Public Offer to Use the "Mental Mentor" Application

IstanbulLicense Agreement OfferDate: October 17, 2024

Agora International Agency IT Services Limited Company, located at Osmanağa Mah., General Asım Gündüz Caddesi, Bahariye Apt. No:15, iç kapı No:2, Kadıköy, Istanbul, Turkey, with Tax/Company Number 0091660681 (referred to as the "Licensor"), issues this public License Agreement Offer (the "Offer").

This document constitutes a public offer directed to all individuals, representing an official invitation from the Licensor to enter into a licensing agreement. By agreeing to the conditions outlined herein, you are granted the legal right to use the application owned by the Licensor under a simple (non-exclusive) license (hereafter referred to as "the Agreement").

The Agreement is deemed binding and comes into force the moment the individual completes the specific actions outlined in this Offer. By doing so, the individual provides unequivocal consent to all stipulations and obligations contained within.

Please read the terms of this Agreement carefully before using the Application. By using the Application, you fully and unconditionally accept the terms of this Agreement. If you do not agree to all the terms, you are not permitted to use the Application for any purpose.

1. Terms Used in this Agreement

1.1. Licensor: Agora International Agency IT Services Limited Company, located at Osmanağa Mah. General Asım Gündüz Caddesi, Bahariye Apt. No:15, İç Kapı No:2, Kadıköy, Istanbul, Turkey. Tax/Company Number: 0091660681. The Licensor holds the legal rights to the Application.

1.2. Licensee: An individual who possesses the necessary legal capacity and rights to enter into this Agreement. The Licensee is entitled to use the Application as specified herein and is recognized as a Party to this Agreement.

1.3. Application ("Mental Mentor"): This is the software created and managed by the Licensor, specifically designed for devices operating on Windows systems. The Application enables the Licensee to access and listen to affirmations. The Licensor maintains sole authority over the Application, ensuring its operational integrity and providing access to users.The Licensee utilizes the Application online, requiring an internet connection. The Licensor retains all rights associated with the Application and its components, both individually and in their entirety. The terms governing the use of the Application, along with other relevant regulations, are detailed within this Agreement, which encompasses all keyconditions of the licensing arrangement for utilizing the Application.

2. General Provisions

2.1. This Agreement is a public contract of adhesion and is formed when an individual accepts the terms and conditions outlined in this Offer.

2.2. Acceptance of this Offer occurs when an individual installs (downloads) the Application onto a device. These actions signify full and unconditional agreement to the terms of this Agreement.

2.3. This Offer details the terms governing the usage of the Application and is readily available to the public on the Licensor's official site: https://mentormental.com/.

3. Agreement Subject Matter

3.1. The Licensor confers upon the Licensee a right to utilize the Application either at no cost or, in certain instances, for a fee, under a straightforward (non-exclusive) license as specified within this Agreement.

3.2. The Licensee is permitted to utilize the Application in the following manners:

3.2.1. Execute essential functions required for the Application"s operation, which includes the recording and storage ofdata on a device in accordance with its intended purpose.

3.2.2. Examine, analyze, or test the capabilities of the Application by carrying out the actions delineated in section 3.2.1.

3.3. The usage rights granted under section 3.1 remain in effect for the duration of this Agreement and cannot be assigned, wholly or partially, to any third party by the Licensee.

3.4. The Licensee does not receive any usage rights concerning the Application that are not explicitly mentioned in this Agreement.

3.5. The usage rights specified in section 3.1 are conferred upon the Licensee upon the successful installation (download) of the Application on their device.

3.6. By installing the Application, the Licensee submits personal information, including their name, residential city, and date of birth, thereby granting consent for the Licensor to process this data in line with the terms of this Agreement.

3.7. The usage rights as described in section 3.1 also encompass all subsequent updates and new versions of the Application, effective from the moment the Licensee installs these updates or new versions on their device.

4. Rights and Responsibilities of the Parties

4.1. Rights of the Licensee

4.1.1. The Licensee is entitled to enter into this Agreement by executing the actions outlined in section 2.2, thereby affirming that they possess the legal capacity to understand the Agreement and its implications, are mentally competent to safeguard their rights and obligations, and do not have any conditions that impede their ability to comprehend the Agreement fully.

