Last Update: 29/10/2023
2. Pre-Information Confirmation
The Subscriber confirms that they have received and read the Pre-Information Form, which includes the essential features of the software services subject to sale in accordance with the Distance Contracts Regulation published in the Official Gazette No. 29188, and that they are aware of all information, including the sales price, payment method, and other matters. The Subscriber acknowledges and declares that this Agreement is binding.
3. Subject of the Agreement - Services and Features
The Subscriber acknowledges that the purchased Software Services are of immaterial nature and will be provided and delivered electronically on Arfulus, and there will be no physical delivery of the purchased Software Services.
3.1 Arfulus Service
3.1. To subscribe to the Arfulus service, the Consumer must be at least 18 years old or have reached the age of majority applicable in the city, region, or country they are located. Minors can only use this service with the consent and through the means of their parent or a legal adult.
3.2. Arfulus service and all kinds of content accessed through the service are for the personal use and non-commercial use of the Subscriber; they cannot be shared with people outside the household unless explicitly permitted in the subscription plan. During the Arfulus subscription, the Subscriber is granted a limited, non-exclusive, non-transferable right, at the discretion of Mergenium, to access Arfulus service and Arfulus content. Except as provided above, no right, title, or interest shall be transferred to the Subscriber. Subscribers agree not to use the service for public performances.
3.3. Arfulus service, including the content, is continuously updated. In addition, many elements of Mergenium's services, including user interfaces and promotional content, are constantly subjected to testing. Users may visit the "Account" page at any time and change their "Participation in Tests" settings to opt-out.
3.5. Some Arfulus content, including certain supported devices, can be temporarily downloaded and viewed offline ("Offline Content"). There are limitations, including the number of Offline Content titles per account, the maximum number of devices that can store Offline Content, the time period within which Offline Content must be viewed, and the period of time for which the Offline Content will be available. Some Offline Content may not be available in all countries, and if a Subscriber is in a country where a particular Offline Content is not available, the Subscriber will not be able to view that Offline Content.
3.6. The Consumer agrees to use the Arfulus service, along with all its features and functionalities, in compliance with all applicable laws, regulations, or other restrictions related to the use of the service or content. Unless explicitly permitted by Mergenium, the Consumer agrees not to:
(ii) reverse engineer, decompile, disassemble, manipulate, or otherwise access or modify any code or product except as expressly permitted by Mergenium in writing;
(iii) use any automated means, such as robots, spiders, or scrapers, to access the Arfulus service or collect any information from the service or content;
(iv) insert any code or product
, or manipulate the content in any way;
(v) use any data mining, data gathering, or extraction method;
(vi) upload, post, e-mail, or otherwise transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Arfulus service, including any software viruses or any other computer code, files, or programs.
4. Agreement Date
This Agreement is concluded and becomes effective when the Subscriber declares that they have read and accepted the Agreement, along with the Pre-Information Form, and from that moment on, it shall be binding on the parties.
5. Users, Free Trials, Subscriptions, Billing, and Cancellation
5.1 Becoming a User
To access all or part of Mergenium's services, a Mergenium account may need to be created. To become a User, the email and password pair entered in the registration form on Arfulus are personal and must be kept confidential. The responsibility for maintaining the created account and password's confidentiality and restricting access to the used device belongs to the User.
5.2 Free Trials and Promotions
From time to time, in appropriate cases, Mergenium or others acting on behalf of Mergenium may offer subscription plans for certain periods at no cost or at a discounted price, including but not limited to free trials. The free trial period is 7 (seven) days unless otherwise stated. Free trials are available only to new and certain former Users. Mergenium reserves the right, at its sole discretion, to determine a User's eligibility for a free trial.
Unless canceled, at the end of the free trial period, subscription fees for the service will begin to be billed at the then-current rates, using the payment method designated by the User. The details of the free trial or subscription can be viewed by visiting the "Subscription" link under the "Settings" button at the top of this page.
Mergenium will notify the Subscriber at the end of the free trial period that the billing phase has started. The subscription fee will continue to be billed to the User's Payment Method at the periodic intervals as specified in the subscription plan unless canceled by the User.
