1. PARTIES and SUBJECT MATTER

This Membership Agreement ("Agreement") is between Can Yılmaz Şahıs Şirketi ("Platform"), located at Barbaros, Şebboy Sk. No:4/1 İç Kapı No:1, 34758 Ataşehir/İstanbul, and Can Yılmaz Sole Proprietorship ("Platform") and the natural person who becomes a member through the Website or Application ("Member"), for the purpose of determining the terms and conditions for the use of the Services provided and establishing the rights and obligations of the parties accordingly.

The Member acknowledges and declares that they have read the entire Agreement, fully understand its contents, and approve all of its provisions.

2. DEFINITIONS

Service/Services:

All content, services, and applications that enable Members to perform the transactions defined in this Agreement and detailed on the FindPhoto website, mobile application, or other digital media.

Platform(s):

The FindPhoto website, mobile application, and all other digital platforms where the Services are provided.

User(s):

Individuals who visit the Platforms but have not yet completed the membership process.

Member(s):

Real persons over the age of 18 who have registered to use the Services by accessing the platforms digitally and whose membership has been approved by FindPhoto.

Website:

The web platform accessible via the domain name www.findphoto.ai and its subdomains, through which FindPhoto provides its Services.

Application:

The FindPhoto mobile application downloaded from digital stores compatible with members' mobile devices to enable them to use the Services.

Event:

Events that are special and meaningful for individuals, such as engagements, weddings, graduations, and birthday celebrations, as well as corporate events, fairs, launches, demo days, agency events, and similar events that require an invitation or ticket or payment to attend.

Event Page:

A dedicated web page on the FindPhoto platform where members can easily access and download photos taken at events they have attended.

Photographer:

A person(s) contracted by FindPhoto to take photos of participants at events and upload them to the platform.

Photo:

All images taken by the Photographer with the member's consent.

Member Page:

A personal page where members can view and update their own information on FindPhoto, access event photos, and log in only with their own username and password.

3. RIGHTS AND OBLIGATIONS

3.1 To obtain member status, Users over the age of 18 who wish to become members must: approve the Platform Usage Agreement found on the Website; fill out the membership form with accurate information as requested; upload their photo; or, if they have a Facebook account, provide their information automatically through that channel; and have their membership application evaluated and approved by the Platform. Upon completion of the approval process and notification to the user, membership status begins, and the Member thereby acquires the rights and obligations specified in this Agreement and in the relevant sections of the Website. The User and Member shall be solely responsible for any damages arising from the failure to obtain membership due to providing false information that does not accurately reflect the membership conditions in question, the failure to deliver the purchased Photo, the delivery of Photos to the wrong persons, the inability to refund the fee, and any other circumstances.

3.2 Membership rights and obligations arise only for the person whose membership is approved, and the Member may not transfer these rights and obligations, in whole or in part, to any third party. In the event of a dispute regarding which real person holds the rights and obligations pertaining to the Membership or Photos, and if the persons concerned make a claim to the Platform in this regard, the Platform may conduct identity verification and individual interviews, carry out all necessary investigations to reach a decision, and, upon reaching a final decision, accept that only one real person holds the rights and obligations of the relevant membership account and proceed accordingly. In such a case, the Platform shall have no liability for the membership created in violation of the law and/or the uploaded Photo, and the person who opened the account or uploaded the Photo shall be solely liable to the actual rights holder.

3.3 The User acknowledges and declares that if they wish to initiate the membership and/or purchase process via the Website or Application, they are obliged to fulfill all necessary legal obligations and procedures, including those on the Website, and that the Platform shall not be liable for any failure to fulfill such obligations and procedures. The User/Member shall be liable for all damages that may arise on the Platform in connection with the payment made to use the Services, and shall also pay all damages arising from claims made by banks and cardholders due to payment systems upon first request, together with all interest.

3.4 The Member warrants that the information, content, and images transmitted by them through the Platforms are accurate and lawful, and do not contain any defamatory, slanderous, reputation-damaging statements, insults, profanity, accusations, threats, harassment, or other content that violates the law or morality. and that the publication of this information and content does not create any legal violation in accordance with the applicable legislation, does not cause any infringement of rights, and that all rights and authorities for the publication of the said content on the internet and all media are vested in the Member. The Member shall be solely responsible for any legal or criminal liability arising from any action or conduct contrary to this.

3.5 The Member also irrevocably transfers to the Platform all financial rights (processing, distribution, reproduction, and public display) related to any Photographs provided by appearing in Events and/or in any area on the street and any visual content provided, without any geographical, time, or media restrictions, and irrevocably declares, accepts, and undertakes to immediately carry out any and all transactions related to this transfer free of charge.

