FIZYO TAKIP USER AGREEMENT (TERMS OF USE)

Effective Date: 19 July 2026

1. PARTIES AND DEFINITIONS

This Fizyo Takip User Agreement (the "Agreement") is concluded electronically between the natural person user of the Fizyo Takip mobile application and its related services (the "User") and the developer and service provider of the application, Mehmet Akif Kara (the "Platform" or "Service Provider").

This Agreement enters into force upon the User giving consent to the Platform electronically.

The terms used in this Agreement have the following meanings:

Platform: The Fizyo Takip mobile application and its related software infrastructure, through which physiotherapists can manage clients, create exercise programmes, use digital assessment tools and communicate with their clients.
User: The natural person who uses the Platform in physiotherapist, client or education mode.
Physiotherapist: The physiotherapist or relevant healthcare professional who uses the Platform within the scope of their professional activities.
Client: The natural person followed up by a physiotherapist through the Platform.
Service: The exercise management, client follow-up, digital assessment tools, reporting, messaging and other software services offered within the scope of the Platform.
Health Data: Health-related information regarded as special categories of personal data under Turkish Personal Data Protection Law No. 6698.
Content: All digital content uploaded to the Platform by Users, including text, photographs, videos, audio recordings, documents and exercise programmes.

2. NATURE OF THE SERVICE AND ABSENCE OF TELEHEALTH SERVICES

Fizyo Takip is not a healthcare institution, health facility or telehealth service provider.

The Platform:

does not make medical diagnoses,
does not determine a disease diagnosis,
does not create treatment plans,
does not issue prescriptions,
does not perform medical intervention,
does not replace a healthcare professional.

The Platform only provides a technological software infrastructure enabling:

the keeping of client records,
the creation of exercise programmes,
the use of digital assessment tools,
reporting,
the facilitation of communication between physiotherapist and client.

The AI-assisted analysis tools within the Platform are intended solely for supportive assessment purposes. The results obtained from these tools:

do not on their own constitute a clinical decision,
do not replace medical diagnosis,
do not amount to a treatment recommendation.

All clinical assessments, treatment plans, exercise selections and healthcare services relating to a client are the professional responsibility of the relevant physiotherapist.

3. SCOPE OF THE SERVICE

The Platform may offer the following services:

creation of client records,
preparation of exercise programmes,
exercise follow-up,
keeping session notes,
use of digital measurement tools,
performing AI-assisted analyses,
report generation,
messaging,
appointment management,
access to educational content,
subscription management.

The services offered by the Platform are entirely digital software services. The Platform does not undertake to provide any healthcare service.

The scope of the services offered may be updated, expanded or amended over time.

4. MEMBERSHIP AND ACCOUNT RESPONSIBILITY

The User accepts that:

the information provided during registration is accurate, current and complete,
they are responsible for the accuracy of their account information,
they will ensure the security of their account,
they will not share their password with third parties,
they are responsible for all transactions carried out through their account.

The Platform is not obliged to verify the User's professional title, diploma information or other declared information. All responsibility for the accuracy of such information belongs to the relevant User.

A user account is personal. An account:

cannot be sold,
cannot be transferred,
cannot be rented,
cannot be made available for use by third parties.

The Platform may request additional identity verification in cases it deems to pose a security risk.

5. PROFESSIONAL OBLIGATIONS OF THE PHYSIOTHERAPIST

A User using the Platform as a physiotherapist is solely responsible for:

client assessments,
clinical decisions,
exercise selections,
treatment planning,
client safety,
lawful processing of health data,
carrying out the necessary information and consent procedures.

The physiotherapist accepts and declares that, before recording their client's personal data and health data on the Platform, the legal basis required under applicable legislation is in place.

The Platform provides only the technical infrastructure and does not assume the professional responsibility of the healthcare professional.

6. THE CLIENT RELATIONSHIP

The Platform:

does not recommend physiotherapists,
does not provide a client referral service,
does not operate as a healthcare institution,
does not act as an intermediary between the parties.

The legal and professional relationship between the physiotherapist and the client is established solely between those parties. The Platform is not responsible for disputes that may arise from this relationship.

7. ARTIFICIAL INTELLIGENCE AND DIGITAL MEASUREMENT TOOLS

The AI-assisted analysis tools, computer vision technologies and digital measurement systems within the Platform are offered solely for supportive assessment purposes.

These tools:

do not make medical diagnoses,
do not recommend treatment,
do not constitute a clinical decision,
do not replace a healthcare professional.

The accuracy of AI analyses may be affected by many factors such as:

device characteristics,
camera quality,
lighting conditions,
image angle,
user movements,
environmental factors.

The User accepts that they will treat the results obtained from AI analyses as supportive information only.

