Terms and Conditions

30 January 2025

By registering with, accessing or using Fit Path through fitpath.co website or through its mobile

application (together Fit Path and/or Application), these terms and conditions (Terms and

Conditions) will automatically apply to you – you should make sure therefore that you read them

carefully before using the Application.

The Application provides services to enable users to create goals and reminders via mobile

application and to generate detailed responses with regard to the texts inserted by you through

the use of its AI algorithm in a dialogue format (Services).

This Terms and Conditions only grants you the right to use the Application to benefit from Services

within the scope defined herein. You’re not allowed to copy, or modify the Application, any part

of the Application, or our trademarks in any way. You’re not allowed to attempt to extract the

source code of the Application, and you also should not try to translate the Application into other

languages or make derivative versions. The Application itself, and all the trademarks, copyright,

database rights and other intellectual property rights related to it, still belong to Vision Wizard

Dijital Hizmetler Anonim Sirketi (Company and/or Company).

Important Disclaimer

We only provide services to enable users to set goals and reminders on their intended lifestyle,

and to monitor progress towards their intended lifestyle goals. We make no guarantees or

promises in relation to the level of progress you may experience.

The Application may contain contents that involve physical activity etc. However, they are not

intended to provide any advice (including medical advice or services, diagnosis or treatment).

Users engage in any exercise, physical activity, diet or fasting at their own responsibility and risk.

We do not promote, advise or otherwise suggest any type of fasting, diet or physical activity,

exercise. The Use of the Application is exclusively at your own risk.

The Services may not be appropriate for all persons. The Services are intended for use only by

individuals who are healthy enough and physically and mentally resilient to make changes to their

diets and lifestyles. We advise all our users to consult a professional and licensed health care

provider before deciding to engage in any type of fasting or diet or implementing any changes to

your diet or before using our Services.

The persons (i) with or with the suspect of any medical condition, such as diabetes or

cardiovascular problems, lung or respiratory diseases (including asthma), neuromuscular

diseases, surgery

or other health restrictions

, (ii) who are or are suspected to be pregnant or

breastfeeding, or (iii) who are underweight; (iv) who are under age of 18 years of; (v) who are

above 65 years old; (vi) who have an eating disorder; (vii) who feel unwell after fasting or after

physical activity, or (viii) who have a mental health condition

(ix)

or who use medications that

might have an impact on their dietary requirements

should not use our Services

and they should

always consult a professional and licensed health care provider regarding their dietary habits.

Our Services are not intended, prepared, developed or implied to be used for the diagnosis,

prevention or treatment of any illness, disease or condition, or to be a substitute for medical

advice, medical care or psychological counselling.

The Application or Company is not a medical or health care professional in any sense and does not

provide services in the diagnosis, examination or treatment of medical or health conditions of any

kind. We have no expertise in these areas.

Using the Services or any other communication from us does not create or imply a medical

professional/health care provider-patient relationship whatsoever (e.g. doctor-patient or

psychologist-patient relationship).

The Application or Company does not and is not obliged to provide emergency services of any

kind. There is no obligation for us to contact you or anyone else regarding your medical or health

condition or their treatment. In the event of a medical emergency, you should call your local

emergency service.

We recommend that you always consult a professional health care provider if you have any

questions about your health, medical or mental condition.

You should never disregard, avoid or delay seeking professional medical care and advice because

of anything you have read or obtained through the Services.

You should immediately consult a professional health care provider if you have or suspect that

you may have a medical condition or a mental health concern.

Furthermore, you understand and agree that although Output is provided to you or certain

contents are displayed through the use of Services (i) Output and contents are not prepared or

provided by individuals in the medical or health profession; (ii) Output and contents might be

false, inaccurate or misleading; (iii) Company does not represent or warrant that Output and

contents are accurate, genuine or true, or suitable for your use or needs; (iv) Output and contents

are not advice, guidance or information provided by the Company in any way; (v) the Company

shall not have any obligation or liability whatsoever for Output or contents; and Company is not

liable for any damage (including any direct, indirect, special, consequential damage or exemplary

damages, including, but not limited to, lost profits, lost revenue, lost time, loss of use, data or good-

will, intangible losses or any other type of damage whether in contract, tort, under any other legal

theory [including, without limitation strict liability and negligence]) resulting from or in relation

to the Output or contents; (vi) your use of any Output and contents is entirely at your own risk;

(vii) you should not rely on the Application or Output or contents as your source of information.

Changes to This Terms and Conditions

We may unilaterally amend and update our Terms and Conditions from time to time. Thus, you

are advised to review this page periodically for any changes. We will notify you of any changes by

posting the new Terms and Conditions on this page. These amendments shall be effective on the

date when they are published. The User is obliged to follow these amendments and updates and

shall be deemed to have agreed with these amendments in case the User confirms these

amendments or continues to use the Application following the publication.

The User acknowledges that it cannot gain a title and/or status of Company’s representative,

authorized person, agent, commercial representative, stakeholder, solution or business partner,

dealer etc. by concluding these Terms and Conditions; therefore, the User shall not be able to

disclose a notification to be interpreted as such in any documents, brochures and advertisements

to be arranged by and between third parties, on its website or in its references.

COMPANY END-USER LICENSE AGREEMENT

These terms and conditions legally create an agreement between you, as the User, and Company.

Please read all terms and conditions and further Company Service scope carefully. By using (as

defined under Article 1.1), you agree with our terms as set out under this Terms and Conditions,

including the Company End-User License Agreement and Privacy Policy. If you do not agree to the

Terms and Conditions (including the Company End-User License Agreement and Privacy Policy)

do not the Application. Your continued use will confirm your acceptance of the Terms and

Conditions.

1. TERMS OF USE

1.1. Company, a Turkish corporation located in İstanbul/Turkey, is pleased to provide you the

Application, as the user (User), its website and its branded mobile applications and any and all

related documentation (each, an “Company App” and collectively the “Company Apps”) a list of

which is available at the Apple App Store and/or Google Play. You hereby agree to be bound by

these terms of service any time you use or access Company App. These terms and conditions are

set forth by Company for any of its products or services located in the Apple App Store and/or

Google Play and/or any other online platform (each a “Company Service” and collectively the

“Company Services”), excluding any provision specifically referring the Application. Your use of

the Company Services is subject to your acceptance and compliance with these terms. “Use” or

“using” means hereby to access, use, install, download, register with, copy, in-app purchasing or

otherwise benefit from using the functionality of the Company Apps as per the documentation.

Please read this End-User License Agreement (the “Agreement”) carefully before accessing,

installing, downloading, registering with or using any Company Apps, for the concerning

Agreement governs your Use of the Company Apps and how we provide the Company Apps. If you

do not agree these terms, do not use the Company Services. Each time you use or access the

Company Services, the current version of these terms shall apply. This Agreement also includes

additional payment terms, in-app purchase options and other requirements set forth on the

download or purchase page/ platform through which you purchase or download the Company

Apps.

