Terms of Service

1.1. These Terms of Service (“Terms”) are concluded between the service provider (“Clinigim”) that provides the Clinigim clinic management service and whose identifying details are published in the Company Information section, and the clinic, practice or health professional that subscribes to the service (“Clinic”). Clinigim and the Clinic are together the “Parties”.

1.2. The Service is intended for businesses and health professionals. The Clinic confirms that it obtains the Service for its commercial or professional activity and declares that it does not act as a consumer within the meaning of Turkish Law No. 6502 on Consumer Protection; where a Clinic exceptionally qualifies as a consumer, the mandatory consumer protection rules that apply to it remain unaffected.

1.3. These Terms form a single agreement together with the Data Processing Agreement, the Privacy Policy, the Acceptable Use Policy (Annex A) and, when a paid plan is bought, the Distance Sales Agreement, the Pre-Contractual Information and the Delivery and Refund Terms. In a conflict about the processing of personal data the Data Processing Agreement prevails; in matters of refunds, withdrawal and the checkout step the Distance Sales Agreement and the Delivery and Refund Terms, and in every other matter these Terms prevail, followed by the Privacy Policy and the in-app information texts.

1.4. These Terms and the documents attached to them are drawn up in Turkish, and the Turkish text is the binding text. The English text is a translation provided so that Clinics established outside Türkiye can read it easily; if the two texts differ, the Turkish text prevails. For the Standard Contractual Clauses and the UK Addendum in Annex 4 of the Data Processing Agreement, the language rule stated in that Annex applies.

In these Terms and the documents attached to them, capitalised terms have the following meanings unless stated otherwise:

• Service: the clinic management software delivered through the clinigim.com website, the web application, the mobile application, the online booking page and every component connected to them,
• Account: the Clinigim account opened in the Clinic’s name, in which the Users’ access rights are defined,
• Membership: the contractual relationship that starts when the Clinic registers for the Service and lasts until the Account is closed,
• User: the clinic owner, the clinicians and the other staff who use the Service on behalf of the Clinic,
• Patient: a natural person who receives health or care services from the Clinic and whose data is entered into the Service by the Clinic or through the online booking page,
• Clinic Data: every datum, document, file and record entered, uploaded or created in the Service by or on behalf of the Clinic,
• Patient Data: the personal data within Clinic Data that relates to Patients, health data included,
• Plan: a subscription option published on the Plans page and defined by its features, number of users, storage and message quota,
• Subscription Period: the monthly or yearly period of use that starts with a payment, according to the chosen Plan,
• Free Trial: the trial period that starts with registration and asks for no card,
• Limited Mode: the state of an Account without a subscription, usable with a daily transaction limit, including access to and export of its data,
• Sub-processor: a third party engaged by Clinigim to deliver the Service that can access Clinic Data,
• Law: Turkish Law No. 6698 on the Protection of Personal Data (“KVKK”) and its secondary legislation, the health legislation the Clinic is subject to and, to the extent applicable, Regulation (EU) 2016/679 (“GDPR”),
• Company Information: the section of the About page on clinigim.com where Clinigim’s identifying details, such as its trade name, tax and registry details, registered address, registered electronic mail (KEP) address and telephone number, are published,
• Booking Page Content: any content the Clinic publishes on its booking page and in other parts of the Service open to Patients, including names, titles, addresses, contact details, services, clinicians, opening hours, images and descriptions,
• Indirect Loss: loss of profit and revenue, loss of business and appointments, loss of reputation, compensation and amounts paid to third parties, and any other loss that is not the direct and ordinary consequence of the event causing it,
• Written Notice: a notice sent to the e-mail addresses or registered electronic mail (KEP) addresses named in section 23.

3.1. The Clinic accepts these Terms and the Data Processing Agreement by confirming them electronically during registration. The person who confirms declares and undertakes that they are authorised to bind the Clinic. If that person turns out not to be authorised and the Clinic does not ratify the act, the person who confirmed is personally liable under Article 47 of the Turkish Code of Obligations No. 6098 for the loss Clinigim suffers as a result. Clinigim may ask for a reasonable document showing the authority and, after allowing at least 7 days, may suspend the Account under section 14 until it is provided.

