This Terms and Conditions (“Terms”) is made here to
stipulate the service conditions of dopiSAT on a smart phone and tablet, which has been
developed by Doping Bilisim Teknnolojileri Anonim Sirketi.
(“dopiSAT”), between
individuals using this service (“users” or “user”) and
dopiSAT.
“dopiSAT,” or “we,” “our,” or
“us” in these Terms and Conditions means Doping Bilisim Teknnolojileri Anonim
Sirketi. In all cases, “dopiSAT”, “we,” “our,” or
“us” includes agents, consultants, employees, officers, and directors.
dopiSAT operates under the legislation of Turkey (reg number:
0310129677600001), with its registered office at Maslak Mah. AOS 55. Sok. 42 Maslak No:4/588
Sarıyer, Istanbul, Turkey and subject to VAT under the number 3101296776.
Please read these Terms and Conditions and our Privacy Policy before using
dopiSAT’s Services. These Terms and Conditions set out the terms and conditions that
apply
when you use our Services (described below). When you use our Services, you agree to be
bound by
these terms and conditions. If you don’t agree to all the terms and conditions, you
must
not use our Services.
Our Privacy Policy describes how we collect, store, use, and
disclose, and otherwise process your personal information when providing our Services to
you,
and your rights and choices concerning your information. When you use our Services, you
acknowledge that our Privacy Policy applies. If you do not want dopiSAT to collect, store,
use,
or share your information in the ways described in our Privacy Policy, you must not use our
Services.
THIS AGREEMENT PROVIDES THAT ALMOST ALL DISPUTES BETWEEN YOU AND
DOPİSAT ARE SUBJECT TO BINDING ARBITRATION AND CONTAINS A WAIVER OF CLASS AND COLLECTIVE
ACTION
RIGHTS AND ANY RIGHT TO A JURY TRIAL AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER
SECTION BELOW a. BY ENTERING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO SUE IN COURT, HAVE
YOUR
CLAIMS HEARD BY A JURY, AND TO BE PART OF A CLASS OR COLLECTIVE ACTION, TO RESOLVE THESE
DISPUTES, AS EXPLAINED IN MORE DETAIL IN THAT SECTION.
BY ACCESSING THE PLATFORM OR REGISTERING FOR A USER ACCOUNT, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT,
INCLUDING,
AS APPLICABLE, THE ARBITRATION AND CLASS ACTION PROVISIONS AND VIDEO RECORDING PROVISIONS,
AND
THAT YOU ARE BINDING YOU, YOUR HEIRS, ASSIGNS, AND SUCCESSORS TO THIS AGREEMENT.
Definitions
“dopiSAT” refers to Doping Bilisim
Teknnolojileri Anonim Sirketi and/or its online education platform which includes video chat
Sessions with tutors and recorded video solving (Solution) service by tutors in terms of
Math
lesson.
“Tutor”
refers to instructor who attends sessions and takes solution
videos in dopiSAT. All instructors applied and accepted as Tutor in dopiSAT are referred
together as “Tutors”.
“Solution” refers to each video that
Tutor takes while solving problems that student Users send to dopiSAT question pool. All
solutions made by Tutor is referred collectively as
“Solutions”.
“Session” refers to each video call between Tutor and User regarding Tutor’ s
consulting in term of User’ s question. Every Session lasts for 10 mins. All Sessions
made
by Tutor is referred collectively as “Sessions”.
“Guideline” means the guideline that
is
generated for tutors to understand and comply with principles and standards of dopiSAT Tutor
platform.
“User” or
“Student
User” refer student users signed up
dopiSAT.
“Tutor account” refers the account that Tutors can review details about
their
accumulated earnings, Sessions and Solutions.
Tutor Membership and account
- Eligibility
- You may use the Platform only if you can form a binding
contract with dopiSAT, and only in compliance with this Agreement and all applicable
local,
state, national, and international laws, rules, and regulations.
- If you accept these Terms, you represent that you are over
the
age of 18.
- dopiSAT requires you to have a degree related to mathematics
teaching or mathematics.
- dopiSAT currently accepts applicants merely from the USA and
India.
