User Agreement
1-PARTIES AND DEFINITIONSCONSULTANT:Title: EKATERINA LINDNER
Türkiye,
Muğla, Bodrum
Konacık Mah., 5902 SK.,
A Blok No: 1A İç Kapı No:1
Tax No: 2090606287
E-mail: e@mynd.solutions
The Client is the person using the digital product or service (video, email, online workshop - video/audio, etc...) that is the subject of this agreement. The Client acknowledges and undertakes that the information provided during the establishment of this agreement is complete and accurate and that they will not use the digital product/service package subject to this agreement for any unlawful purpose.
2-SUBJECTThe subject matter of this agreement is the sale of the digital product or service purchased electronically by the client from the website https://mynd.solutions or https://myndsolutions.tilda.ws website, and the determination of the rights and obligations of the parties in the process of service or product delivery covered by this agreement, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation.
The products/services subject to this agreement will be provided online via applications such as Digital Product Download, Zoom, or Telegram. Individual or group services include guided meditations, self-regulation and relaxation digital packages containing videos and visuals, as well as workshop recordings and online streaming services (such as relaxation breathing, guided meditation and similar ones).
The Client acknowledges and declares that they are aware of all preliminary information regarding the basic characteristics of the service/product subject to sale, the sale price, the payment method, etc., that they have approved this preliminary information electronically, and that they have subsequently purchased the service/product electronically in accordance with the provisions of this agreement.
3- FEATURES AND FEE OF THE PRODUCTS/SERVICESThe Client acknowledges that this Distance Sales and Services Agreement includes digital content and services, the features of which are detailed herein.
Other features and terms of use of the purchased service/product are specified in the information on the website.
The digital product/service belonging to the consultant covered by this Agreement is provided to the client on a limited and temporary basis within the terms of the Agreement.
4. PRODUCT ACCESS PERIODThe product/service access period is limited to the usage period of the daily/weekly/monthly/annual packages selected by the client.
5. RIGHT OF WITHDRAWAL AND CANCELLATIONPursuant to legal regulations, no refunds or returns are possible for online services or products after 7 days of purchase.
The client has the right to withdraw from the service after making the full payment. The client must notify the Consultant of their withdrawal in writing via email within 24 hours after making the payment. Cancellations not made in writing via email within 24 hours are invalid.
Workshop cancellations not made in writing via email within 24 hours are invalid. If the cancellation of workshops which were not attended is not requested according to this rule, no refund will be made, and no refund will be made for classes not attended.
6. PAYMENT METHODPayment by Wire Transfer/EFT: This payment method involves sending the service/product fee to the bank account of the Consultant's via wire transfer/EFT/SWIFT. The Consultant is not responsible for any related wire transfer/EFT/SWIFT fees; the Client is responsible for these fees.
Service/product delivery begins once the payment has been transferred to the authorized salesperson's account, and the fee is paid in advance.
Payment via Lindner "Unplugged" with Stripe: This is an online payment method using a credit/debit card via our partner's company's provided link sent by the Consultant. The Consultant is not responsible for the commission fee charged for online payments made via Stripe and is processing such payments via an Service Agreement with Lindner "Unplugged".
7. DELIVERY AND PERFORMANCE OF THE SERVICE/PRODUCTThe client acknowledges that the sale of the service/product is considered complete once they have read and approved this agreement and made the payment for the service/product, without the need for any further action. Thus, the service/product will be made available to the client or the person designated by the client to benefit from the service/product ("User") for the specified duration, time, and conditions via a link to a digital product dowload, applications such as Telegram, Zoom or similar, and methods such as video sharing. Depending on the product/service purchased, it will be delivered immediately or according to the description on the product page (e.g. on the date published)
The Client acknowledges that during the establishment of this agreement, the Consultant has provided the necessary information regarding the processing of personal data belonging to the Client or user, that the Client is authorized to share the personal data belonging to the Client or user shared with the Consultant within this scope, and that the Consultant has fulfilled the necessary disclosure obligation under the KVKK (and, where necessary, obtained explicit consent) towards the Client or user. and therefore accepts that all responsibility lies with them.