1.2. Your Use or access of the Company Services is also subject to Company’s Privacy Policy (the

“Privacy Policy”). Additionally, you agree to abide by our rules, policies and procedures we may

publish on the Company Services from time to time. We reserve the right at any time and without

notice to change these terms. Without prejudice to any rights implied by law or under the

provisions of this Agreement, you also acknowledge that in-app message which notifies you such

changes when you open up, use or access the Company Apps shall constitute reasonable

notification means. For the avoidance of doubt, your continued use of the Company Apps after we

post amendments or apply changes to this Agreement shall signify your acceptance of such

amendments and/or changes. If you do not agree with any amendment, you must discontinue

using the Company Apps. If you have any further questions or concerns with respect to the terms

herein, please contact us at support.fitpath@visionwizard.co.

1.3. For the avoidance of doubt, all provisions in this Agreement that refer to the Company Apps and

the Company Services are general terms and conditions set forth by Company regarding its

products and services. These provisions, while binding for the User, only grants the User the rights

specified herein for the Application. This Agreement cannot be interpreted as granting any right

to the User with regards to other Company Apps or Company Services.

1.4. NOTICE TO THE USER: THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND

THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY

REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE APPLE APP STORE AND/OR

GOOGLE PLAY AND/OR ONLINE PLATFORMS AND YOU ARE NOT AUTHORIZED TO USE OR

ACCESS ANY OF THE COMPANY SERVICES. DEPENDING ON THE LAWS OF THE JURISDICTION

WHERE YOU LIVE, YOU MAY HAVE CERTAIN RIGHTS THAT CANNOT BE WAIVED THROUGH THIS

AGREEMENT AND THAT ARE IN ADDITION TO THE TERMS OF THIS AGREEMENT AND CERTAIN

PROVISIONS OF THIS AGREEMENT MIGHT BE UNENFORCEABLE AS TO YOU. TO THE EXTENT

THAT ANY TERM OR CONDITION OF THIS AGREEMENT IS UNENFORCEABLE, THE REMAINDER

OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. YOU HEREBY CONFIRM

THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE UNDER 18 YEARS OLD OR UNDER THE

LEGAL MAJORITY AGE WHERE YOU LIVE, THAT YOU ARE USING THE APPLE APP STORE AND/OR

GOOGLE PLAY AND/OR THE ONLINE PLATFORMS OF THE COMPANY ONLY WITH THE

APPROVAL OF YOUR PARENTS OR LEGAL GUARDIAN), THAT YOU ARE LEGALLY ABLE TO

ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE COMPLETELY READ, UNDERSTOOD AND

AGREE TO BE BOUND BY THIS AGREEMENT. PLEASE BE AWARE THAT, IN ORDER TO USE

GOOGLE PLAY, YOU MUST HAVE A VALID GOOGLE ACCOUNT, SUBJECT TO THE FOLLOWING AGE

RESTRICTIONS AND ALSO YOU MUST COMPLY WITH ANY ADDITIONAL AGE RESTRICTIONS

THAT MAY APPLY FOR THE USE OF SPECIFIC CONTENT OR FEAUTRES ON GOOGLE PLAY.

WE DO NOT ALLOW USE OF THE APPLICATION BY MINORS THAT ARE YOUNGER THAN 16

YEARS OLD.

1.5. NOTICE TO PARENTS AND LEGAL GUARDIANS: BY GRANTING YOUR CHILD APPROVAL TO

DOWNLOAD, INSTALL, USE, ACCESS, REGISTER WITH, IN-APP PURCHASE THE COMPANY APPS,

YOU HEREBY AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOUR CHILD. YOU

ARE RESPONSIBLE FOR EXERCISING SUPERVISION OVER YOUR CHILD’S ANY ONLINE AND OFF-

LINE ACTIVITIES OR OMISSIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT

LET YOUR CHILD USE THE COMPANY APPS OR ASSOCIATED FEATURES. IF YOU ARE THE

PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 18 AND BELIEVE THAT HE OR SHE IS USING

THE COMPANY APPS WITHOUT YOUR PRIOR APPROVAL, PLEASE CONTACT US AT

support.fitpath@visionwizard.co .

2. PARTIES

2.1. This Agreement is concluded between Company and you, as the User, who downloaded and/or

installed through the Apple App Store and/or Google Play and/or registered, accessed or used the

online platforms of the Company; and executed and mutually entered into force upon the online

approval of the User. Company and the User shall be hereinafter referred to individually as the

“Party” and collectively as the “Parties”.

2.2. By downloading and/or installing the Company App through the Apple App Store or Google Play,

and/or registered, accessed or used the online platforms of the Company, the User agrees,

undertakes and represents that he/she has read all the terms herein, understood all the contents

and approved all provisions.

2.3. In case the User is a “consumer” under the Consumer Protection Act of Turkey (the “Law No.

6502”) and the applicable consumer legislation, the User can benefit from the rights and powers

vested in consumers thereunder to the extent applicable. If the User is considered as a consumer

under the Law No. 6502 and to the extent applicable, the other relevant legislation he/she should

give prior notice to duly inform the Company to use its consumer rights. The User accepts and

declares that he/she understands this situation and that he/she shall act in line with the

applicable consumer legislation, if necessary.

3. COMPANY CONTACT INFORMATION

Company Name: Vision Wizard Dijital Hizmetler Anonim Şirketi

Address: Esentepe Mahallesi Büyükdere Cad. Ferko Apt. No: 175/141, Şişli, İstanbul, Turkey

Trade Registry Number: 361558-5

E-mail: support.fitpath@visionwizard.co

4. GRANT OF LICENSE

4.1. Subject to your compliance with the terms of the Agreement, Company grants you a limited, non-

exclusive, revocable, non-sub licensable, non-transferable license to access, download and install

the most current generally available version of the Application on a single, authorized mobile

device that you own or control solely for your lawful, personal, as an end-user, and non-

commercial use.

4.2. For the avoidance of doubt, all Company Apps is protected by copyright laws and international

of any software, design, source code, target code, directory, image or content available on

Company Apps. Company reserves all rights not expressly granted to the User as per the

provisions of Article 11, hereunder. Having said that, Company retains the ownership of the

process the advertisements, images and texts, visual and audio images, files, databases, catalogues

and lists available on Company Apps nor rent, lease or lend the Company Apps to anyone and

permanently transfer all of his/her rights under this Agreement. Company holds no responsibility

of the results of using the Company Apps acquired illegally or through an unauthorized

distributor.

5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

5.1. Restricted Use: While using Company Apps, Users declare and undertake not to engage in actions

that are contrary to the law and morality or that may damage the opportunity to benefit from the

Company Services including but not limited to the items exemplified below. Company shall not

assume any responsibility and/or indemnification liability for damages arising from any breach

of this article. In the event that the User acts in breach of this article, Company shall reserve the

right to terminate this Agreement pursuant to Article 14, to block the User's access to Company

Apps either for a certain period of time or indefinitely. Furthermore, Company reserves the right

to resort to civil law and criminal law remedies.

