GENERAL TERMS AND CONDITIONS

Kratos Service Terms of Use

Applicable Language
The Turkish version of this Agreement is binding in all respects, and in case of any inconsistency with its translation, the Turkish version shall prevail.

1. Introduction

1.1. Using the services, websites, products, and all applications provided directly or indirectly (whether internet-based or mobile-based) by Kratos 3D Teknolojileri Sanayi ve Ticaret A.Ş. (collectively referred to as "Services") is subject to the terms of the agreement between you and Kratos 3D Teknolojileri Sanayi ve Ticaret A.Ş. "Kratos" refers to Kratos 3D Teknolojileri Sanayi ve Ticaret A.Ş., a company registered in Turkey with its headquarters at Reşitpaşa Mah. Katar Cad. Teknokent ARI 4 Binası No: 2/50/6 Sarıyer - İstanbul.
1.2. Unless a separate written agreement is made with Kratos, your agreement with Kratos will always include the terms and conditions set out in this document, hereinafter referred to as the “End User Universal Terms.”
1.3. Your agreement with Kratos may also include (i) specific terms of your subscription to the Services, such as duration, costs, and payment conditions you selected and accepted during the subscription process; (ii) Kratos’s Privacy and Cookie Policy; and (iii) any Legal Notices and Terms of Use applicable to the Services. All of these will be referred to as "Additional Terms." When Additional Terms apply to a Service, they will be accessible for you to read either within that Service or via using the Service.
1.4. The End User Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Kratos regarding the use of the Services. It is important to read them carefully. Collectively, this legal agreement will be referred to as the “Terms” below.
1.5. The term "user" in the Terms refers to anyone who uses the Services in any way, and this definition also includes users who register for the Services, also known as "end users."
1.6. Kratos’s Services may also be used through platforms such as websites, webpages, and blogs provided by third parties that are not owned by Kratos. Nevertheless, in order to use the Services, you will need to accept the Terms specified by Kratos, even if you accept the terms or agreements of third parties.
1.7. The Terms were originally written in English. In the event of any conflict between a translated version and the English version, the English version shall prevail.

2. Acceptance of Terms

2.1. To use the Services, you must first accept the Terms. If you do not accept the Terms, you cannot use the Services.
2.2. You can accept the Terms as follows: A. By subscribing to or registering for the Services and clicking to accept or confirm the Terms; and/or B. By actually using the Services. In this case, Kratos will consider your use of the Services from the moment you first use them as acceptance of the Terms.
2.3. If you are not of legal age or are unable to use the Services or accept the Terms due to any reason that limits or restricts your ability to enter into a binding contract, you cannot use the Services or accept the Terms. Kratos reserves the right to block your access to the Services or delete your account if it reasonably believes or deems it necessary to do so based on the above qualifications.
2.4. Before proceeding, you should print or save a local copy of the Terms and ensure that you are regularly informed about the latest version.

3. Provision of Services by Kratos

3.1. Kratos collaborates with "Affiliated Entities," which refers to any entity owned by, controlled by, or under common control with Kratos. Control refers to the power to direct or cause the direction of the management and policies of an entity, either directly or indirectly, and can be through voting rights, agreements, or other means. These Affiliated Entities may provide Services to you on behalf of Kratos or directly through Kratos. You acknowledge and agree that these entities may occasionally provide you with Services.
3.2. Kratos continuously innovates to provide the best experience for users. Therefore, the form of the Services and additional features may change from time to time without prior notice.
3.3. As part of this ongoing innovation, and to ensure proper maintenance of the systems providing the Services, Kratos reserves the right, at its sole discretion, to temporarily suspend the Services (or any feature thereof) without prior notice. Such suspension will be limited to the minimum extent and duration necessary for implementing updates or performing maintenance, and Kratos will strive to perform such actions at times that minimize the impact on general users.
3.4. The Services may be temporarily unavailable due to maintenance or other reasons. Kratos will not be responsible for any error, omission, interruption, deletion, failure, delay, communication line failure, theft, unauthorized access to or alteration of data. Kratos will not be liable for any technical malfunctions related to phone networks, computer systems, servers, providers, computer or mobile phone equipment, software, email, or internet traffic. Under no circumstances will Kratos be liable for any loss, damage, personal injury, or death resulting from the use of the Services.
3.5. The Services may automatically download and install updates from Kratos from time to time. These updates are designed to improve, enhance, and advance the Services and may include bug fixes, feature improvements, new software modules, and entirely new versions. By using the Services, you consent to receiving these updates and allowing Kratos to deliver them to you.

