MEMBERSHIP AND SERVICE AGREEMENT
1. PARTIES
The Membership and Service Agreement (the "Agreement") is concluded between the persons who will open a membership account on the website aiSecondOpinion.com (the "Website") ("Member") and All Next Health and Technology ("Company"). Hereinafter, the Company and the Member shall be individually referred to as the "Party" and collectively as the "Parties" in this Agreement.
2. DEFINITIONS
Website: Refers to the website with the domain name aiSecondOpinion.com.
Member: Refers to the individual who opens a membership account for the purposes of benefiting from the remote medical second opinion service infrastructure provided by the Website and/or utilizing the content available on the Website.
Specialist Radiologist: Refers to authorized physicians recognized as specialists in radiology by the competent authorities within the Republic of Turkey, in accordance with the Law on the Practice of Medicine and Medical Arts No. 1219 and other relevant regulations.
AI: Refers to the medical device class software developed to assist Specialist Radiologists in reading and interpreting images in the formats specified on the Website, by identifying and analyzing the sizes, colors, and distances within the contents of the images in accordance with the standards defined within the software.
Imaging Center: Refers to imaging centers authorized to provide services as imaging centers within the scope of relevant legal regulations.
AI-Assisted Second Opinion Service: Refers to the service provided as a result of the interpretation of the images, in the formats specified on the Website and uploaded through the Website infrastructure, by the relevant Specialist Radiologist utilizing AI.
Company: All Next Health and Technology, located at Tepe Prime İş Merkezi, Dumlupınar Bul. No:266, C Blok, İç Kapı No:34 Mustafa Kemal Mah., Çankaya, Ankara, Turkey, with MERSIS number 0055217714200001
3. GENERAL
3.1. Opening a membership account on the Website is free of charge. Individuals who wish to open a membership account on the Website must approve this Agreement and fill in the requested information accurately and up-to-date. Individuals who wish to open a membership account must be at least 18 (eighteen) years old. By completing the membership account registration, the Member accepts this Agreement and the Website's Terms and Conditions of Use.
3.2. At his/her sole discretion, the Member may purchase one of the services within the Website to receive AI-Assisted Second Opinion Service from Specialist Radiologists via the Website. The Member acknowledges and represents that he/she is aware that the AI- Assisted Second Opinion Service is not a healthcare service and that the content of the AI- Assisted Second Opinion Service does not constitute any diagnosis, prognosis, or treatment recommendation and is not advisory in nature.
3.3. The publicly available content on the Website cannot be considered as diagnosis, prognosis, or treatment recommendations and is not advisory in nature. the Company does not aim to promote, recommend, or prescribe any product or service.
4. AI-ASSISTED SECOND OPINION SERVICE
4.1. After opening a membership account on the Website, the Member may choose to purchase any of the services related to the AI-Assisted Second Opinion Service offered on the Website. These services vary in terms of the time required to deliver the outputs of the AI-Assisted Second Opinion Service to the Member.
4.2. Following the purchase of a service under Article 4.1, the Member may provide health data related to himself/herself or the individuals for whom he/she is a guardian/parent/legal representative, by filling out the relevant questionnaire on the Website for consideration by the Company and the relevant Specialist Radiologist in the AI-Assisted Second Opinion Service. The identity information of the Member or the individuals for whom he/she is a guardian/parent/legal representative included in any data transferred to the Specialist Radiologists will be automatically erased by privacy software and anonymized before being transferred to the Specialist Radiologist.
4.3. The Website will send a confirmation email to the Member following the purchase of a service under Article 4.1. The Member may exercise his/her right of withdrawal by sending an email to info@aiSecondOpinion.com before the Company sends the confirmation email to the email address provided during the membership account registration. However, the Member's right of withdrawal will terminate once the Company sends the confirmation email, as the AI-Assisted Second Opinion Service will commence using the Member's consented data with the help of AI. If the Member has the right to withdraw and exercises it, the payment made will be refunded to the relevant payment instrument within 14 (fourteen) days. The time it takes for the refund to be reflected in the Member's account may vary depending on the relevant intermediary institution.