5.2. The User shall not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for

your own backup purposes) or in any way transfer Company Apps or any rights arising from the

Company Apps or grant any rights arising from the Company Apps and shall not use Company

Apps for the benefit of any third party. Unless expressly authorized by Company, User is

prohibited from making the Company Apps available over a network where it could be

downloaded or used by multiple users. User agrees that he/she shall not use any robot, spider,

other automatic or manual device or process to interfere or attempt to interfere with the proper

working of the Company Apps, except to uninstall or remove the Company Apps from a mobile

device which the User owns or controls. User shall not deliver unlawful information and/or share

harmful data such as chain mail, malware, viruses. The User shall not violate or attempt to violate

the security of Company Services except as and only to the extent permitted in this Agreement

and by applicable law. User shall not engage in behaviors and activities that will adversely

affect/obstruct or manipulate the operation of Company Apps, disable security systems and make

the Company Apps unusable or make an attempt in this manner by preparing automatic programs.

5.3. User cannot copy, adapt, translate, decompile, reverse engineer, disassemble, modify, recode or

create derivative works of the Company Apps or advertise the Company Apps in any form. User

shall not access, create or modify the source code of any Company Apps in any way. User does not

have the right to and may not create derivative works of any the Company Apps or any portions

thereof. All modifications or enhancements to the Company Apps remain the sole property of

Company. User agrees and undertakes not to engage in any other act to find, obtain or copy the

source code of Company Apps; shall not in any way try and synchronize Company Apps with other

software or hardware; shall not violate the security of any computer network; shall not hack

security passwords and codes, shall not attempt to deliver SPAM mail or upload malware,

otherwise agrees, declares and undertakes to assume the liability for any damages of Company

and third parties.

5.4. Company may restrict or terminate the access to Company Apps at any time and without giving

any further notice in case the operating security of the network is at risk, in order to ensure the

continuity of access to the network, to prevent malfunctions that may occur in network, software

or uploaded files, to prevent or reduce the adverse effects of possible disruptions and in other

cases deemed necessary.

5.6. Updates: Company reserves the right to add or remove features or functions to the existing

Company Apps. When installed on the User’s mobile device, Company periodically communicates

with our servers. Company may require the updating of the Company Apps on User’s mobile

device when Company releases a new version of the Company Apps, or when Company makes

new features available. This update may occur automatically or upon prior notice to User and may

occur all at once or over multiple sessions. The User understands that Company may require

User’s review and acceptance of Company’s then-current Agreement before User will be

permitted to use any subsequent versions of the Company Apps. User acknowledges and agrees

that any obligation Company may have to support previous versions of the Company Apps may be

ended upon the availability of updates, supplements or subsequent versions of the Company Apps.

User acknowledges and agrees that Company has no obligation to make available to User any

updates, supplements or subsequent versions of the Company Apps. Please be aware that, such

updates may be necessary in order for you to use Google Play/App Store or to access, download

or use content. By agreeing to these terms and using Google Play/App Store, you agree to receive

such updates automatically. You may be able to manage updates to certain content via settings in

Google Play/App Store. If it is determined, however, that the update will fix a critical security

vulnerability related to the content, the update may be completed irrespective of your update

settings in Google Play/App Store or your device. If another app store attempts to update content

that was initially downloaded from Google Play/App Store, you may receive a warning, or such

updates may be prevented entirely.

5.7. Access: The User must provide at his/her expense the equipment, internet connections, devices

and service plans to access and use the Company Apps. If the User accesses the Company Apps

through a mobile network, your network or roaming provider’s messaging, data and other rates

and fees may apply. The User is solely responsible for any costs you incur to access the Company

App from his/her device. Downloading, installing or using certain the Company Apps may be

prohibited or restricted by your network provider and not all the Company Apps may work with

your network provider or device. Company makes no representation that the Company Apps can

be accessed on all devices or wireless service plans. Company makes no representation that the

Company Apps are available in all languages or that the Company Apps are appropriate or

available for use in any particular location. Please also be aware that, you must keep your account

details secure and must not share them with anyone else. You must not collect or harvest any

personal data of any User of Apple App Store and/or Google Play and/or website or of any User of

other Apple and/or Google Services and/or website via Apple App Store/ Google Play/websites,

including account names.

5.8. Purchase and Cancellation Rights: Certain Company Apps are available for purchase from a mobile

platform owner (e.g. Apple or Google) or online platform owner (e.g. Paddle) and/or will allow

the User to make in-app purchase. Payment for such purchases may be processed by third parties

who act on behalf of Company or directly by the mobile platform owner. In some countries there

are specific time periods to cancel online purchases after purchasing them provided by law

(European Union residents etc). For these countries, consumers may have a right to cancel in

specific number of days after purchasing products/services online provided by law. Therefore,

your right to cancel in-app purchases will rely on the country you reside in. Since payment

processes of certain purchases on Company Apps will be conducted by the mobile platform owner,

failure to follow certain local laws regulating right to cancel will be subject to mobile platform

owners’ terms. Please also review the mobile platform owner’s terms in this regard before

purchase. You can find further information on cancelling orders and any associated refunds on

the website of the third-party re-seller from whom you purchased the app (the Apple App Store

and/or Google Play) or the third-party platform where you made the purchase (e.g. Paddle).

Where you purchase from Company directly: please note and acknowledge that if you are a

resident in the European Union or your local law regulates a right to cancel and download the

Company Apps from Company directly, you agree to waive your cancellation and refund right once

the download of the app or the relevant purchase is made. Please note that if you are not a resident

in the European Union and if your local laws do not regulate mandatory laws otherwise, you have

already no right to cancel purchases you made if you download Company Apps from Company

directly. This means that you will not be able to cancel your order or obtain a refund once the

download and delivery of the app is complete. This will also apply to subscriptions and in-app

purchases. In this regard, please also take into consideration the provisions of Article 13 of the

Agreement.

5.9. Defective Content: Once the Company Apps are available to you through your account, you are

required to check the content as soon as reasonably possible to ensure that the Company Apps

function and perform as stated and notify us or Google Play/App Store as soon as reasonably

possible provided that you find any errors or defect.

5.10. Without prejudice to any other rights, Company may terminate this Agreement if User fails to

comply with the terms of this Agreement and other documents, referred to herein. In such event,

the User must uninstall or remove the Company Apps. In this regard, please also take into

consideration the provisions of Article 14 of the Agreement.

6. THIRD-PARTY PARTNERS

6.1. The Company Apps allow you to enjoy various features, functionalities and other Company

Services, which may change from time to time (collectively the “Company Apps Functions”). The

Company Apps Functions are provided by Company and third-party suppliers who offer content

and/or services in conjunction with or through the Company Apps (the “Third Party Partners”).