4. Use of the Services

4.1. You agree to use the Services only for the purposes specified in the Terms and in compliance with applicable laws, regulations, or accepted practices in relevant jurisdictions (including laws related to the export of data or software).
4.2. You agree not to engage in any activity that interferes with or disrupts the Services (or related servers and networks).
4.3. You agree not to reproduce, copy, sell, trade, or resell the Services for any purpose.
4.4. You are solely responsible for how you use the Services.
4.5. If the Services are used through a website or by sending information to a healthcare provider or third party (e.g., a doctor, aesthetic professional, or healthcare provider), you agree to the following:
A. You consent to sharing your Personal Data (as defined in section 5 below) with the healthcare provider, aesthetic professional, or third party offering services or medical treatment on the invitation website.
B. You acknowledge that Kratos is not responsible for how the healthcare provider or third party processes your Personal Data or 3D images generated by Kratos.
C. You acknowledge that Kratos cannot guarantee an appointment with the healthcare provider or third party.
D. You acknowledge that Kratos may withdraw your request and refer you to another healthcare provider if your request is not responded to within 48 hours.
E. You acknowledge that personnel or employees of the healthcare provider or third party may access the Kratos interface to view your Personal Data.
4.6. Personal Data (as defined in section 5 below) may be transmitted to Kratos' servers for the creation of 3D images. Kratos may use SSL encryption to ensure maximum security during transmission.
4.7. Use of the Services for 3D Imaging ("3D Reality")
A. You acknowledge that Kratos cannot guarantee the accuracy of 3D images or the outcomes of aesthetic procedures, as they may vary based on factors such as the quality of provided photos and physical/anatomical conditions outside Kratos' control.
B. You acknowledge that 3D images generated by Kratos are for visual and educational purposes only and should not be considered a substitute for consulting a qualified doctor. Kratos does not provide medical advice, and the final results of any procedure may differ significantly from those depicted in 3D images.

5. Personal Data

5.1. "Personal Data" refers to any information related to an identified or identifiable individual (the "Data Subject"). This includes identifiers such as name, ID number, location data, online identifiers, or physical, physiological, genetic, mental, economic, cultural, or social identity features. For example, health records, personal details, images, identity documents, photos, contact information, etc.
5.2. Kratos controls your Personal Data directly when you register as an end-user and acts as the data controller.
5.3. If invited by an aesthetic professional, Kratos acts as the data processor, and the aesthetic professional determines the scope and duration of access to the Services.
5.4. Kratos applies the same security measures, regardless of whether it acts as the data controller or processor.
5.5. We are committed to compliance with Turkey’s Personal Data Protection Law (KVKK) and the General Data Protection Regulation (GDPR) in Europe.
5.6. By providing Personal Data to Kratos, you agree to keep it accurate and up to date and allow Kratos to use it for service fulfillment and share it with third parties as needed.

6. Your Account and Security

6.1. While Kratos takes the necessary measures—including administrative, technical, and physical precautions—to protect your Personal Data against loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction, and ensures the security of your Personal Data by communicating internal privacy and security guidelines to Kratos employees and strictly implementing privacy measures, Kratos cannot be held liable for any breach of security or compromise to the integrity of your Personal Data despite the precautions taken.
6.2. When accessing your account using login details such as a username and password, you agree not to share your login details, allow others to access your account, or do anything else that would compromise the security of your account. You are responsible for maintaining the confidentiality of the login details associated with any account you use to access the Services.
6.3. If you notice any unauthorized use of your login details or account, you must immediately log out of the application, click on the "Forgot Password" link, and change your password. This action is crucial for securing your account. You are required to follow the steps in the application to complete the password change process.