4.4. If the AI-Assisted Second Opinion Service purchased under Article 4.1 is not fully performed within the specified time, the Member may request a refund by sending an email to info@aiSecondOpinion.com. The refund will be processed to the relevant payment instrument within 14 (fourteen) days. The time it takes for the refund to be reflected in the Member's account may vary depending on the relevant intermediary institution.
4.5. The communications within the scope of the AI-Assisted Second Opinion Service provided through the Website are limited and do not include remote consultations or face-to-face consultations and the measures and procedures taken through remote consultations and face-to-face consultations. Therefore, the Company and the Specialist Radiologist may not be aware of facts or information that could affect the delivery of the AI-Assisted Second Opinion Service. To mitigate this risk, the Company strongly recommends discussing the content of the AI-Assisted Second Opinion Service with your own specialist radiologist. By purchasing the AI-Assisted Second Opinion Service, you acknowledge and represents that you are aware of this limitation and accept the resulting risks. Furthermore, you acknowledge and represents that the AI-Assisted Second Opinion Service and its content are: (i) limited and temporary; (ii) do not include medical examination, diagnosis, prognosis, treatment, or rehabilitative services; (iii) cannot replace a medical examination or consultation with a physician and are not provided for this purpose; (iv) the Specialist Radiologist does not provide any medical examination services within the scope of the AI-Assisted Second Opinion Service; (v) the Specialist Radiologist does not possess important information obtained through medical examination; and (vi) the AI-Assisted Second Opinion Service only consists of the non-medical interpretation of the relevant data.
5. USE OF THE WEBSITE
5.1. Links to other websites belonging to third parties may be provided on the Website. the Company is not responsible for the content of the linked websites and is not obligated to verify their accuracy, quality, or currency. The Member shall access these sites at his/her own risk.
5.2. The Member agrees, represents, and undertakes that he/she will not use the Website in any manner and under any circumstances that disrupts public order, is contrary to public morality, disturbs or harasses others, serves an illegal purpose, infringes upon others' intellectual and copyright rights, or prevents or hinders others' use of the Website.
5.3. The Member has preemptively agreed not to seek compensation from the Company for any damages he/she may suffer due to his/her use of the Website.
5.4. The Member has agreed not to access or use the data and information of other users, healthcare professionals, or anyone whose data is not open to the Member on the Website without permission. Otherwise, all legal and criminal responsibilities arising from this will be solely and exclusively borne by the Member.
5.5. In the event that the Member receives an AI-Assisted Second Opinion Service for a minor or a restricted person for whom he/she is the legal representative, the Member, as the legal representative, is responsible for providing the information on the Website, consenting to the relevant services, and informing the minor or restricted person who has the capacity to discern.
6. MEMBER INFORMATION
6.1. To open a membership account on the Website, individuals must correctly specify their first name, last name, email address, phone number, and confirmation of being of legal age in the relevant membership account form. The Member represents and undertakes that the personal and other information provided before using the Website is accurate according to the law and will keep this information up to date, compensating the Company for any damages incurred due to any inaccuracies in this information immediately and in full. If it is determined that the information provided by the Member to the Company is not accurate or up-to-date, the Company reserves the right to immediately terminate this Agreement, along with its other rights as regulated in this Agreement.
6.2. The Member shall pay the service fee related to the AI-Assisted Second Opinion Service through the Website. Payments made through the Website will be processed through an intermediary institution authorized to operate under the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services, and Electronic Money Institutions and its secondary regulations. If payment is not made, the purchase may be considered incomplete.
6.3. The credit card information provided by the Member for the payment of the service fee is not stored by the Company. The Member should contact the intermediary institution or his/her bank for any inquiries or complaints regarding payment services.