- Acceptence as a Tutor
- First, you should complete dopiSAT Tutor Application Form
(“Form”) and upload
relevant documents to the Form (the entire process is called as
“application”). An
acceptance e-mail is sent to the applicant
(“Applicant”) who is
considered competent and has the system
requirements.
- These Terms become binding when Applicant is notified for
acceptance via e-mail.
- Once you receive the acceptance notification, you can
access
your Tutor account through mobile or tablet. The access to the account will be done by
e-mail authentication. You are responsible for maintaining the confidentiality of your
account information and are fully responsible for all activities that occur under your
account.
- The status of dopiSAT as a platform
- You understand and acknowledge that dopiSAT is not the
business
of providing tutoring services itself. dopiSAT provides an online platform that connects
Users with Tutors.
- dopiSAT is not an employer of, or joint employer or
integrated
or single enterprise with any Tutor. You acknowledge and agree that dopiSAT has no
responsibility for, control over, or involvement in the scope, nature, content, quality,
character, timing or location of any work or services performed by Tutor. Nevertheless,
in
order to provide better service to Users dopiSAT may examine Sessions and Solutions and
warn
Tutors if necessary. In the case that Sessions and Solution are not appropriate to this
Terms, dopiSAT may suspend temporarily or terminate the account of Tutor
irrevocably.
- By becoming a Tutor
- You agree to:
- provide true, accurate, current
and
complete information about yourself as designated by the registration form available on
dopiSAT
- maintain and promptly update your
registration data to keep it true, accurate, current and complete.
- If we have reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete, dopiSAT
reserves the right to suspend or terminate your account and refuse any and all current
or
future use of the service (or any portion thereof) at any time.
- You shall be solely responsible
for
any and all claims, judgments and liabilities resulting from any loss or damage
including,
but not limited to, personal injuries, death, total loss and property damage which is
due to
or is alleged to be a result of the service provided by you.
- You shall not contact Users for
purposes other than in connection with the service.
- You are forbidden from giving out
coupons and suggesting any other form of discounts to the Users.
- You are strictly forbidden to use
the
service for other purposes such as but not limited to data mining of dopiSAT’ s
information or information related to the application or the service. A breach hereof
constitutes a grave offence and may be treated as industrial espionage or sabotage, and
dopiSAT reserves the right to take legal action against you, and/or any person, whether
natural or artificial, directing or instructing you, in the event you use the service
other
than for the purpose for which it is intended to be used.
- The Criteria of Solution
- You acknowledge that the solving of questions sent by Users
to
dopiSAT plays an essential role in terms of Users’ test or school success.
Therefore,
you declare and undertake that you will show the utmost care expected from an
instructor.
- Tutor accepts, declares and undertakes that, including but
not
limited to,
- Solution is scientific-based,
methodical, accurate, clear, and coherent,
- Tutor’ s explanation in
Solution
is audible,
- Solution is not blurred,
- Tutor will retake the video in
case of
a sound that disrupt the video content,
- Tutor will not solve the questions
in
Platform if they are from a school test
- Tutor complies with
Guideline
and takes care to act sensitively and cautiously while solving
questions in an extensive meaning (all together consists of “Criteria
of
Solution”).
- The Criteria of Session
- You acknowledge that the making video chat with Users over
dopiSAT plays an essential role in terms of Users’ test or school success.
Therefore,
you declare and undertake that you will show the utmost care expected from an
instructor.
- Tutor accepts, declares and undertakes that, including but
not
limited to,
- Tutor’ s camera is always
on,
- Tutor’ s video and audio are
clear,
- Tutor’ s background is
plain,
- Tutor’ s environment is not
noisy, or not affecting the quality of Sessions,
- Tutor is alone and careful
attire,
- Tutor complies with
Guideline
and takes care to act sensitively and cautiously while making
Sessions in an extensive meaning
- You accept that video calls are essential in Sessions and
that
you cannot turn off your camera voluntarily. However, Users cannot be compelled in any
way
to open their cameras during Sessions. (All together consists of
“Criteria of Session”).
