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Membership Agreement and Terms of Use

Version 1.3.0 | Effective: 1/24/2026

TESTOMATIK.COM PLATFORM MEMBERSHIP AGREEMENT AND TERMS OF USE
  • Parties

  • This User Agreement (the "Agreement") is concluded between Ayhan KURT Lone Wolf Techs Web AI Solutions (the "Company") and the natural or legal person user (the "Member / User") who purchases a Service by creating an account via the website located at testomatik.com (the "Platform") or via the mobile application.

  • The Agreement shall take effect upon the User's electronic acceptance during the Membership stage and shall remain in force unless terminated by the parties in accordance with the procedures set out in the Agreement.

  • Definitions. In the application of this Agreement;

  • Site: The website with the domain name Testomatik.com,

  • Company / Seller: Ayhan KURT Lone Wolf Techs Web AI Solutions,

  • Member / User: The natural person or the representative of the legal person who creates an account as a member of the Site and accepts the provisions of the Agreement,

  • Membership: The registration process required for the Member to access the Site, create an account, and benefit from the services offered by the Site,

  • Account: The area specific to the Member, which they access with their username and/or e-mail address,

  • Service: The membership, information services, and AI-Powered question generation and educational content creation services offered via the Site,

  • 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,

  • Content / User Content: All text, visuals, documents, and other materials uploaded to the Platform by the Member/User for Question Generation with Artificial Intelligence Technology.

  • Subject and Scope of the Agreement

  • 3.1. This Agreement shall be valid at the moment the User becomes a member of testomatik.com and creates an account, and subsequently at each moment they separately purchase a service.

  • 3.2. This Agreement is concluded for the purpose of determining the rights and obligations of the parties regarding the use of the Platform and the service, the terms and conditions relating to the content uploaded by the User during the receipt of the service, and the terms and conditions after the receipt of the service.

  • 3.3. The Platform covers the AI-Powered Question Generation Service provided to Users by the Company within the scope of the testomatik.com website. Within the scope of the AI-Powered Question Generation Service, the platform provides Automatic Question Generation from Educational Materials, Creating Questions in line with the MEB Curriculum, assessment questions at PISA and TIMSS standards, generation of multiple-choice, open-ended, and visual questions, and Question Library/Bank and question export services. The services are provided as is, and no guarantee of uninterrupted operation is given. The Platform may make changes to the services provided in relation to the Question Generation Services. In the event of a change, the User accepts and declares that they have no right of claim regarding these changes.

    • The statements regarding the curriculum and standards specified in this context are of a technical target and reference nature and cannot be interpreted as a commitment of specific academic conformity or official institutional approval.
  • 3.4. Notices regarding the Platform, terms of use, rules and conditions, the KVKK Privacy Notice, the Explicit Consent Statement, the Distance Service Sales Agreement, and the User Content Copyright Declaration are published on the relevant Platform, and the said agreements and consent forms are annexes and integral parts of this Agreement. The User accepts, declares, and undertakes that they will comply with the said agreements and consent forms, that these will take effect between the parties upon their publication on the testomatik.com platform or upon their approval at the receipt of the service, that the testomatik.com platform reserves the right to unilaterally amend the said agreements and consent forms at any time without any notice, that they are obliged to follow the agreements and consent forms, and that the agreements and consent forms constitute the entirety of their rights and obligations together with the rights and obligations set out in this Agreement.

    • (The Service Provided)
  • 3.5. The Service Provided covers the AI-Powered Question Generation Service provided to Users by the Company within the scope of the testomatik.com platform. Within the scope of the AI-Powered Question Generation Service, the platform provides Automatic Question Generation from the Educational Materials uploaded by Users, Creating Questions in line with the MEB Curriculum, assessment questions at PISA and TIMSS standards, generation of multiple-choice, open-ended, and visual questions, and Question Library/Bank and question export services.

  • 3.6. The right to individual use of the questions generated by artificial intelligence through the Platform belongs to the User.