6.2. Third-Party Services and Content: The Company Apps may integrate, be integrated into, bundled,

or be provided in connection with third-party services, advertising, feeds and/or content. If the

User is installing the Company App that includes third party services and third-party content, such

services and content are subject to such third party’s terms of services and privacy policies, which

might be found on the relevant Third-Party Partners’ website. Please keep that in my mind that

Company has no control over such websites and resources, and the User acknowledges and agrees

that Company shall not be responsible or liable, directly or indirectly, for any damage or loss

caused or alleged to be caused by or in connection with use of or reliance on any such Content (as

defined in 6.3.), goods or services available on or through any such website or resource. Having

said that, Company shall not be a party to or in any way be responsible for monitoring any

transaction between the User and the Third-Party Partners.

6.3. Access to the Third Party Services and Content via the Company Apps: All services, advertising,

feeds and content, including without limitation, all data, links, articles, graphic or video messages

and all information, text, software, music, sound, graphics or other materials (the “Content”) made

available or accessible via the Company Apps, whether publicly available or privately transmitted,

is the sole responsibility of the entity or person from whom it originated. You, as the User, hereby

acknowledge and agree that by using the Company Apps you may be exposed to Content that may

be offensive, indecent or objectionable in your community. You agree to accept all risks associated

with the use of any Content, including any reliance on the accuracy or completeness of such

Content. Under no circumstances will Company be liable in any way for any Content created by or

originating with entities other than Company, including but not limited to, any errors or omissions

in any such Content, or for loss or damage of any kind incurred as a consequence of the

transmission, sharing or posting of such Content by means of Company App.

6.4. Any links to third-party apps or websites are provided to your convenience only and are subject

to the third party’s terms. Company isn’t responsible or liable for those websites, products and/or

services. Therefore you should consider, check and comply the third-party apps or websites rules

and conditions (including privacy policies of those third parties) while using the Company app

and its features with other apps and websites.

7. SECURITY

7.1. The Company Apps, like other User technologies in the relevant market, may not be 100% secure.

By accepting this Agreement, you acknowledge and accept that the Company Apps and any

information you download or offer to share by means of a Company App, may be exposed to

unauthorized access, interception, corruption, damage or misuse and cannot be regarded as 100%

secure.

7.2. You accept all responsibility for such security risks and any damage resulting therefrom. Further,

you are solely responsible for securing your mobile device from unauthorized access or cyber-

attacks, including by such means as using complex password protection. You agree that Company

shall not be liable for any unauthorized access to your mobile device or the app data thereon.

7.3. In regard of malware protection, Google may receive information regarding your device’s network

connections, potentially harmful URLs, the operating system and apps installed on your device

through Google Play or from other sources in order to protect you against malicious third-party

software, URLs and other security issues. Besides, Google may warn you if it considers an app or

URL to be unsafe, or Google may remove or block its installation on your device if it is known to

be harmful to devices, data or Users. You may choose to disable some of these protections in the

settings on your device, nevertheless, Google may continue to receive information about installed

through Google Play, and apps installed on your device from other sources may continue to be

analysed for security issues without sending information to Google.

8. REGISTRATION AND PASSWORDS

8.1. Registration: Most of the Company Apps will not require a registration, nevertheless, some of the

Company Apps may permit or require you to create an account to participate or access additional

features or functionalities (the “Registration”). If such Registration is required, it will be made

known to you when you attempt to participate or access such additional features or

functionalities. Any registration required by Third- Party Partners is not governed by this

Agreement and you should refer to the relevant Third-Party Partners’ website for their policies.

8.2. Passwords: You are the sole and exclusive guardian of any password and ID combination issued

or chosen by to you. Maintaining the confidentiality and security of your password(s) and ID(s) is

solely your responsibility. You are fully responsible for all transactions undertaken by means of

any account opened, held, accessed or used via your password and ID. You shall notify us

immediately and confirm in writing any unauthorized use of accounts or any breach of security,

including without limitation any loss, theft, leak, or unauthorized use of your password(s), and/or

ID(s) or any related account. If we have reasonable grounds to suspect that the security of your

password and/or ID has been compromised, we may suspend or terminate your account, refuse

any and all current or future use of the services, and pursue any appropriate legal remedies. We

shall not be responsible for any losses incurred in connection with any misuse of any password or

ID.

8.3. Provided Information: If you provide any information in connection with a Registration, you are

required to provide or maintain accurate, complete and current information. If we have

reasonable grounds to suspect that your information is inaccurate, not current or not complete,

we may suspend or terminate your use of the Company App and pursue any appropriate legal

remedies. You agree that we shall have the right to use the information you provide to us for the

purposes described in this Agreement and in furtherance of your use of the Company App our

services, as per the Privacy Policy.

8.4. Authentications. User may benefit from the basic functions and Services of Company App without

Registration. Upon User’s sole discretion, User may register to Company App using authentication

methods provided to Company by Third Party Partners (such as logging in through the use of

Google, Apple and e-mail accounts r phone numbers). Such Registration allows the User to use

and benefit from additional functions and Services provided by Company App. The responsibility

to ensure the security and to duly store the access tools, if any, (connection by Google, Apple or e-

mail account, etc.) used by the User in order to benefit from the Services offered through Company

App and to keep them away from the reach and use of third parties shall belong to the User. Every

transaction made with the User’s authenticated account, shall be deemed to made by the User

itself. Company shall not be responsible for any direct or indirect damages incurred by the Users

and/or third parties due to all negligence and faults of the User in matters such as security,

storage, keeping away the information of third parties, and use of the User’s means of accessing

the system and Company App. Company shall reserve its right to recourse. Only the Users

registered to Company App following identity authentication may reach certain features of

Company App such as publishing Materials in Company App for other Users to see and any other

feature that may be included in Company App at Company’s discretion. User acknowledges that

without registering to the Application in accordance with this provision, he/she will not be able

to reach certain features provided to Users registered to Company App.

9. UNINSTALL AND REMOVAL OF THE COMPANY APPS

Uninstallation and removal procedures vary depending on your device. To uninstall and remove

the Company Apps, please use the application manager provided with your device or consult your

device manual for further reference.

10. CONSENT TO USE OF DATA AND USER REVIEWS

10.1. You agree that we may collect and use technical data and related information, including and not

limited to technical information about your device, system and application software and

peripherals, that is gathered periodically to facilitate the provision of software updates, product

support and other services to you (if any) related to the Company Apps. We may use this

information as per the Privacy Policy.

10.2. If you choose to provide app store reviews or reviews via any social media channel or other similar

communication or messaging features or services, such information may be made publicly

available, including the public-facing username as it appears with the review. If you prefer that

we do not use promotional purposes, you will be able to elect for us not to do so by submitting

your request to support.fitpath@visionwizard.co (please also indicate your name, mailing

address and email address). For security purposes, please do not include any password, social

security number, national ID number, payment card or other sensitive information via these

features. We have the right, but not the obligation, to monitor messages and communications

between and among Users for security and training purposes. We may, but are not obligated to,

remove any content we deem inappropriate.

