This User Agreement (the “Agreement”) has been entered into between BENDAİ TEKNOLOJİ ANONİM ŞİRKETİ (the “Company”, “Obiy”, “Bendai”), located at Esentepe Mah. Harman1 Sk. No:7-9 İç Kapı No: 60 Kat:20 Nida Kule Levent Şişli/İSTANBUL, and the user (the “Member”, “Members”), in order to set out the terms and conditions governing the Member's registration on the mobile application and/or website on which Bendai Teknoloji Anonim Şirketi presents this Agreement to the User, and the Member's use of the other services offered by Bendai Teknoloji Anonim Şirketi as referred to in this Agreement.
Obiy is an innovative digital platform that provides access to AI-powered content creation, content sharing, community interaction and digital services. Through Obiy, Users may create, share and publish text, visual, video and audio content and benefit from the various digital services offered by the platform.
Bendai is not a content provider, training provider, consultancy provider or service provider; it is solely the platform operator providing the technical infrastructure. The rights and obligations arising from the transactions carried out on the Platform belong to the relevant user.
By approving this Agreement, or by downloading and using the Platform after being directed from other applications and/or through advertisements, and/or by carrying out transactions through the Platform, the User shall be deemed to have agreed to become a user of the Platform within the framework of the terms set out in this Agreement.
In this User Agreement, Bendai and the user shall be referred to individually as a “Party” and collectively as the “Parties”.
3.1. A person wishing to obtain User status shall, by approving this Agreement electronically, provide the information requested on the Bendai website or mobile application completely, accurately and up to date; the person is solely responsible for the accuracy of the information provided.
3.2. The User status takes effect as soon as the application has been reviewed by Bendai and approved by electronic means, whereupon the User obtains the opportunity to benefit from all the rights and advantages granted to the User on the Platform.
3.3. In order for natural persons to be able to apply, they must have completed eighteen (18) years of age and must comply with the applicable legislation and other conditions determined by Bendai; otherwise, the application may be rejected.
3.5. In the event of a dispute as to which person the User rights and obligations belong to, and where the persons in question make a request to Bendai in this regard, Bendai shall have the right to act on the basis that the last person who made a payment to Bendai for any Service using the relevant User account is the owner of the Membership account, and to carry out transactions accordingly.
3.6. The User is obliged to update its information immediately in the event of any change; this process may be carried out through the call center, the user panel on the Platform or other channels offered by Bendai. The updates made may also take effect simultaneously on the other websites and mobile applications offered by Bendai, and the User accepts this in advance.
3.7. The User account is specific to the User who created it; the User shall not allow a third party to use its membership account and shall not use the membership accounts of other users.
3.8. When using the Platform, the User shall declare its personal information and, at the time of payment, its credit/debit card and account information truthfully. Where the declaration is made by a natural person representing a legal person, that person undertakes that it is authorized to represent the relevant legal person; in the event that it is determined that the authority of representation does not exist, the natural person accepts and undertakes that it is personally liable for all obligations that have arisen and may arise. Bendai is not obliged to check the accuracy and currency of this information shared by the User on the Platform; likewise, the sharing of misleading or deceptive information constitutes a breach of the agreement.
3.9. The User making a purchase accepts and undertakes to declare information such as the delivery address, billing address and contact details completely, currently and accurately, and that this information may be shared by the Marketplace with the Seller. Bendai is not obliged to check the accuracy and currency of such information. Liability for any damages incurred by the recipient of the service, the Sellers or third parties due to this information being incorrect or incomplete belongs to the user carrying out the transaction.
3.10. Except for the Services offered directly for sale by Bendai, Bendai makes no undertaking as to the accuracy, currency, reliability or compliance with legislation of the visual, written or other content available on the Platform. Likewise, the obligation to verify the accuracy of such content or to investigate the lawfulness of the transactions carried out through the Platform does not belong to Bendai.
3.11. The User accepts, declares and undertakes that, in all transactions it carries out on the Platform, it shall act in accordance with the provisions of this Agreement, the Platform rules announced or notified by Bendai, the applicable legal regulations and moral rules; and that all legal and criminal liability relating to these transactions belongs to the User.