6.4. The Member cannot open a membership account on behalf of someone else, share any data belonging to someone else with the Website without prior written consent, share any data belonging to someone else without informing the Website in advance, and cannot share any unlawful data with the Website.
6.5. If the Member sets a username or in all communications within the Website, he/she shall not use slang, insulting, racist, discriminatory, aggressive, pornographic, compromising, violent expressions, or any advertising and promotional content related to any product or service that is illegal.
6.6. The Member agrees, represents, and undertakes that he/she will not share his/her password with other individuals or organizations, will use it personally, and that all transactions carried out with his/her username and password will be considered performed by him/her, and he/she will not raise any defenses or objections claiming otherwise, and will not avoid fulfilling his/her obligations based on such defense or objections, and will hold the Company harmless against all responsibilities and claims that may arise from third parties or authorities due to non-compliance with this article.
7. MEMBERSHIP, ACCEPTANCE, AND TERMINATION PROCEDURES
7.1. The Member agrees, represents, and undertakes to act in accordance with the provisions of this Agreement, all current and/or future terms of use of the Website, and applicable laws while using the Website. The Member is solely responsible for any damages arising from contrary actions.
7.2. The Member shall not use the Website in a manner that is unlawful or immoral, including but not limited to the following:
7.3. If the Member acts in violation of the Agreement, all current and/or future terms of use of the Website, or applicable laws, provides false and/or incorrect information while visiting the Website and/or opening a membership account, makes unjust statements that discredit the Website, shares the Website in any medium with false statements and/or non-existent features, or in other cases deemed necessary at the Company's sole discretion, the Company reserves all rights and may temporarily or permanently suspend the Member's use of the Website or terminate his/her membership immediately without any reason.
7.4. The Member may terminate his/her membership on the Website at any time using the "Unsubscribe" option.
7.5. Even if the membership is terminated for any reason, all responsibilities related to the activities associated with the Member's account remain exclusively the responsibility of the Member.
8. INTELLECTUAL PROPERTY
8.1. The Website is exclusively owned by the Company. The information, writings, images, logos, videos, trademarks, slogans, and other marks on the Website, its design, operation, and presentation, the programs and codes used on the Website, and all other elements subject to industrial and intellectual property rights are owned by the Company and/or third parties from whom the Company has obtained permission or licenses.
8.2. It is prohibited to alter, partially or fully reproduce, present, store, share, or publish the Website or its content without permission, or use it for commercial purposes in any way ("Prohibited Activities"). The Member agrees, represents, and undertakes that he/she will not engage in Prohibited Activities and will immediately and fully compensate the Company for any damages incurred upon first request.
8.3. The Member acknowledges that the ideas and expressions in the Software are both the proprietary information and trade secrets of the Company. The Member shall not cause or permit the following: (i) modifying, adapting, transforming, disassembling, decompiling, reverse engineering, or otherwise converting the Website into a human-perceivable form; (ii) disclosing, copying, displaying, loaning, publishing, transferring (selling, exchanging, gifting, by law, or otherwise), or otherwise distributing the Website in whole or in part to any third party (except for licensed third parties); and (iii) creating derivative works of the Website without prior written permission from the Company.
8.4. The Member agrees, represents, and undertakes not to use the whole or any part of the Website in another medium without the written consent of the Company.
8.5. The Member has transferred to the Company the intellectual property rights to his/her opinions, suggestions, or any ideas related to the Website, the services provided through the Website, or any other material (if such ideas are protected as works under relevant legislation, including rights of processing, reproduction, dissemination, representation, communication to the public, and translation), on a worldwide, exclusive, perpetual, transferable, sublicensable, and unrestricted basis.
8.6. Without prejudice to other provisions of this Agreement, the ownership of the intellectual property submitted by the Member to the Company through uploading to the Website will remain entirely with the Member. However, the Member grants the Company a worldwide, non-exclusive, perpetual, irrevocable, and sublicensable right to use such intellectual property, including the rights of processing, reproduction, dissemination, representation, communication to the public, and translation for the delivery of AI-Assisted Second Opinion Services, research activities, product and service development activities, service improvements, commercialization, or other purposes.