10.3. If you download the Company Apps through Google Play or App Store, please be aware that,

posting reviews shall be subject to the relevant virtual store’s policies.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. Company is the sole proprietor of products and/or Company Services, projects, documents used

at the Company Apps in connection with the Company Services and visuals, texts, bulletins,

slogans, videos, designs and know-how and any business data, illustrations, database, system flow

data, logo, emblem and data, ideas or the Company trademarks and trade dressing, flows, source

codes, researches, codes, methods, statistical figures and financial and moral rights and all other

intellectual property rights during preparations for the Agreement and during its term for the

supply of the Company Services. All rights that are vested in it under the Law on Intellectual and

Artistic Works numbered 5846 of Turkey (the “Law No. 5846”) and the applicable legislation in

connection with such contents shall be the exclusive property of Company. Accordingly, the User

agrees and represents that he/she shall not commit any reverse engineering or attempt to find or

acquire the source code of the Company Apps nor shall it violate the security of any network or

crack security encryption codes; it shall not send SPAM mails or load malicious software; that

otherwise the User shall be liable for all losses that Company and third parties may sustain.

11.2. For the avoidance of doubt, “intellectual property rights” means, collectively, rights under patent,

trademark, copyright and trade secret laws and any other intellectual property or proprietary

rights recognized in any country or jurisdiction worldwide, including, without limitation, moral

or similar rights. The User may not delete, alter or remove any copyright, trademark or other

proprietary rights notice Company or Third-Party Partners have placed on or within the Company

Apps. Please be aware that all rights not expressly granted hereunder are expressly reserved to

Company and its licensors. Nothing contained in herein should be construed as granting, by

implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks

or service marks without our express prior written consent.

11.3. Unless otherwise agreed between Company and the User regarding any intellectual property

rights arising from any Company Service prepared and provided to the User by Company,

Company shall grant the right to use of the related Company Services which shall be worldwide,

indefinite and exclusive. In any case, Company has the right to determine the ownership of the

aforesaid intellectual property rights and its usage. However, if Company suggests different

conditions other than the provisions in this clause of this Agreement, it should notify the User until

the Company Service is used or until the commencement of the operations for the Company

Service.

11.4. The User is solely responsible for any content that he/she contributes, submits, displays or for

any adaptations of works made on or through use of the Company Apps. It is the User’s obligation

to ensure such content, including photos, texts, documents, videos and music files are lawful and

does not violate any right including copyright or other intellectual property rights of Company,

other Users, or any other third persons. For the avoidance of doubt; User accepts, declares and

undertakes that it is legally entitled on any data, information or content it uses, and that such use

does not violate any applicable law or third party rights. The User accepts, declares and

undertakes to compensate any damage that may have incurred by both Company and third parties

due to the fact that it is not legally entitled on any data, information or content it uses.

11.5. Company respects and expects its Users to respect the rights of copyright holders. On notice,

Company will act appropriately to remove content that infringes the copyright rights of others.

Company reserves the right to disable the access to the Company Apps or other services by anyone

who uses them to repeatedly infringe the intellectual property rights of others.

11.6. Company also acts to remove objectionable content. The decision to remove objectionable content

shall be made at Company’s sole discretion. Objectionable content includes, but is not limited to:

content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or

libellous; content that is hateful or advocates the hate crimes, hate speech and all types of

discrimination, harm or violence against a person, group or minority; content that may harm

minors in any way; content that has the aim or effect of stalking or otherwise harassing or bullying

another; private information regarding any individual such as phone numbers, addresses,

national ID numbers, Social Security numbers or any other information that is invasive of

another’s privacy; content that is vulgar, offensive, discriminative, obscene or pornographic,

unsolicited or unauthorized advertising, promotional materials, junk mail, SPAM, chain letters,

pyramid schemes or any other form of solicitation; material that contains software viruses or any

kind of malicious software or any other computer code, files or programs designed to interrupt,

destroy or limit the functionality of any computer or mobile device software or hardware or

telecommunications equipment. In this regard, Users agree, accept and undertake not to use

Company Apps:

 In any way that violates any applicable national, federal, state, local

or international law or regulation;

 For the purpose of exploiting, harming or attempting to exploit or harm

minors in any way;

 To generate or disseminate verifiably false information and/or content

with the purpose of harming others;

 To generate or disseminate personal identifiable information that can

be used to harm an individual;

 To defame, disparage or otherwise harass others;

 For fully automated decision making that adversely impacts an

individual’s legal rights or otherwise creates or modifies a binding,

enforceable obligation;

 For any use intended to or which has the effect of discriminating

against or harming individuals or groups based on online or offline

social behaviour or known or predicted personal or personality

characteristics;

 To exploit any of the vulnerabilities of a specific group of persons

based on their age, social, physical or mental characteristics, in order

to materially distort the behavior of a person pertaining to that group

in a manner that causes or is likely to cause that person or another

person physical or psychological harm;

 For any use intended to or which has the effect of discriminating

against individuals or groups based on legally protected characteristics

or categories;

 To provide medical advice and medical results interpretation;

 To generate or disseminate information for the purpose to be used for

administration of justice, law enforcement, immigration or asylum

processes, such as predicting an individual will commit fraud/crime

commitment (e.g. by text profiling, drawing causal relationships between

assertions made in documents, indiscriminate and arbitrarily-targeted

use).

11.7. Company does not and cannot pre-screen or monitor all content. Nevertheless, our

representatives may monitor content submission through the Company Apps, and you hereby

provide irrevocable consent to such monitoring. The User acknowledges and agrees that he/she

has no expectation of privacy concerning the submission of any content. Company has the right,

but not the obligation, in its sole discretion to edit, modify, and refuse to post or remove any

content.

11.8. The User may not use Google Play or any content or the Company Apps in conjunction with any

stream- ripping, stream capture or similar software to record or create a copy of any content or

additional in- app features that are presented to you in streaming format, if any. Besides, the User

may not remove any watermarks, labels or other legal or proprietary notices included in any

content or additional in- app features or attempt to modify any content obtained through Google

Play, including modification for the purpose of disguising or changing any indications of the

ownership or source of content and/or the Company Apps.

11.9. Company shall be entitled to terminate the User’s access to the Company Apps if, under

appropriate circumstances in line with aforesaid provisions, the User is determined to be a repeat

infringer.

11.10. User Content

- You may provide, upload, transmit, create, store, use, edit or share contents such text,

entry, information, question, queries, links, documents, images, photos, visual

records, screenshots, graphics, materials and any other data with or through Services

(Input); and receive content such as text, phrases, responses, links, documents,

images, photos, audio and visual records, voice recordings or other data edited,

created, generated, returned by Services (Output) (Input and Output are together

referred to as User Content). You may only upload, transmit, create, store, use, edit

and share User Content provided that it is in accordance with these Terms and

Conditions including the End-User License Agreement and any other applicable laws.

- You represent and warrant that you own the Input; and have all consents,

permissions, licenses and rights necessary to provide and license the Input as set

forth under these Terms and Conditions; and that you have the legal capacity

necessary to provide and license the Input, and enter into these Terms and

Conditions in the relevant jurisdiction.