- Payment
- For each successfully completed Session or Solution,
dopiSAT
will pay payment to Tutor. Your accumulated earnings will be displayed in your personal
Tutor account, and when your earning exceeds to $100, it is transferred to your account
between 1st
and 5th of
each month. After transferring made by dopiSAT, earning section will be reset. However,
you
can see your total earning separate.
- Payment may be changeable by considering Student
User’ s
rate. Although dopiSAT is not bound to Student ratings and recordings, we consider them
while realizing payment.
- dopiSAT retains the right to suspend the processing of any
transaction where it reasonably believes that the transaction may be fraudulent, illegal
or
involves any criminal activity or where you and/or the User have breached any of this
Terms
and Conditions. In such an event, you shall not hold dopiSAT liable for any withholding
of,
delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
- dopiSAT may, at its sole discretion, make promotional
offers
with different features and different rates on the services to any of the Users whereby
these promotional offers shall accordingly be honored by you. dopiSAT may change the
Service
Fee at any time at its sole discretion.
- You accept and understand that you are responsible for
satisfying any and all tax-related and other information reporting, withholding,
collection,
remittance and payment obligations applicable to any compensation received from dopiSAT
for
Sessions and Solutions.
- Ratings and Recordings
- You accept and acknowledge that Sessions and Solutions may
be
rated by Student Users. Moreover, Sessions and Solutions are recorded for security,
performance review and other reasons deemed necessary by dopiSAT from time to
time.
- Every rating and recording will be automatically logged
onto
dopiSAT’ s system and dopiSAT may analyze all ratings and recordings
received.
- dopiSAT may assess the payment amount in between minimum
and
maximum scale for Sessions and Solutions. In addition, dopiSAT may take all appropriate
actions including suspending your use of the service without any notice or compensation
to
you.
- Requirements
It is required to have 7.0 (API level 24) for Android operating
system and at least 11 version for IOS to use dopiSAT. You should also maintain suitable
network
connections.
- Using the Services
- Subject to these Terms, we grant you a non-exclusive,
non-assignable, non-sublicensable, personal, non-transferable, revocable, limited
license to
access and use the Platform as it is provided to you by dopiSAT solely for your
personal,
noncommercial use and only in connection with your access to and participation in the
Platform and only in a manner that complies with all legal requirements that apply to
you or
your use of the Platform, including those relating to data security and data privacy,
such
as those specified in Privacy Data. You agree not to use the Services for any other
purpose.
- You will not use, copy, adapt, modify, prepare derivative
works
based upon, distribute, license, sell, transfer, publicly display, publicly perform,
transmit, stream, broadcast, or otherwise exploit the Platform or content available
therein,
except as expressly permitted in this Agreement. The Platform or content available
therein
are provided to you AS IS. If you download or print a copy of any content available on
the
Platform for personal use, you must retain all copyright and other proprietary notices
contained thereon. No licenses or rights are granted to you by implication or otherwise
under any intellectual property rights owned or controlled by dopiSAT or its licensors,
except for the licenses and rights expressly granted in this Agreement.
- You may not resell the services or any portion of the
content or
the functionality of the platform to any other party.
- You agree to only engage in Sessions for your personal,
non-commercial purposes and agree not to record, copy, redistribute, broadcast, publicly
perform or publicly display any such Session, except as allowed by this
Agreement.
- User Content
- The Services may allow you to, including, but not limited
to,
create a username, contact us through feedback or messages, send
(“User
Content”).
- You agree that have the right to share and use such User
Content, that it and you will not share anything against to ethics, public
morality.
- You agree that the availability or publishing of any such
User
Content as part of our Services will not cause us to infringe the rights of any third
party
or to be in breach of any applicable law or regulation. Please, therefore, make sure you
do
not post any content which may infringe any third-party rights. We may need to remove
any
potentially infringing content without notice. You agree to compensate us for any losses
we
suffer as a direct result of any breach by you of any of the promises made by you in
this
paragraph.