9. MEMBER’S REPRESENTATION CONCENT
9.1. The Member acknowledges and represents that he/she is aware that the AI-Assisted Second Opinion Service provided through the Website is not a healthcare service and that does not include any medical examination, diagnosis, treatment, or rehabilitative service. The Member acknowledges and represents that he/she understands that the AI-Assisted Second Opinion Service, and any analysis, information, and comments within it, are not the results of any medical examination, diagnosis, treatment, or rehabilitative service. The Member acknowledges and represents that he/she understands that these analyses, information, and comments cannot be interpreted as any medical examination, diagnosis, treatment, or rehabilitative recommendation, and that he/she do not substitute for a healthcare service. The Member further acknowledges and represents that these analyses, information, and comments are purely the result of an analysis of the dimensions, colors, and distances of images in the formats specified on the Website and transmitted through the Website, conducted in accordance with predetermined standards.
9.2. The Member acknowledges and represents that the images in the formats specified on the Website and the information he/she has provided through the Website are entirely his/her responsibility. the Company is not responsible for any damage or loss the Member may incur, whether due to incorrect or incomplete information or not. the Company has the sole discretion to reject, delete, and decide not to provide the AI-Assisted Second Opinion Service without any reason. The Member acknowledges and represents that he/she is aware of and agree to the Company’s authority in this matter.
9.3. The Member acknowledges and represents that the AI-Assisted Second Opinion Service provided through the Website does not establish any patient-healthcare professional relationship (including but not limited to the practice of medicine).
10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
10.1. UNLESS OTHERWISE PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT WARRANT ACCURACY, COMPLETENESS, OR USABILITY OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES. THE COMPANY DISCLAIMS ANY LIABILITY ARISING FROM YOUR LOCATION. THE COMPANY DOES NOT REGULATE, MODIFY, FILTER, MONITOR, APPROVE, OR GUARANTEE ANY PART OF OR RESULTS FROM THE AI-ASSISTED SECOND OPINION SERVICE AND ITS CONTENT. THE COMPANY IS NOT OBLIGATED TO MEDIATE DISPUTES BETWEEN YOU AND THE RADIOLOGISTS.
10.2. UNLESS OTHERWISE PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, AI-ASSISTED SECOND OPINION SERVICE, AND ITS CONTENT ARE ACCURATE, COMPLETE, OR USABLE; NO WARRANTY IS GIVEN, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR USABILITY; AND (II) NO WARRANTY IS GIVEN THAT THE WEBSITE AND AI-ASSISTED SECOND OPINION SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL CONTENT; THIS WEBSITE AND AI-ASSISTED SECOND OPINION SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES (TO YOU OR ANY THIRD PARTY) RESULTING FROM THE USE OF THE WEBSITE AND AI-ASSISTED SECOND OPINION SERVICE AND ITS CONTENT.
11. OTHER PROVISIONS
11.1. The Parties shall maintain the confidentiality of any and all information and documents (collectively “Confidential Information”) he/she has learned/acquired in connection with and including the provisions of this Agreement from the effective date of this Agreement and shall not use or disclose such information except for the fulfillment of his/her obligations under this Agreement or as required by law.
11.2. The Parties agree, represents, and undertake to collect and process any data that identifies or can identify a specific individual, alone or together with other information ("Personal Data"), obtained under this Agreement, in compliance with the applicable legislation, primarily the Personal Data Protection Law No. 6698 and related secondary regulations, and decisions of the Personal Data Protection Board ("Data Protection Legislation"), and not to use such Personal Data for any purpose other than fulfilling the obligations under this Agreement.
11.3. The transaction records of the Member are recorded in accordance with the relevant legal regulations. These records will be accessed in a restricted manner only in case of a request from official institutions and will not be transmitted to relevant official institutions and services unless it is a legal obligation to do so. For detailed information, you can review the Clarification Texts available on the Website.