3.12. The User is responsible for ensuring the accuracy of its own account, username and password and of all information that must be included on the platform, and for ensuring that this information is included on the platform in a current and complete manner. The User accepts, declares and undertakes that Bendai is not liable for any of the damages that have arisen or may arise from this information being obtained by third parties. In any situation where it has doubts regarding the security of accounts, Bendai is authorized to suspend or completely close the account belonging to the relevant user without any notice.
3.13. The User accepts, declares and undertakes that it will accept that all the business and transactions carried out with its own account were carried out by itself, that it will be responsible for all situations arising from such business and transactions, and that it may not raise any objection to the contrary or evade its obligation.
3.14. The User accepts that it will not act contrary to the Platform rules and other rules determined or notified by Bendai; and that it will not carry out any transaction contrary to the applicable legislation and general moral rules. The Member accepts, declares and undertakes that, in the event of acting contrary to these rules, Bendai has the authority to restrict, suspend or completely remove the user's account, without prejudice to Bendai's rights of action and enforcement.
3.15. The User shall not use the Bendai website and mobile application in a manner contrary to law and morality, including in particular the following cases:
The Member is obliged to carry out the transactions it performs on the website and mobile application in a manner that does not technically cause any harm whatsoever. The Member accepts and undertakes that it has taken all necessary measures, including the use of necessary protective software and licensed products, to ensure that all information, content, material and other content it provides to the website and mobile application does not contain any program, virus, software, unlicensed product, Trojan horse or the like that would harm the system. The Member also accepts that it will not access the My Account Page by means of robots or automated login methods.
3.16. The User accepts that all personal data, information, photographs, videos, ideas, expressions, comments, ratings, correspondence and all other content (the “User Content”) that it uploads and provides during registration on the Bendai website or mobile application or while using the Platform will comply with this Agreement, the rules notified by Bendai to users, the relevant legislative provisions and moral rules, and accepts the following matters:
Bendai has no responsibility to control the content of users; users are separately responsible for their content. The User accepts that it is obliged to compensate all damages incurred by Bendai or third parties due to its content. Bendai may inspect user content irrespective of whether a complaint is made, or by reason of any notice or complaint; it may remove, modify or refrain from publishing content it deems necessary, and may completely restrict the user account, without prejudice to its rights of action and enforcement.
3.17. The User accepts, declares and undertakes that, by producing User Content through the Bendai website or mobile application, all intellectual and industrial property rights and other rights relating to such content belong exclusively to the User, that this content does not belong to any natural or legal person, that it is personally responsible for any and all damages that have arisen or may arise in respect of these matters, and that Bendai has no liability in this regard.
3.18. In order to make the user experience secure, uninterrupted and high-quality, Bendai continuously keeps its digital infrastructure up to date and takes reasonable technical measures. However, the User is obliged to take its personal measures against all digital threats such as viruses, malware, Trojan horses, spyware, adware, spam, bots, worms and the like that may occur on the devices through which it accesses the Platform. Bendai gives no express or implied warranty that the content accessible or downloadable through the Platform and the links provided by third parties are entirely harmless; in this context, it cannot be held liable for any direct or indirect loss such as information loss, data leakage, system crash, hardware failure or third-party damage that may occur on devices, networks or software. The User accepts, declares and undertakes that it must take the necessary digital security measures (using licensed antivirus software, configuring firewall settings, carrying out transactions with up-to-date operating systems, etc.) itself, and that all risk and responsibility in this regard belongs to itself.
3.19. Bendai reserves the right not to accept user applications to the Platform without showing any justification, entirely at its own discretion. Furthermore, Bendai may put into effect any structural, content-related or policy-related change it makes on the Platform without being obliged to announce it in advance. Such changes shall be deemed valid and binding from the moment they are published on the Platform. By continuing to use the Platform, the User accepts, declares and undertakes these changes.