3.2. These Terms take effect on confirmation and remain in force until the Account is closed. Provisions that by their nature must survive (confidentiality, intellectual property, liability, governing law) survive the closing of the Account.

3.3. Material changes to these Terms follow the procedure in section 22; the new text becomes binding once the clinic owner confirms it.

4.1. The Service covers patient records and the patient file, the appointment calendar and online booking, treatment and payment tracking, the cash desk and reports, reminder messages, team and permission management and the mobile application. The content of each Plan is defined on the Plans page.

4.2. Clinigim develops the Service continuously and may add, change or remove features. A material narrowing or removal of a feature the Clinic uses is announced by Written Notice at least 30 days in advance, except where security or a legal requirement demands otherwise.

4.3. Features marked “coming soon” or offered as previews are informational; they carry no commitment to deliver them and are not part of the Plan price.

4.4. Clinigim takes reasonable care to deliver the Service without interruption and securely. Planned maintenance is announced in the application or by e-mail at least 24 hours in advance wherever possible; urgent work needed to protect security may be carried out without prior notice. Clinigim does not warrant that the Service will never be interrupted or will be free of errors; unless these Terms say otherwise, no particular availability rate or service level is promised and interruptions do not of themselves give rise to a refund. Clinigim’s liability for intent or gross negligence and the right of termination and refund in section 15.5 remain unaffected.

4.5. Support is provided from [email protected] and through in-app channels on business days; requests are answered within a reasonable time.

4.6. The intended use of the Service is the management of a clinic’s business, appointment planning, communication and record keeping. The Service is not designed for the diagnosis, prevention, monitoring, treatment or alleviation of disease and is not offered as a medical device. Reminders, alerts, no-show risk indicators and summaries shown in the Service are for information only; the Service does not take decisions about Patients on the Clinic’s behalf. Clinical assessment and medical decisions belong to the Clinic’s authorised health professionals; the accuracy of the data entered into the Service is the Clinic’s responsibility.

5.1. Registration requires being at least 18 years old and opening the Account in the name of a business or professional activity. The Clinic confirms that its registration and billing details are accurate and current and updates them through the Account. The Clinic declares and undertakes that it holds the licences, permits and registrations required for the health or care services it provides, and that the health professionals using the Service hold the diplomas, certificates and authorisations required to practise their profession, and informs Clinigim at once if any of them is lost. Clinigim is not obliged to verify this information or these documents; the Clinic is responsible if its declarations are untrue.

5.2. Each User uses the Service under their own user name. The Clinic is responsible for keeping user names, passwords, two-step verification and recovery codes confidential; they may not be shared with third parties.

5.3. The Clinic defines and maintains its Users’ roles and permissions and removes the access of staff who leave without delay. The Clinic is responsible for everything its Users do through the Account.

5.4. The Clinic informs Clinigim as soon as it learns of suspected unauthorised access or a security incident. Clinigim may protect the Account by resetting passwords, ending sessions or asking for additional verification.

5.5. Clinigim may ask for reasonable information and documents to verify that the Account belongs to a real business.

6.1. Registration starts a Free Trial of 14 days; no card is asked for. To continue with the full Service after the trial a Plan must be bought; otherwise the Account moves to Limited Mode.

6.2. Plan contents and limits are published on the Plans page and form part of these Terms. Each Subscription Period is a separate period that starts at the price published on the Plans page at the time of renewal; the price of a Subscription Period already paid does not change. An increase is notified to the Clinic’s registered e-mail address at least 30 days before renewal. A Clinic that does not accept the new price can switch automatic renewal off or cancel its subscription before the renewal date and keeps using the Service on the current terms until the end of the paid period.