11.4. The Company shall not compensate the Member in any way.
11.5. This Agreement shall be governed by and interpreted in accordance with Turkish law. All disputes arising out of or related to the conclusion and implementation of this Agreement shall be exclusively resolved by the Ankara Courts and Enforcement Offices. Provided that the Member resides in Turkey and the legal limits are not exceeded, if a dispute arises concerning the agreement between the Company and the Member, the Member may apply to the authorized Consumer Court or Consumer Arbitration Committee. None of the provisions of this Agreement shall affect the legal rights of the Member.
11.6. This Agreement constitutes the entire agreement between the Member and the Company concerning the Website, as amended from time to time by the Company. the Company may unilaterally amend this Agreement and any policies, services, and functions on the Website, including making them chargeable by announcing such changes on the Website at any time, provided it does not conflict with the provisions of applicable legislation. The amended provisions of this Agreement shall become effective on the date they are announced on the Website, and the remaining provisions shall continue to remain in force and produce their effects. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of the remaining provisions.
11.7. The responsibility for the information recorded in the membership account rests with the Member. The Member should not disclose the membership account information to third parties under any circumstances.
11.8. The Member shall conduct transactions on the Website in a manner that does not technically harm the Website. The Member agrees, represents, and undertakes that he/she has taken all necessary precautions, including using protective software and products against any programs, viruses, software, etc., that may harm the Website. The Website is not responsible for any damages that the Member may incur, including viruses or any other harm to the device used to access the Website due to technical malfunctions or other reasons.
11.9. Notifications related to the Membership Agreement shall be sent to the Member’s email address provided on the Website or made by calling the phone number, sending SMS, and push notifications. Unless the changes in the notification addresses and numbers are notified to the other party, notifications made to the existing and known addresses and numbers shall produce all the legal consequences of a valid notification.
11.10. The Member may not assign, transfer, or sublicense any of his/her rights and obligations under this Agreement to another person without prior written consent from the Company.
11.11. Force majeure events are events that are beyond the Company's control, unforeseeable and unavoidable by the Company, including but not limited to changes in legal regulations making the performance of the Agreement impossible, natural disasters, pandemics, and war events, preventing the fulfillment of the rights and obligations subject to this Agreement, and not arising from the Company's own negligence ("Force Majeure"). the Company shall not be held liable for any failure to fulfill its obligations under this Agreement due to Force Majeure.
This Agreement shall come into effect as of the moment it is read and electronically approved by the Member.
MESSAGE CONSENT
I consent to the sending of commercial electronic messages to the contact information I have provided during my membership registration process on the aiSecondOpinion.com website and that I will share with All Next Health & Technology (MERSIS NO: 0055217714200001) (“Company”) in the future, through the channels I have selected, for advertising, campaigns, offers, promotions, announcements, celebrations, surveys, sweepstakes, competitions, e-newsletter delivery, and similar marketing activities by the Company.
PRIVACY POLICY
1. DATA CONTROLLER
Your personal data, as well as the personal data of the minors and restricted persons for whom you are the guardian, custodian, or representative, are processed by All Next Health and Technology ("Company") as the data controller, within the scope of the provisions of the Law on the Protection of Personal Data No. 6698 (“PDPL”) and within the framework of this aiSecondopinion.com Privacy Policy (“Privacy Policy”).
Our Company respects your privacy and your rights concerning the protection of your personal data and strives to establish and maintain a trust-based relationship with you. In this regard, our Company processes your personal data and the personal data of the minors and restricted persons for whom you are the guardian, custodian, or representative, in compliance with all legal regulations related to personal data protection, primarily the PDPL. We take all necessary security measures to ensure the security of these data.
This Privacy Policy explains the scope and purposes for which we process the personal data collected by our Company through your use of the www.aiSecondopinion.com website ("Website"), as well as through applications, sales, and/or after-sales support services related to our products and/or services. It also details the extent to which we may transfer your personal data, as well as the data of the restricted and/or minor users of the Website for whom you are the guardian, custodian, or representative, to third parties.
