Terms & Conditions

1. PLAYPİK USER AGREEMENT (TERMS AND CONDITIONS)

1. PARTIES AND DEFINITIONS

1.1. Parties: This User Agreement (“Agreement”) is concluded between PLAYPİK YAZILIM VE ELEKTRONİK TİCARET LİMİTED ŞİRKETİ (“PLAYPİK”), located at Küçükbakkalköy, Selvili Sok. No: 4 D:20, 34750 Ataşehir/İstanbul, and the natural or legal person (“User”) who benefits from the services offered by PLAYPİK. PLAYPİK and the User will be jointly referred to as “Parties”.

1.2. Definitions:

Portal: The online platform owned by PLAYPİK, accessible via the www.playpik.com domain and mobile application.

Services: All paid or free services offered via the Portal, including transforming visual content uploaded by users into new video content using artificial intelligence technology, creating personalized products, and all other services.

Physical Product: Tangible products offered for sale on the Portal, such as magnets, puzzles, or photo prints, on which the User's chosen User Content or AI Output is printed.

Augmented Reality (AR) Service: The digital service that enables the video—assigned by the User or generated by AI—to be played when the visual (photo) printed on the purchased Physical Product is scanned by a smart device camera via the PLAYPİK mobile application.

AR Service Period: The duration specified in this agreement for which the Augmented Reality Service is actively provided, which will terminate if not renewed by the User.

User: Any natural person (real User) or legal entity (legal User) who is a member of the Portal and benefits from the Services.

Real User: A natural person who benefits from the Services for non-commercial, personal purposes.

Legal User: A legal entity that benefits from the Services for commercial or professional purposes, representing a business or institution.

Authorized User: A natural person acting on behalf of the Legal User, who is authorized to perform transactions on the Portal and is appointed by the Legal User.

Account: The personal or corporate profile created by the User to benefit from the services on the Portal.

User Content: All types of photos, videos, text, audio, and other materials uploaded, sent, or created by the User on the Portal for the purpose of using the Services.

AI Output: The final video or other digital products resulting from the processing of User Content with PLAYPİK’s artificial intelligence technology.

Package: The corporate service subscription options offered by PLAYPİK, featuring different features, limits, and pricing.

LPPD: The Law on the Protection of Personal Data (No. 6698).

Policies: The Privacy Policy, Disclosure Text, Cookie Policy, Prohibited Products List, and all other rules and documents published on the Portal.

2. SUBJECT AND SCOPE OF THE AGREEMENT

This Agreement regulates the terms and conditions for the User's use of the Portal and Services, the purchase of Physical Products, and the use of the associated Augmented Reality Service. By becoming a member of the Portal or using the Services, the User declares and undertakes that they have read, understood, and accepted all provisions of this Agreement. This Agreement constitutes a whole with all Policies published on the Portal, which are an integral part of this Agreement.

3. MEMBERSHIP AND USER ACCOUNT

3.1. Membership Conditions: To become a User, one must be of legal age (18 years or older) and have the legal capacity to act. Authorized Users acting on behalf of Legal Users declare that they have the authority to represent and bind the legal entity they represent. 3.2. Registration and Accuracy of Information: The User undertakes that all information provided during membership is correct, current, and complete. The User is personally responsible for any damages that may arise from incorrect or incomplete information. 3.3. Account Security: The User is solely responsible for the security of their account password and information. In case of unauthorized use of their account, they must notify PLAYPİK immediately. PLAYPİK cannot be held responsible for damages arising from unauthorized use, despite taking appropriate security measures. 3.4. Legal Membership: The Legal User is jointly and severally responsible for the actions of all sub-users (employees, etc.) operating under its account. The Legal User is obliged to ensure that each sub-user accepts this Agreement and the Policies.