8. PERSONAL DATA AND HEALTH DATA

The principles regarding the processing of personal data within the Platform are set out in the Privacy Policy, the KVKK Information Notice and, where necessary, the Explicit Consent Text.

The User accepts that they will act in compliance with the applicable personal data protection legislation while using the Platform.

The Physiotherapist User accepts and declares that, before recording their client's personal data and health data on the Platform, the required legal basis exists and that they have fulfilled their obligations under the relevant legislation.

The Platform provides only the technical infrastructure necessary for the delivery of the service, and the determination of the roles of data controller or data processor is assessed according to the relevant legal relationship.

9. CAMERA, MICROPHONE AND MEDIA ACCESS

The Platform may access the following, solely for the purpose of enabling the relevant feature and within the scope of the permission granted by the User:

camera,
photo gallery,
microphone,
speech recognition,
notifications.

These permissions are used solely for the purpose of performing the relevant function.

The User may withdraw the permissions they have granted at any time through their device settings. Removing permissions may only result in the relevant feature becoming unusable.

The Platform does not continuously access the device camera or microphone without the User's explicit permission, does not record in the background and does not access other content on the device.

10. PAID SERVICES AND SUBSCRIPTIONS

Certain features within the Platform may be offered under paid subscription plans.

Subscriptions are purchased through:

the Apple App Store,
the Google Play Store.

Payment, renewal, cancellation and refund transactions are subject to the terms of the relevant application store.

The Platform is not responsible for delays, errors or interruptions arising from the decisions of the application stores or their payment infrastructures.

Subscription fees and the scope of the services offered may be updated over time. Price changes for existing subscriptions are applied in accordance with the rules of the relevant application stores.

11. MESSAGING AND COMMUNICATION

The messaging service offered through the Platform is provided solely to facilitate communication between a physiotherapist and their client.

The User accepts that they will not share content that is:

unlawful,
insulting,
threatening,
in violation of personal rights,
criminal in nature,
misleading.

The Platform does not guarantee the accuracy, reliability or lawfulness of content sent between users.

Where legally required, relevant records may be shared in line with the requests of competent authorities.

12. USER CONTENT

The lawfulness of all content uploaded to the Platform is the responsibility of the relevant User.

The User accepts and declares that they hold the necessary rights over:

the photographs they upload,
videos,
audio recordings,
reports,
documents,
exercise content.

The Platform may remove or block access to content deemed unlawful without prior notice.

13. INTELLECTUAL PROPERTY RIGHTS

All intellectual and industrial property rights in the Platform's:

software,
design,
user interface,
logos,
database structure,
algorithms,
source code,
texts,
images,
videos,
educational content

and all other elements belong to the Service Provider or the relevant rights holders.

The User may not:

copy the Platform,
reproduce it,
modify it,
reverse engineer it,
attempt to decompile its source code,
use it for commercial purposes,
license it,
rent it,
sell it.

Exceptions permitted by mandatory applicable legislation are reserved.

14. LIMITATION OF LIABILITY

The Platform provides a software service only.

The Platform cannot be held liable for direct or indirect damages arising from the following:

the clinical decisions of the physiotherapist,
incorrect exercise selection,
incomplete or erroneous assessment,
incorrect data entry,
user errors,
device malfunctions,
internet outages,
interruptions arising from third-party service providers,
misinterpretation of AI analyses by the User,
the client's failure to follow recommendations,
user actions causing data loss.

The Platform does not seek to exclude its liability in respect of obligations arising from mandatory applicable consumer legislation that cannot legally be limited.

15. SUSPENSION AND TERMINATION OF THE ACCOUNT

The Platform may temporarily suspend or permanently terminate a User's account in the following cases:

breach of this Agreement,
engaging in unlawful activities,
violation of the rights of third parties,
carrying out actions that endanger the security of the Platform,
providing false, misleading or incorrect information,
attempting unauthorised access,
misuse of the Platform,
acting contrary to applicable legislation.

Where possible and deemed necessary, the User may be notified before an account suspension or termination. However, in cases requiring security, legal compliance or urgent intervention, the Platform may act without prior notice.

The User may terminate their account at any time using the "Delete Account" feature offered within the application.

Deletion of the account does not eliminate the processes relating to the retention and deletion of personal data. These processes are carried out in accordance with the Privacy Policy and the relevant legislation.

16. FORCE MAJEURE

The Platform cannot be held liable for delays, service interruptions or failure to fulfil obligations arising from force majeure events beyond its reasonable control, such as:

natural disasters,
fire,
flood,
earthquake,
epidemic disease,
war,
acts of terrorism,
cyber attacks,
power outages,
interruptions in internet or telecommunications infrastructure,
decisions of public authorities,
interruptions arising from third-party service providers.