- From the time of uploading or transmission of Input, you grant Company non-

exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable,

transferrable, worldwide, license and right to store, use, broadcast, reproduce,

modify, make derivative works of, record, sublicense (on multiple levels), translate,

transmit, publish, publicly display or otherwise exploit, for the limited purpose of

operating, improving, troubleshooting, debugging, protecting and customizing the

existing and future products of the Company and its affiliates, including but not

limited to training Application, developing new features or future products and in all

formats and mediums and with any technology now known or hereafter developed

without notice, permission, payment or any additional compensation to you or a

third party.

- Application or Company does not approve, endorse, verify or control User Content.

You are solely and strictly responsible and liable for User Content and the

consequences of posting or publishing them in any way, including for ensuring that

User Content does not violate any applicable laws and these Terms and Conditions

(including End-User License Agreement); or any rights of other persons. You hereby

confirm that you do not violate any third party's right or privacy when using the

Application. Additionally, you understand and agree that Company shall have no

responsibility or liability whatsoever for User Content and copyrightable materials

such as literary works, phrases, entries, text, and any other materials, which may be

provided to or in the Services.

- You shall not (i) upload, transmit, create, store, edit, use or share any User Content

or (ii) use Application in a manner, that violates these Terms and Conditions

(including End-User License Agreement) and any other applicable laws.

Furthermore, you may not use or benefit from Application to develop models that

may compete with Application or the Company.

- You agree to indemnify and hold harmless the Indemnitees (as defined under End-

User License Agreement) in accordance with Article 15 “Indemnification” of the End-

User License Agreement from any Claim (as defined under End-User License

Agreement) that alleges, directly or indirectly that any User Content provided by you

infringes the Intellectual Property Rights (as defined under End-User License

Agreement) of any third person or that directly or indirectly results from your breach

of these Terms and Conditions

12. RIGHTS INFRINGEMENTS

12.1 Company attaches great importance to confidentiality, intellectual property rights including

copyrights and personal data; takes care to be transparent about them. While using Company

Apps, Users declare and undertake to use Company Apps following the principles in this

Agreement and other texts provided to you by Company. Users shall only upload materials they

produce or are authorized to use to Company Apps. Users declare and undertake to not infringe

of any rights of other Users under this Agreement.

12.2 However, if you believe in good faith that materials transmitted or created through the Application

infringe your copyright, your personal right or privacy; you may send Company a notice

requesting that we remove the material or block access to it by filling out the infringement form.

13. IN-APP PURCHASE AND PAYMENT

13.1. The release and distribution of the Company Apps will take place in the global market through the

Apple App Store and/or Google Play and website. The Company Apps will nevertheless offer

certain features and certain limits to the User as a paid feature. If the User would like to use such

paid features under this Agreement, you will first need to make payment before accessing the paid

feature. For certain membership models, payment and purchase can also be made via Apple App

Store and/or Google Play, if the Company offers the relevant services via mobile application. The

User's purchase and payment processes may vary depending on the platform used. Please make

sure that you carefully read the rules set by the relevant platform regarding purchase and

payment transactions.

13.2. Such purchase features are offered on an annual, semi-annual, quarterly, monthly or a weekly

basis and will be re-billed every year or month depending upon auto-renewable subscription

model, until cancelled by the User. It will be sent an e-mail well in advance of renewal containing

a hyperlink to manage subscription procedure. Purchases that are made on our website are

processed and handled by the Payment Processing Platform of Paddle.com Inc. or Paddle.com

Market Ltd (Paddle.com Inc. and Paddle.com Market Ltd are together referred to as “Paddle”) and

are not stored or processed on our servers (the payment platform, which is used to process your

payment, is referred to as the “Payment Platform”.). By making a purchase, you must also agree

to the Terms and Conditions of the Payment Platform. You acknowledge and agree that you are

fully responsible for managing your purchases on the Application and the amount you spend on

purchase within the Application. For certain membership models, payment and purchase can also

be made via Apple App Store and/or Google Play, if the Company offers the relevant services via

mobile application. The User's purchase and payment processes may vary depending on the

platform used. Please make sure that you carefully read the rules set by the relevant platform

regarding purchase and payment transactions.

13.3. Our online order process is conducted by our online reseller Paddle. Paddle is the Merchant of

Record for our online orders. Paddle provides all customer service enquiries and handles returns.

Your relationship with Paddle is governed by the following Terms and Conditions

https://paddle.com/legal/checkout-buyer-terms and Privacy Policy

https://paddle.com/legal/privacy. Paddle’s Privacy Policy applies whenever your purchase

content using the Paddle. You are responsible for all amounts payable associated with purchases

made through the Payment Platform. Besides, the Payment Platform may make available to you

various payment processing methods to facilitate the purchase. You are required to abide by any

relevant terms and conditions or other legal agreement, whether with the Payment Platform or a

third party, that governs your use of a given payment processing method. The Payment Platform

may add or remove payment processing methods at its sole discretion. You are solely responsible

for all amounts payable associated with purchase you make through the Payment Platform. For

certain membership models, payment and purchase can also be made via Apple App Store and/or

Google Play, if the Company offers the relevant services via mobile application. The User's

purchase and payment processes may vary depending on the platform used. Please make sure

that you carefully read the rules set by the relevant platform regarding purchase and payment

transactions.

13.4. If you are under 18 then you are legally required to have you parents’ or legal guardians’

permission to make any purchases. By completing a purchase, you are confirming to us that you

have any and all permission that may be necessary in order to allow you make that purchase. If

you are a parent or legal guardian of someone under the age of 18, we recommend that you

consider any parental control provided that you are concerned that your child may make

excessive purchases.

13.5. The in-app purchases are purchased from and billed by the Payment Platform, not the Company.

These purchases are subject to the terms and conditions of the Payment Platform. All billing and

refund inquiries shall be directed to the Payment Platform. Having said that, the Company does

not have access to the Payment Platform accounts and transactions. For certain membership

models, payment and purchase can also be made via Apple App Store and/or Google Play, if the

Company offers the relevant services via mobile application. The User's purchase and payment

processes may vary depending on the platform used. Please make sure that you carefully read the

rules set by the relevant platform regarding purchase and payment transactions.

13.6. Provided that it is not due to the User or the device used by the Use or the technical characteristics

of the device used by the User (i) if any purchase is not successfully completed or the services do

not work as specified once the purchase is completed downloaded, or (ii) if your preferred

membership model allows you to use our services through both a mobile application and a web

browser, but you are not able to use our services in either of these after making a purchase for

such a membership, we will, after becoming aware of issue or being notified of the issue by you,

we will investigate the reason for the issue. If you notice such an issue or a similar issue, please

reasonable endeavours to resolve the issue and contact you as soon as possible.