4. SERVICES, PACKAGES, AND PRICING

4.1. Definition of Services: PLAYPİK offers AI-based video production services, Physical Product sales, AR Services, and other digital services through the Portal, the scope and features of which may be updated from time to time. 4.2. Packages for Legal Users: Paid services for Legal Users are offered in "Packages" containing different limits (number of users, production quotas, etc.) and features. The current content and pricing of each package are announced on the Portal. 4.3. Pricing and Payment for Legal Users: Fees for paid services and packages may be stated exclusive or inclusive of VAT; this will be clearly shown on the payment page. Payments are made using the payment methods offered on the Portal (credit card, etc.). The User is responsible for the accuracy of the payment information provided. 4.4. Physical Product and AR Service for Real Users: Real Users can order a Physical Product using one of two methods offered on the Portal: a) They can upload one (1) photo and one (1) video (User Content) to the Portal to create a Physical Product on which the photo will be printed and the video will be associated via the AR Service. b) They can upload only one (1) photo, generate a new video (AI Output) from this photo via PLAYPİK AI technology, and create a Physical Product with which this content is associated. 4.5. Pricing and Payment for Real Users: The fee for the Physical Product and the AR Service it contains is a one-time payment. The User pays the product price specified on the Portal at the time of order, in advance, via the offered payment methods. Whether legal taxes such as Value Added Tax (VAT) and shipping fees are included in the specified price is clearly shown to the User on the payment page. 4.6. Duration, Renewal, and Termination of the Augmented Reality (AR) Service: The AR Service offered for each Physical Product purchased is valid for a period of three (3) years from the date the product is ordered. If the User wishes for the service to continue at the end of the three-year AR Service Period, they must renew the service for the next period using the 'Activate Product' or a similar option on their personal profile screen in the Portal before the term expires. If the renewal is not completed by the User within an additional one (1) week period following the end of the three-year service period, the AR Service linked to the relevant Physical Product will be permanently terminated without any further notice. In this case, PLAYPİK has the right to remove the relevant visual from the recognition database and cannot be held responsible for the video no longer being viewable on the product.

5. FREE TRIAL AND TRANSITION TO SUBSCRIPTION FOR LEGAL USERS

5.1. Free Trial Right: PLAYPİK may grant new Legal Users who wish to try its corporate services a "Free Trial" period of one (1) month, starting from their registration date. This right is available only once per Legal User. 5.2. Scope of Trial Period: During the free trial period, the User may benefit from the Services within the limits and features determined by PLAYPİK. PLAYPİK reserves the right to change the scope of the trial version at any time. 5.3. Automatic Transition to Subscription and Billing: The User must provide a valid payment method when registering for the free trial. If the subscription is not canceled by the User before the end of the free trial period, the subscription will automatically be upgraded to the selected paid Package, and the subscription fee for the relevant Package will be automatically charged to the User's registered payment method. The subscription will automatically renew at the end of each period unless canceled. 5.4. Cancellation Process: The User may cancel their subscription via the account settings section on the Portal before the one (1) month trial period ends. For cancellations made after the paid subscription has begun, the cancellation will take effect at the end of the relevant billing period, and no refund will be issued for that period.

6. RIGHTS AND OBLIGATIONS OF THE USER

6.1. Legal Compliance: The User agrees to use the Portal and Services in compliance with all applicable laws, this Agreement, and all Policies published on the Portal. 6.2. Responsibility for User Content: The User is solely and exclusively responsible for all User Content they upload to the Portal. The User declares and warrants that the content they upload does not infringe upon the intellectual property rights, personal rights, or any other rights of third parties, and that the content is lawful. 6.3. Prohibited Activities: The User may not engage in activities that would place an excessive load on the Portal's infrastructure, interfere with the system's operation, attempt to access source codes, or reverse-engineer the system. 6.4. Delivery Policy and International Users: PLAYPİK delivers Physical Products only to addresses within the borders of the Republic of Turkey. No Physical Product shipment is made to addresses abroad. Users located abroad may only purchase the digital AR Service. This transaction does not include the shipment of a Physical Product to the User; it is only the activation of the digital AR Service for an existing visual.

7. RIGHTS AND OBLIGATIONS OF PLAYPİK

7.1. Provision of Service: PLAYPİK shall make reasonable efforts to provide the Services in accordance with the qualifications specified on the Portal. However, it does not guarantee that the Services will be uninterrupted, error-free, or completely secure. The Service is provided "as is" and "as available". 7.2. Right to Modify: PLAYPİK reserves the right to unilaterally change the content, features, pricing of the Services, and the terms of this Agreement at any time. Changes become effective on the date they are published on the Portal. Significant changes will be notified to users via e-mail or through the Portal. The User is deemed to have accepted the new terms by continuing to use the Portal after the changes. 7.3. Right to Suspend Service: PLAYPİK may temporarily suspend or permanently stop the Services due to technical necessities, maintenance, or legal requirements.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. PLAYPİK's Ownership: The design, infrastructure, software, domain name, brand, logo of the Portal, and all content created by PLAYPİK are the intellectual property of PLAYPİK and cannot be used without permission. 8.2. User Content and License:

The User retains ownership and intellectual property rights of the User Content they upload to the Portal.

However, the User agrees to grant PLAYPİK a worldwide, sub-licensable, transferable, royalty-free, and non-exclusive license to use the User Content uploaded for the purpose of benefiting from the Services, as necessary for the provision, development, promotion, and operation of the Services.