8. RIGHTS, DECLARATIONS, AND OBLIGATIONS OF THE CLIENT8.1. The Client declares that they have read, understood, and accepted all preliminary information regarding the service/product they have purchased prior to purchasing the service/product. By purchasing the service/product, the client has obtained the right to use and benefit from it within the limits and conditions specified in the contract. The Client declares and accepts that they will use the service/product they have purchased in accordance with all legislation and this contract, that they will not copy or reproduce the service/product, that they will not process, distribute, publicly transmit or retransmit it, and that they will comply with all obligations within the framework of the restrictions imposed on them by the Intellectual and Artistic Works Law No. 5846. In the event that the Client acts in violation of the obligations under this agreement, the Consultant reserves the right to terminate this agreement and to discontinue the use of the digital content provided to the Client and the service/product.
8.2. The digital service/product and video sharing require internet access. The provision, quality, and security of the internet connection in question are the responsibility of the client or user. The client acknowledges and declares that the Consultant shall under no circumstances be liable for any problems arising from the hardware deficiencies of their electronic device(s) or from the quality or access of the internet in relation to the use of the digital product/service.
8.3. The Client accepts and declares that if they engage in behavior contrary to public morality and public order, the Consultant may unilaterally terminate the use of the digital product/service and has the right to terminate the use of the digital content.
8.4. The Client acknowledges and agrees that they are responsible for all actions taken while using the product or service. As these digital service/product or video/visual sharing are prepared on a sensitive subject such as meditations, self regulation and relaxation guided practices, registered under coaching and consulting category, the Consultant shall not be liable for any material or moral damages arising from the use of the information learned in the service/product. The information provided to the Client during the service/product is entirely advisory in nature and is provided for informational purposes only. It is the Client's personal responsibility to apply or not apply the information.
8.5. The Client agrees not to allow any third party to use the service/product, to use the service/product solely for their own purposes, not to rent or sell the service/product to a third party, will not use it for commercial purposes in any way, will not publish it on social media platforms and other websites, will not record the service/product or any part of it, and will not share it on another platform. The Consultant reserves the right to seek compensation and/or criminal penalties in accordance with the Turkish Code of Obligations, the Turkish Commercial Code, and relevant legislation for any damages incurred as a result of such violations.
8.6.The Client agrees, declares, and undertakes to immediately and without delay inform the Consultant in the case of any breach of confidentiality while using the service/product.
8.7.The Client accepts, declares, and undertakes that the Consultant shall not be liable if the service/product cannot be provided or used for reasons beyond the Consultant's control, and that the Client shall not make any claim for compensation or any other claim against the Consultant on any grounds, alleging that their system has been damaged due to their use of the paid training content or that their system has been infected with malicious code such as viruses.
8.8.The Client acknowledges, declares, and undertakes that the software required to view the digital content purchased in order to receive the service/product provided by the Consultant is legally licensed, and that the Consultant shall not be liable for any issues arising from the use of unlicensed software.
8.9. If the Client infringes the Consultant's intellectual property rights under this agreement, such as by copying, reproducing, distributing, displaying, or deriving works without permission, the Client hereby agrees, declares, and undertakes to pay the Consultant a penalty of 800,000 TL in advance, without the need for any court decision. The Consultant also reserves the right to claim damages for any losses incurred as a result of such infringement, as well as any compensation and/or all legal rights arising from provisions of relevant legislation that provide for criminal or civil liability, and/or in accordance with the Turkish Code of Obligations, the Turkish Commercial Code, Competition Regulations, and relevant legislation.
8.10. Some services/products services covered by this agreement are provided online via a download link, applications such as YouTube, Zoom, Telegram, and include observation-based or audio guided meditations and similar practices. This kind of service/product is provided so that the client can receive information regarding the service/product via the internet without leaving their workplace or home.
8.11. To receive the services/products covered by this agreement, the client must be of legal age (at least 18 years old), have no circumstances that would prevent them from making and implementing their own decisions or that would legally require guardianship, and have no other legal reasons that would make them ineligible to enter into this agreement.
8.12. The Client must be available online via applications such as Telegram, Zoom or similar, for online workshops and sessions - at the date and time specified by the Consultant for the guided meditation or similar practice or coaching session or group class. The Client must ensure that they are alone during the relevant session and that there is silence and privacy during the meeting, that there is no noise or distractions that would interfere with the meeting, and that there is no cell phone use, interruptions, or disruptions.