6.3. For Clinics established in Türkiye, prices are shown in Turkish lira including statutory taxes. For other Clinics, the currency and any taxes are stated at checkout. The price shown at the moment of payment is the price that applies. Invoices are sent electronically to the Clinic’s registered e-mail address. No withholding or similar deduction is made from payments; where one is required, the Clinic grosses the amount up. Tax obligations in the Clinic’s own country (reverse charge included) are the Clinic’s. The Clinic sends any objection to an invoice by Written Notice within 30 days of receiving it; the expiry of that period does not remove the Clinic’s statutory rights, and Article 21 of the Turkish Commercial Code No. 6102 remains unaffected. A Clinic established outside Türkiye declares that the residence and business details it gives for invoicing are accurate; any tax difference arising from those details being untrue, and any loss Clinigim suffers as a result, are borne by the Clinic.

6.4. Payments are taken by credit or debit card on the secure payment page of a payment institution licensed in Türkiye. Card details never reach Clinigim and are never stored on Clinigim’s servers; if the Clinic chooses to save its card, the card is stored only at the payment institution.

6.5. The subscription renews by payment at the end of the chosen Subscription Period. If a card has been saved, renewal is taken automatically from the same card; the Clinic can switch automatic renewal off in the application at any time.

6.6. A Clinic that cancels its subscription in the application within 14 days of its first payment is refunded the full amount to the same card and its paid period ends at once; this right is granted once per Account, on the first payment. Later cancellations are not refunded; the cancellation takes effect at the end of the current Subscription Period. In both cases the saved card is deleted at the payment institution. This paragraph does not affect the cases of ending with a refund in sections 15.3, 15.5, 21.2 and 22.2. The Delivery and Refund Terms give the details.

6.7. If a payment is not made or is declined by the payment institution, Clinigim informs the Clinic and may move the Account to Limited Mode. The Account and its data are protected under the schedule in section 16.

6.8. Promotions, gift memberships and special prices are subject to the conditions announced with them; for the period they cover, those conditions take precedence over this section.

6.9. If automatic renewal is on and a card is saved, the renewal fee falls due on the last day of the Subscription Period; if it cannot be collected on that day, the Clinic is in default without any further reminder under Article 117(2) of the Turkish Code of Obligations No. 6098, and section 6.7 applies. A Clinic that has switched automatic renewal off is not bound to renew.

6.10. If the Clinic disputes through its bank or card scheme the fee for a period in which it used the Service and has it reversed (a chargeback), Clinigim may move the Account to Limited Mode until the dispute is resolved. If the dispute turns out not to rest on good reason, the reversed amount and the fees and costs Clinigim had to bear as a result may be claimed from the Clinic. The Clinic’s right to a justified dispute remains unaffected.

7.1. The Clinic and its Users use the Service only for lawful purposes, for the Clinic’s own activity and in accordance with the Acceptable Use Policy in Annex A.

7.2. Extracting data with automated tools, overloading the Service, attempting to circumvent its security, attempting to reach other Clinics’ data, and renting, assigning or reselling the Service to third parties are prohibited.

7.3. When Clinigim detects a breach of these rules it may act under section 14.

7.4. The Clinic and its Users may not insult, threaten or harass Clinigim’s employees and support team or contact them in a persistent and intimidating way. In such a case Clinigim as a rule first gives a warning by Written Notice and, if the conduct continues, may limit support to written channels; in serious or repeated cases, such as threats, it may act under sections 14 and 15 without a warning. The legal remedies of Clinigim and its employees remain unaffected.

8.1. Clinic Data belongs to the Clinic at all times. The Clinic grants Clinigim the right to host, process, back up and display that data solely to deliver, maintain and secure the Service.

8.2. For Patient Data the Clinic is the data controller and Clinigim the data processor. The Parties’ rights and duties in those roles are set out in the Data Processing Agreement.