This license covers actions such as processing User Content with artificial intelligence, creating AI Output, storing, reproducing, and presenting it to the User.

This license terminates when the User deletes their account or removes the relevant content from the Portal (subject to legal retention periods and backups).

9. LIMITATION OF LIABILITY

PLAYPİK is not liable for any indirect, incidental, or punitive damages (including loss of profit, loss of data, business interruption) arising from the use or inability to use the Services, except in cases of negligence or willful misconduct. PLAYPİK's total financial liability under this Agreement shall, in any case, be limited to the total service fee paid by the User in the last six (6) months preceding the event causing the damage. This limitation does not affect the rights of Real Users arising from the Consumer Protection Law.

10. SUSPENSION AND TERMINATION OF THE AGREEMENT

10.1. Termination: The User may terminate this Agreement at any time by closing their account. PLAYPİK may suspend the account or terminate it immediately, with or without prior notice, if the User violates this Agreement or the Policies. 10.2. Consequences of Termination: If the Agreement is terminated for any reason, the User's access to the account is blocked. Subject to PLAYPİK's legal retention obligations, PLAYPİK has the right to delete or anonymize User Content. Receivables and payables that have accrued up to the time of termination remain valid.

11. PRIVACY AND PROTECTION OF PERSONAL DATA

PLAYPİK processes the User's personal data in accordance with the LPPD. Detailed information on how personal data is collected, processed, with whom it is shared, and the User's rights in this regard is available in the Privacy Policy and Disclosure Text, which are integral parts of this Agreement. By becoming a member, the User is deemed to have accepted these policies.

12. FORCE MAJEURE

Neither party shall be held responsible for the failure to fulfill its obligations due to unforeseeable events beyond the parties' control, such as natural disasters, war, terrorism, cyber-attacks, epidemics, legislative changes ("Force Majeure").

13. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with Turkish Law. In disputes arising with Real Users, the Consumer Arbitration Committees or the Consumer Courts at the User's place of residence are authorized within the monetary limits specified in the Consumer Protection Law. In disputes arising with Legal Users, the Istanbul Anatolian (Kartal) Courts and Execution Offices shall have exclusive jurisdiction.

14. MISCELLANEOUS PROVISIONS

14.1. Notifications: PLAYPİK will make notifications to the User via the User's registered e-mail address or through a general announcement on the Portal. Notifications made by e-mail are deemed to have been delivered 1 day after they are sent. 14.2. Entirety and Assignment of the Agreement: This Agreement constitutes the entire agreement between the Parties. PLAYPİK may assign its rights and obligations arising from this Agreement to third parties, provided that it notifies the User. The User may not assign their rights and obligations without the prior written consent of PLAYPİK. 14.3. Severability: If any provision of this Agreement is held to be invalid or unenforceable, it shall not affect the validity of the other provisions of the Agreement.

2. UP-TO-DATE DISCLOSURE TEXT ON THE PROCESSING OF PERSONAL DATA BY PLAYPİK (International Version)

1. Purpose of the Disclosure Text and Explanation Regarding Our Capacity as Data Controller

Our company, PLAYPİK YAZILIM VE ELEKTRONİK TİCARET LİMİTED ŞİRKETİ (“PLAYPİK”), is the "data controller" within the scope of the Law on the Protection of Personal Data numbered 6698 (the “Law”) with respect to the personal data of customers who transact through our websites, including www.playpik.com and pvision.io, and our mobile applications. This Disclosure Text aims to ensure that customers are informed about the personal data processing activities carried out by PLAYPİK in accordance with the Law and are fully enlightened about all processes related to personal data.

2. Types of Personal Data Processed

Depending on the services offered, the following types of personal data may be processed by our Company:

Identity and Contact Information: Name, surname, e-mail address, phone number, delivery address (where applicable).

Visual and Audio Data: Photos and videos uploaded by customers for the creation of the augmented reality service.

AI-Generated Data: Video data produced by artificial intelligence algorithms using the uploaded photos, based on the customer's request.

Customer Transaction Information: Order information, payment details, invoice information.

Legal Entity Subscription Information (for pvision.io): Company title, tax identification number, authorized person's name and contact information, subscription package, and usage data.

