KapsulAI — Terms of Use

Terms of Use

Effective: May 14, 2024
Last Updated: May 14, 2024
Governing Law: Republic of Turkey
Version: 1.0

IMPORTANT — PLEASE READ CAREFULLY: These Terms of Use constitute a legally binding agreement between you and KapsulAI. By downloading, installing, or using the KapsulAI App, you agree to these Terms in their entirety. If you do not agree, do not use the App.

These Terms of Use govern your access to and use of the KapsulAI application and services. Please read them carefully before using our App.

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a binding legal agreement between you ("User," "you," or "your") and KapsulAI ("Company," "we," "us," or "our") governing your access to and use of the KapsulAI mobile application, website, and related services (collectively, the "Service").

By accessing or using the Service in any manner, including downloading the App, creating an account, or simply browsing the App, you represent that:

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. In the event of conflict between these Terms and the Privacy Policy regarding data processing matters, the Privacy Policy shall prevail.

We reserve the right to update or modify these Terms at any time. Continued use of the Service following notice of such changes constitutes your acceptance of the revised Terms.

2. Description of Service

KapsulAI is a digital health informational application built on Turkey-specific SGK (Social Security Institution) drug intelligence. The Service provides:

All features are provided for informational and educational purposes only. The Service does not provide clinical care, prescribe medications, or offer individualized medical advice. See Section 3 for our full medical disclaimer.

We reserve the right to modify, add, or remove features of the Service at any time without prior notice. We will make reasonable efforts to communicate material changes that affect core functionality.

3. No Medical Advice Disclaimer

THE SAFEDOSE APPLICATION IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE.

The following disclaimers apply in their entirety to all information, content, drug interaction results, alerts, and other outputs generated by the Service:

KapsulAI expressly disclaims all responsibility for any adverse outcomes, harm, or consequences arising from reliance on the Service in lieu of professional medical guidance.

4. Eligibility

To use KapsulAI, you must meet the following eligibility requirements:

We do not knowingly permit individuals under the age of 13 to create accounts or use the Service. If we discover that an account has been created by a person under 13, we will terminate that account immediately and delete all associated data.

5. Account Registration and Security

Certain features of the Service require you to register for an account. When you register, you agree to:

You may not create more than one personal account. You may not create an account using a false identity or on behalf of someone else without their explicit authorization.

We reserve the right to suspend or terminate accounts that we reasonably believe contain false or misleading information, or that are being used in violation of these Terms.

6. User Responsibilities and Prohibited Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

Violation of these prohibitions may result in immediate termination of your account and may expose you to civil and criminal liability under applicable Turkish and international law.

7. Intellectual Property Rights

7.1 Ownership

The Service, including the App, its underlying software, code, design, user interface, text, graphics, images, audio, and all content, as well as KapsulAI's proprietary SGK-based drug interaction dataset and methodology, are owned by KapsulAI or its licensors and are protected by Turkish and international intellectual property laws, including copyright, trademark, and trade secret law.

7.2 Limited License to You

Subject to your compliance with these Terms, KapsulAI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install the App on a mobile device you own or control, and to use the Service solely for your personal, non-commercial purposes.

This license does not include the right to:

7.3 User-Generated Content

Health data and medication information you enter into the App remain your data. You grant KapsulAI a limited, non-exclusive license to process this data solely for the purpose of providing the Service to you. This license is described in detail in our Privacy Policy.

7.4 Feedback

If you provide us with suggestions, ideas, or feedback about the Service ("Feedback"), you grant KapsulAI a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate such Feedback into our products and services without obligation or compensation to you.

8. Subscription, Billing, and Payments

8.1 Free and Premium Tiers

KapsulAI offers both a free tier with limited features and a Premium subscription with full access to all features. Free tier users may be subject to feature limitations or usage caps as described in the App.

8.2 App Store Billing

All purchases, subscriptions, and in-app transactions are processed exclusively through the Apple App Store or Google Play Store. KapsulAI does not directly collect or store your payment card information. All billing and payment terms are governed by your agreement with Apple or Google, respectively, and are subject to their policies.

