User Terms and Conditions

AILA User Terms and Conditions

An artificial intelligence-supported life assistant service for individual use is provided, with technical measures in line with technological developments, on the website www.myai.la or in the AILA application accessible via mobile devices. AILA, which belongs to Humion Teknoloji Anonim Şirketi, is an interactive application that protects its members' personal data in line with security and privacy principles.

1. Opening a Membership Account and Creating a Profile

A natural person becomes a user ("User") by opening an account in their name ("Membership Account") in order to benefit from the features and services available in the AILA application. The User can access the services ("Services") under these terms and conditions to be concluded with AILA through the Membership Account opened in the application.

To create a Membership Account, you can enter your name, surname, a valid telephone number or e-mail address in the "Sign Up" section and set a password, or you can register quickly and directly through third-party applications. During registration, you are also required to complete the survey offered so that your user experience in AILA can be configured specifically for you."

By clicking the "Sign Up" button, registering or accessing, you conclude this legally binding User Terms and Conditions ("Agreement") with AILA and accept the Terms of Use. To activate the membership, AILA will send you an activation e-mail or SMS. After the e-mail address is activated, you can benefit from the application as a User.

The person accepting the Terms of Use undertakes that they are fully authorized to exercise the rights acquired and to fulfill the obligations undertaken within this scope.

The User cannot allow others to use or transfer the membership rights based on these Terms of Use. If AILA detects uses or transfers in breach of this article, it may suspend the Membership Account and terminate the Agreement, without prejudice to its rights arising from law.

2. Provisions Regarding the Use of the AILA Application

The User may reset and change their AILA membership password at any time via their registered e-mail.

The User can manage their username, e-mails and communication preferences from the "settings" screen or by sending a request e-mail to info@myai.la. The User accepts in advance that, if they make changes, the latest updates will be seen in the application and that the form of communication will be changed according to their preference.

While benefiting from the services in AILA, the User can continue to use the service through the tokens provided by AILA, purchase tokens, view content included in the application as a result of integration with other mobile applications, make reservations with AILA at restaurants, valet, courier and/or accommodation facilities, and view personalized experiences and content tailored to their preferences. AILA may partially or fully restrict, suspend or remove this viewing authority in the presence of justified reasons, such as the security of the platform being endangered, technical infrastructure updates, changes in legislation, changes in the service provision conditions of third-party partners, or the detection of an act of the User in breach of this Agreement, and provided that the User is informed within a reasonable time in advance. In exceptional situations requiring urgent intervention, such as security breaches or cyber threats, AILA reserves the right to take preventive measures immediately without prior notice.

Limitation of Liability for Third-Party Services: AILA is only an intermediary service provider / platform with respect to services such as integrations, reservations, valet, courier or accommodation included within the application. The actual performance, quality, safety, legal compliance and legal obligations of such services belong entirely to the relevant third-party independent service providers, ticketing platforms, operational partners and relevant businesses. AILA cannot be held legally or criminally liable for defects, delays or cancellations in the services offered by these third parties, for failure to fulfill commitments, or for any direct or indirect damage that may be caused to the user during or as a result of the performance or non-performance of these services. The User accepts, declares and undertakes that they will direct all rights, claims, objections and complaints regarding such services directly to the relevant third-party service provider.

3. Protection and Security of the Membership Account

The User is responsible for ensuring the confidentiality and security of the password of their own Membership Account. In this context, the User accepts:

1. That AILA has no obligation to investigate the identity of persons carrying out transactions using a username/password,

2. To use a strong password and keep their password confidential; and to take all measures required by technology to protect them (including, but not limited to, anti-spam, anti-virus, firewall, etc.),

3. To take all measures required by technology so that any information, content and material they publish in AILA or transmit to AILA does not contain viruses, spyware, malicious software, trojans or similar elements that would harm AILA,