13.7. You acknowledge and agree that all billing and transaction process are handled by the Payment

Platform and governed by the Payment Platform’s terms and conditions/end user license

agreement. If you have any payment related issues with purchases, then you need to contact the

Payment Platform directly. For certain membership models, payment and purchase can also be

made via Apple App Store and/or Google Play, if the Company offers the relevant services via

mobile application. The User's purchase and payment processes may vary depending on the

platform used. Please make sure that you carefully read the rules set by the relevant platform

regarding purchase and payment transactions.

14. TERM AND TERMINATION

14.1. This Agreement shall become effective on the date it is approved and shall remain in force as long

as the User maintains to use the Application and shall continue to be effective and operative as

between Company and the User legally.

14.2. Company may unilaterally terminate this Agreement without any obligation of compensation and

further notice under any circumstance where the User acts in breach of this Agreement, or any

other agreements to be executed or rules applicable to different services offered over the Apple

App Store and/or Google Play or Payment Platform, in particular, following circumstances: if the

User manipulates the operation of the Company Apps by employing any method; if the User acts

in breach of the provisions of this Agreement or any other agreements to be executed over the

Apple App Store and/or Google Play an/or Payment Platform; if the User commits any act that

violates third party rights; if data, contents, visuals, texts and articles shared with the Application,

by the User, have unlawful element or even if they are free of unlawful or immoral elements,

posting such data, contents, visuals, texts and articles at the Application for unlawful or immoral

purposes.

14.3. The User agrees that Company shall not be liable to the User or any third- party for any

termination or disabling of the Company Apps. Promptly upon termination of this Agreement, the

User must cease all use of the Application and uninstall, remove or destroy all copies of the

Application in its possession or control. Having said that, termination shall not limit any of

Company’s other rights or remedies at law.

15. INDEMNIFICATION

15.1. You agree to indemnify and hold harmless Company, its affiliates and Company’s and its affiliates

officers, directors, licensors, partners, shareholders, licensees, contractors, agents, attorneys,

employees and third party service providers (collectively, the “Indemnitees”) from any and all

claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively,

“Claim(s)”), that actually or allegedly and directly or indirectly result from your information, use

of the Company Services or your breach of this Agreement.

15.2. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee,

subject to the relevant Indemnitee’s right to participate with counsel of its own choosing and for

payment of damages or losses resulting from all claims against any Indemnitee provided that you

will not agree to any settlement that imposes any obligation or liability on any Indemnitee without

Company’s prior express written consent.

16. WARRANTY DISCLAIMER

16.1. To the extent this is permitted by applicable law, all the Company Apps are provided on an “AS

IS”; “WITH ALL FAULTS” and “AS AVAILABLE” basis and you use them at your sole risk. Subject to

applicable law, Company, on behalf of itself, and its affiliates, licensors, distributors, vendors,

agents and suppliers, expressly disclaims any and all warranties of any kind, whether express or

implied, including but not limited to the implied warranties of merchantability, non-infringement

and any other warranty arising from the relevant legislation.

16.2. Without limitation, Company makes no warranty that the Company Apps will meet your

requirements, that they will be uninterrupted, timely, secure or error-free, that the results

obtained from the use of the Company products will be accurate or reliable or that the quality of

the Company Apps will meet your expectations. Company assumes no liability or responsibility

for any property damage of any nature whatsoever, resulting from your access to and use of the

Company Apps; any unauthorized access to or use of our secure servers and/or any and all

personal information and/or financial information stored therein; any interruption or cessation

of transmission to or from the Company Apps or servers; any bugs, viruses, Trojan horses or like

which may be transmitted to or through the Company Apps by any third party or any errors or

omissions in any content or for any loss or damage of any kind incurred as a consequence of the

use of any content posted, e-mailed, transmitted or otherwise made available via the Company

Apps.

16.3. Certain Company Apps may allow you to record phone conversations on your Android or iOS

device. Some local, state, federal and international laws prohibit the recording of third- party

audio without all parties’ consent to such recording. You are solely responsible for compliance

with all local, state, federal or international laws regarding call recording and obtaining any

necessary consent. In no event shall the Company be responsible to you or third party for your

failure to comply with local, state, federal or international laws regarding third party audio

recording.

16.4. The entire risk arising out of use or performance of the Company Apps remains solely on you.

Company expressly disclaims all warranties relating to products and/or services provided by

Third Party Partners. This warranty disclaimer constitutes an essential part of this agreement.

17. LIMITATION OF LIABILITY

17.1. To the extent permitted by applicable laws, you expressly understand and agree that Company

shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages,

including but not limited to, damages for loss of profits, goodwill, use, data or other , resulting

from: (i) the use or the inability to use the Company Apps; (ii) unauthorized access to or alteration

of your transmission or data; (iii) statements or conduct of any third party or (iv) any other matter

relating to Company.

17.2. In no event shall Company’s total liability to you for all damages, losses and causes of action

(whether in contract, tort or otherwise) exceed the amount paid by you for accessing the Company

App. The foregoing limitations will apply even if the above stated remedy fails of its essential

purpose.

17.3. Nothing contained in this Agreement shall be deemed or construed to create any employee/

employer relationship under the Labor Code numbered 4857 of Turkey or applicable legislation.

17.4. The Company is committed to ensuring that the Application is as useful and efficient as possible.

For that reason, we reserve the right to make changes to the Application or to charge for its

services, at any time and for any reason. We will never charge you for the Application or its

Company Services without making it very clear to you exactly what you’re paying for.

17.5. Company stores and processes personal data that you have provided to us, in order to provide our

Service. It’s your responsibility to keep your phone and access to the Application secure. We

therefore recommend that you do not jailbreak or root your phone, which is the process of

removing software restrictions and limitations imposed by the official operating system of your

device. It could make your phone vulnerable to malware/viruses/malicious programs,

compromise your phone’s security features and it could mean that the Application won’t work

properly or at all.

17.6. You should be aware that there are certain things that the Company will not take responsibility

for. Certain functions of the Application will require the Application to have an active internet

connection. The connection can be Wi-Fi, or provided by your mobile network provider, but the

Company cannot take responsibility for the Application not working at full functionality if you

don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

17.7. If you’re using the Application outside of an area with Wi-Fi, you should remember that your terms

of the agreement with your mobile network provider will still apply. As a result, you may be

charged by your mobile provider for the cost of data for the duration of the connection while

accessing the Application, or other third-party charges. In using the Application, you’re accepting

responsibility for any such charges, including roaming data charges if you use the Application

outside of your home territory (i.e. region or country) without turning off data roaming. If you are

not the bill payer for the device on which you’re using the Application, please be aware that we

assume that you have received permission from the bill payer for using the Application.

17.8. Along the same lines, Company cannot always take responsibility for the way you use the

Application i.e. You need to make sure that your device stays charged – if it runs out of battery and

you can’t turn it on to avail the Company Service, Company cannot accept responsibility.

17.9. With respect to Company’s responsibility for your use of the Application, when you’re using the

Application, it’s important to bear in mind that although we endeavor to ensure that it is updated

and always correct, we do rely on third parties to provide information to us so that we can make

it available to you. The Company accepts no liability for any loss, direct or indirect, you experience

as a result of relying wholly on this functionality of the Application.