8.3. Collecting Patient Data lawfully, informing Patients, obtaining their explicit consent where required, and meeting the record-keeping, retention and reporting duties of health legislation are the Clinic’s responsibility. The Service is not a health information management system registered in the Turkish Ministry of Health’s Registration System (Kayıt Tescil Sistemi, KTS). The Service does not send data to e-Nabız or the Ministry’s central health data systems and is not offered as approved by the Ministry. A Clinic that is legally required to use a health information management system registered in the KTS and to send data to the central system meets those duties separately and on its own responsibility; the Service does not perform them on the Clinic’s behalf and does not replace them. Clinic Data is hosted outside Türkiye, in data centres in the European Union; the limited transfers in section 11 of the Data Processing Agreement, in particular for channels the Clinic switches on, remain unaffected. A Clinic whose legislation requires certain records to be kept only within the country or in systems approved by the Ministry keeps those records in an environment that meets that legislation. The Service is not offered with a commitment to comply with health data regimes specific to the Clinic’s country (such as HIPAA in the United States of America); additional agreements those regimes require are valid only if concluded separately in writing with Clinigim.

8.4. Clinigim does not use Clinic Data for its own purposes; it does not sell it, rent it or process it for advertising. To deliver, support, bill and develop the Service it may process, as a controller in its own right, only clinic-level usage counts that contain no Patient Data (such as the number of records, appointments and transactions and which features are used); no operation on Patient Data, including anonymisation, is carried out outside the Clinic’s instructions.

8.5. While its Account is active the Clinic can export its data from within the application, in structured and common formats (Excel/CSV for lists, original files for documents) and free of charge; export is also possible in Limited Mode. When the Service ends, export and deletion follow section 16 and the Data Processing Agreement.

9.1. The Service can send information messages such as appointment reminders to the Clinic’s Patients from Clinigim’s platform number using fixed templates. Messages are sent only within the Plan quota and only if the Patient concerned has agreed to be informed through that channel; obtaining and recording that agreement is the Clinic’s responsibility.

9.2. Messages travel over third-party communication networks. Clinigim sends them with reasonable care and is not liable for delays or non-delivery caused by those networks.

9.3. The Clinic may not send marketing messages through the Service; the Clinic’s own commercial electronic messages and the consent duties attached to them are the Clinic’s own.

9.4. The templates of reminder and appointment information messages are set by Clinigim; these messages inform about existing appointments and contain no promotion of goods or services. For messages the Clinic sends, or has sent, to its Patients through the Service, such as review or satisfaction requests, obtaining the Patient’s required consent, honouring opt-out requests and complying with the law on commercial electronic messages and on the promotion of health services are the Clinic’s responsibility.

10.1. The Clinic may open the public booking page the Service provides, define its services and availability and close the page at any time.

10.2. Information Patients submit through the booking page is collected on the Clinic’s behalf; the Clinic is the data controller of that information. Clinigim shows the Clinic that publishes the page as the data controller on the booking page and links to a standard Booking Page Privacy Notice prepared on the Clinic’s behalf. The Clinic may use that notice as its own privacy notice; assessing whether it fits the Clinic’s processing, presenting the Clinic’s own privacy notice to Patients separately where needed and obtaining explicit consent where it is required are the Clinic’s responsibility.

10.3. Clinigim may apply request limits and verification steps on the booking page to prevent abuse.

10.4. The Clinic decides on and publishes the Booking Page Content; for that content the Clinic is the content provider within the meaning of Turkish Law No. 5651 and is responsible for its accuracy, its lawfulness and its not infringing third parties’ rights. The Clinic ensures that the content complies with Turkish Law No. 3359 on Basic Health Services, the Regulation on Promotion and Information Activities in Health Services and the professional rules it is subject to; it includes content such as fees, discounts, campaigns, patient thanks or patient images only to the extent the law allows and after obtaining the consents required.

10.5. For booking pages Clinigim is the hosting provider; it is not obliged to review Booking Page Content in advance or to investigate whether there is any unlawful activity. On a decision of a competent authority or court or a notice that complies with the law, Clinigim removes the content or the page concerned or blocks access to it; it may also do so in case of a manifest illegality. Unless a legal obstacle exists, Clinigim informs the Clinic. Content believed to be unlawful can be reported to [email protected].

10.6. Clinigim is not a party to the health or care relationship between the Clinic and its Patient. Giving, changing and cancelling an appointment, not attending it, the price of the service and the service itself are matters between the Clinic and the Patient, and the responsibility arising from them is the Clinic’s.

