Term of Use
Cosmy is an all-round healthy living ecosystem. For every goal you set for yourself, we are with you, on different platforms, in different places and in different forms. For us, being Cosmy means more than just being together. It’s about sharing the same mindset and passion and being fed by the same motivation. So whether you are a challenger who’s always about to roar, or a calm mind who just wants to keep things balanced, we feel you. We aren’t here to tell you what to do or not do. We believe that feeling good is not the destination but the journey itself. We are here to walk this road with you and assist you whenever you need. Please read the terms and conditions below (the “Terms“ or “T&C”) carefully. Your access to and use of the Cosmy website at www.cosmyapp.com (the “Website”) and the Cosmy mobile application (the “App” or “Cosmy App”) is conditional on your agreement to the Terms. If you have any questions or concerns about the Terms, please don’t hesitate to contact us via [email protected]. These Terms are executed by and between the natural and/or legal person (“Member” or “You”) accessing or using the Website or the Cosmy App and Cosmy Yazılım, Teknoloji ve Ticaret Anonim Şirketi (the “Company” or “us” or “we”) registered at the address Esentepe Mah. Talat Paşa Cad. No: 5/1 Sisli, Istanbul, Turkey. Please remember that by accessing or using the Website or the App, you also accept and acknowledge our Privacy Policy, which explains how we collect, use, and sometimes share your personal information with third parties when necessary. Our Privacy Policy also explains the many ways you can control your information and your rights according to applicable Data Protection Laws.
1. What Do We Do?
We provide our Members with workout plans and also recommendations and advisory information on exercises and training (the “Services”). The information and content we provide has a general advisory and informative nature, where we cannot be held liable for our Services or the content or any recommendation or information we provide through the Website or the App.
2. Who Can Use Our Services?
2.1.
Our Services are intended for private and personal use only. If you wish to benefit from our Services for commercial purposes, you may always contact us via [email protected]. If we determine, at our sole discretion, that the Application or the Website has been used outside of private and personal purposes, we may cease, suspend or permanently terminate the membership of such a Member. You agree to this and you also agree not to demand any compensation under any name if such consequences occur.
2.2.
You must be at least 13 years old to use our Services. Having said that, our Services are not intended for use by or targeted at anyone under the age of 18. Therefore, Members who are not older than 18 or the legal age in their jurisdiction must (i) have their parent or legal guardian review the Terms and agree with them and (ii) use our services under the supervision of their parent or legal guardian. If you are a parent or legal guardian agreeing to the Terms for a Member who needs their parent’s or legal guardian’s approval within the context of this provision, then you agree to and accept full responsibility for that Member’s use of our Services.
2.3.
Our Services are intended for use only by Members who are in good health condition to perform strenuous exercises and who follow suitable nutritional plans. It is possible that you may have a
health condition you are not aware of. Therefore, we encourage all of our Members to seek medical consultation prior to using our Services, and not to disregard professional advice as a result of our advice or Services. Furthermore, without prejudice to the above, our Services can only be used by those who represent and guarantee that the following statements are true:
- you have never been informed by a physician that you have a heart condition or that you should only do physical activities recommended by a physician;
- you have not experienced chest pain when not engaged in physical activity at any time within the past month;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your physician is not currently prescribing drugs for your blood pressure or heart condition;
- you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;
- you are not pregnant, breastfeeding or lactating;
- you do not have a condition of high cholesterol, diabetes, obesity, or arthritis; and
- you do not know of any other reason you should not exercise or follow a general nutrition plan.
3. Our Membership Options:
3.1.
We provide our Services through the Free Membership and Premium Membership options explained below.
Free Membership:
Our Free Membership option does not require you to make any payment, but provides access to limited content and/or features only (“Free Services”). You may access our Services which do not require payment through “Free Membership”. We may suspend, change, limit, or terminate the Free Membership for any reason at any time and without any notice.
Premium Membership:
Premium Membership allows greater access to Content and may provide additional features and functions not provided through Free Services (“Paid Services”). You may access our Paid Services through a “Paid Subscription” and become a “Premium Member” for a specified period or for recurring periods for a fee. You may purchase Premium Membership directly from us or through a third party. If you purchase Premium Membership through a third party, the additional terms and conditions of such a third party will apply. Paid Membership can be purchased either
by paying a subscription fee in advance at a monthly, quarterly, semi-annual, annual or any other recurring interval (“Recurring Subscription Fee”) or by purchasing a code, gift card, pre-paid offer or other offer provided or sold by us or on behalf of us (“Code”) for access to Paid Services for a specific time period (“Pre-Paid Fee”).
3.2.
Additional terms and conditions will apply when a Premium Membership is purchased, or a Trial is commenced through a Code. In such a case, you agree to comply with such terms and conditions, in addition to this T&C.
3.3.
We reserve the rights to change our pricing terms for our Paid Memberships at any time. In that case you will be notified when the price of a Paid Membership increases. If required, we will seek your consent to continue with the increased price. In any case, the price change will take effect at the start of the subscription period which follows the date of the price change. If you do not agree with the price change, you may always reject the price change by unsubscribing from the Paid Membership within the subscription period.