3.20. Users may request the closure of their accounts at any time. However, the relevant request will be evaluated by Bendai within a reasonable period, and the account closure process will be concluded within at most thirty (30) business days following the completion of the necessary examinations. Bendai may postpone or reject the closure process for reasons of security, legal obligations or system-related reasons. The closure of the account does not give rise to any right over past transactions and obligations that have arisen.
3.21. Bendai reserves the right, entirely at its own discretion, to suspend, remove, modify, update, render subject to charge, in whole or in part and temporarily or permanently, the services and content it offers on the Platform, or to add new features and add-ons. Bendai has no liability whatsoever for any direct or indirect damage that may arise on the part of users and/or third parties due to the changes carried out in this context.
4.1. The AI-powered services offered on the Obiy Platform operate through automated systems and third-party technologies. The text, visual, video, audio and all other AI outputs created through the Platform may contain errors, omissions, inaccuracies, currency issues, inconsistencies or unexpected results. Bendai Teknoloji Anonim Şirketi does not guarantee the accuracy, reliability, lawfulness, originality, fitness for a particular purpose or any result of the content created by artificial intelligence. The User accepts that all risks that may arise from the use of AI outputs belong to itself.
4.2. The relevant User is solely responsible for any text, visual, video, audio recording, comment, profile information and other digital content created, uploaded, shared, published or made accessible on the Platform. The User accepts and undertakes that the content it uploads to the Platform or shares through the Platform is lawful and does not infringe third parties' copyright, trademark rights, design rights, patent rights, personality rights, image rights, the privacy of private life and other rights.
4.3. The User declares that the ownership of the rights over the content it uploads to the Platform belongs to itself, or that it holds all necessary permissions, licenses and authorizations to use and share such content. Any and all legal, criminal and administrative liability arising from the content uploaded to the Platform by the User belongs to the relevant User.
4.4. The User accepts that, for the purposes of operating, developing and maintaining the Platform and providing the services, it grants Bendai Teknoloji Anonim Şirketi a worldwide, non-exclusive, royalty-free and sublicensable usage right to store, host, reproduce, process, transform, display, publish and use the content it uploads within the scope of technical requirements. This usage right shall be used solely for the purpose of carrying out the activities of the Platform and does not eliminate the User's ownership rights over the content.
4.5. Bendai Teknoloji Anonim Şirketi is not obliged to review or inspect the content available on the Platform in advance. Nevertheless, Bendai reserves the right, at its own discretion, to remove, block access to or limit the visibility of content that it considers to be contrary to this Agreement, the applicable legislation or the rights of third parties, or to suspend or terminate the relevant user account.
4.6. Bendai Teknoloji Anonim Şirketi cannot be held liable for direct or indirect damages, third-party claims, copyright infringements or legal disputes arising from user content or AI outputs. The User accepts to cover any and all damages, compensation, administrative fines, litigation costs and attorney's fees that Bendai may incur due to the content it has created or shared on the Platform.
5.1. Within the scope of this User Agreement, Bendai attaches the utmost importance to the processing, protection and security of users' personal information, in full compliance with the applicable personal data protection legislation. Bendai may process the personal data obtained during the membership process and during the performance of the services for legitimate purposes such as the completion of orders, the carrying out of deliveries, the improvement of the user experience, ensuring account security, combating fraud, preventing abuse of the platform and resolving any legal disputes that may arise, and may share them with authorized third parties where necessary.
5.2. Bendai aims to offer a rich range of products suited to users' needs and preferences on the Platform in a fast and easily accessible manner. In this context, in order to improve the user experience and provide personalized recommendations, the processing of data relating to users' preferences is mandatory, and users accept the processing and analysis of their personal data in this context.
5.3. Users may access detailed information regarding the processing and sharing of their personal data from the “Privacy Notice on the Protection of Personal Data”, which is available on the Platform and is an integral part of this agreement. Bendai reserves the right to update this text in accordance with changes in the applicable legislation and company practices.