  • Questions generated by receiving a service from the Platform may not be used for commercial purposes. For commercial use, a commercial use agreement must be signed between the Company and the party requesting commercial use. If, contrary to this provision, the User commercially publishes and reproduces the questions through any channel, the right of compensation of testomatik.com / the Company is reserved.

  • 3.7. In order to receive the service, User content/content must be uploaded to the system by the User. When uploading User Content to the platform, the User accepts and declares that they will not act contrary to the provisions notified regarding Copyright and other prohibitions concerning User content under this Agreement.

  • Rights and Obligations of the Parties

  • 4.1. The User may begin receiving service from the testomatik.com platform after filling out the membership form with correct and complete information via the testomatik.com platform and approving the KVKK Privacy Notice and this Agreement electronically. The User declares that they are aware they must approve this Agreement by providing the information requested by the Company completely, accurately, and up to date.

  • 4.2. When creating a membership via the testomatik.com platform, the User declares that, for natural persons, they have the Legal Capacity to Act to conclude this Agreement or have the consent of their legal representative, and for legal persons, that the relevant person has the authority of representation.

  • 4.3. The User has the right to establish a single User account, and after the User's account is suspended or terminated by the Company under the circumstances specified below, it is prohibited for the User to establish a second account using the same or different information. Furthermore, the Platform / Company reserves the right to reject a Membership request without showing any reason, entirely at its own discretion.

  • 4.4. Access to the testomatik.com platform by the User shall be carried out using the e-mail address and password specified in the Membership Form. Protecting the confidentiality and security of this password is the User's responsibility. Every activity carried out through the account belonging to the User via the Platform is deemed to have been carried out by the User. All legal and criminal liability that may arise due to these activities rests with the User. In the event that unauthorized access to the platform with the User's own membership information is detected, this situation shall be reported to the Company/platform immediately.

  • 4.5. The User accepts and undertakes to use the testomatik.com platform in accordance with legal provisions for the purpose of producing Educational Content, by uploading User Content under the conditions specified in the agreement and making Payment, and to act in accordance with this Agreement and the other terms and conditions within the scope of the agreements and consent forms on the testomatik.com platform. The User's use and membership agreement is unilaterally terminated by the Platform in the following cases:

    • o In the event that this agreement is breached by the User,
    o In the event that the User engages in Illegal Activities,
    o In the event that the User fails to make Payment,
    o In the event that the User Infringes the Intellectual Property Rights of others,
    o In the event that the User manipulates the system or attempts to hack it by uploading a virus, malware, or harmful code,
    o In the event that the User attempts to perform reverse engineering or source code decompilation,
    o In the event that the User uses automated data collection tools,
    o In the event that the User sends spam or unsolicited bulk messages,
    o In the event that the User uses the Platform to develop a competing service.
  • 4.6. All liability regarding the content uploaded to the platform by the User to receive AI-powered question service rests with the User.

    • The User accepts and declares that they are the Copyright Holder of the content they upload, that they have the legal authority (license assignment or permission) to use, reproduce, and process the content they upload, or that the term of protection of the Content under Article 17 of the FSEK has expired, or that the content was created Originally by them, or that the content shall be assessed within the limits of the freedom of quotation under Article 35 of the FSEK.
    The Platform has no authority to audit the legal status of the uploaded content. During the receipt of the service, it is strictly prohibited for the User to upload copyright-protected and unpermitted materials, textbooks and source materials belonging to publishers, licensed examination questions (OSYM, MEB examinations, etc.), protected databases belonging to third parties, original academic works belonging to others, and content that infringes trademarks.
    In the event that the specified content is uploaded by Users, the membership will be terminated immediately by the platform, and all criminal and legal liability for compensation that may arise from this content shall rest with the User. The testomatik.com platform / the Company has no liability with respect to the content uploaded by the User. Use of the content uploaded by the User contrary to the provisions of the FSEK, the SMK (Industrial Property Law No. 6769), and the TBK (Turkish Code of Obligations No. 6098) is entirely the User's responsibility.
    In this context, the content uploaded by the User is not recorded in the database by testomatik.com, and in the event that the platform faces a lawsuit due to any content uploaded by the User, the right of recourse against the User is always reserved.
    The User accepts and declares that they are aware of the legal and criminal liability they may face if the content uploaded to the platform is contrary to this provision regarding copyright. It is prohibited for the content uploaded by the User during the receipt of the service to be obscene, pornographic, or violent material, material containing hate speech or discrimination, or material that would cause a personal data breach.
    In this context, the membership and use agreement of a User who does not comply with this article shall be unilaterally terminated. Furthermore, all criminal and legal liability that may arise from uploading prohibited content to the system shall also rest with the User.
  • 4.7. The User accepts that they may be subject to restrictions that may be determined entirely at the discretion of the testomatik.com platform / the Company, taking into account monthly transactions and server volumes.