The Mergenium subscription that starts with or without a free trial will continue in accordance with the subscription plan until canceled. In order to use Mergenium Subscription services, internet access is required, and the User must provide Mergenium with a current, valid, accepted method of payment. Mergenium will bill the subscription fee to the Payment Method designated by the User. In order to prevent the subscription fees of the next period from being billed through the Payment Method, the subscription must be canceled before the renewal date.
5.4.1 Recurring Billing
By starting a Mergenium subscription, the Subscriber authorizes Mergenium to charge the Payment Method on a specified billing date for the total price specified in the subscription plan, including any possible transaction fees and other expenses that may arise from the use of Mergenium services.
5.4.2 Price Changes
5.4.3 Billing Cycle
The billing period is determined by the subscription plan selected by the Subscriber at the time of registration. Subscription fees for Mergenium services will be billed at the beginning of the payment part of the subscription, unless the subscription is canceled.
The renewal date of the subscription may change due to changes in the Subscriber's subscription plan preferences.
The Subscriber may cancel the Mergenium subscription at any time. In this case, the Subscriber can continue to benefit from Mergenium services until the end of the current billing period. Mergenium will not refund, make partial refunds, or issue credits for partially used periods to the extent permitted by applicable law.
5.6 Payment Methods
To use Mergenium services with a paid subscription, at least one Payment Method must be provided.
Users can edit their Payment Method information by visiting the Site and clicking on the "Subscription" option under the Settings page.
If a payment cannot be successfully charged for any reason, such as expiration date, insufficient balance, or other reasons, and the User does not change the payment method information or cancel their account, the User will be responsible for the unpaid amounts. In such a case,
the User authorizes Mergenium to continue billing the updated Payment Method.
If the User signed up for Mergenium using a third-party account (e.g., iTunes, Google Play, or a similar account) as the Payment Method and wishes to cancel their Mergenium subscription at any time, including the free trial period, the User must do so through such a third-party by visiting their account and turning off automatic renewal or by canceling their subscription through such a third-party. The User may also check the billing information related to the subscription by visiting the relevant third-party account.
For certain Payment Methods, the organization providing the Payment Method may charge the User foreign transaction fees or other charges. Details need to be discussed with your Payment Method service provider.
The Subscriber can cancel the Mergenium subscription at any time. In this case, the Subscriber can continue to access Mergenium services until the end of the current billing period. Mergenium does not provide refunds or credits for partial subscription periods.
To cancel the subscription, the Subscriber must go to the "Subscription" section under the Settings page of their Mergenium account and complete the cancellation process.
If the subscription is canceled, the subscription will automatically end at the end of the current billing period.
7. User Responsibilities
The User agrees not to use any robots, spiders, scrapers, or other automated means to access Mergenium services. Additionally, the User agrees not to convert any software or other products or processes accessible through Mergenium services into source code, dismantle them, insert any code or product into Mergenium services, or manipulate them in any way. The User also agrees not to use any data mining, data gathering, or extraction method, and not to upload, post, e-mail, or otherwise transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with Mergenium services, including any software viruses or any other computer code, files, or programs.
The User is obligated to comply with all the rules imposed by the applicable laws, as mentioned above. If the User violates any of these rules or obligations arising from the current legislation, their membership may be terminated, and Mergenium reserves its right to claim any additional request and legal action. Mergenium is not responsible for any damages caused to third parties by the User's actions, if any.
The User is solely responsible for all actions performed through their Mergenium account. To maintain control of the account and prevent unauthorized access, the User must keep the control of the devices supporting Mergenium and should not share their account password with anyone. If the User becomes aware of any unauthorized use of their account, they must notify Mergenium and change their password immediately. Otherwise, Mergenium may terminate the User's membership or suspend their account.
The User confirms that they have fulfilled all the necessary conditions for Mergenium membership and that all the information shared with Mergenium is accurate and up-to-date, and they accept, declare, and undertake that they are solely responsible for any obligations and liabilities arising from the inaccuracy or non-updating of such information.
The User acknowledges that Mergenium makes no commitments regarding the services and content provided, and Mergenium has the right to increase, decrease, and modify the contents and services offered as it deems appropriate.
8. Miscellaneous Provisions
- 8.3 Mergenium may assign and transfer its rights and obligations arising from the consumer relationship established by accepting this Agreement to another party at any time. By becoming a User of Mergenium's services, the User is deemed to consent to such possible assignment or transfer.