11.1. All intellectual property rights in the Service, including its software, interface, design, trade marks, domain name and documentation, belong to Clinigim. These Terms give the Clinic a non-exclusive, non-transferable right of use limited to the subscription term.

11.2. The Clinic may not copy the Service, decompile it, reverse-engineer it, create derivative works from it or sub-license it to third parties. The user permissions under Article 38 of Turkish Law No. 5846 on Intellectual and Artistic Works that cannot be excluded by contract remain unaffected.

11.3. The Clinic’s logo and marks are used only for display within the Clinic’s own Account and booking page. Clinigim does not name the Clinic as a reference without the Clinic’s written permission.

11.4. The Clinic’s suggestions and feedback about the Service may be used by Clinigim free of charge, provided they contain no Clinic Data.

12.1. Each Party keeps confidential the non-public information it learns in this contractual relationship, uses it only to perform the agreement and does not share it with third parties. Clinic Data is confidential information in every case.

12.2. Disclosures required by law or by the order of a competent authority do not breach this section; where possible the other Party is informed beforehand.

12.3. The confidentiality obligation continues for 5 years after the agreement ends, and indefinitely for Patient Data.

13.1. The Clinic may connect third-party services such as Google Calendar to its Account at its own choice. Those services are subject to their providers’ terms; Clinigim is not responsible for their continuity or content.

13.2. Third parties such as the payment institution, messaging networks and app stores apply their own terms. Clinigim’s relationship with them, to the extent they are Sub-processors, is governed by the Data Processing Agreement.

14.1. Clinigim may suspend the Account or a feature in whole or in part in the following cases: a threat to the security of the Service, a law or an order of a competent authority, a breach of Annex A, non-payment under section 6.7, a chargeback under section 6.10, failure to provide within a reasonable time the information or documents requested under section 3.1 or 5.5, serious indications that the Account does not belong to a real business, and conduct contrary to section 7.4.

14.2. A suspension is announced by Written Notice in advance wherever possible, with its reason, and is lifted when the reason no longer exists. During a suspension Clinic Data is preserved and is subject to the schedule in section 16.

15.1. The Clinic may end its membership at any time from within the application; where a paid subscription exists, the ending takes effect under section 6.6.

15.2. If the Clinic breaches these Terms, Clinigim gives it 30 days to remedy the breach and may terminate the membership if it is not remedied in time. In cases of unlawful use, conduct that threatens security or repeated breach, termination may be immediate.

15.3. If Clinigim decides to discontinue the Service entirely, it announces this by Written Notice at least 90 days in advance; during that time the Clinic can export its data, the data is preserved at least until the end of that period, and the fee for the unused paid period is refunded.

15.4. When the Membership or the paid subscription ends, the Account moves to Limited Mode; export and deletion of the data follow section 16 and the Data Processing Agreement.

15.5. If a material breach of these Terms by Clinigim is not remedied within 30 days of the Clinic’s Written Notice, the Clinic may end its Membership at once; the fee for the unused paid period is refunded.

15.6. For Accounts without a paid subscription (Free Trial and Limited Mode), Clinigim may end the Membership by Written Notice given 30 days in advance; during that time the data can be exported, and afterwards it is deleted under section 16 and the Data Processing Agreement.