  • 4.8. The content uploaded by the User for the AI-Powered Question Generation Service is not stored in the database relating to the testomatik.com platform. In this context, keeping a copy of the uploaded content is the User's responsibility. The Company shall process, store, and use the personal data shared with it by the User in accordance with the Personal Data Protection Law No. 6698 ("KVKK") and the relevant legislation, the "Personal Data Privacy Notice", and the "Policy on the Processing and Protection of Personal Data". The testomatik.com platform provides an AI-powered Question Generation service. In this context, Users are personally responsible under the KVKK for the content they upload within the application. Damages that may be incurred due to the User's failure to fulfill their obligations (including attorney's fees) may be claimed from the User; the User accepts that all direct or indirect damages the Company may suffer may be claimed within the framework of general provisions.

    • The Company acts in its capacity as data controller under Law No. 6698 with respect to the name, surname, and e-mail data processed within the scope of membership.
  • 4.9. The User accepts that, in the event a request is received from competent authorities under the relevant legislation, the testomatik.com platform may share the User's information in its possession with the relevant competent authorities.

  • 4.10. In the event of technical problems during the receipt of the service from the Platform, the User shall make reasonable efforts to identify and diagnose the problem before contacting the Company. If the User's need for technical support continues, the necessary support shall be provided through the Platform or other appropriate channels.

  • 4.11. The Company has the right to revise this Agreement and its annexes without any prior notice, and in the event this right is exercised, the relevant change shall take effect upon the User's next use of the Platform. If the User does not accept the said changes, the right to terminate this Agreement and end their membership is reserved.

  • 4.12. The User may not, in any way, transfer or assign their User account and the rights and obligations arising from this Agreement and the use of the Platform to a third party.

  • 4.13. In the event that the User acts contrary to this Agreement, the other terms and conditions within the scope of the Platform, and their declarations and undertakings in this context, the Platform shall have the right to suspend the User's membership or terminate the Agreement and thus end the user status. In such a case, the Company's right to claim its damages arising from the said breach from the User is reserved.

  • 4.14. By approving this Agreement, the User accepts that the testomatik.com platform may receive support from third-party software providers (Artificial Intelligence Platforms, etc.) while providing the Services under this Agreement, and may transfer part or all of the work to third-party providers.

    • 4.15. Third-party software, artificial intelligence service providers, API services, payment infrastructures, and cloud services may be used within the scope of the Platform. The Company is not liable for disruptions that may arise due to the interruption, limitation, or termination of these services.
    Changes in the scope of the service due to changes third-party service providers make to their terms of service do not constitute a breach of the agreement.
  • Electronic Communication and Notifications

  • 5.1. The Company may make notifications such as information, transaction confirmation, security notices, and the like within the scope of the membership relationship with the Member electronically, via the e-mail address and/or telephone number declared by the Member during membership.

  • 5.2. The Member accepts that notifications regarding membership transactions and the use of the account will be made by means of electronic communication.

