ARTICLE 1 - PARTIES
1. This agreement ("Agreement") and its annexes shall be signed between Novus Medya ve Teknoloji Anonim Şirketi" ("Novus or the Company") established in YEŞİLCE MAH. EMİRŞAH SK. NO: 21 İÇ KAPI NO: 2 KAĞITHANE / İSTANBUL and with the website of https://novuswriter.ai/ ("Site") and the User who benefits from the Novus Writer application within the conditions specified in the Agreement.
ARTICLE 2 - DEFINITIONS
2.1. In the application and interpretation of the Agreement, the below definitions are made:
Application: The application software created and developed by Novus and running on all internet browsers and all mobile devices, and all virtual reality channels where products and services created in connection with this software are offered.
User: Natural and legal persons who log in to the Application through any membership system offered by the Application and benefit from the services offered by Novus from the Application within the conditions specified in the Agreement,
System Access Tools: The User's profile page, the User's username, password and similar information that enables the User to access the Application and is in the User's knowledge,
Communication Channels: Communication channels such as instant notification, e-mail, SMS, mms, telephone notification,
User Profile Page: The user's private web page that the user uses only for the business and transactions related to his/her membership, which he/she accesses only by using the system access tools
Parties: Novus and the User.
ARTICLE 3 - SUBJECT MATTER AND SCOPE
3.1. The subject matter of the Agreement is; all products and services that are currently available in the Application for the User and/or that may be offered by Novus in the future, the conditions for benefiting from these products and services, the features of the User's Profile Page in the Application and the rights and obligations of the parties.
4.1. In order to use the Application, the User must purchase one of the monthly or annual plans available on https://novuswriter.ai/plans and comply with the payment obligations stipulated in the plan.
4.2. The User may make the payment for the plan selected through any of the payment options available on the Website. The bank information entered by the User while making payment is processed, secured and used as a result of third-party software and services. Novus never has access to this information and has no responsibility for its security.
4.3. In the event that any of the articles listed in this Agreement are violated, the User agrees and undertakes that they will be responsible for all damages that may arise for this reason and that Novus will keep Novus free from all damages, claims and all kinds of lawsuits that may arise for this reason and will indemnify Novus against them.
4.4. Novus may unilaterally terminate the Agreement and terminate the User's use of the Application at any time without giving any reason, without any notice and without any obligation to pay any compensation and with immediate effect.
ARTICLE 5 - MUTUAL RIGHTS AND OBLIGATIONS
5.1. Novus may unilaterally change the terms of the Application. Novus will send the new terms to the Users as a notification in the Application. Changes shall enter into force as soon as Novus makes the change.
5.2. In cases where Novus is obliged to make a disclosure to the official authorities as required by any law, Novus will share the information obtained from the User within the scope of the Application with the official authorities.
5.3. The User is solely responsible for the accuracy and timeliness of the information entered into the Application when logging into the Application or creating the User Profile Page. Novus has no obligation to ensure the accuracy and timeliness of such information and under no circumstance Novus shall be held liable.
5.4. The Parties are obliged to ensure the security of personal and confidential information obtained under the Agreement, to take the necessary measures, to act in accordance with the principles of confidentiality, to prevent the use of such information by unauthorized persons and to take all measures to protect it from any misuse.
5.5. The User accepts that all transactions made on the User Profile Page are carried out exclusively and independently by the User. The Application may not be used in any way that violates public order and public morality and violates any rights of others. Otherwise, the User shall be solely and exclusively responsible for all legal and criminal sanctions that may arise and Novus shall not have any responsibility. The User agrees to indemnify Novus for any damages incurred by Novus as a result of technical operations or attacks performed on the User Profile Page.
5.6. The User must not share the password received while becoming a member of the Website with any third party and must keep it securely. The right to use the password belongs only to the User. All legal and criminal liability for damages arising from the use of the password by third parties due to the User's fault belongs to the User. Novus is not responsible for any unauthorized interception of this data.
5.7. The design and software of the Application (including but not limited to general appearance, design, text, image, logo, icon, demonstrative, technical data presented in written, electronic, graphic or machine readable form, Novus brand, applied business method and business model, software code and other codes) and all contents contained in the Application, all utility models/patents and inventions contained in the Application, including images, graphic images, videos, illustrations, pictures, text, and all improvements and developments relating thereto (whether patentable or not and whether or not practiced); (ii) all trademarks, service marks, trade dress, trade dress, domain names, logos or other marks of origin and the value of the business symbolized thereby and domain names; (iii) all copyrights and copyrightable works (including all website content, documentation, advertising, copying, marketing material, specifications, translations, illustrations, graphics and software code); (iv) industrial design rights; (v) all registrations, applications, provisional registration certificates, continuations, partial continuations, divisional patents, reexaminations, re-examinations, re-registrations, renewals, foreign equivalents thereof, and similar intellectual and industrial property rights relating to any of the foregoing (i) through (iv) are owned by Novus and/or Novus is the licensed user of such rights. These cannot be used in any medium for any purpose without the written permission of Novus. The User may not access Novus's non-public services, database and data created for Novus application under any name and title without the express permission of Novus. The User may not process, utilize or work on any intellectual property rights elements that are or may be included in the Application, especially those listed in this article, without permission and/or exceptions provided to the User in the legislation. Otherwise, he/she shall be liable to indemnify all damages incurred by Novus.