2. METHODS OF COLLECTING PERSONAL DATA, PROCESSED PERSONAL DATA, AND PURPOSES AND LEGAL REASONS FOR PROCESSING PERSONAL DATA
2.1 Method of Collecting Personal Data and Processed Personal Data
During your membership registration on the Website and subsequently if you make remote service purchases from the Website, we will process your personal data and the personal data of the minors and restricted persons for whom you are the guardian, custodian, or representative, based on the categories of personal data specified below that you share with us.
2.1.1 Personal Data Processed During Website Membership Registration
Personal Data
Identity Data: Your first and last name.
Contact Data: Address information, email address, social media platform contact information or other platforms used for membership registration (if the registration is completed via social media platforms or other platforms used for membership registration), and phone number.
Transaction Security Data: Device operating system and version, type, model, IP address, user transaction records, and passwords (encrypted).
2.2.2 Personal Data Processed During Performance of the Service Following the Remote Service Purchase from the Website
In addition to the personal data collected during the membership registration on the Website:
Financial Data: Credit card number and billing information.
Transaction Data: Data related to service purchases through the Website.
Health Data: Images in the formats specified on the Website (with identifying information of the person anonymized), health data related to past illnesses, health data of family members, and the AI-assisted second opinion service prepared by the healthcare professional (with identifying information of the person anonymized).
2.2 Purposes and Legal Reasons for Processing Personal Data
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3. TRANSFER OF PERSONAL DATA
Personal data processed for the purposes explained above may be transferred to the following groups of persons in accordance with the basic principles stipulated in the PDPL and in compliance with Articles 8 and 9 of the PDPL:
Identity, financial, contact, transaction, transaction security, and health data are transferred to cloud operating system service providers that the Company uses for the purpose of executing processes related to the sale, provision, and performance of the services offered by the Company, as well as ensuring operational security, due to the Website being cloud-based.
Identity, contact, and financial data are transferred to relevant payment service providers, banks, and other financial institutions for the purpose of financing the services.
Identity and contact data are transferred to relevant public institutions and organizations for the Company to fulfill its financial and accounting obligations arising from the laws of the Republic of Turkey.
Contact data are transferred to relevant public institutions and organizations to fulfill the Company's obligations arising from the laws of the Republic of Turkey and to service providers for the delivery of commercial electronic messages to you, provided that you have given the Company consent to receive such messages.
The Company may transfer identity, contact, transaction, and transaction security data categories, as well as special categories of personal data in the health data category, to authorized public institutions and organizations both domestically and/or abroad for the purposes specified for each data category above, primarily to fulfill its legal obligations arising from the laws and to follow legal proceedings.
4. RIGHTS UNDER PDPL
We inform you that, pursuant to Article 11 of the PDPL, relevant individuals have the following rights:
You can submit your applications regarding the above-mentioned rights in accordance with the provisions of the Communiqué on the Procedures and Principles of Application to the Data Controller, through the Personal Data Application Form available on the Website, and with information/documents verifying your identity in order for our Company to confirm that you are the rightful owner, by delivering it in person or by registered mail to our Company's address or by secure electronic signature, mobile signature, or to the email address info@aiSecondOpinion.com (using your email address registered in our systems). Depending on the nature of your request, your applications will be concluded free of charge as soon as possible and no later than 30 (thirty) days; however, if the process requires an additional cost, a fee may be charged in accordance with the tariff determined by the Personal Data Protection Board.
5. COMPANY INFORMATION
All Next Health and Technology (“Company”)
Address: Tepe Prime İş Merkezi, Dumlupınar Bul. No:266, C Blok, İç Kapı No:34 Mustafa Kemal Mah, Çankaya, Ankara, Türkiye
Telephone: +90 312 2216108
MERSIS Number: 0055217714200001
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