17.10. At some point, we may wish to update the Application. The Application is currently available on

iOS and Android – the requirements for system (and for any additional systems we decide to

extend the availability of the app to) may change, and you will need to download the updates if

you want to keep using the Application. The Company does not promise that it will always update

the Application so that it is relevant to you and/or works with the iOS or Android version that you

have installed on your device. However, you promise to always accept updates to the application

when offered to you. We may also wish to stop providing the Application and may terminate use

of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon

any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must

stop using the Application, and (if needed) delete it from your device.

17.11. While using the Application, please be aware that the services provided by the Application cannot

be deemed professional healthcare and/or mental health services, therefore shall not be

considered as a medical and/or professional advice. The Company shall not be responsible any of

the information, data, communication provided as an Output through the Application.

17.12. Medical Disclaimer

- We only provide services to enable users to set goals and reminders on their intended

lifestyle, and to monitor progress towards their intended lifestyle goals. We make no

guarantees or promises in relation to the level of progress you may experience.

- The Application may contain contents that involve physical activity etc. However, they are

not intended to provide any advice (including medical advice or services, diagnosis or

treatment). Users engage in any exercise, physical activity, diet or fasting at their own

responsibility and risk. We do not promote, advise or otherwise suggest any type of

fasting, diet or physical activity, exercise. The Use of the Application is exclusively at your

own risk.

- The Services may not be appropriate for all persons. The Services are intended for use

only by individuals who are healthy enough and physically and mentally resilient to make

changes to their diets and lifestyles. We advise all our users to consult a professional and

licensed health care provider before deciding to engage in any type of fasting or diet or

implementing any changes to your diet or before using our Services.

- The persons (i) with or with the suspect of any medical condition, such as diabetes or

cardiovascular problems, lung or respiratory diseases (including asthma), neuromuscular

diseases, surgery

or other health restrictions

, (ii) who are or are suspected to be pregnant

or breastfeeding, or (iii) who are underweight; (iv) who are under age of 18 years of; (v)

who are above 65 years old; (vi) who have an eating disorder; (vii) who feel unwell after

fasting or after physical activity, or (viii) who have a mental health condition

(ix)

or who

use medications that might have an impact on their dietary requirements

should not use

our Services

and they should always consult a professional and licensed health care

provider regarding their dietary habits.

- Our Services are not intended, prepared, developed or implied to be used for the diagnosis,

prevention or treatment of any illness, disease or condition, or to be a substitute for

medical advice, medical care or psychological counselling.

- The Application or Company is not a medical or health care professional in any sense and

does not provide services in the diagnosis, examination or treatment of medical or health

conditions of any kind. We have no expertise in these areas.

- Using the Services or any other communication from us does not create or imply a medical

professional/health care provider-patient relationship whatsoever (e.g. doctor-patient or

psychologist-patient relationship).

- The Application or Company does not and is not obliged to provide emergency services of

any kind. There is no obligation for us to contact you or anyone else regarding your

medical or health condition or their treatment. In the event of a medical emergency, you

should call your local emergency service.

- We recommend that you always consult a professional health care provider if you have

any questions about your health, medical or mental condition.

- You should never disregard, avoid or delay seeking professional medical care and advice

because of anything you have read or obtained through the Services.

- You should immediately consult a professional health care provider if you have or suspect

that you may have a medical condition or a mental health concern.

- Furthermore, you understand and agree that although Output is provided to you or certain

contents are displayed through the use of Services (i) Output and contents are not

prepared or provided by individuals in the medical or health profession; (ii) Output and

contents might be false, inaccurate or misleading; (iii) Company does not represent or

warrant that Output and contents are accurate, genuine or true, or suitable for your use

or needs; (iv) Output and contents are not advice, guidance or information provided by

the Company in any way; (v) the Company shall not have any obligation or liability

whatsoever for Output or contents; and Company is not liable for any damage (including

any direct, indirect, special, consequential damage or exemplary damages, including, but

not limited to, lost profits, lost revenue, lost time, loss of use, data or good-will, intangible

losses or any other type of damage whether in contract, tort, under any other legal theory

[including, without limitation strict liability and negligence]) resulting from or in relation

to the Output or contents; (vi) your use of any Output and contents is entirely at your own

risk; (vii) you should not rely on the Application or Output or contents as your source of

information.

18. FORCE MAJOR EVENT AND APPLICABLE LAW

18.1. In all circumstances that constitute a force major event in legal terms, Company shall not be held

liable for its failure to perform its obligations hereunder or to perform them late or incompletely

agreed herein. Such failures shall not be considered a default, or incomplete or faulty performance

and no claim of compensation shall be made against Company.

18.2. The term “force major events” herein refers to any event that is beyond the reasonable control of

the affected party and that cannot be avoided despite the reasonable care and diligence shown by

Company, including but not limited to God’s acts, riots, insurgences, turmoil, war, communication

interruptions, infrastructural and internet network failures, power failures, mobilization, strike,

fire, explosion, terrorism, cyber-attack, long-term and far-reaching power outage, internet outage,

computer viruses, legislative amendments and adverse weather conditions.

18.3. The User shall not be able to accrue default interest or claim indemnification from Company under

any name whatsoever for the delayed, incomplete or non-performance of any of the provisions in

this Agreement due to force majeure events.

18.4. This Agreement and legal relations arising hereunder shall be governed and construed as per

Turkish law. Turkish Courts (Istanbul (Çağlayan) Courts and Execution Offices)) shall have

jurisdiction over any actual or potential dispute arising from this Agreement. To the maximum

extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and

waive any objections to such jurisdiction and venue.

19. ENTIRE AGREEMENT AND SEVERABILITY

19.1. These Terms constitute the entire agreement between you, as the User, and Company relating to

the use of Company App and Services and supersedes all prior or contemporaneous

understandings regarding such subject matter.

19.2. No amendment to or modification of this Agreement will be binding unless in writing and signed

by Company. The failure of either party to enforce any rights granted hereunder or take action

against the other party in the event of any breach herein shall not be deemed a waiver by that

party as to subsequent enforcement of rights or subsequent actions in the event of future

breaches.

19.3. Any translation of this Agreement is done for local requirements and in the event of a dispute

between English and any non-English versions, the English version of this Agreement shall govern

to the extent not prohibited by law.

19.4. If any terms or provision of this Agreement is declared void or unenforceable in a particular

situation, by any judicial or administrative authority, this declaration shall not affect the validity

of enforceability of the remaining terms and provisions hereof or the validity or enforceability of

the offending term or provision in any other situation. To the extent possible the provision will be

interpreted and enforced to the greatest extent legally permissible in order to effectuate the

original intent and if no such interpretation or enforcement is legally permissible, shall be deemed

severed from the terms.

If you have any questions or suggestions about this Agreement, do not hesitate to contact us at

via support.fitpath@visionwizard.co.