4.1.2. The Licensee may utilize the Application during the trial period specifically for listening to affirmations.

4.1.3. The Licensee has the option to acquire a paid subscription from the range of plans offered.

4.1.4. The Licensee can reach out to the Licensor at the email address [email protected] to address inquiries regarding the usage or inability to utilize the Application.

4.2. Obligations of the Licensee

4.2.1. The Licensee must cease all usage of the Application upon the termination of this Agreement.

4.2.2. The Licensee shall not engage in any modification, decompilation, or decryption of the Application, nor undertake any actions aimed at extracting information regarding the underlying algorithms of the Application.

4.2.3. The Licensee is prohibited from developing any derivative works based on the Application or altering it in any manner.

4.2.4. The Licensee shall not reproduce or disseminate the Application for commercial gain, including integrating it into software collections.

4.2.5. The Licensee is forbidden from extracting, copying, reproducing, processing, or distributing any information contained within the Application, as well as sharing such information on the internet or through mass media outlets.

4.2.6. The Licensee is obliged to respect the intellectual property rights of third parties when using the Application.

4.2.7. The Licensee must not upload, store, publish, distribute, or grant access to any information within the Application that:

- Endangers Minors: Violates or infringes upon the rights of individuals under the age of eighteen.

- Contains Inappropriate Material: Is vulgar, obscene, or features any form of pornographic content.

- Displays Violence: Portrays acts of violence or inhumane treatment towards animals.

- Encourages Self-Harm: Describes methods of suicide or promotes any incitement to engage in such acts.

- Promotes Hatred: Advocates for racial, religious, or ethnic discrimination or enmity or endorses fascism or notions of racial superiority.

- Includes Extremist Content: Contains materials that are classified as extremist.

- Incites Criminal Activity: Encourages illegal actions or provides guidance, advice, or instructions for perpetrating criminal acts.

- Promotes Drug Use: Advertises or endorses the use of drugs, including digital substances like "digital drugs" (such as binaural beats), or provides guidance related to drug distribution or production.

- Engages in Fraud: Involves fraudulent activities or misleading information.

- Violates Legal Rights: Contravenes any other rights or interests of individuals or entities or fails to comply with the applicable laws of the Republic of Turkey.

4.2.8. The Licensee must stay informed and familiar with the terms and conditions of this Offer.

4.2.9. The Licensee must independently monitor changes and additions made by the Licensor to the Offer, in accordance with paragraph 4.3.1 of this Offer.

4.2.10. The Licensee shall bear complete responsibility, as dictated by relevant laws, for any information that theyupload or publish within the Application. This includes ensuring that all content adheres to applicable legal standards and does not infringe upon the rights of third parties or violate any laws or regulations.

4.3. Licensor's Rights:

4.3.1. Right to Modify Offer: The Licensor reserves the unilateral right to modify or supplement the terms of this Offer at any time. These changes may be implemented without prior notice, and it is the responsibility of the Licensee to review the Offer regularly for any updates or alterations.

4.3.2. To unilaterally refuse to fulfill the obligations of this Agreement, fully or partially, by blocking or deleting the Licensee's account if the Licensee violates the terms of the Agreement.

4.3.3. If the Licensee's illegal actions violate the Licensor's exclusive rights to the Application, the Licensor may seek legal protection of its rights in accordance with the laws of the Republic of Turkey.

4.3.4. At any time, the Licensor may make changes to the Application, including modifications, termination of development, or discontinuation of technical support. The Application's functionality may be fully or partially limited during preventive or technical maintenance.

4.3.5. Right to Remove Content: The Licensor retains the authority to remove any content submitted by the Licensee if it is found to be in violation of clauses 4.2.6 or 4.2.7 of this Agreement. Such action may be taken without prior notice, ensuring compliance with the standards set forth in this Agreement.

4.3.6. Right to Terminate Agreement: The Licensor is entitled to terminate this Agreement, either in whole or in part, by suspending or deleting the Licensee's account if any violations of the Agreement’s terms are identified. This action aims to maintain the integrity of the Application and enforce adherence to the established guidelines.

4.4. Licensor's Obligations:

4.4.1. Notification of Changes: The Licensor is obligated to inform the Licensee about any modifications or additions to the Offer, or its termination, at least seven (7) calendar days prior to the effective date of such changes or termination.This notification will be made available on the Licensor's official website, which will include either the updated version of the Offer or an announcement regarding its termination.

