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MEMBERSHIP AGREEMENT

  1. PARTIES

    • Witmodel:

      (Witmodel may be referred to as we, the company, the proprietor, the program owner, the system owner throughout the text.)

      Title Witmodel Yazılım Danışmanlık İletişim ve Ticaret A. Ş.
      Tax Office and Tax No
      Address
      Telephone
      E-mail

    • Member:

      (Member may be referred to as member, subscriber, purchaser, user throughout the text.)

      Title/Name-Surname
      ID No or Tax Office and Tax No
      Address
      Telephone
      E-mail
  2. DEFINITIONS

    • Website: Defines all websites owned by Witmodel, especially https://www.witmodel.com/

    • Program: All program, extension, plugin, desktop program, desktop software terms used throughout the text define the software running on desktop developed by Witmodel which may be downloaded from Witmodel.com.

    • User: Defines the website visitors who use the website but have not become a member and have not logged in even if they have downloaded the program.

    • Member: Defines the natural or legal persons who are included in the Witmodel membership registration system through the website or program and use it free or paid.

    • Model: Throughout the text, 3D Model, product, model, content, program contents all define the 3D designs that have been created through any platform or software that produces 3D software.

    • Copyright: All expressions of copyright, intellectual property, design right throughout the text refer to intellectual property rights protected in the context of Turkish Law and international law.

    • Trademark Right: Throughout the text, all trademark, sign and logo expressions refer to the trademark right protected in the context of Turkish Law and international law.

    • Subscription System: In the context of the system created by Witmodel, it defines the system where the members who make monthly or annual payments are registered and the payments are followed.

    • Subscriber: Defines the members who pay for registration in the Witmodel subscription system.

    • Free Usage: Defines the free use of the system within the framework of the conditions determined by Witmodel.

    • Professional Use: Refers to the type of use made by natural individuals who pay within the framework of the conditions determined by Witmodel.

    • Corporate Use: Refers to the type of use made by legal entities by making a payment within the framework of the conditions determined by Witmodel.

    • License: Refers to the license rights of the website, desktop program and all the content in the program content developed by Witmodel in the context of intellectual property rights.

    • Termination: Describes the event when that the agreement does not take effect between the parties in the context of Turkish Law and international law.

    • Integration: Means running the content by establishing a technical connection between the applications developed by Witmodel and other program.

    • Prevention: Refers to the elimination of the possibility of accessing the system by retaining records such as e-mail, IP, Mac, integrated program subscriptions, phone number.

  3. MEMBER PROFILES

    • Free User: Members of the Witmodel website who may use 3 content per day through the desktop program without paying any fee. Members will not make any payments to the system.

    • Professional User: Natural persons who use the system by signing up to the Witmodel subscription system and making monthly or yearly payments. Members sign up in the subscription system by paying monthly and annual fees to Witmodel.

    • Corporate User: Legal persons who use the system by signing up to the Witmodel subscription system and making monthly or annual payments. Corporate users apply to Witmodel and pay according to special pricing according to the number of users, monthly or annual payment status.

  4. LIABILITIES

    • Witmodel declares and accepts that the website is up-to-date, that it complies with the laws, that it has a secure payment system, and that it has the license right of the website as well as program content and models.

    • Users and members declare and undertake that Witmodel is the licensee of the program and contents, that they will not access to the program contents through other software or methods such as cracking passwords, that they will not sign up to subscription system of Witmodel without making payment, that they will not share the contents for which Witmodel is the copyright holder with anyone by any means and that they will not use it as more than one person by purchasing mutual accounts.

  5. PAYMENTS and REFUNDS

    • Monthly Subscription: They are the members who prefer monthly payment and pay 39 USD per month. Subscribers will make the payments in advance at the beginning of the month. In case the monthly subscription is canceled before the end of the month, the subscription will be terminated on the same day of the month following the purchase date. No refunds will be made for monthly advance payments. Members will pay according to the price increase in case Witmodel makes a price increase.

      SAMPLE TABLE
      Date of Membership Date of Cancellation Date of Expiry Payment Made Refund Amount
      12/01/2022 20/01/2022 12/02/2022 39 USD 0
      23/07/2023 05/08/2023 23/07/2023 39 USD 0

    • Annual Subscription: They are the members who prefer annual payment option and pay a discounted amount of 390 USD for 12 months instead of 468 USD for an annual subscription. Members who purchase an annual membership will not be affected by changes in the monthly price throughout the year. In case the membership is canceled before the end of the year, the discount is canceled and the remaining price is refunded by calculating the months of use over the non-discounted price. Witmodel may not be held responsible for bank charges and delays caused by the bank.