3.6 The Platform shall have the right to process any personal information shared by the Member on their membership account, provided that the necessary permissions have been obtained. However, in accordance with applicable legislation

the Platform shall share the membership information in its possession with the relevant authorities upon request from the competent authorities. This information may be communicated to other users who may be parties to the dispute and to the parties involved in the dispute, solely for the purpose of enabling other users to exercise their legal rights in disputes arising between members and only within this limited scope.

3.7 The username and password information required by the Member to access the Membership Page and perform certain transactions through the Media is created by the Member, and the security and confidentiality of this information is entirely the Member's responsibility. The Member acknowledges, declares, and undertakes that they are responsible for any transactions carried out with their username and password, that the responsibility arising from these transactions is theirs alone, that they cannot raise any defense and/or objection that they did not carry out such transactions, and/or that they will not avoid fulfilling their obligations based on such defense or objection.

3.8 The Platform is the sole owner of all content on the Media and does not permit or consent to any unlawful use of this content, particularly any use within the scope specified below, or the acquisition, copying, processing, use, or linking of all or part of this content.

• ●  Use of the Website by a Member or a third party to create, control, update, or modify a database, record, or directory belonging to themselves or another person;

• ●  Using the Website in its entirety or any part thereof for the purpose of disruption, modification, or reverse engineering;

• ●  Performing transactions using false information or another user's information, providing false or misleading personal information, residential address, e-mail address, contact, payment, and account information to create fake user accounts and use these accounts in violation of the law within or outside the scope of these terms of use or the membership agreement and its annexes, unauthorized use of another user's account, acting as a party or participant in transactions on behalf of another person or under a false name, or creating an account;

• ●  Using the Website or Application for any illegal or fraudulent purpose.

• ●  The unauthorized use, copying, modification, transmission, or replacement of all or part of any

  content that is copyrighted, legally protected, or owned by the Website or a third party, including

  personal privacy and publication rights;

• ●  Manipulating the price of any transaction or interfering with other users' transactions;

• ●  Using the comment, reply, and rating systems for purposes other than those intended by the

  Website (such as publishing competition details or Member comments from the Website outside of

  the Website);

• ●  Spreading chain letters or unsolicited emails (spam);

• ●  Spreading viruses or any other technology that damages the Website, the Website's database, or

  any content on the Website;

• ●  Collecting any information, including email addresses, about Users or Members without their

  permission;

• ●  Attempting to access the Website in a manner that imposes unreasonable or disproportionately

  large loads on the communications and technical systems designated by the Website, or that in

  any way blocks, disrupts, impairs, damages, or alters such communications or technical systems;

• ●  Using automated programs, robots, web crawlers, spiders, data mining, data crawling, or other

  "screen scraping" software or systems on the Website without the Platform's prior written consent, and thereby copying, publishing, or using all or part of any content on the Website without permission;

any content on the Website, in whole or in part, without permission;

Any unauthorized use of the Website and all content on it beyond the usage limits specified in this agreement is unlawful; the Platform reserves the right to immediately suspend or terminate the Membership and to pursue claims, lawsuits, and enforcement actions without any refund.

3.9 The Platform may use, store, and share the "Member/Personal" information declared by the Member in accordance with the Privacy Policy, to fulfill its obligations under this Agreement and to carry out the applications necessary for the operation of the Website, and for statistical evaluations, advertising, marketing, and other commercial communication activities determined by itself, in accordance with the permission obtained. The Member acknowledges and declares that they consent to the use and storage of their information by the Platform in this manner by approving the authorized communication text. The Platform will take all necessary measures to ensure the secure storage of such information. The Member shall have the right to change and delete their personal information at any time.

3.10 The Member will log in to the Website using their password via their account, visit Event Pages, purchase Photos, and benefit from all other Services. However, in order for the membership to continue and to benefit from the Services, all necessary conditions, including payment of the service fee, must be fulfilled without exception. Failure to fulfill these conditions or in any other case deemed necessary by the Platform, membership may be suspended or canceled. Where deemed necessary, the Platform may, based on a valid reason, prevent the relevant person from becoming a member, suspend or cancel their membership, cancel their purchase, and take any other measures it deems necessary.

3.11 Members' connection to the Media and photo download times/quality may vary depending on their connection speed. This may affect the performance of using these Services, but the Platform shall not be liable in any way for this situation. Any fees incurred by the Member from the connection provided by any device shall also be borne by the Member.

3.12 The terms and conditions for using the Services provided by the Platform will be continuously announced on the Website and may be changed by publishing the rules/terms on the Website when deemed necessary. Members are required to follow and comply with these rules/terms via the Website throughout their membership.

