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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 hello@cosmyapp.com.
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 hello@cosmyapp.com. 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.
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.
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. If 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 hello@cosmyapp.com before the end of the subscription period to avoid paying any Recurring Subscription Fee for the recurring 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.
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.
9. Disclaimer
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 PHYSICIAN. 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.
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.
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.
16.3.
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.