4. Not to circumvent, alter, remove, disable, degrade or impair any of the content protections established for AILA,

5. That, if the password/username is obtained through their own breach, negligence or fault and the Membership Account and/or the Services are used by third parties, all responsibility belongs to them,

6. To ensure that their employees authorized to use the application under this Agreement act in compliance with all the rules listed in this article,

7. Not to give the password, username or any part of the Membership Account to other persons and organizations, except where required for the performance of the services and/or by law;

8. That, in the event of improper use by unauthorized third parties with their password under this Agreement, they will take all measures, including closing the Membership Account, to prevent such use and/or will notify AILA immediately upon becoming aware of it.

Except where the username/password is obtained by third parties without the User's breach, negligence or fault, the User is personally and exclusively responsible for all actions they carry out in AILA through the Membership Account, and all legal and criminal responsibility regarding the use of AILA belongs to them.

4. Use of the AILA Application and Content to Be Shared:

The User accepts that, upon the conclusion of the Agreement, they will comply strictly with the following terms and conditions, and that they are obliged to comply with the rules of morality and good faith while using AILA and/or performing their obligations under the Agreement.

1. To use the Membership Account and the Services in accordance with the legislation in force, this Agreement and its annexes,

2. That all information they share in the Membership Account and in AILA, all content they upload to AILA and all information they notify to AILA while using the Services (including personal data) is current and accurate; to verify this information if requested by AILA; that, if they share information about their family and relatives, this information has been obtained lawfully from their family and relatives; and that, if it is obtained unlawfully and a data breach occurs at AILA, and their family and relatives suffer damage, they will be personally responsible for the damage,

3. That they will not in any way provide false or misleading information in the content they share when becoming a member or updating their membership,

4. That they will not violate the personality rights and fundamental rights and freedoms of other members or third parties while using AILA, will not use another person's personal information as their own, and in this context will not violate the personality rights and fundamental rights and freedoms of other members or third parties while using AILA,

5. That they will not share content or make statements through the Membership Account that include threats, insults, profanity, harassment or slander that may be considered crimes under the Turkish Penal Code No. 5237, or that are defamatory, pornographic or disruptive of public order, or that encourage and support unlawful and criminal acts or organizations,

6. That they are themselves responsible for the obligations under Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications, with respect to the voice information they provide to AILA through the Membership Account and the content they integrate through other mobile applications,

7. That they will not make shares and statements through the Membership Account that would violate the intellectual property rights of AILA, Members or third parties, such as trademarks, copyrights, patents and trade secrets, cause material and/or moral damage, and/or constitute unfair competition,

8. That they will not include in AILA and/or in their own and/or a prospective member's profile the personal data of unrelated third parties (especially special categories of personal data), and will not violate confidentiality agreements between themselves and any legal or natural person,

9. That they will not process the personal data of third parties obtained through the Application and/or the Services in violation of the laws,

10. That they will not send, through the Membership Account, anything containing information, software viruses, worms or other harmful code that would damage the systems, personal information, devices and data therein of AILA, other users and/or third parties,

11. Not to convert any software or other products and processes accessible from AILA into source code, reverse engineer or disassemble them; not to place any code or product in AILA; and not to use any data mining, data gathering or extraction method,

12. That they will not access the existing code and data of AILA and all data in AILA, including the Personal Information of other members held in AILA's database, by using methods such as "robots", "bugs", "page scraping", "crawler browser extensions", "devices", "scripts" or "hijacking another member's password (password hacking)", and will not copy them in any way or share them with third parties,

13. That they will not attempt to disrupt the operation of AILA, including invalidating any security feature or preventing access control/access, placing disproportionate load on AILA (e.g., spam, denial-of-service attack, virus, gaming algorithms) or circumventing or disabling Service usage limits,

14. That they will not carry out any actions or interventions that would harm AILA's connection, operation, devices and components or database, and will not attempt to access the servers where data is held,