16.1. If the Account is not actively used, the Clinic’s data is permanently deleted according to the following schedule:

• If the free trial ends without any payment and nobody signs in again: 90 days after the trial ended.
• If an Account that has never paid has signed in at least once after the trial ended (free use in Limited Mode): once 13 months have passed since the last sign-in; exporting the records the Clinic must keep by law before that date is the Clinic’s responsibility.
• When a paid subscription period ends (on cancellation, at the end of the paid period): 90 days after the end of the period or the last sign-in after it, whichever is later; during that time the Account keeps working in Limited Mode and the data can be exported.
• Accounts with an active, paid-up subscription are never deleted for inactivity.
• A notice is sent to the clinic e-mail address recorded in the Account about 30 days and 7 days before every deletion; keeping that address current is the Clinic’s responsibility, and a notice that is not delivered or not read does not postpone the deletion. Signing in during that time restarts the deletion schedule from the last sign-in.
• When a clinic is deleted, its live data, logo and photos are deleted as soon as the deletion instruction is processed. Change history, the audit log and patient files are kept for 30 days solely for restoring an accidental deletion, closed to the Clinic’s users, then permanently deleted.
• Permanently deleted data is also removed from backups within at most 14 days after the deletion.
• Clinigim’s own invoices and subscription payment records are kept for at least 5 years from the start of the year following the year they relate to under the Turkish Tax Procedure Law, and for 10 years from the end of the calendar year concerned under Article 82 of the Turkish Commercial Code, and are deleted at the end of that period; they contain no patient data.
• Commercial-message consent records are kept for 3 years from the date the consent ended, and opt-out and other message records for 3 years from the date they were recorded, then deleted.
• Which patient records the Clinic must keep by law, and for how long, is determined by the health legislation the Clinic is subject to; exporting those records in time and archiving them in the medium the law requires is the Clinic’s duty as data controller. Clinigim does not provide a statutory archiving service.

17.1. Clinigim undertakes to deliver the Service in accordance with these Terms, the measures described on the Security page and its duty of professional care.

17.2. To the extent the law allows, the Service is provided “as is”; no other express or implied warranty is given about its fitness for the Clinic’s particular needs, its uninterrupted availability or its freedom from errors.

17.3. Clinical, financial or administrative decisions taken in reliance on the Service are the Clinic’s responsibility.

18.1. To the maximum extent the law allows, Clinigim’s total liability under these Terms and the documents attached to them is limited to the fees the Clinic paid to Clinigim in the 12 months before the event giving rise to the liability or, if higher, the lowest yearly Plan price on the Plans page.

18.2. Clinigim is not liable for Indirect Loss; section 19.2 remains unaffected.

18.3. These limitations do not apply to loss caused by the intent or gross negligence of Clinigim or its organs, to loss arising from a violation of personality rights (except liability arising from the processing of personal data), nor to liability the law does not allow to be limited. Liability arising from the fault of the persons Clinigim uses to perform and of its Sub-processors is subject to these limitations under Article 116 of the Turkish Code of Obligations No. 6098. Liability arising from the processing of personal data is not subject to the cap in 18.1 but to the separate cap in section 13 of the Data Processing Agreement.

18.4. Claims arising from these Terms and from the use of the Service are brought against Clinigim only. The Clinic does not bring personal claims against Clinigim’s partners, managers, employees, representatives and contractors for acts done in performing their duties, except for their intent or gross negligence; this provision is made for the benefit of those persons within the meaning of Article 129 of the Turkish Code of Obligations No. 6098 and may also be relied on by them. The limitations of liability in this section also apply to those persons. This paragraph does not affect criminal liability, the rights of Patients and other data subjects, or mandatory law.

19.1. The Clinic defends Clinigim against third-party claims arising from the unlawful collection or processing of Clinic Data, from Patient consents not having been obtained, from Booking Page Content, from a breach of health legislation or of the rules on promotion, from not holding a required licence, permit or professional authorisation, from the health or care services the Clinic provides to its Patients, from a breach of Annex A or from the acts of its Users, and compensates Clinigim for the loss it suffers because of those claims and of administrative sanctions arising from them (reasonable attorney’s fees and court costs included), to the extent the law allows and unless caused by Clinigim’s own fault. Each Party notifies the other of such a claim without delay and, where appropriate, gives notice of the proceedings.

19.2. Clinigim defends the Clinic against claims that the Service, used as provided, infringes a third party’s intellectual property right, and pays the damages finally awarded. The Clinic notifies the claim without delay and cooperates reasonably in the defence. Clinigim’s obligation under this paragraph is subject to the cap in section 18.1.