5. Compensation Structure

5.1. Free Access: The Application can be accessed and downloaded at no cost from the official website.

5.2. Availability of Free Content: Upon successful installation, the Licensee will enjoy unrestricted access to the free content provided within the Application.

5.3. Subscription Pricing: The fees associated with premium subscriptions will vary depending on the duration of the subscription selected by the Licensee.

5.4. Subscription Cancellation Policy: The Licensee retains the right to cancel their subscription at any time. Access to subscription content will continue until the conclusion of the current billing cycle, after which the subscription will automatically terminate.

5.5. Fee Adjustments: The Licensor reserves the right to modify subscription fees at any point, in accordance with the provisions outlined in paragraph 4.3.1 of this Offer.

6. Handling of Personal Information of the Licensee

6.1. The Licensee voluntarily provides personal data to third parties, including the Licensor's partners, during registration in the Application and while using the Application.

6.2. The Licensor does not collect or store any information that the Licensee transmits to the third parties mentioned in paragraph 6.1.

6.3. The Licensor does not verify the Licensee's legal capacity or the accuracy of the personal data provided by the Licensee.

7. Responsibility

7.1. The Licensor does not guarantee that the Application will operate without errors or interruptions.

7.2. The Application is supplied on an "as is" basis, meaning that the Licensor does not guarantee that the Applicationwill operate without errors or interruptions, nor does it assure that the Application or any of its components will meet the particular requirements of the Licensee. All warranties, except those explicitly articulated within this Agreement, are expressly disclaimed.

7.3. To the maximum extent permitted by law, neither the Licensor nor its partners are liable for any direct or indirect consequences arising from the use or inability to use the Application. This includes any damages incurred by the Licensee or third parties due to errors or malfunctions.

7.4. The Licensor bears no responsibility for any repercussions stemming from the Licensee's use of, or inability to use, the Application. This includes any liability related to the sharing and utilization of the Licensee's personal data by external parties, as well as any damages incurred as a consequence of such usage or lack thereof.

7.5. All inquiries, complaints, or claims concerning the usage or non-usage of the Application, along with any potential breaches of legal statutes or infringements on third-party rights that may arise from its utilization, must be directed to [email protected].

8. Force Majeure Clause

8.1. Neither the Licensor nor the Licensee shall be held liable for any total or partial failure to meet their obligations under this Agreement if such failure is caused by force majeure events. These events include, but are not limited to, unforeseen occurrences such as natural disasters, armed conflicts, changes in regulations enacted by governmental bodies, and other events that are beyond the reasonable control of either party.

9. Duration and Termination of the Agreement

9.1. This Agreement shall take effect upon the Licensee's completion of the actions specified in section 2.2 and shallremain valid until terminated in accordance with the applicable laws of the Republic of Turkey.

9.2. The Licensee retains the right to unilaterally terminate this Agreement by removing the Application from their device.

9.3. The Licensor reserves the right to unilaterally terminate this Agreement, either wholly or partially, in instances where the Licensee has granted third-party access rights, or in other situations explicitly detailed within this Offer or under Turkish legislation.

10. Final Provisions

10.1. The Licensor holds the right to modify this Agreement without prior notification. Any amendments will become effective the day following their publication at https://mentormental.com. It is the Licensee's responsibility to monitor for any updates. Neglecting to review the Agreement or its modifications will not excuse the Licensee from fulfilling their obligations or complying with the stipulated restrictions.

10.2. Should any provision of this Agreement be declared invalid by a competent court, all remaining provisions shall continue to be effective. The Parties will endeavor to fulfill their obligations as closely as possible to the original intent of the Agreement.

10.3. The laws of the Republic of Turkey govern this Agreement and the relations between the Parties in connection with it.

10.4. The procedures and conditions regarding the acceptance of this Agreement as a public offer are regulated by Turkish law.

10.5. Any disputes arising from this Agreement shall be settled in accordance with the current legal framework of the Republic of Turkey.

11. Additional Provisions

To utilize certain premium features of the Mental Mentor Application, you may opt to join the Bright Data network. By doing so, you affirm that you have reviewed and accepted the Terms of Service for the Bright SDK SLA, available at: https://brightdata.com/legal/sdk-sla. You may withdraw from the Bright Data network at any time by deselecting the option "Get full access to application functionality and share device resources" in the settings menu.

Information regarding licenses for third-party software can be found at: https://doc.qt.io/qt-5/lgpl.html.