3.13 Membership must be active in order to use the Services and receive purchased Photos. Membership can be canceled at any time via the Membership page or by sending an email titled "Cancel Membership" to the contact address provided on the site. However, the cancellation will take effect from the following month, subject to the Platform's approval. If a request to be removed from the mailing list has been submitted during this time, communications regarding announcements and sales will also be suspended within 3 business days. All mandatory communications regarding purchased Services, as required by law, are exempt from this provision.

3.14 Since the service operates using facial recognition technology, the faces of Members or non- Members may appear in the same frame as other Members during photo shoots and may therefore be shared with other Members or published on Media without their consent. If a Member or relevant person believes that such photos belonging to them have been published without their consent, they shall immediately notify the Platform and request that the situation be rectified. The Platform shall not be liable in any way for this situation.

4. INTELLECTUAL PROPERTY RIGHTS

Members may not resell, share, distribute, display, reproduce, create derivative works from, or prepare derivative works based on the Services offered through the Media, Platform information, works subject to the Platform's copyright, or images belonging to other Members, or permit others to access or use such

access or use these services; otherwise, they shall be liable to cover any compensation amounts that may be claimed from the Platform for damages incurred by third parties, including but not limited to licensors, as well as other liabilities, including but not limited to court costs and attorney's fees.

All assets, including all rights to property, real and personal rights, and all rights related to commercial information and technical/accumulated expertise (know-how), such as software, commercial information, copyrighted works, trademarks, and commercial appearance related to all services offered by the Platform, as well as all rights related to intellectual property owned through the Website, belong to the Platform and cannot be used without permission.

5. CHANGES TO THE AGREEMENT AND TERMINATION

The Platform may, at its sole discretion and unilaterally, amend this Agreement at any time it deems appropriate by publishing the amendments on the Media. The amended provisions of this Agreement shall become effective on the date they are announced, and the remaining provisions shall remain in full force and effect and continue to produce their effects. This Agreement cannot be amended by the Member's unilateral statements, but the Member may always exercise their right of termination after an amendment to the Agreement, in accordance with the specified cancellation rules.

The Platform may terminate this Agreement at any time with immediate effect by canceling the Membership within the scope of the rights specified in this Agreement or without giving any reason.

6. EFFECT OF FORCE MAJEURE

In all circumstances legally considered force majeure, the Platform shall not be liable for any delay, failure, or incomplete performance of any of its obligations under this Agreement. In cases of force majeure, no delay, failure, or incomplete performance shall be considered a breach, and the Member shall not be entitled to claim any rights or compensation from the Platform under any name for such circumstances. The term force majeure includes, but is not limited to, natural disasters, riots, wars, strikes, cyber attacks, communication interruptions and access problems caused by service providers, technical infrastructure and internet failures, system improvement or renewal works and failures that may occur for this reason, power outages, and adverse weather conditions, including but not limited to all events beyond the Platform's reasonable control and which cannot be prevented despite the exercise of due care.

7. APPLICABLE LAW AND JURISDICTION

Turkish law shall apply in the implementation and interpretation of this agreement and in the management of legal relationships arising under this agreement. The Istanbul Central Courts and Enforcement Offices shall have jurisdiction over any disputes arising or that may arise from this agreement.

8. VALIDITY OF RECORDS

The Member accepts, declares, and undertakes that in disputes arising from this Agreement, the electronic and system records, commercial records, ledger records, microfilm, microfiche, and computer records kept by the Platform in its own database and servers shall constitute valid, binding, conclusive, and exclusive evidence, that the Platform is exempt from the requirement to take an oath, and that this clause constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure. Article of the Turkish Code of Civil Procedure.

9. INTEGRITY

The invalidity, illegality, or unenforceability of any provision of this Agreement or any statement contained herein shall not affect the validity and enforceability of the remaining provisions of the Agreement.

10. NOTIFICATION

Communication will be established with Members via the email address/mobile phone number they provide during registration or through the general information section on the Website. Communication via email constitutes written communication. It is the Member's responsibility to keep all contact information up to date and to regularly check the Website for notifications.

By electronically approving this Agreement as of the Membership date, the Member accepts, declares, and undertakes to abide by the provisions of the Agreement for the duration of their membership.

Platform Contact and Commercial Information

• ●  Business Name: findphoto.ai

• ●  Responsible Person: Can Yılmaz

• ●  Trade Name: Can Yılmaz

• ●  Tax Office: Kozyatağı

• ●  Tax Number: 9680871303

• ●  Commercial Registry Number: 1064578

• ●  MERSIS Number: 2842741684600001

• ●  Head Office: BARBAROS MAH. ŞEBBOY SK. NO: 4/1 İÇ KAPI NO: 2 ATAŞEHİR

• ●  Phone: +90 (850) 346 54 38

• ●  Email: hello@findphoto.ai