20.1. Delay or non-performance caused by events beyond the Parties’ control, such as natural disaster, epidemic, war, strike, widespread internet or power outage, large-scale failure of third-party infrastructure providers, mass cyber-attacks that could not be prevented despite reasonable security measures, or orders of competent authorities, is not a breach of the agreement. The affected Party gives notice without delay and makes reasonable efforts to reduce the effect. This section does not remove the security and breach notification obligations in the Data Processing Agreement.

21.1. The Clinic may not assign its rights and obligations under these Terms without Clinigim’s written consent. If the Clinic transfers its business to a company or another person, a request to assign is not refused without good reason; before taking over the Account, the transferee confirms these Terms and the Data Processing Agreement in its own name.

21.2. Clinigim may assign its rights and obligations under these Terms, preserving the Clinic’s rights and giving Written Notice, by transferring its commercial business, transferring it to a company or converting into a company, or transferring the Service to a successor or a group company. The Clinic hereby gives its consent to such an assignment under Article 205 of the Turkish Code of Obligations No. 6098. A Clinic that does not accept the assignment may end its Membership without penalty within 30 days of the notice, in which case the fee for the unused paid period is refunded.

22.1. Clinigim offers material changes it wishes to make to these Terms to the Clinic by in-app notice (and, where appropriate, also by e-mail) and gives the clinic owner at least 30 days to confirm the new text. The new text becomes binding once the clinic owner confirms it electronically through the Account; continuing to use the Service is not, on its own, acceptance, and until confirmation the earlier text applies between the Parties. Price changes follow section 6.2. Only corrections of wording and formatting, changes in the Clinic’s favour such as adding a feature, and adaptations required by mandatory law or by a decision of a competent authority take effect on publication, to the extent required and with the reason stated.

22.2. A Clinic that does not accept a change may end its Membership without penalty during that period, in which case the fee for the unused paid period is refunded. If the new text has still not been confirmed at the end of that period, buying and changing plans, payments, clinic settings and changes in team, invitation and permission management in the clinic owner’s account are restricted until confirmation; patient and appointment work, viewing and exporting data, cancelling the subscription and deleting the clinic are not affected by the restriction. In that case Clinigim may also end the agreement by Written Notice given 30 days in advance; the fee for the unused paid period is refunded. This paragraph does not apply to changes to the Data Processing Agreement; section 15.1 of the Data Processing Agreement applies to them.

22.3. Every version is published in the Version history section with its effective date and what changed.

23.1. Notices to Clinigim are sent to [email protected] and, if a registered electronic mail (KEP) address is published in the Company Information section, also to that address; notices to the Clinic are sent to the clinic owner’s e-mail address registered in the Account and, where appropriate, by in-app notice. An e-mail notice is deemed received on the first business day after it is sent.

23.2. The Clinic is responsible for keeping its registered e-mail address current; a notice sent to the registered address of a Clinic that has not recorded a change in the Account is valid.

23.3. Where the Parties are not both merchants, they agree that warnings and termination notices under these Terms may be given to the e-mail addresses in this section. Where both Parties are merchants, notices putting a Party in default, terminating or setting a deadline are given through one of the channels listed in Article 18(3) of the Turkish Commercial Code No. 6102 (notary, registered letter, telegram or KEP with a secure electronic signature); in that case an e-mail is also sent for information.

24.1. These Terms and the documents attached to them are governed by the laws of the Republic of Türkiye; for Clinics established outside Türkiye, this choice of law is based on Article 24 of Turkish Law No. 5718 on Private International Law and International Civil Procedure.

24.2. Disputes arising from or in connection with these Terms and the documents attached to them fall under the exclusive jurisdiction of the courts and enforcement offices of Yüksekova (Hakkari), Türkiye. This choice of court applies to Clinics that can validly agree on jurisdiction under Article 17 of the Turkish Code of Civil Procedure No. 6100; for Clinics for which such an agreement is not valid, the statutory rules of jurisdiction apply. The Parties agree that the place of performance of the payment obligations towards Clinigim of a Clinic that is not a consumer is Clinigim’s seat in the district of Yüksekova (Hakkari); this sentence does not apply to Clinics that qualify as consumers.