7. General Security and Data Integrity

7.1. You will not use the Services to publish unauthorized commercial communications.
7.2. You will not use Kratos’ Services to collect or access user content or information using automated tools (such as robots, spiders, or scrapers) without prior permission from Kratos.
7.3. You will not engage in illegal multi-level marketing activities within Kratos’ Services.
7.4. You will not upload viruses or other harmful code to the Services.
7.5. You will not request login details or access someone else’s account.
7.6. You will not publish threatening, pornographic content, or content that incites violence or includes graphic or unnecessary violence.
7.7. You will not use the Services for illegal, misleading, harmful, or discriminatory actions.
7.8. You will not engage in any actions that could disrupt, overload, or interfere with the proper functioning or appearance of the Services, such as denial-of-service attacks or interference with page processing or other Service functions.
7.9. You will not post content that infringes on others’ rights or violates laws in any other way.
7.10. If we believe that you have violated these Terms or our policies, we may remove any content or information you have published in the Services.
7.11. You will not publish identity documents or sensitive financial information on the Services.
7.12. You will not facilitate or encourage any violations of these Terms or our policies.

8. Waiver of Claims, Remedies, and Compensation

8.1. You acknowledge that you are fully responsible for the accuracy and sufficiency of the information you provide in connection with your use of the Services.
8.2. In accordance with this section 8, you agree to provide full compensation to Kratos as outlined in section 14 below. This provision will remain effective even after the termination of your agreement with Kratos.

9. Content in the Services

9.1. All information that you may access as part of the Services or by using the Services, such as data files, written texts, computer software, audio files, photos, videos, or images, are the exclusive property of the person or organization from which such content originates. All such information will be referred to as "Content" hereinafter.
9.2. You acknowledge that you are solely responsible for any Content you create, transmit, or display while using the Services, and that Kratos is not responsible to you or any third party for the consequences of your actions. Therefore, you agree that you are fully responsible for using any Content provided by Kratos, and that you have authority and rights regarding how you use the Content.
9.3. In the event you request Kratos to create, transmit, or display any Content for you or on your behalf, you acknowledge that Kratos cannot guarantee the outcome, accuracy, or quality of the Content, however subjective it may be, and that the Content provided by Kratos is given "as is" and without warranty for results.
9.4. You affirm that any Content you provide is accurate and that you will not create accounts for anyone other than yourself without permission, nor will you provide false information.

10. Ownership Rights

10.1. You acknowledge and agree that Kratos (or its licensors) holds all legal rights, titles, and interests related to the Services, including intellectual property rights contained within these Services (whether recorded or not, and regardless of where these rights are located in the world). You also acknowledge that the Services may contain information designated as confidential by Kratos, and you agree not to disclose such information without Kratos' prior written consent.
10.2. You acknowledge and agree that nothing in these Terms grants you the right to use Kratos’ commercial titles, trademarks, service marks, logos, domain names, or other distinctive brand features.
10.3. You agree not to use any trademark, service mark, trade name, or logo of any company or organization in a manner that could cause confusion about the ownership or authorized use of such marks, names, or logos.
10.4. You acknowledge that all content generated by or resulting from the use of the Services, such as materials, documents, objects, or 3D images, is the exclusive property of Kratos.

11. License for Content Provided by You

11.1. You retain the copyright and other existing rights in the Content you provide, share, publish, or display through the Services. By providing, sharing, publishing, or displaying the Content, you grant Kratos and its Affiliates a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, and allow Kratos and its Affiliates to reproduce, adapt, and modify the Content for the purpose of providing, commercializing, and improving the Services. These rights are protected as long as your content is not shared with others or deleted by them.
11.2. To meet the technical requirements of the Services, Kratos and its Affiliates may make necessary changes to adapt and conform your Content to networks, devices, services, or media. You acknowledge that this license allows Kratos and its Affiliates to perform such operations.
11.3. You warrant and guarantee that you have all necessary rights, authority, and power to grant the above license to Kratos and its Affiliates and that you are the sole owner of any Content you use through the Services provided by Kratos. If you fail to comply with the above terms, Kratos reserves the right to block your account and, ultimately, return the Content to its rightful owner.
11.4. When you publish or share content or information through Kratos, it means you allow everyone, including those outside Kratos, to access and use that information and associate it with your identity (e.g., your alias and profile picture).
11.5. Kratos appreciates feedback and suggestions, but you understand and agree that we can use these suggestions without compensation, and you are not obligated to submit them.