  • 5.3. The Member's ability to receive commercial electronic messages (campaigns, promotions, advertisements, etc.) is subject to giving explicit consent under the relevant legislation. The Member may change their preferences regarding commercial electronic messages or exercise their right of refusal at any time.

  • Payment Terms

  • 6.1. When the User receives service for the first time, the first five questions to be generated within the scope of the service are free of charge. Thereafter, in order to continue receiving service, the User may receive it in return for paying, fully and completely, the fees declared within the Platform, again under the payment terms and payment instruments declared within the Platform.

  • 6.2. The AI-powered question generation service offered within the scope of the Platform may be used free of charge, for trial purposes only, for the five questions to be generated after the first membership. After the five free question generation services provided by the Platform are used, the Service becomes paid under the specified conditions. As a rule, after payment is collected via the Platform and the question generation service is carried out, the service fee is non-refundable. Since this service falls within the scope of "services performed instantly in the electronic environment" under Article 15/1-(g) of the Regulation on Distance Contracts, it is outside the scope of the right of withdrawal.

    • However, in the cases of a system malfunction, a technical generation error, inability to access the content, or the service not being technically completed, a refund request may be evaluated. Differences in pedagogical preference regarding the content or subjective dissatisfaction do not constitute a ground for refund.
    In the event of a faulty output in the generated questions (visuals not being created, the generation stage of the question being interrupted), the User shall immediately contact the platform and report the error and its cause to the platform within a maximum of 3 days. Upon the relevant application, following the necessary review, the Company may decide on a refund of the fee.
  • 6.3. The Company has a say in whether or not to make any service within the Platform subject to a fee, and reserves the right to make a service offered free of charge subject to a fee without showing any reason, provided that it notifies the User in advance.

  • 6.4. The sales price for the AI-Powered Question Generation Service provided by the Company within the scope of the Platform is presented to the User via the platform before they approve the Question Generation Service. The Company reserves the right to make changes to its sales prices as it wishes.

  • 6.5. Payments to be received on behalf of the Company within the scope of the service provided via the Platform are collected from the User using a secure payment infrastructure. After the User receives the Service, the invoice for it is issued to the address they specified when becoming a member, following the payment, and is shared with the User as an electronic invoice.

  • Confidentiality

  • 7.1. The Company/Platform and the User declare, accept, and undertake that, without prejudice to the provisions of the applicable laws, regulations, and legislation of the Republic of Turkey, they will preserve, keep confidential and secret, and not disclose to third persons and organizations, directly or indirectly, in whole or in part, all information of a technical nature or otherwise related to the counterparty's services, production, operations, financial situation, and similar matters, or in any way related to these Terms of Use, which they learn due to the application of this User Agreement.

  • 7.2. The Company/Platform and the User shall not use, distribute, or transfer the confidential information conveyed to them for any other purpose in any way, and shall take the necessary measures to ensure that their own employees also comply with this confidentiality obligation.

  • 7.3. Confidential information also includes all kinds of products, technology, procedures, programs, financial information and targets, data, know-how, designs, software, and information that the Company/Platform and the User convey to each other in written and/or oral and/or electronic format. The Company and the User shall keep confidential information confidential and take all kinds of security measures to prevent the said information from being used by unauthorized persons.

  • 7.4. Even in the event that this User Agreement terminates for any reason, the obligations set out in this article shall continue to be in force without being subject to any time limit.

  • Intellectual Property Rights

  • 8.1. All kinds of content, text, visuals, design, logo, trademark, domain name, software, code structure, interface, dashboard interface, Source Code, and every other element on the Testomatik.com Platform, as well as the intellectual and industrial rights, ownership, and interest on the platform, belong to the Company Ayhan KURT Lone Wolf Techs AI Web Solutions. All relevant rights are protected under Law No. 5846 on Intellectual and Artistic Works and other legislative provisions. The User is granted a personal, worldwide, royalty-free, non-transferable, and non-exclusive authorization to receive service by using the testomatik.com platform. In this context, no provision in this Agreement or in the other terms relating to the Platform may be interpreted as a transfer of the rights and interests relating to the Platform to the User.