8.13. If the session ends due to force majeure, technical reasons, or a loss of connection, the Client shall be entitled to a rescheduled session for the remaining time whenever possible. In such cases, a new session time shall be provided to the Client, taking into account the availability of the Consultant.
8.14.If, during the session, the Client engages in disrespectful speech, insults, or inappropriate behavior toward the Consultant or other Clients that violates ethical and moral standards, the Consultant shall immediately terminate the session and shall not refund the fee paid by the Consultant. Furthermore, if the Client violates the rules, communicates rudely, fails to respond to the Consultant, is more than 15 minutes late for the training/coaching session without prior notice
, cancels the session less than 24 hours in advance, and especially requests to change the session three times, the Consultant reserves the right to terminate the training/coaching
without refunding the fee.9. CONSULTANT'S RIGHTS, DECLARATIONS, AND OBLIGATIONS9.1.The Consultant is responsible for ensuring that the services/products covered by this agreement complies with the specifications outlined in this agreement.
9.2. The Consultant is obligated to provide the services/products covered by this agreement continuously and without interruption throughout the duration of the services/products purchased by the Client, except in cases of force majeure.
9.3. If the service/product becomes impossible to be delivered due to a force majeure event beyond the Consultant's control, the Consultant shall notify the Client within 3 (three) days of learning that performance of the contract is impossible and shall be obligated to suspend the service during this period. The Consultant shall also be obligated to notify all Clients of any changes related to the services/products via the website or Telegram Channel/Group.
9.4. The Consultant shall make the digital content, videos, and visuals available for the Client's use throughout the duration of the services/products, not later than in three days starting from the date this contract is established and payment transferred.
9.5. The Consultant is only obligated to provide the service/product subject to this agreement to the Client and does not guarantee any success or specific results to the Client/User. The effective use of the service/product and all consequences of such use are the responsibility of the Client, and the Consultant shall not be liable in any way for the service/product not meeting the Client's subjective expectations or for any direct or indirect damages that may arise during or after delivering service/product. Since these digital or online guided meditations and similar on-demand products or online streamed services are prepared on a sensitive subject such as guided meditation, self-regulation breathing and mindfulness practices and life coaching, the Consultant is not liable for any material or moral damages arising from the use of the information learned in the service/product. The information provided to the Client during the service/product is purely advisory in nature and is provided for informational purposes only. It is the Client's personal responsibility to apply or not apply the information.
9.6. The Consultant shall not be liable for how the information provided during the service/product and covered by this agreement is applied by the Client or for compliance with instructions, either during the service/product delivery and usage period or after the service/product had been delivered. The Consultant shall not be liable in any way for any damages resulting from the Client's use of the information learned during the service/product or the implementation of the Consultant's instructions and shared information.
9.9. The Consultant has the right, at their sole discretion, to make changes to any service/product content, to remove necessary content within reasonable limits, and/or to add new content, and to update content without prior notice in order to bring it in line with current services/products.
9.10. The Consultant shall not be held liable under any circumstances for internet connection, device, technical, or user-related issues that are not directly related to the service/product content.
9.11. If the Client acts or performs any action contrary to the provisions of this agreement, the Consultant reserves the right to terminate this agreement, discontinue the digital/online service/product content provided to the Client and the use of the service/product, and terminate, restrict, or suspend the Client's access to the service/product content.
10. WEBSITE COMMUNITY GROUP COMMUNICATION AND ETHICAL RULESWhen answering questions or sharing your opinions in a chat room during online streaming sessions or community/smaller group space, please adhere to the following 3 simple rules:
1.) Start with the positives: Find at least two positive things to mention when beginning your response/comment.
2.) Express your opinion or answer a question.
3.) State your opinion respectfully, sensitively, and based on facts, and try to do so without judging, generalizing, or directly/indirectly criticizing people.
In our community, any behavior that disrupts the peace and order of the participants is against community rules:
-Any intervention that disrupts the flow of the guided meditation and mutually respectful communication within the group despite warnings; publishing information, photos, and videos unrelated to the group topic.