15. That they will not monitor the availability, performance or functionality of the Services for competitive purposes,

16. That they cannot copy, modify or share all or any part of the content and data in AILA, will not process them for any purpose (other than those specified in this Agreement), and will not market, lease, sell them to third parties or make them available for access/use by third parties in any way, for example; ((i) copying or distributing the materials in AILA, or (ii) copying or distributing our technology unless published subject to open-source licenses, (iii) copying profiles and other data from the Services,

17. That they will not engage in "framing", "mirroring" or otherwise imitating the appearance or function of the Services, or closing or otherwise modifying the Services or their appearance (for example; (adding an element to the Services or removing, closing or blocking an advertisement in the Services).

If a justified suspicion arises, or a violation is determined, that the User has breached their obligations under this Agreement, the Company may, taking into account the nature and severity of the violation in accordance with the principle of proportionality, apply the following processes:
Warning and Granting Time: If the violation can be remedied, it may issue a written warning to the User via the registered e-mail address, granting a reasonable period to remedy the violation.
Temporary Suspension: It may temporarily restrict the User's access to the Services until the review process is completed or the violation is remedied.
Termination for Just Cause: Where the violation constitutes gross fault (an attack on system security, content constituting a crime, intellectual property infringement, etc.) or the violation is not remedied despite the period granted, it may terminate the Agreement immediately and without compensation.
The restriction or termination decision applied is notified without delay to the User's registered e-mail address together with the concrete grounds on which it is based.
The User accepts that, if AILA and/or third parties face any legal, administrative or criminal sanction or lawsuit due to the User's breach of the above conditions, the User will be the sole counterparty.

The User accepts, declares and undertakes that, for these reasons, they will compensate all negative and positive damages of AILA (including amounts that AILA has to pay to third parties) in cash and in a lump sum, immediately upon AILA's first written request, without the need for any notice or warning.

5. Protection of Personal Data
In order to perform the Services, AILA may obtain, process and share users' data. You can access the purposes for which and how your personal data is collected, processed and shared in the Personal Data Protection Policy and the Privacy Notice**.** By reading the Privacy Notice when this Agreement is concluded and ticking the Explicit Consent box for mandatory situations, the User accepts that the personal data they have shared of their own free will will be processed by the methods specified.

Users also obtain personal data within the scope of the performance of the services in AILA. If data is obtained in any way, including as described above, the User is also obliged to use this data in accordance with the Law on the Protection of Personal Data and the relevant legislation, and only limited to fulfilling the service purposes. Otherwise, AILA, without prejudice to all its rights arising from the agreement and laws, may recourse to the User the damage it suffers due to your violation.

6. Confidentiality

The User accepts to protect, with complete confidentiality, the information they obtain about one another during their use of AILA, the services, and any written and verbal information they will obtain within the scope of the performance of the services, including but not limited to trade secrets not known to the public and/or not possible to be known, statistical information, customer information, candidate information, test, evaluation and analysis information, information on companies wishing to employ personnel, the AILA database, design, business techniques, information on the officials, shareholders and senior executives of companies wishing to employ personnel, and expertise information ("Confidential Information") arising from the services and the performance of the services. The data will not be disclosed to any party in any way, except where there is a court decision or administrative order issued by competent authorities, or where disclosure is mandatory for the performance of the services. The User accepts, declares and undertakes not to reproduce or copy the data without obtaining the prior written consent of the other Party and not to use it in any way outside the purpose of the service benefited from. In this case, the User's making use of the data, or contacting a party, by bypassing AILA and/or for any purpose other than fulfilling the service purposes offered by AILA constitutes a breach of confidentiality.

7. Other Content, Sites and Applications
While browsing AILA and/or through the pages in AILA and/or through advertisements, the User will be able to access services and products belonging to third parties that are advertised or recommended (for example: third-party services and products promoted or recommended through banners or another advertising method in AILA), other websites or portals (social media channels, etc.), content and links.