  • 8.2. The User has no right, in any manner or for any reason, to copy, modify, reproduce, subject to reverse engineering, decompile, or otherwise access the source code of the software on the Site, to create a derivative work from the Platform, or to modify in any way the browser and content relating to the Platform.

  • 8.3. The User shall not, in any way, use the trade name, trademark, service mark, logo, domain name, etc. of the Company (or its affiliates). Any unauthorized use of the aforementioned content relating to the Platform gives rise to legal and criminal liability.

  • Limitation of Liability

  • 9.1. The Application, software, and other content within the scope of the Platform are provided "AS IS", and in this context the Company has no liability or commitment regarding the accuracy, completeness, and reliability of the Application, software, and content. The User understands and accepts that the Company also makes no commitment regarding the relationship of Content and other User data with each other. The Company does not undertake that the use of the Platform will be uninterrupted and error-free. Although the Company aims for the Platform to be accessible and usable 24/7, it does not provide any guarantee regarding the functionality and accessibility of the systems that provide access to the Platform. The User accepts that access to the Platform may be blocked at various times or that access may be interrupted. The Company is in no way liable for such blocking or interruptions.

  • 9.2. The User accepts and declares that links may be provided via the Platform to other websites and/or portals, files, or content not under the Company's control, that such links do not constitute any kind of representation or guarantee for the purpose of supporting the website to which they direct or the person operating it, or regarding the website or the information it contains, and that the Company has no liability regarding the portals, websites, files and content, services, or products accessed via the said links or their content.

  • 9.3. The User accepts that access to and the quality of the Application and Applications offered via the Platform largely depend on the quality of the service obtained from the relevant Internet Service Provider, and that the Company has no liability for problems arising from the said service quality.

  • 9.4. The User is solely liable for the content they upload and for the use of the Platform. The User accepts that they release the Company from any and all claims and demands (including litigation costs and attorney's fees) that may be conveyed by third parties regarding intellectual property infringements, Content, and the use of the Platform.

  • 9.5. The User is personally liable for the reality, security, accuracy, and conformity with the law and/or morality of all kinds of visual, written, and other information/content they publish on the Platform via the Site and Applications. In this context, the User accepts that the Platform has no legal or criminal obligation in disputes that may arise from the use of the uploaded content. The User is personally and irrevocably liable for the material/moral damages the Company may suffer due to the said content and for the payments likely to be made to injured third parties. If the Company so requests, all damages incurred shall be indemnified by the User immediately, without the need for a court decision.

  • 9.6. The testomatik.com platform may claim from the User all direct and indirect damages, including but not limited to judicial and/or administrative fines it incurs due to the User within the framework of the applicable legislation, and all payments and expenses it has made or will make in the future (including but not limited to court costs, fines, taxes, duties, and charges), including but not limited to compensation obligations arising from third-party claims.

  • 9.7. The Platform does not guarantee 100% accuracy of the questions generated by artificial intelligence in academic, scientific, logical, or curricular terms. The final review of the outputs and the approval of their use are entirely the User's responsibility.

    • The content generated by the Platform is not subject to editorial, pedagogical, or legal review. The final review, suitability, and decision to use the content rest entirely with the User.
    9.8. The Company's total liability under this Agreement is limited to the fee actually paid by the User for the service subject to the dispute.
    This limitation of liability applies to all kinds of claims, including those based on contract, tort, or other legal grounds.
    9.9. The Company shall under no circumstances be liable for indirect damages, loss of profit, loss of data, loss of business, loss of reputation, loss of anticipated savings, and damages arising from the claims of third parties. This limitation applies except in cases of the Company's intent or gross negligence.
    9.10. Situations beyond the parties' control, such as natural disaster, fire, earthquake, war, terrorism, cyber-attack, internet infrastructure interruptions, power outages, decisions of official authorities, access blocking, and the suspension of service by third-party service providers, are deemed force majeure. During the force majeure period, the parties' obligations are suspended.
  • Effectiveness and Termination of the Agreement

  • 10.1. This Agreement shall take effect upon the User's electronic acceptance and shall remain in force unless terminated by either of the Parties in the manner specified below.