-Posting advertisements for the sale, purchase, or promotion of any product or service.
-Sending dangerous files and links to group members' devices. In this case, the Condultant is not responsible for any material or moral damage the user may suffer if any link published in the group is opened.
-Making racist, sexist, homophobic, profane, or insulting statements about each other or any person/institution.
-Participating in group communication or sessions under the influence of alcohol and/or drugs.
-Consuming alcohol, drugs, and/or tobacco products during meditation sessions.
Providing misleading information, using inappropriate language, and making inappropriate posts violates community rules:
-Sharing information that negatively impacts the experience and lowers community motivation.
-Using profanity, slang, and insults to negatively impact the meditation or group communication process.
-Sharing content that may disturb participants and cause harm. (e.g., viruses, sexually explicit content, etc.)
-Disclosing or sharing other group members' personal data without their consent.
Any form of violence or abuse is against community rules:
-Engaging in hateful, violent, provocative, or derogatory speech and/or behavior toward other participants or the Consultant based on their religious beliefs, race, ethnicity, age, social status, political views, sexual orientation, or physical condition.
-Participants exhibiting threatening, hateful, or aggressive behavior toward other participants or the Consultant.
In the event of a violation of the community rules outlined above, or if criticism is made without communicating in a constructive, sufficiently polite, and respectful manner, if a person imposes their opinion, engages in insults, hate speech, trolling, or personal attacks, the Client's access to group/product/service materials will be blocked, and they will be immediately removed from the community/group without a refund of the related service/product's fee.
The Consultant has the right to delete or edit comments posted in the group that violate the current communication rules without explanation.
The Consultant has the right to respond to your messages based on their availability.
The Consultant is not responsible for copyright infringements in the event that participants publish information, images, audio, and video materials in the group.
11. COMMERCIAL ELECTRONIC MESSAGES - USE OF PERSONAL DATAThe Consultant may send commercial messages to the Client. After giving consent to receive commercial messages, the Client may opt out of receiving them at any time. Upon receipt of the opt-out request via one of the communication channels specified in this agreement, the sending of commercial electronic messages shall be suspended within 3 (three) business days.
Under the Personal Data Protection Law No. 6698 and related legislation, the Consultant may evaluate, analyze, and, when necessary, share your personal, educational, system usage data, and other information with third parties without compromising your security, and may use this data in usage evaluation applications and marketing. and may classify and store it anonymously in a database indefinitely for the purpose of fulfilling its obligations and for certain statistical evaluations. In order to provide personalized services, your Turkish ID number (applies only for Turkish citizens!) and date of birth may be required during the membership registration process. The Information text prepared under the Personal Data Protection Law is available on the website.
12. OTHER PROVISIONSIf any provision of this Agreement is invalid, such invalidity shall not affect the entire Agreement, and the Agreement shall remain valid with its other provisions.
13. COMPETENT COURTThe Muğla/Bodrum Consumer Court shall have jurisdiction over any disputes arising from or related to this Agreement. The main version of this agreement has been prepared in Turkish and reviewed in accordance with Turkish law . Versions in other languages are for informational purposes only. In the event of any inconsistency between versions in different languages, the version prepared in Turkish shall always prevail.
14. TERMINATION AND CANCELLATION OF THE AGREEMENTThis agreement automatically terminates upon the expiration of the service/product (including services provided alongside the service/product) from the date the Client purchases the service/product. The Client may continue to remain in free (public) Telegram groups after the end of the service and may leave the groups at any time.
The Consultant may immediately terminate the contract if the Client fails to fulfill their obligations arising from this contract as specified herein. In this case, the Client cannot claim any compensation from the Consultant.
15. ENFORCEMENT OF THE AGREEMENTThis Agreement shall enter into force with all its terms and conditions upon being read and approved electronically by the Client and upon completion of payment on the payment page (payments can be provided via Bank Transfer or via partner company like Lindner "Unplugged"; or using other available options - upon client's request). The Client has read and approved this Agreement with full knowledge of this matter.
The purchased service/product, its sale, and use are subject to the provisions of the Consumer Protection Law, the Distance Contracts Regulation, and related legislation.