The User accepts and declares that AILA has no legal or criminal liability whatsoever regarding such products and services belonging to third parties, portals, websites and services accessed through links, and their content.

The User accepts that AILA is not a party within the scope of the performance of the above-mentioned services and has no liability towards the User for controlling transactions relating to the services and products of third parties.
AILA does not guarantee the accuracy of the content and information of other persons (other members, site users and visitors, persons making shares) and is not responsible for verifying their accuracy.

8. Intellectual and Industrial Property Rights

All financial, moral and commercial rights in AILA, including all visuals, designs, graphics, AILA's source codes, software and database, belong to AILA.

AILA grants users a non-exclusive, non-transferable right of use, limited to the term of the Agreement, within the scope of their membership status.

The User accepts that the commercial and brand value of the database they will access under this Agreement is high and that they will benefit from the database only limited to the subject of the Agreement to which they are subject.

Prohibition of Misuse of the Database and System

• The User cannot use, copy, reproduce, leak to third parties, open to access or process for commercial purposes the database owned by AILA or compiled by AILA (including, but not limited to, venue, event, user, preference and service data) outside the purpose of this Agreement. AILA's database is, by its structure and content, under legal protection within the scope of Law No. 5846 on Intellectual and Artistic Works (FSEK).
• The User cannot abuse AILA's systems, source codes and services through cheating, manipulation, automated data extraction (scraping / data mining), reverse engineering, conversion into source code or similar software/technical methods, and cannot endanger system security.
• If an act of the User in breach of the provisions of this article or the relevant legislation is detected, AILA has the right to (i) immediately suspend or permanently close the User's account without any prior notice, (ii) claim compensation for all direct and indirect damages suffered due to the breach of system security, (iii) resort to legal and criminal remedies before the relevant judicial and administrative authorities. All other rights of AILA arising from the Agreement and the legislation are reserved.

9. Provision of the Services "As Is" and No Commitment to Guarantee Results

AILA grants the right to use the application (together with content and information) "As Is". The commitment that AILA will be uninterrupted or error-free (for example, that it is compatible with all devices or web browsers and their versions) does not constitute a guarantee that it will work without interruption.

The User accepts, declares and undertakes, with this Agreement, that in order to benefit from the services in AILA, their computer and/or other device used, internet service and technical equipment meet the required minimum criteria; that AILA has no responsibility in the event they cannot benefit from the services due to a computer and/or other device and technical equipment that does not comply with these criteria; and that they will therefore not claim compensation or make any other claim from AILA under any name.

The User accepts that AILA may, at any time during the use period of AILA (due to technical problems, developments, planned maintenance and inspection, repairs, etc. in AILA's infrastructure and systems), temporarily suspend or completely stop the operation of the systems and the provision of the services subject to the Agreement.

AILA does not give any commitment that a specific commercial result or goal will be achieved through the use of the application and the Services. In this context, the User accepts that AILA has no responsibility for loss of business, loss of profit or loss of data due to the use of the Services, and that they cannot make any claim for compensation from AILA under any name.

Limitation of Liability Regarding Artificial Intelligence Content and Service Processes