8.3 Subscription Terms

8.4 Cancellation and Refunds

You may cancel your subscription at any time through your App Store or Google Play account settings. Upon cancellation, you retain access to Premium features until the end of the current billing period. No partial refunds are provided for unused subscription time, except as required by applicable law or as determined by Apple/Google's refund policies.

For refund requests, please contact Apple Support or Google Play Support directly, as all payment transactions are processed by those platforms.

9. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS SAFEDOSE'S LIABILITY TO YOU.

To the fullest extent permitted by applicable law:

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

10. Disclaimers and Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SAFEDOSE DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION:

Drug interaction data in KapsulAI is sourced from TİTCK-approved drug summaries, SGK databases, and internationally recognized pharmacological references. However, such data is inherently subject to change as new clinical information becomes available, and KapsulAI does not guarantee that its database reflects the most current state of pharmacological knowledge at any given time.

11. Indemnification

You agree to indemnify, defend, and hold harmless KapsulAI, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12. Termination and Account Suspension

12.1 Termination by You

You may terminate your account and stop using the Service at any time by deleting your account through Settings → Account → Delete My Account. Termination does not entitle you to any refund of prepaid subscription fees, except as required by applicable law.

12.2 Termination or Suspension by KapsulAI

KapsulAI reserves the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any of the following reasons:

12.3 Effect of Termination

Upon termination: (a) your right to use the Service immediately ceases; (b) your personal data will be deleted in accordance with our Privacy Policy; (c) provisions of these Terms that by their nature should survive termination shall remain in effect, including Sections 7 (Intellectual Property), 9 (Limitation of Liability), 10 (Disclaimers), 11 (Indemnification), and 13 (Governing Law).

13. Governing Law

These Terms and any dispute arising from or relating to them or the Service shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law provisions.

For users located in the European Union or other jurisdictions with mandatory consumer protection laws, those applicable mandatory provisions shall supplement and, to the extent of any conflict, prevail over these Terms with respect to consumers' statutory rights.

14. Dispute Resolution

14.1 Good Faith Negotiation

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute informally. You should contact us at legal@kapsulai.com.tr, describing your claim and desired resolution. We will make good-faith efforts to resolve the matter within 30 days.

14.2 Jurisdiction

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Istanbul, Turkey.

14.3 Consumer Rights

Nothing in this Section limits any statutory consumer rights you may have under the laws of the Republic of Turkey, including rights under the Consumer Protection Act (Law No. 6502). You may also lodge complaints with the Turkish Consumer Arbitration Committee (Tüketici Hakem Heyeti) for eligible disputes.

14.4 EU Users

If you are an EU consumer, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/odr.

15. Apple App Store — Additional Terms (iOS Users)

The following terms apply specifically to users who download KapsulAI from the Apple App Store. This constitutes a custom End User License Agreement (EULA) for the purposes of Apple's App Store agreements.

16. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

If you do not agree to the modified Terms, you must stop using the Service and may delete your account. Continued use of the Service following the effective date of updated Terms constitutes your acceptance of those Terms.

For changes that materially limit your rights or expand your obligations, we will provide at least 30 days' notice before the change takes effect.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms or policies incorporated by reference, constitute the entire agreement between you and KapsulAI regarding the Service and supersede all prior agreements, representations, and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

17.3 No Waiver

KapsulAI's failure to exercise or enforce any right under these Terms shall not constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of KapsulAI.

17.4 Assignment

You may not assign or transfer these Terms or your rights under them without KapsulAI's prior written consent. KapsulAI may freely assign these Terms, including in connection with a merger, acquisition, or sale of assets, with notice to you.

17.5 No Third-Party Beneficiaries

Except as explicitly stated in Section 15 (Apple), these Terms do not create any third-party beneficiary rights.

17.6 Force Majeure

KapsulAI shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, pandemic, government action, or infrastructure failure.

17.7 Language

These Terms are provided in English, which is the binding and controlling version. Any translations provided are for convenience only and shall not affect the interpretation or enforcement of the English version.

18. Contact Information

For questions or concerns about these Terms, or to exercise any rights described herein, please contact us:

Legal & Terms Inquiries

legal@kapsulai.com.tr
Response: within 10 business days

Privacy & Data Requests

privacy@kapsulai.com.tr

Security Issues

security@kapsulai.com.tr