Service will be performed but fall outside the scope of the Service.
  2. Confidential information within the scope of this Membership Agreement includes, without limitation, all materials prepared by the Company, expert reports, offers, preliminary offers, trade secrets, projects, services, user profiles, network information, hardware, software information, codes, configurations, brands, brand names, know-how, business and marketing plans, financial and operational information, data and analyses, compilations, studies, summaries, documents and other similar materials.
  1. Each Party shall keep confidential information strictly confidential and protect such information with the highest degree of care.
  2. Unless expressly permitted in writing by the disclosing Party, the receiving Party shall not disclose confidential information, in whole or in part, directly or indirectly, to any third party, nor allow any such disclosure, and shall use its best efforts to ensure that no unauthorized person gains access to such confidential information unless expressly authorized by the disclosing Party.
  1. INTELLECTUAL PROPERTY RIGHTS
    1. The “myth.ai” trademark and logo, the design and software of the Website, domain name, and all related trademarks, designs, logos, trade dress, slogans, and all other content created by the Company belong exclusively to the Company. The Member may not use, share, distribute, display, reproduce, or create derivative works from the Company’s or its affiliates’ intellectual property rights without the Company’s prior consent.
    2. The Member accepts, declares, and undertakes that all written, audio, or visual content (“Content”) uploaded by the Member to the Website under this Membership Agreement shall be transferred to the Company on a perpetual basis, including economic rights under Articles 21 (“Adaptation”), 22 (“Reproduction”), 23 (“Distribution”), 24 (“Performance”), and 25 (“Communication to the Public by Means Enabling Transmission of Signs, Sounds and/or Images”) of the Law on Intellectual and Artistic Works No. 5846 (“FSEK”), as amended from time to time.

The Member also transfers to the Company the authority to exercise the moral right under Article 14 (“Right of Public Disclosure”) of the FSEK on an unlimited and perpetual basis.

These transfers are exclusive. For clarification purposes, this means that ownership and all intellectual property rights over the Content, including all developments, updates, upgrades, new versions, modifications, extensions, subsequent improvements, and enhancements, shall eternally belong to the Company. The Company shall have unlimited worldwide rights over the Content, in any form or medium, whether currently known or developed in the future, including commercial use.

  1. COMMERCIAL ELECTRONIC COMMUNICATIONS
    1. If the Member gives consent to receive commercial electronic communications, the Company may send commercial electronic communications for the purpose of promoting and marketing goods and services to the e-mail address or phone number registered on the Website, through calls or SMS. The Member shall ensure that the e-mail address and phone number registered on the Website are correct and up to date.
    2. The Member has the right to refuse or withdraw consent for commercial electronic communications. In this regard, the Member may withdraw consent through methods set forth in the applicable legislation, and the Company also enables the Member to change communication preferences through the Website to facilitate the exercise of this right.
  1. AMENDMENTS TO THE AGREEMENT
    1. The Company may, at its sole discretion and at any time, amend this Membership Agreement and any texts or policies published on the Website, including the Information Notice on the Processing of Personal Data and the Cookie Policy, provided that such amendments do not contradict applicable laws and do not adversely affect the Member.

The amended provisions shall become effective on the date they are published on the Website, while the remaining provisions shall remain in force.

For the avoidance of doubt, the Member may not unilaterally amend this Membership Agreement. If the Member does not accept the amendments made by the Company, the Member reserves the right to terminate this Membership Agreement.

  1. FORCE MAJEURE
    1. 10.1.In the event that riots, embargoes, government interventions, uprisings, invasions, wars, mobilizations, strikes, lockouts, labor actions or boycotts, worker–employer disputes, cyber-attacks, communication failures, infrastructure and internet outages, technical failures, system improvement or renewal works and resulting malfunctions, power outages, fires, explosions, storms, floods, earthquakes, migrations, pandemics or other natural disasters, or any other events beyond the Company’s reasonable control, not caused by its fault, and unable to be reasonably foreseen (“Force Majeure”) prevent or delay the Company’s performance of its obligations under this Membership Agreement, the Company shall not be held liable for such failure or delay, and such circumstances shall not be considered a breach of this Membership Agreement.
  1. MISCELLANEOUS PROVISIONS
    1. 11.1.Evidence Agreement: The Member accepts that in any dispute arising from this Membership Agreement, the Company’s official books and commercial records, e-archive records, electronic data, electronic correspondence, and computer records kept in the Company’s databases and servers shall constitute binding, conclusive, and exclusive evidence, and that this clause constitutes an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
    2. 11.2.Applicable Law and Jurisdiction: This Membership Agreement shall be governed exclusively by the laws of the Republic of Türkiye. Any disputes arising from or in connection with this Membership Agreement shall fall under the exclusive jurisdiction of İstanbul Central (Çağlayan) Courts and Enforcement Offices.
    3. 11.3.Notices: The Company shall communicate with the Member through the e-mail address or phone number provided during registration. The Member shall keep such information up to date.

Notices to the Company shall be made via the e-mail address, contact number, or physical address listed on the Website.

  1. 11.4.Assignment of the Membership Agreement: The Member may not assign or transfer any of his/her rights or obligations under this Membership Agreement, in whole or in part, without the Company’s prior written consent.

The Company, however, may assign or transfer its rights and/or obligations under this Membership Agreement, as well as ownership rights relating to the Company’s Services, to any third party without the Member’s prior consent and without prior notice to the Member.

  1. 11.5.Amendment and Waiver: Failure of either Party to exercise or enforce any right granted under this Membership Agreement shall not be construed as a waiver of such right, nor shall it prevent the later exercise or enforcement thereof.