24.3. The mandatory rules of the country in which the Clinic is established, in particular its data protection and consumer protection law, remain unaffected. For Clinics established in the European Economic Area or the United Kingdom, Annex 4 of the Data Processing Agreement applies in addition; as to the Standard Contractual Clauses there, the law and courts stated in Annex 4 apply.

24.4. Before taking a dispute to court the Parties agree to seek a solution through Written Notice and discussion; this does not suspend limitation periods. In commercial cases whose subject is the payment of a sum of money, mediation must be applied for before a lawsuit is filed, under Article 5/A of the Turkish Commercial Code No. 6102; other mandatory mediation rules and the rules on consumer arbitration committees remain unaffected.

25.1. These Terms and the documents attached to them are the Parties’ entire agreement on their subject and replace all earlier oral or written agreements.

25.2. If a provision is held invalid, the other provisions are unaffected; the invalid provision is deemed replaced by the valid provision closest to its purpose.

25.3. Not exercising a right is not a waiver of it.

25.4. The Parties accept that the electronic records Clinigim keeps in the Service (account opening, sign-in, transaction, confirmation and acceptance, payment, notice and support correspondence records included) are documents within the meaning of Article 199 of the Turkish Code of Civil Procedure No. 6100 and are used as evidence in disputes arising from these Terms; this agreement is an evidence agreement within the meaning of Article 193 of that Code. The content of those records is taken as accurate until the contrary is proven; the Clinic may prove by any means that the records are incomplete, wrong or altered.

25.5. The Clinic accepts that these Terms were prepared in advance by Clinigim for use with many customers, that it could read and save the whole text before confirming it, and that it was separately informed of the provisions summarised in the Key provisions section at the beginning.

When using the Service, the Clinic and its Users may not:

• use the Service for an unlawful, misleading or discriminatory purpose, to infringe third parties’ rights, or to provide health services they are not authorised to provide,
• message a Patient without the Patient’s agreement, or send marketing or bulk messages through the Service,
• attempt to reach accounts other than their own, other Clinics’ data or closed parts of the Service; test, circumvent or disable security measures (reports under the responsible disclosure programme excepted),
• extract data with automated tools, place excessive or unusual load on the Service, or upload malicious software,
• abuse the Service by entering fictitious patients or businesses, or open multiple Accounts to exceed quotas,
• assign, rent or share the Account or its credentials with third parties, or resell the Service,
• copy any part of the Service, reverse-engineer it or study it to build a competing product,
• use Clinigim’s brand, interface or texts without permission,
• insult, threaten or harass Clinigim’s employees or support team,
• publish on the booking page images, texts, marks or personal data for which they lack the right or the required consent, or promotional and advertising content prohibited by health legislation,
• use the Service for the benefit of a sanctioned country, organisation or person; the Clinic declares that it does not appear on sanctions lists.

Earlier versions of this document and what changed in each:

• 6 November 2026 — Hosting information in the Key provisions summary updated: the application server and the database are in Türkiye. No obligation changed.
• 23 October 2026 — Key provisions summary added; the courts and enforcement offices of Yüksekova (Hakkari) set as the competent courts and mandatory mediation explained; provisions updated on the binding Turkish text, the declaration of not acting as a consumer, unauthorised confirmation, medical-device status, licences and professional authorisations, maintenance and service level, price changes, payment date and chargebacks, invoice objections, respect for the support team, Ministry systems and hosting abroad, review messages, booking page content and hosting, limitation of liability for employees, indemnity, assignment, changes taking effect on confirmation, notices and evidence. Existing Clinics have 30 days to re-accept.
• 20 October 2026 — Comprehensive rewrite: definitions extended; sections on the Service, messages, the booking page, confidentiality, third-party services, suspension, indemnity, force majeure, assignment and general provisions added; the Acceptable Use Policy became Annex A; governing law set out in one text for all Clinics; periods tied to a single table. Existing Clinics have 30 days to re-accept.
• 16 October 2026 — Payment section: payment institution, renewal from a saved card, refund within 14 days and cancellation at the end of the period.
• 26 September 2026 — First version.