  • 10.2. Either of the Parties may terminate this Agreement at any time, without showing any reason and without paying compensation, by a written notice to the electronic mail address notified by the other party, or, for the User, by ending their membership via the platform.

  • 10.3. In the event that one of the Parties fails to fully and duly fulfill its obligations arising from this Agreement, and the said breach is not remedied within the given period despite a written notice to be made by the other party, this Agreement may be terminated by the party making the notice. In the event that the said breach is committed by the User, the Company shall have the right to suspend the user status until the breach is remedied. In the event that the User violates the applicable legislation, the Company may terminate the Agreement immediately for just cause.

  • 10.4. Termination of the Agreement shall not eliminate the rights and obligations of the Parties that have arisen up to the date of termination. Upon termination of the Agreement, the User is liable for all fees and expenses that have arisen up to that day and may not use the Platform as of the date of termination. In the event of termination of membership, no refund is made for services performed up to the date of termination. However, cases of technical error or the service not being performed at all are reserved.

  • 10.5. In the event that the User's account remains inactive for 3 (three) months, the Company may terminate this Agreement.

  • 10.6. If the national and international legislation to which the Company and its affiliates are subject, decisions of official and/or administrative authorities, or internal company procedures prevent the Company from providing the services specified in this Agreement, the Company may terminate this Agreement without prior notice, end the User's access to the service(s), and/or suspend their account. In the event that the Agreement is terminated by the Company under this article and the access to services is ended, suspended, and/or the account is suspended, no refund shall be made to the User.

  • 10.7. In the event of security threats at the international level, cyber-attacks, and the like, the Company's access from the relevant countries may be restricted or blocked.

  • Amendments

  • 11.1. The provisions and Terms of Use in this Agreement may be unilaterally revised by the Company where deemed necessary, and the User shall be informed of the current version of the Agreement via electronic communication means or directly through the Platform. It is the User's responsibility to follow the notifications regarding updates. Upon the relevant notification, the current version of the Agreement and Terms of Use shall be deemed to have taken effect.

    • The changes made shall apply to services received after the date of the change and do not affect past transactions.
  • Miscellaneous Provisions

  • 12.1. The invalidity, illegality, or unenforceability of any provision of this Agreement or of any expression in the Agreement shall not affect the force and validity of the remaining provisions of the Agreement.

  • 12.2. This Agreement is a whole together with the other agreements and consent forms on the Platform. In the event of any conflict between the Agreement and its annexes, the provisions in the relevant annexes shall prevail.

    • 12.3. Communication with the User shall be established via the e-mail they notified during registration or through the general notifications on the Platform. Communication made by e-mail shall replace written communication. It is the User's responsibility to keep their e-mail address up to date and to check the Platform regularly for notifications.
    12.4. The Parties accept that, in disputes that may arise from this Agreement, the Company's electronic records, system logs, and commercial book records shall be used as evidence.
    12.5. Turkish Law is applicable in the interpretation of this Agreement and in the resolution of all Disputes that may arise from this Agreement and its annexes. In disputes that may arise from the Agreement, the provisions of the Consumer Protection Law No. 6502 shall prevail. Within the monetary limits announced each year by the relevant Ministry, the Consumer Arbitration Committees of the place where the User (Consumer) resides shall have authority; for disputes exceeding these limits, the Consumer Courts shall be competent and have jurisdiction.
    In disputes of a commercial nature, without prejudice to the mandatory mediation provisions, the Malkara Courts and Enforcement Offices shall have jurisdiction.