TESTOMATIK PLATFORM POLICY ON COPYRIGHT, INTELLECTUAL PROPERTY, CONTENT, AND USE LIABILITY
ARTICLE 1 - PURPOSE AND SCOPE. This Copyright, Intellectual Property, Content, and Use Liability Policy (the "Policy") has been prepared to govern the legal status of the content provided by users and the outputs generated through the Platform within the scope of the services offered via the TESTOMATIK Platform, as well as the rights and obligations of the parties and the principles of intellectual property. This Policy is an integral part of the Platform Terms of Use and is applied together with the provisions of the Terms of Use.
ARTICLE 2 - DEFINITIONS
Platform: All text, visuals, designs, logos, trademarks, video, audio, software, Interface, and the applications used for question generation and other applications found on the website named Testomatik.com,
User Content: All text, data, documents, and other inputs uploaded to the Platform by the User,
Generated Content: The questions, tests, and similar outputs created by the Platform's artificial intelligence systems.
ARTICLE 3 - LEGAL NATURE OF THE PLATFORM. The Platform is a technical service provider that processes the data provided by the User through automated systems. The Platform is not a publishing organization that publishes user content, makes it publicly accessible, or subjects it to editorial review. The Platform has no obligation to pre-review, verify, conduct a legality check on, or investigate User Content.
ARTICLE 4 - LIABILITY AND PROHIBITIONS REGARDING USER CONTENT
4.1. The User irrevocably declares and undertakes that they are the author of the content they upload to the Platform, that they hold the necessary license, permission (assignment), and authority over the content, or that the term of protection of the content under Article 17 of Law No. 5846 on Intellectual and Artistic Works ("FSEK") has expired, that it was created entirely originally by the User, or that the use falls within the limits of the freedom of quotation under Article 35 of the FSEK.
4.2. (Prohibited Content) During the receipt of the service, it is strictly prohibited for the User to upload textbooks and source materials belonging to publishers, licensed examination questions (such as OSYM, MEB examinations), protected databases belonging to third parties, original academic works belonging to others, content that infringes trademarks, and material that is obscene, contains hate speech, or would cause a personal data breach.
4.3. In the event that User Content infringes the intellectual and industrial property rights, personal rights, or other legal rights of third parties, all legal and criminal liability arising therefrom rests exclusively with the User. Should the Platform face any lawsuit or claim for this reason, its right of recourse against the User is always reserved.
4.4. (Indemnification Obligation) In the event of any claim, lawsuit, administrative sanction, or damage arising from User Content, the User agrees to indemnify all direct and indirect damages the Platform may incur, including judicial and administrative fines, court costs, and attorney's fees, within the framework of general provisions.
ARTICLE 5 - CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE AND COMMERCIAL USE
5.1. The artificial intelligence system provided by the Platform generates automatic outputs based on User inputs.
5.2. The right to individual use of the questions generated by artificial intelligence through the Platform belongs to the User.
5.3. It is prohibited to commercially sell, reproduce, license, transfer to third parties, distribute for a fee, publish through digital or printed channels, or systematically market the Generated Content.
5.4. (Commercial Exception) The commercial use of the generated questions is subject to the condition that a separate "Commercial Use Agreement" is signed between the Company and the User (or the legal entity requesting commercial use).
5.5. In the event that use contrary to this prohibition is detected, the Platform shall have the right to immediately suspend the User's account, unilaterally terminate the contract, file a compensation lawsuit under the FSEK, and claim compensation for all damages incurred, including loss of profit and loss of reputation.
ARTICLE 6 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS OF THE PLATFORM
6.1. All intellectual and industrial property rights relating to the Platform, including software, algorithms, artificial intelligence models, data sets, design elements, database structure, trademark, logo, trade name, and all others, belong exclusively to Ayhan KURT Lone Wolf Techs Web AI Solutions.
6.2. No assignment or license over the Platform's intellectual property rights is granted to the User under this Policy. Reverse engineering, copying, reproducing, adapting, or attempting to access the source code of the Platform's technology is prohibited.
ARTICLE 7 - INFRINGEMENT AND SANCTIONS. The Platform reserves the right to unilaterally review content suspected of intellectual property infringement, remove the content from the database, suspend the account, or permanently terminate the membership agreement by unilateral termination for just cause.
ARTICLE 8 - EFFECTIVENESS AND AMENDMENT. The Platform reserves the right to unilaterally update this Policy. The updated text takes effect as of its date of publication.
USER COPYRIGHT AND INTELLECTUAL PROPERTY DECLARATION
As a User who uploads content to the Platform, I irrevocably accept, declare, and undertake that;
The content I upload is lawful, that I act within the limits of Articles 17 and 35 of the FSEK, that I upload original works, or that I hold the necessary copyright/license (assignment) authority over the content,I will not upload prohibited content to the Platform, such as source materials belonging to OSYM, MEB, or publishers, licensed or copyright-protected third-party databases,In the event of infringement of third-party rights, all legal, criminal, and administrative liability rests exclusively with me and the Platform has a right of recourse,Unless I sign a special commercial use agreement with the Company, I will use the generated content solely for individual purposes; I will not sell, publish, or reproduce it commercially,I will respect the intellectual and industrial rights of the Platform,I will compensate all direct/indirect damages, administrative/judicial fines, loss of profit, and litigation/attorney's fees the Platform may incur due to my violations, immediately, in cash, and in full upon first demand, without the need for any court decision.