      SAMPLE TABLE
      Date of Membership Date of Cancellation Date of Expiry Payment Made Refund Amount
      12/01/2022 20/05/2022 12/05/2022 390 USD 390 - 156 = 234 USD
      23/07/2023 05/03/2024 23/03/2024 390 USD 390 - 312 = 78 USD

    • Corporate Subscription: erms of the agreement between the parties will be valid for corporate members. Corporate members will be subject to the payment and refund conditions in the monthly and annual subscription terms for cancellations and refunds.

  6. LICENSE TERMS

    • Witmodel is the copyright owner and licensee of the website and the program.

    • Witmodel is also the copyright owner and licensee rights of all models in the website and program content.

    • Members making payment to Witmodel will only grant them the right to use according to the license type defined. Subscribers only have using licence upon the website, program and contents. The right to distribute, reproduce, copy, publish, sell to other model platforms is not granted in any type of license.

    • Models may be subject to Commercial Use, provided that they comply with the terms of use and the rules under the membership agreements.

    • Members will not violate copyrights of third persons in terms of models belonging to specific trademarks when using the models included in contents. In case the trademark owner has given permission to them to use the trademark, the trademark may be used on the model. However, it may not be used in any way in case the trademark owner has not allowed. Information on whether there is permission or not is specified in the properties section of each model. Members may not claim to have no knowledge about the usage.

  7. PROHIBITIONS

    • Individuals accessing the models and content through the Witmodel website or desktop program may not distribute the models on other platforms, publish them, share them with free users outside the website, or reproduce them separately or as a whole.

    • An individual who accesses, distributes, publishes or sells the models in violation of the terms of the agreement will be prevented from the system. His/her membership account is closed, legal remedies are sought for the compensation for all damages, and all payments made are seized provided that the damages are compensated additionally. The prevention continues so that the individual will not sign up as a member again.

    • ndividuals who make payments for Witmodel subscription system with cards that do not belong to them or who access the system by hacking are prevented from the system. Necessary complaints are made to legal authorities regarding these individuals.

    • t is prohibited to integrate the Witmodel desktop program with broken, cracked software. In case Witmodel is damaged due to such use, the user is prevented from the system and the necessary legal processes are initiated.

    • Models containing trademarks may not be used without the permission of the trademark owner. In the event that it is used without permission and Witmodel pays any compensation for this reason, the member will compensate this compensation together with all additional costs.

  8. TERMINATION OF THE AGREEMENT

    • In the event the user does not comply with the terms of the agreement, Witmodel may terminate the agreement without any notices, it may prevent the relevant user or prohibit the user from logging into the system.

    • Members may terminate his/her subscription at any time. In the event of termination of the subscription, the payment and refund process will be initiated within the scope of article 5 of the agreement.

    • Members may delete their membership from the system. After the membership is deleted, the mandatory information that Witmodel retains in accordance with the law will continue to be stored.

    • Witmodel may close the system for access temporarily or permanently for any reason. On condition that the members’ tangible rights are reserved, users may not claim to Witmodel on the grounds that they have suffered damage due to the system and desktop program do not run.

  9. COMPENSATION FOR DAMAGES

    • In case users violate license and copyright against Witmodel or third parties by using Witmodel, legal and criminal actions will be taken for compensation for damage. In this process, the user may be prevented from the system temporarily as well as permanently.

    • In case users commit crimes against site administrators, Witmodel’ s employees, its customer service officials or other members and third parties via Witmodel’ s platforms, Witmodel will notify or complain to the necessary legal authorities.

  10. PERSONAL DATA PROTECTION AND PRIVACY

    • The processes regarding the protection of personal data and privacy are regulated in detail in the Witmodel Personal Data Protection Policy and Privacy Policy and the members will be able to take action regarding their personal data according to these texts.

  11. SCOPE

    • These terms of use include Witmodel’ s website, desktop software and all similar websites and programs that it announces as its own.

  12. PUBLICATION and CHANGES

    • The current version has been published on /…/2022, and the right to make changes is reserved by Witmodel

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