Upon the end of the force majeure event, the necessary work is carried out to resume services within a reasonable period.

17. THIRD-PARTY SERVICES

Third-party service providers may be used in order to deliver the Platform.

These may include:

Google Firebase,
Cloudflare,
RevenueCat,
OpenAI,
Google AdMob,
Apple,
Google Play

and similar service providers.

These service providers operate under their own terms of service and privacy policies.

The Platform is not responsible for interruptions, security incidents or service changes originating from third-party service providers' own systems.

18. UPDATES AND SERVICE CHANGES

The Platform may:

add new features,
modify existing features,
remove certain services,
update the technical infrastructure.

These changes may be made for the purpose of improving the service, increasing its security or fulfilling legal obligations.

Users are informed by appropriate means of changes that significantly affect the core operation of the Platform or user rights.

19. AMENDMENTS TO THE AGREEMENT

The Platform may update this Agreement in line with applicable legislation, technical requirements or changes in the services offered.

The current Agreement is published within the application and on the official website.

Users are informed by appropriate means of changes that significantly affect their rights and obligations.

Where required by legislation or by the nature of the change, renewed consent may be obtained from the User.

20. GOVERNING LAW AND COMPETENT COURTS

The laws of the Republic of Türkiye shall apply to the interpretation and application of this Agreement and to the resolution of any disputes arising from it.

Unless otherwise mandatorily provided by law, the Courts and Enforcement Offices of Ankara shall have jurisdiction over disputes arising from this Agreement.

Consumers' rights regarding mandatory jurisdiction rules arising from applicable consumer legislation are reserved.

21. EVIDENTIAL AGREEMENT AND ELECTRONIC RECORDS

To the extent permitted by applicable legislation, the parties accept that the following may be submitted as evidence in any dispute:

user transaction records,
date and time information,
IP address records,
device and client information (User-Agent),
document versions,
electronic consent records,
system logs.

This provision does not eliminate the courts' authority to freely assess evidence and does not limit mandatory rules of applicable law.

22. NON-TRANSFERABILITY OF THE ACCOUNT

A user account is personal.

The User may not:

transfer their account to third parties,
rent it,
sell it,
license it,
allow others to use it,
share their account access information with third parties.

The relevant User is responsible for all transactions carried out through their account.

If the Platform determines that an account is being used by third parties, it may temporarily suspend or permanently terminate the account.

23. PROHIBITED USES

The User accepts that they will not use the Platform for the following purposes:

engaging in activities contrary to applicable legislation,
violating the rights of third parties,
sharing false or misleading information,
endangering the security of the Platform,
uploading malicious software,
attempting to access the Platform using automated systems,
attempting unauthorised access,
carrying out actions that block or slow down the service,
infringing intellectual property rights,
reproducing or distributing the Platform commercially without permission.

The Platform reserves the right to take the necessary technical and legal measures if it detects such activities.

24. EXERCISES AND DIGITAL ASSESSMENT TOOLS

Exercise programmes created or shared through the Platform must be performed only within the treatment and rehabilitation process determined by the relevant physiotherapist.

The User accepts that performing any exercise outside the assessment of a healthcare professional may pose a health risk.

The digital assessment tools, posture analysis, digital goniometer and similar AI-assisted systems offered within the Platform provide supportive information only.

The results obtained from these tools cannot be regarded as:

precise measurements,
medical diagnoses,
clinical assessments,
treatment recommendations.

The Platform is not responsible for clinical decisions made on the basis of the results obtained from these tools.

25. TRANSFER OF THE BUSINESS

In the event of the transfer, merger, restructuring of all or part of the Platform, or its transfer to another legal or natural person, the rights and obligations arising from this Agreement may be transferred to the acquiring party in accordance with applicable legislation.

In such a case, users' personal data continues to be protected in accordance with the relevant legislation.

Where necessary, users are informed by appropriate means.

26. SEVERABILITY

If any provision of this Agreement is deemed invalid, unenforceable or legally void, this does not affect the validity of the remaining provisions.

In place of the invalid provision, the provision most consistent with the intention of the parties and the relevant legislation shall apply.

27. NO WAIVER

The Platform's failure to exercise, or delay in exercising, any right arising from this Agreement does not mean that it has waived that right.

The one-off exercise of any right does not prevent the same right from being exercised again in the future.

28. ENTRY INTO FORCE

This User Agreement enters into force upon the User giving consent electronically.

When registering with the Platform or on the relevant agreement approval screen, the User declares that they have read, understood and accepted:

this User Agreement,
the Privacy Policy,
the KVKK Information Notice,
where necessary, the Explicit Consent Text,
the specific usage agreement relating to the mode they use.

Consent records obtained electronically may be retained together with the date, time, document version and other technical records in accordance with applicable legislation.