5.8. The User agrees to comply with all legal legislation and the terms of this Agreement when using the Site and/or Application. The Application may not be used in any way that disrupts public order and violates public morality and violates any rights of others (spam, virus activities, etc.). Otherwise, the User will be responsible for all legal and criminal sanctions.
5.9. Novus reserves the right to unilaterally change the products and services and contents offered in the Application at any time without any prior notice, this may include but not limited to closing the information and contents uploaded by the User to the system to the access of third parties, including the User, and to delete them. If the changes and/or correction requests requested by Novus from the User are not fulfilled within the specified period, the User will be responsible for the damages that have arisen and may arise, and Novus may suspend the User's use of the Application completely or temporarily if it wishes.
5.10. Due to the purpose of Novus's operation and the Application, links to certain websites or contents that are outside the control and supervision of Novus may be provided in the Application of in the Website. These links cannot be interpreted in any way as fully reflecting Novus' world view, ethical and editorial principles or as being supported by Novus. Novus does not provide any warranty or guarantee for the information contained in the relevant links. Novus does not make any recommendation and advice and does not give any trust, declaration and guarantee to the User in these matters, including but not limited to the content of the websites of third parties; that it is legal, accurate, reliable, appropriate and appropriate, that the information, data, software, products or services used in its content are of merchantable quality, that the operation and administration of the website will be error-free and uninterrupted, and defects will be corrected, that the website is cleaned from damaging elements and viruses. The portals, websites, files and contents accessed through the links on the Application, the services or products offered from the portals or websites accessed through these links or their contents are at the User's sole risk and Novus shall have no liability whatsoever.
5.11. Novus may, when necessary, for technical reasons such as ensuring the digital and cyber security of the Application, developing and correcting the object and source codes of the Application, preventing malfunctions or for other technical reasons.
ARTICLE 6 - SERVICES
6.1. Through the Application, Novus provides Users with content creation services using Novus Writer or similar artificial intelligence owned or licensed by Novus. The User acknowledges that Novus Writer, the artificial intelligence product of Novus, which is made available to the User in the Application, is an artificial intelligence technology and that the content to be created by the User is created with this technology, the User further acknowledges that artificial intelligence technologies are still developing and that products produced using artificial intelligence technology need human supervision and control. Therefore, the control that the content of the artificial intelligence product created by the User is in accordance with the law belongs exclusively to the User. The User agrees that Novus shall have no liability for any damages suffered or to be suffered for this reason.
ARTICLE 7 - APPLICABLE LAW
7.1. Turkish Law shall apply in the implementation and interpretation of this Agreement.
ARTICLE 8 - FORCE MAJEURE
8.1. The term force majeure shall be construed as unavoidable events beyond the reasonable control of Novus, including but not limited to natural disasters, riots, war, strikes, attacks on the Application and/or the User Profile Page and/or any elements and systems of the Application despite Novus taking necessary information security measures and which Novus cannot prevent despite exercising due diligence.
8.2. In all cases of force majeure, the Parties shall not be liable for late or incomplete performance or non-performance of any of their respective obligations under this Agreement.
ARTICLE 9 - VALIDITY OF THE RECORDS
9.1. The User agrees that the records of Novus shall constitute conclusive evidence in disputes that may arise from this Agreement.
ARTICLE 10 - NOTIFICATION ADDRESSES
10.1. The electronic mail addresses of the Parties in the Agreement shall be deemed to be the electronic mail from which the legal address will be requested for any notification to be made in relation to the Agreement.
10.2. The Parties agree that unless they notify the other party in writing of any changes to their existing electronic mail within 3 (three) days, any requests to the old electronic mail shall be valid and deemed to have been made to them.
ARTICLE 11 - CONFIDENTIALITY
11.2. The Parties are obliged to ensure the security of personal and confidential information obtained under the Agreement, to take the necessary measures, to act in accordance with the principles of confidentiality, to prevent the use of this information by unauthorized persons and to take all measures to protect it from any abuse.
ARTICLE 12 - TERMINATION OF THE AGREEMENT
12.1. This Agreement shall remain in force until the cancellation of the membership or termination of the Agreement by the Parties. Novus, in the presence of a just cause; The User may terminate this Agreement at any time by notifying info@[.....].com.tr in writing. Upon receipt of the written notification by Novus, the Agreement shall be terminated and the User's registration and information shall be deleted from Novus records within the framework of the applicable legislation.
ARTICLE 13 - DISPUTE RESOLUTION
13.1. All disputes arising from this agreement may be filed with the Consumer Arbitration Committee or the competent Consumer Court in the place where the User's residence is located or where the transaction is made.
ARTICLE 14 - WAIVER
14.1. The failure to enforce any part of this Agreement shall not constitute or be construed as a waiver by Novus of its right to enforce it.
ARTICLE 15 - EFFECT
15.1. The Agreement is 15 (fifteen) articles and is established and entered into force at the same time as the User becomes a member of the Application.