5.4. When the membership ends or the user account is closed, Bendai, upon completion of the purposes of processing the personal data, permanently deletes or anonymizes this data in accordance with the legislation. However, data that is legally required to be retained continues to be kept in a secure environment within the framework of legal obligations; throughout this process, the utmost respect is shown to the rights of users.
6.1. Where the user gives its consent to commercial electronic messages, Bendai may send messages to the telephone number and e-mail address in the user's account.
6.2. The User may request the cancellation of commercial electronic messages at any time.
7.1. All content, product information, visuals, logos, software codes, texts, videos, designs, databases, trademarks and all other intellectual and industrial property elements on the Bendai platform belong exclusively to Bendai or its authorized licensees. These elements are protected within the scope of the relevant legislation.
7.2. Users may access the Bendai platform only for personal and lawful purposes and may benefit from the services offered by the platform. Without Bendai's written permission, the copying, reproduction, publication, modification, distribution, transfer to third parties or commercial use of all or part of any content on the platform is strictly prohibited.
7.3. The intellectual property rights of the content created by users on the platform belong to the relevant user. However, the user accepts that it grants an indefinite, irrevocable, royalty-free and non-exclusive usage right for this content to be used by Bendai on the platform for promotional, publication and marketing purposes.
7.4. Bendai reserves the right to exercise all its legal rights, including the removal of the relevant content, the blocking of access and the initiation of the necessary legal proceedings, in cases where intellectual property rights are infringed.
7.5. The User accepts, declares and undertakes that it will respect intellectual property rights while using the platform and will refrain from conduct that would infringe these rights.
8.1. Bendai reserves the right to make unilateral changes to this membership agreement and to the terms, content and policies relating to the services offered on the platform.
8.2. The changes made take effect from the moment they are published on the platform by Bendai and are binding on users. Bendai may announce the changes to its users without making any additional notification; users shall be deemed to have consented to these changes by continuing to use the platform.
8.3. If the User does not accept the changes made to the agreement, it has the right to close its membership account immediately following the publication of the change. Otherwise, the parties accept that the changes shall be deemed to have been accepted.
8.4. Bendai exercises the utmost care in announcing changes to the agreement and policies and may use various communication channels to inform users.
9.1. Bendai's failure to exercise or delay in exercising any of the rights it holds under this agreement does not mean that it has waived these rights and does not constitute an obstacle to the exercise of these rights in the future.
9.2. Unless Bendai makes a clear and explicit declaration of waiver in writing, the rights and obligations arising from the agreement shall not be deemed to have been waived.
9.3. Declarations of waiver shall be valid only if made in writing and signed by the authorized representatives of the relevant parties.
10.1. Bendai cannot be held liable for failing to perform its obligations under the membership agreement, in whole or in part and temporarily or permanently, in situations that render the performance of the parties' obligations impossible or excessively difficult, developing beyond its reasonable control and unforeseeable, including but not limited to natural disasters, fire, flood, earthquake, storm, epidemic disease, war, mobilization, acts of terrorism, riot, insurrection, strike, lockout, infrastructure and internet outages, serious disruptions in the energy supply, decisions and interventions of state institutions, changes in legislation, restrictions of official authorities and/or decisions taken by competent authorities (“Force Majeure”).
11.1. The User expressly accepts, declares and undertakes that, in any dispute that may arise from this Agreement, Bendai's commercial books, record systems, digital archives, server data, information and documents kept in electronic environment and computer records constitute conclusive, binding and exclusive evidence, and that this provision constitutes an evidentiary agreement within the framework of the Code of Civil Procedure.
11.3. This agreement contains all the provisions agreed upon between the parties regarding the use of the Platform. In the event that any provision of the agreement becomes invalid, void or unenforceable, this shall not affect the force and validity of the remaining provisions of this Agreement.
11.4. The User may not transfer its rights and obligations arising from this agreement to third parties without Bendai's written permission.
This Agreement has been approved electronically by the User, with each of its provisions read and fully understood. This Agreement has entered into force for an indefinite period as of the moment it was approved.
If you have any questions about this User Agreement, please get in touch with us.
✉️ info@obiy.com