4. Automatically Recurring Subscriptions and How to Cancel Them:
4.1.
Should you use our Paid Services through the payment of a Recurring Subscription Fee, the payment will be renewed automatically at the end of the then-current subscription period. IIf you would like to cancel your Paid Subscription and you have made the purchase directly from us, and not through any third party, such as the Apple App Store or Google Play Store, you must send your request to [email protected] before the end of the subscription period to avoid paying any Recurring Subscription Fee for the recurring period. If you have made the purchase through a third party, such as Apple App Store or Google Play Store, you must cancel directly with that third party.
4.2.
To avoid any discrepancies, the cancellation will take effect for the recurring period, not the then-current period, and you will not be refunded for the then-current subscription period within which you have cancelled your Paid Subscription but will continue to receive the Paid Services ordered until the end of your current subscription period.
WE MUST REMIND YOU THAT IF YOU HAVE PURCHASED YOUR PAID SUBSCRIPTION THROUGH A THIRD PARTY, YOU MUST CANCEL DIRECTLY WITH THAT THIRD PARTY, SUCH AS GOOGLE PLAY STORE OR APPLE APP STORE.
5. Trials:
5.1.
You may be offered a trial of Premium Membership (“Trial”) for a specific period (“Trial Period”). We make no representation or warranties that you will be offered any Trials or that all features and content offered through Premium Subscriptions will be offered with any Trials.
5.2.
We or our affiliates may sometimes ask or require you to provide your payment details in order to be eligible for any Trials. BY PROVIDING YOUR PAYMENT DETAILS YOU AGREE AND ACKNOWLEDGE THAT YOU WILL BE CHARGED FOR THE SPECIFIED SUBSCRIPTION FEE UNLESS YOU CANCEL THE APPLICABLE PAID SUBSCRIPTION WITHIN THE TRIAL PERIOD. If you activated your Trial Period directly through our Website, you must send your cancellation request to [email protected] before the end of the Trial Period to avoid paying any Subscription Fees. If you activated your Trial Period through the Application, you actually received your Trial through a third-party, such as Google Play Store or Apple App Store. In that case you must cancel the applicable paid subscription through the third party, in line with the cancellation and refund policies of such third party.
6. Right of Withdrawal and Refunds
6.1.
Our Services are deemed as “services immediately performed on an electronic platform”, which do not grant the right to withdraw, and therefore no refunds are possible, in accordance with Article 15 of the Turkish Regulation on Distance Contracts, published in the Official Gazette dated 27 November 2014 and numbered 29188. You should also be aware that the general terms and conditions of the Apple App Store or Google Play Store will be applied to the right of withdrawal from the in-application purchases conducted accordingly.
6.2.
If you have conducted a purchase through Apple App Store, you can only request a refund from Apple. Apple acts as the distributor and handles refund requests itself for all purchases conducted through the Apple App Store. It is not therefore possible for us to process any refund requests for purchases made through Apple. For more information on Apple’s refund process, please refer to https://support.apple.com/en-us/HT204084.
6.3.
Similar to Apple, Google has its own refund policy. In certain circumstances, you may be eligible to request a refund directly from Google, if you have conducted a purchase through Google Play Store. If your refund request is rejected by Google, Google may suggest you contact us. Please be aware that, if Google has rejected your refund request, we are also unable to refund you. For more information on Google’s refund process, please refer to https://support.google.com/googleplay/answer/2479637?hl=en.
7. Complementary Refunds
Although we do not guarantee any results, we strongly believe our plans can work for you and that you will get visible results in 4 weeks. Therefore, we are pleased to inform you that we offer complementary refund opportunities in certain conditions.
7.1.
You may request a refund within 30 days of your purchase, provided that you have conducted a purchase through our Website. Please remember that we can only review refund requests for purchases conducted through our Website. As explained under Article 6.2 above, if you have conducted a purchase through Apple App Store, you can only request a refund from Apple.
7.2.
We do not guarantee acceptance of your refund request. Although we care about the happiness of all our Members, we need to be convinced that you have given our Services enough of a chance. To do that, we review refund requests on the basis of certain criteria, such as the time
spent on the App or the Website, the features accessed, and the exercises completed. We will review those criteria at our sole discretion.
7.3.
The refund request must be made to the email address [email protected]. Although we cannot guarantee to process your request within a specified period, we will do our best to finalize it as soon as we can.
7.4.
During the process, we might need to request additional information from you, such as your feedback on the App and your reasons for dissatisfaction, the date and time of your purchase, and your payment information. You agree to provide us with the requested information accurately and in full, and not to hold us responsible if your refund request cannot be completed or completed with delay due to the incorrect, false, or incomplete information we have obtained from you.
7.5.
We may decide to forfeit, suspend, or terminate the above-described complementary refund opportunity at any time.
7.6.
Please remember that banking costs and fees may arise from the refund process, for which you agree not to hold us responsible.
8. Billing
8.1.