- Intellectual Property and/or Right of Use
- You accept and undertake to grant the following rights
below to
dopiSAT exclusively and unlimitedly, arising from Solutions: adaptation, reproduction of
the
work or the reproduced work, distribution, performance, broadcasting rights in any form
of
digital media and/or digital platforms (including mobile application environments,
digital
media platforms and social media), radio and television, reproduction in audio, visual,
and
written media, printing and broadcasting, broadcasting separately, simultaneously and at
different times in digital media, internet, radio and television, using and distribution
in
various languages in digital media, radio and television productions and broadcasts,
transmitting to entities/persons national and/or international, use in other productions
and
broadcasts by taking any part of Solution, rebroadcasting, using in internet and digital
platforms.
- You accept and undertake that the following rights of the
Solutions are to be used without any restriction in terms of place, number, duration,
area/platform, and content: fixation of the performance, reproduction, sale,
distribution,
rental, and lending of the performance, communication of such fixation to the public by
devices permitting transmission of signs, sounds and/or images, as well as its
retransmission and representation, including but not limited to, broadcast, and making
such
fixation available to the public via digital areas/platforms, and transmission to the
public
via wired and wireless means; representation, identification as the performer of
Solutions;
demand for the protection of the integrity of the performance.
- Ownership
- All rights, title and interest in and to the Service
(including
without limitation any content, titles, computer code, themes, objects, characters,
character names, stories, dialogue, catch phrases, concepts, artwork, animations,
sounds,
musical compositions, audio-visual effects, methods of operation, copyrights,
documentation,
user’ movement, and server software) are owned by dopiSAT. dopiSAT reserves all
rights, including without limitation, all intellectual property rights, or other
proprietary
rights, in connection with dopiSAT application and the Service.
- So long as you abide by these Terms you may use the
Services
subject to these Terms. You agree not to use the Services for any other purpose and
agree
that dopiSAT will have no liability to you for any damage or loss arising from
unauthorized
uses.
- If you breach these Terms, or any of our other terms that
apply
to you, we may take action against you, up to and including terminating your account. In
addition, you may be breaking the law, including breaches or violations of
dopiSAT’s
intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE
SERVICES,
INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY
SERVICES OF DOPİSAT, IS A BREACH OF DOPİSAT’S POLICY AND MAY BE A BREACH OR
VIOLATION
OF CRIMINAL AND CIVIL LAWS.
- Account Deletion and Termination
- The users may terminate their accounts any time, for any
reason, by sending e-mail support@dopisat.com.
- If it is considered that you have breached any of these
terms,
furnished dopiSAT with false or misleading information, or interfered with use of the
website or the service by others, dopiSAT may terminate your account or your access
immediately, with or without notice to you, and without liability to you.
- Disclaimer
- We do not guarantee that the information available on our
platform is accurate, complete or updated. The content of this platform is provided for
general information and should not be taken as a professional advice. Please consult
other
more reliable and accurate sources. Any use of the material provided on our platform is
at
your own risk.
- dopiSAT excludes liablity for interruptions to or delays
any
loss or damage of any kind howsoever arising, including without limitation any direct,
indirect or consequential loss whether or not such arises out of any problem using
dopiSAT
services and dopiSAT shall have no liability to pay any money by way of compensation,
including without limitation all liability in relation to: i. Any incorrect or
inaccurate
information on dopiSAT. ii. Any interruptions to or delays in dopiSAT platform. iii. The
infringement by any person of any Intellectual Property Rights of any third-party caused
by
their use of the application or any product or service purchased through the
application.
Any loss or damage resulting from your use or the inability to use the application or
resulting from unauthorized access to, or alteration of your transmissions or data in
circumstances which are beyond our control. iv. Any loss of profit, wasted expenditure,
corruption or destruction of data or any other loss which does not directly result from
something we have done wrong. v. Any amount or kind of loss or damage due to viruses or
other malicious software that may infect a user’s computer equipment, software,
data
or other property caused by persons accessing or using content from The Website and
application, or from transmissions via emails or attachments received from dopiSAT. vi.
All
representations, warranties, conditions and other terms which but for this notice would
have
effect.
- Non-Commercial Use
The service may not be used in connection with any commercial
purposes, except as specifically approved by dopiSAT. Unauthorized framing of or linking to
any
of dopiSAT is prohibited. Commercial advertisements, affiliate links, and other forms of
content
without notice and may result in termination of the account.