12. Termination of Your Relationship with Kratos

12.1. The Terms will remain valid until the end of the subscription period or until terminated by you or Kratos as specified below.
12.2. If you wish to terminate your legal agreement with Kratos, you can (a) notify Kratos at any time and (b) close your accounts for all Services you have used if Kratos has offered you this option. Your notice must be sent in writing to the Kratos address mentioned at the beginning of the Terms. Your termination notice will be effective when received by Kratos. If you terminate the agreement before the subscription period ends, you agree to pay all amounts owed, including the remaining subscription period, within 5 business days after your termination notice.
12.3. Kratos may terminate your legal agreement at any time in the following cases:
A. You have violated any provision of the Terms (or acted in a way that clearly rejects or fails to comply with the provisions); or
B. The provision of Services to you has become legally impossible.
12.4. Upon termination of the Terms, or if Kratos permanently, partially, or temporarily ceases its operations, any legal rights, obligations, or liabilities that Kratos has accrued during the effective period of the Terms (or obligations that should remain valid indefinitely) will not be affected by such termination. Your obligation to indemnify Kratos and its Affiliates will continue indefinitely for these rights, obligations, and liabilities.

13. Exclusion of Warranties

13.1. Nothing in these Terms, including Sections 13 and 14, will exclude or limit Kratos' responsibility for losses that cannot be excluded or limited by applicable laws. Therefore, only legal limitations will apply, and our liability will be limited to the maximum extent permitted by law.
13.2. You use the Services at your own risk and understand that the Services are provided "as is" and "as available."
13.3. Specifically, Kratos and its Affiliates do not guarantee to you that:
A. The Services will meet your needs.
B. The Services will be uninterrupted, timely, secure, or error-free.
13.4. Any material downloaded or otherwise obtained through using the Services is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data from such downloads.
13.5. Any advice or information received from Kratos, whether oral or written, does not create any warranty not expressly stated in these Terms.
13.6. Kratos expressly disclaims all warranties and conditions, either express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

14.1. Subject to the general rule in Section 13.1, Kratos, its Affiliates, and licensors are not liable for any loss or damage to you, including, but not limited to:
A. Any loss due to: (I) any reliance on advertising, its accuracy, or existence; (II) failure to provide accurate information to Kratos; (III) failure to secure login or account details.
B. The parties accepted the conditions, including the limitation of liability and warranty disclaimers, based on these terms.
14.2. Kratos' liability limits apply regardless of prior notice about potential occurrences.
14.3. Kratos and its Affiliates are not responsible for delays or performance failures due to reasons outside their control (force majeure).
14.4. The total liability of Kratos and its Affiliates for any claim related to services will not exceed the amount you paid to Kratos for the services within the year preceding the claim.

15. Changes to the Terms

15.1. Kratos may modify the Terms from time to time. It's recommended to visit this page periodically to stay informed about updates.
15.2. By continuing to use the Services after the Terms or Additional Terms are updated, you acknowledge and agree that your use will be considered as acceptance of the revised Terms or Additional Terms.

16. General Legal Terms

16.1. If you use third-party services or buy goods through the Services, they may be subject to separate terms with that party. Kratos is not responsible for these transactions.
16.2. These Terms constitute the entire agreement between you and Kratos regarding the Services.
16.3. Kratos may notify you via email or announcements.
16.4. Failure to enforce any right does not waive it.
16.5. If any part of the Terms is invalid, the rest remains effective.
16.6. Kratos companies can enforce these Terms.
16.7. The Terms shall be governed by the substantive laws of Turkey. You and Kratos agree to submit to the exclusive jurisdiction of the courts in Istanbul for any legal disputes or issues arising from these Terms. However, Kratos may seek interim relief (or equivalent urgent legal assistance) in any jurisdiction as needed.