We do not process payments, but instead use a third-party payment processor. The purchases made through us for any Paid Services are billed through a third-party payment processor (the “Payment Processor”). Therefore, we do not store any payment information. The terms, conditions and other policies, such as privacy policies, of the Payment Processors will apply to the processing of such payments in addition to these Terms. We will not be liable for any damages caused by any Payment Processors. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at prices in effect on the date of purchase and/or on dates the subscription renews automatically, for any use of such Paid Services in accordance with the applicable payment terms, and authorize us, through the Payment Processor, to charge your chosen payment provider (“Payment Method”).
8.2.
In addition to providing us with up-to-date, complete and accurate information for the billing (such as a change in billing address, credit card number, or credit card expiration date) you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as an unauthorized disclosure or use of your email, username or password.
8.3.
Your bank, credit or debit card company may incur additional charges for which you agree not to hold us responsible. These will include, without limitation, banking costs, banking charges or charges which may occur due to currency conversions.
9. Disclaimer
9.1.
Our Services, App and the Website are provided on an “As Is” and “As Available” basis. We make no warranties of any kind and we expressly disclaim any and all warranties, whether express or implied, including, but not limited to, the implied-warranty of merchantability, title. We also make no representation, warranty or guarantee that our Services, App or the Website will meet your requirements, be fit for a particular purpose, will not infringe the rights of third parties, will be compatible with all software and hardware, will be uninterrupted, timely, secure, error-free or virus-free, nor that they will be secure.
9.2.
We do not represent or warrant that the content available through your Free or Paid Membership will remain available at all times. We reserve the right to remove, alter, change, modify any and all content available on the App at all times.
9.3.
Although we take all appropriate measures to offer you a seamless experience, sometimes there may be unavoidable interruptions in our Services due to force majeure, connection problems, internet outage, suppliers, third parties, etc. We will not be liable for any interruption or breakdown in the App or the Website.
9.4.
Our Services are not designed or intended to diagnose or prevent any injury or medical problem. 9.5.
WE ARE NOT A HEALTHCARE PROVIDER. NONE OF THE CONTENT OR INFORMATION WE PROVIDE THROUGH OUR SERVICES SHOULD BE USED IN PLACE OF ADVICE FROM A HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, OR PHYSICAN. NONE OF THE CONTENT OR INFORMATION WE PROVIDE THROUGH OUR SERVICES CONSTITUTES MEDICAL ADVICE. ANY HEALTHCARE RELATED QUESTIONS SHOULD BE DIRECTED TO A MEDICAL PROFESSIONAL.IN CASE OF ANY EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT YOUR PHYSICIAN OR CALL THE EMERGENCY HOTLINE AVAILABLE IN YOUR COUNTRY.
9.6.
By accessing or using the Services, Website or the App, you agree that we will not be held liable for any of the content or information we provide through our Services, Website or the App. You also represent and warrant that (i) you have consulted with a health professional prior to accessing or using the Services, Website or App, (ii) you are in good health with no conditions which may constitute risks to your health in case you access or use the Services, Website or the App, (iii) you assume full responsibility in this regard, (iv) and you irrevocably and unequivocally remise, release and discharge the Company and its respective administrators, executors, representatives, successors, group companies, and affiliates (the “Affiliates”) from any claims arising out of or in connection with the Services, App or Website.
10. Intellectual Property
The Content we provide through any of our Services, Website or the App is the property of us or our content suppliers and is protected by Turkish and international copyright laws. In addition to that, all of our trade names, trademarks, logos, domain names and company marks are protected by international trademark laws and other laws of Turkey and foreign countries.
11. The Content You Provide Us With
Our Services may offer features which allow you to make available your content to us, such as a testimonial, or a photograph. The content you provide will remain your property, but you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works from your content. Please refer to our Privacy Policy in order to learn more about how we use user generated content.
12. Indemnification
You hereby indemnify and hold harmless the Company, its group companies and their officers, directors, employee and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, the Website or the App or (ii) your violation of any provisions of this T&C.
13. Limitation of Liability
13.1.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OURSELVES, OUR GROUP COMPANIES AND OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, THE
WEBSITE OR THE APP. THIS LIMITATION OF LIABILITY PROVISION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
13.2.
OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICES, WEBSITE AND THE APP WILL NOT EXCEED THE FEES PAID TO US AND IF NO FEES HAVE BEEN PAID TO US, TRY50.
14. Assignment
We have the right to transfer or assign this T&C in its entirety or all and any part of our rights under this T&C to any third party in our sole discretion. We have the right to delegate and/or use third-party contractors to perform services on behalf of us under this T&C. You may not assign, delegate or otherwise transfer your rights or obligations under this T&C.
15. Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
16.Dispute Resolution
16.1.
Any kind of dispute occurring or arising from this T&C will be settled by the courts and enforcement offices of Istanbul / Turkey. Members who qualify to be consumers and who do not act for commercial or professional purposes may apply to consumer courts or tribunals in disputes.
16.2.
This T&C will constitute evidence for the resolution of disputes in accordance with the Turkish Civil Procedural Law.
16.3.
We reserve the right to make changes to our T&C, Privacy Policy and any other terms and conditions at any time without prior notice.