3. Purpose of Processing Customers’ Personal Data

Customers' personal data are processed by PLAYPİK to enable the relevant individuals to benefit from the products and services offered, for the planning and execution of PLAYPİK’s commercial and/or business strategies, and to ensure the legal, technical, and commercial business security of PLAYPİK and relevant individuals who are in a business relationship with PLAYPİK. This processing is carried out within the framework of the personal data processing conditions specified in Articles 5 and 6 of the Law, particularly for the following purposes:

Provision of Augmented Reality (AR) Service: Ensuring that the photo printed on the ordered physical product (magnet, puzzle, etc.) and the video linked to this photo are matched and played through our mobile application.

AI-Powered Video Production Service: Producing video content using artificial intelligence from the photo uploaded by the user and integrating this content into the AR service.

Execution of Order Processes: Receiving the order, processing the payment, producing, packaging, and ensuring the delivery of physical products (where applicable).

Provision of Digital Services for International Customers: For orders placed from abroad, no physical product is shipped; only the digital augmented reality service is provided to enable the recognition of the customer's uploaded photo by the PLAYPİK application and the playback of the relevant (actual or AI-generated) video.

Subscription Management for Legal Entities (pvision.io): Creating subscriptions, allowing the use of the 1-month free trial and the management console, managing paid subscription packages, and ensuring service continuity.

4. Personal Data That May Be Processed with Customers' Explicit Consent under the Law and the Purposes of Processing

The types of personal data that may be processed with customers' explicit consent are specified in both the Explicit Consent Text and the Privacy Policy we have prepared.

5. Personal Data Transfer Policy

Customers' personal data may be shared with PLAYPİK, its personnel and officials, subsidiaries, business partners, shareholders, legally authorized public institutions and organizations, and private institutions, as well as our suppliers listed below, for the purpose of fulfilling the objectives specified in Article 3 of this text, within the framework of the personal data processing conditions and purposes stated in Articles 8 and 9 of the Law:

Suppliers: Cargo companies, payment service providers, product manufacturers, etc. (where applicable).

International Technology Providers: The technological infrastructure for some of our services, such as AI-powered video production and Augmented Reality, is located abroad. In order for you to benefit from these services, your personal data, such as photos and videos, may be transferred to our service provider abroad, based on your explicit consent to be obtained separately and specifically for this purpose, and by taking all necessary technical and administrative measures.

6. Method and Legal Basis for Collecting Personal Data

Personal data is collected electronically based on the transactions performed by customers through our websites or mobile application. The data may be processed and transferred with or without explicit consent, as per the purposes set out in this Disclosure Text and the Consent Text, provided it is not in contradiction with Articles 5 and 6 of the Law and the stated legal grounds.

7. Personal Data Retention Period

We retain the personal data we process for the period stipulated in the relevant legislation or for the period necessary for the purpose for which they are processed. In this context:

Data Related to Augmented Reality Service: The augmented reality service linked to the products ordered by our real person customers is actively provided for 3 (three) years from the order date. The photo and video data necessary to provide this service are stored in our systems during this period.

Extension of AR Service: At the end of the 3 (three)-year period, users may request the continued storage of their data in the database for the purpose of providing the AR service by using the "activate product" option on their profile screen.

Deletion or Anonymization of Data: In cases where the AR service is not actively extended by the user, the relevant photo and video data will be irreversibly deleted or anonymized from the databases where the service is provided, within 1 (one) week following the end of the 3 (three)-year period.

Other personal data (contact, order, invoice information, etc.) are retained for the legal statute of limitations and retention periods specified in legal regulations such as the Turkish Commercial Code and the Tax Procedure Law, for the purpose of fulfilling our legal obligations.

8. Customers' Rights as Personal Data Owners

In accordance with Article 11 of the Law, as personal data owners, you have the following rights:

To learn whether your personal data is being processed,

To request information if your personal data has been processed,

To learn the purpose of the processing of personal data and whether they are used appropriately for their purpose,

To know the third parties to whom personal data is transferred domestically or abroad,

To request the correction of personal data if it is incomplete or incorrectly processed and to request that the transaction carried out within this scope be notified to third parties to whom the personal data has been transferred,

To request the deletion or destruction of personal data in the event that the reasons for its processing cease to exist, despite being processed in accordance with the provisions of the Law and other relevant laws, and to request that the transaction carried out within this scope be notified to third parties to whom the personal data has been transferred,

To object to the occurrence of a result against the person himself/herself by analyzing the processed data exclusively through automated systems,

To demand compensation for damages in case you suffer damage due to the unlawful processing of personal data.

You may submit your requests regarding the use of these rights to our Company using the methods specified in the Privacy Policy prepared by PLAYPİK. Your requests will be evaluated and responded to within 30 days. Our Company reserves the right to charge a fee based on the tariff determined by the Personal Data Protection Board (if any) for the requests.