- 8.4 All information related to the User's account will be provided to the User in electronic format only. Therefore, it is essential to share accurate and current contact information with Mergenium at the beginning of the membership process. If there is a change in the contact information provided to Mergenium, the User must notify Mergenium immediately of such changes. Content sent to the User's contact address is deemed to be delivered to the User on the same day.
- 8.5 The User acknowledges that Mergenium is not liable for any interruption and security issues that may occur in the service due to internet interruptions, speed reductions, and similar reasons or due to any problems related to providing the service arising from general disturbances in the country, such as war, terrorism, strikes, general power outages, earthquakes, floods, states of emergency, cyber-attacks, devices infected with viruses, or any similar force majeure event.
- 8.7 Mergenium is not responsible for any products or services advertised on Arfulus or through links provided on Arfulus.
- 8.8 Mergenium has legal rights over Arfulus and the services provided. The use and accessibility of Arfulus and/or other products and services provided by Mergenium are not granted to the User any intellectual or industrial property rights and/or any ownership, disposal authority.
- 8.10 If applicable under the relevant law, Mergenium and the User agree that they may only make individual claims against each other and cannot participate as a plaintiff or member of a collective or delegate lawsuit. Also, if applicable under the relevant laws, unless otherwise agreed by Mergenium and
the User, the court cannot consolidate the claims of multiple individuals with the User's claim or preside over any class action.
9. Limitation of Liability
Mergenium does not make any representations or warranties that the service provided will be uninterrupted or flawless. While Mergenium's primary objective is to provide the best service to the Users, there may be certain disruptions and faults in the provided services. Therefore, the User waives any special, indirect, or consequential damages and agrees not to request any refund. However, this waiver does not limit any guarantee that cannot be waived or the rights that the User may have under the laws of their place of residence. Mergenium is not responsible for any similarities between the content, services, or programs provided in any medium and the materials or ideas sent to Mergenium.
10. Customer Support
If the User needs any assistance or has complaints or objections regarding the products/services, they can contact Mergenium's customer support via the e-mail address [email protected].
11. Intellectual Property
All kinds of intellectual and artistic products, information, and materials found on Arfulus are subject to Mergenium's permission within the framework of relevant legislation, including the Law No. 5846 on Intellectual and Artistic Works. The User cannot use any intellectual and artistic product, regardless of its nature, or any information and material without obtaining Mergenium's express written consent, nor can they use Arfulus to transmit any intellectual and artistic product, regardless of its nature, or any information and material. Content and all kinds of information and materials found on Arfulus can only be used within the scope of Mergenium's written permission and under the conditions permitted by Mergenium. They cannot be given or used by third parties without Mergenium's prior written consent, cannot be duplicated, loaded onto another computer, mailed, presented, or published. The User agrees to comply with the Law No. 5846 on Intellectual and Artistic Works, the Law Decree No. 556 on the Protection of Trademarks, the Turkish Commercial Code No. 6102, the Law Decree No. 551 on the Protection of Patent Rights, the Turkish Criminal Code No. 5237, and other relevant legislation and not to violate them. Otherwise, Mergenium reserves the right to recourse to the User for any and all compensations and/or administrative/judicial fines that Mergenium has to pay to public institutions and/or third parties due to this.
Mergenium respects the intellectual property rights of others and expects its Users to do the same. Mergenium complies with third-party intellectual property rights. In appropriate cases, Mergenium may suspend the accounts of Users or Subscribers who persistently violate copyright claims or terminate their subscriptions/memberships, including the removal of the objected content from Arfulus, at its sole discretion.
If the User believes that their copyright is being infringed through the use of Mergenium's services, they can contact us at [email protected]. Mergenium will take any action it deems appropriate at its sole discretion, including but not limited to the removal of the objected content from Arfulus, with a duly proven takedown notice.
12. Stamp Duty
If stamp duty arises due to these membership conditions, Mergenium will pay the stamp duty.
13. Resolution of Disputes
In case of any disputes arising from this Agreement, Istanbul Anatolian Courts and Enforcement Offices are authorized. Additionally, the User may file their complaints and objections with the consumer dispute resolution board or consumer court in the place where they purchased the goods or services, or in their place of residence, within the monetary limits determined by the Ministry in December each year. The complaint and appeal procedures for personal data are reserved as per Law No. 6698.