• All content, responses and recommendations produced or offered by AILA are generated dynamically by artificial intelligence-based algorithms. Due to the nature of the technology, the absolute accuracy, completeness, uninterruptedness or currency of this content is not guaranteed by the Company. The User is personally responsible for any decisions they make, actions they take and their consequences based on the content and guidance produced by AILA.
• No content, output or assistant activity provided by AILA constitutes medical, legal, financial, health, safety or any professional advice or official recommendation. In particular, in AILA's guidance on food allergens, dietary restrictions, chronic conditions and health conditions, the User is obliged to confirm directly with the relevant actual service provider (restaurant, cafe, manufacturer, etc.) or authorized experts. The Company cannot be held liable for health problems or damages arising from actions carried out without confirmation.
• In transactions carried out through the system integrations of third-party service providers (creating reservations, ticketing, calling transportation/valet, orders, sending gifts, etc.), AILA is only an intermediary platform. Before approving the relevant transaction, the User is obliged to check all the information displayed on the screen (date, time, location, price, number of persons, address, etc.) and to make sure of its accuracy. Such transactions are completed exclusively with the User's final approval and will, and the User is personally responsible for operational errors or cancellations that may occur after approval.
• The independent service provider business directly concerned is responsible for the accuracy, currency and content of content listed within the application and drawn from third-party sources (event calendars, venue information, menus, current price lists, etc.).
• The limitations of liability and exemptions in this article do not cover the Company's legal liabilities that may arise from its intent or gross negligence, pursuant to the mandatory provisions of the Turkish Code of Obligations.

10. AILA Social, Friendship and Community Features

10.1. Scope of Social Features and Matching by Code:

AILA provides the "aila Social" features that offer Users the ability to add one another, make joint plans and take part in community events through unique access codes (friendship codes). By sharing their private friendship code with another user or by entering the relevant code into the system, the User accepts that they establish a friendship relationship and that, in this context, their profile information (username, profile picture), interests, favorite venues, calendar/time availability data and real-time/last known location information may be viewed by the friends they have added.

10.2. Community Events and Participant Visibility:

The User who takes part in community events organized or recommended within AILA accepts and declares that their profile picture and username may be viewed by the other participants of the event they attend, within the scope of the "Event Participant List".

10.3. Disclaimer for Messaging/Communication:

The AILA Social module may offer messaging, chat or communication infrastructures in order to facilitate Users' in-platform interaction, and reserves the right to restrict/change these features in whole or in part. Users themselves are exclusively responsible for all written, audio or visual communication they establish with one another through the AILA platform, outside the platform or by meeting in physical environments, for the content they share, their behavior, personal/financial/criminal disputes between them, and any damages that may arise. AILA is not a party to, supervisor of or guarantor of communication between Users; and does not accept any legal or criminal liability for content under Law No. 5651 and the relevant legislation.

11. Right of Withdrawal

11.1. A User with consumer status has, in accordance with the legislation, the right to withdraw from this Agreement within 14 (fourteen) days from the date on which the Agreement is concluded, without giving any reason and without paying any penalty. The notice that the right of withdrawal is being exercised must be clearly directed to AILA's info@myai.la e-mail address in writing or through the in-app support panel within this 14-day period.

11.2. Exceptions to the Right of Withdrawal (Digital Content and Token System): Pursuant to Article 15, paragraph 1, subparagraph (g) of the Distance Contracts Regulation; the right of withdrawal cannot be exercised in contracts for services whose performance has started with the User's explicit consent before the expiry of the 14-day withdrawal period, for services performed instantly in the electronic environment, and for intangible goods delivered instantly to the User.

11.3. In this context, the User accepts, declares and undertakes that the digital content, artificial intelligence assistant outputs or "tokens", which are the in-app unit of use, purchased within the AILA application are credited to their account instantly with their own approval; that they have been clearly informed before registration/purchase that they will lose the right of withdrawal upon the instant delivery of the digital content or the commencement of the performance of the service; and that they have given explicit consent/approval electronically to this; and therefore that the right of withdrawal does not exist for these instantly delivered transactions.

12. Changes and Entry into Force
Provided that it does not disrupt the Service, AILA may make changes in AILA, release new versions, releases or extended forms, add new features, or change or remove existing features at any time.

AILA also has the authority to make unilateral changes to this User Terms and Conditions. If the Terms of Use are updated, the terms of use will enter into force on the date of publication on the site.

13. Jurisdiction
In disputes arising from this Agreement, the Consumer Arbitration Committees, within the limits announced by the Ministry of Industry and Technology, and the Istanbul (Çağlayan) Courts and Enforcement Offices are competent.