- Prohibited Activities
- You agree not to:
- communicate with Student Users in any way outside of
dopiSAT or
attempt to do so
- share contact information with Student Users in any way
during
Sessions or in Solutions
iii. intimidate or harass any Student User
- register for more than one Tutor account, register for a
Tutor
account on behalf of an individual other than yourself, or register for a Tutor account
on
behalf of any group or entity
- impersonate any person or entity, or falsely state or
otherwise
misrepresent yourself, your age or your affiliation with any person or entity
- upload, post, transmit, share, store or otherwise make
available any content that we deem to be harmful, threatening, unlawful, defamatory,
infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of
privacy or publicity rights, hateful, or racially, ethnically or otherwise
objectionable
vii. use dopiSAT in any unlawful manner or in any other manner
that
could damage, disable, overburden or impair dopiSAT or its website;
- The content and information (including, but not limited to,
data, information, text, music, sound, photos, graphics, Solutions, video, maps, icons
or
other material) (“Content”)
available dopiSAT’s website and application,
as well as the infrastructure used to provide such Content and information, is
proprietary
to dopiSAT or licensed to the dopiSAT by third-parties. For all content, you agree not
to
otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish,
license,
create derivative works from, transfer, or sell or re-sell any information, software or
services obtained from or through the website.
- Additionally, you agree not to: i. Use the services or
content
for any commercial purpose, outside the scope of those commercial purposes explicitly
permitted under this agreement and related guidelines as made available by dopiSAT. ii.
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license,
copy or
otherwise exploit any Content of the services, including but not limited to, using any
robot, spider, scraper or other automated means or any manual process for any purpose
not in
accordance with this agreement or without our express written permission. iii. Violate
the
restrictions in any robot exclusion headers on the services or bypass or circumvent
other
measures employed to prevent or limit access to the services. iii. Violate the
restrictions
in any robot exclusion headers on the services or bypass or circumvent other measures
employed to prevent or limit access to the services. iv. Take any action that imposes,
or
may impose, in our discretion, an unreasonable or disproportionately large load on our
infrastructure. v. Deep-link to any portion of the services for any purpose without our
express written permission. vi. “Frame”, “mirror” or otherwise
incorporate any part of the services into any other websites or service without our
prior
written authorization. vii. Attempt to modify, translate, adapt, edit, decompile,
disassemble, or reverse engineer any software programs used by dopiSAT in connection
with
the services. viii. Circumvent, disable or otherwise interfere with security-related
features of the services or features that prevent or restrict use or copying of any
Content.
ix. Download any Content unless it’s expressly made available for download by
dopiSAT.
- If you breach the term herein, dopiSAT reserves the right to suspend or terminate your account and
refuse
any and all current or future use of the service (or any portion thereof) at any time or
take all appropriate legal actions.
- Changes and Termination
We may change the application, website and these terms at any
time,
in our sole discretion and without notice to you. You are responsible for remaining
knowledgeable about these terms. Your continued use of the site constitutes your acceptance
of
any changes to these Terms and any changes will supersede all previous versions of the
terms.
Unless otherwise specified herein, all changes to these Terms apply to all users take
effect.
Furthermore, we may terminate your Membership with you under these Terms at any time by
notifying you in writing (including by email) or without any warning.
- Integration
This terms together with the Privacy Policy and any other legal
notices published by dopiSAT, shall constitute the entire agreement between you and dopiSAT
concerning and governs your use of the application website and the services.
- Severability
If a court decides that any term or provision of this Terms other
is
invalid or unenforceable, such term of provision will be replaced with a term or provision
that
is valid and enforceable and that comes closest to expressing the intention of the invalid
or
unenforceable term or provision. The remainder of this Terms will continue to apply.
- Governing Law
- Any dispute arising out of or in connection with this
Agreement
is subject to the law of Turkey.
- Any dispute arising out of or in connection with this
Agreement
shall be settled by the courts of Istanbul (Center) and the Enforcement Offices of
Istanbul
(Center).