Terms of Service

1. NATURE OF THE SERVICE (B2B ONLY)

The Service is a cloud-based software (SaaS) platform designed for use by professionals and organizations. The Service is intended for business (B2B) use only and is not directed to individual consumers. If you use the Service on behalf of an organization, you represent that you have the authority to bind that entity to these Terms.

2. SERVICE DESCRIPTION

Flumi enables professionals to conduct gamified sessions, generate anonymous participation codes, and analyze session data. The Service is designed to function via anonymous codes without requiring direct personal data entry from participants.

3. ACCOUNT RESPONSIBILITY

You agree to provide accurate information and keep it up to date. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account.

4. DATA PROTECTION AND PRIVACY (OVERVIEW)

4.1. Roles of the Parties: The Company acts as a Data Controller for your account and billing data. The Company acts strictly as a Data Processor for any participant-related data processed on your behalf. You act as the Data Controller and are primarily responsible for ensuring that your use of the Service complies with applicable data protection laws (including GDPR, KVKK, and COPPA), including obtaining any required explicit consents from legal guardians.

4.2. Participant Data: The Service operates using anonymous session codes. If you choose to enter identifiable data (such as nicknames or initials) related to participants for your own tracking convenience, you act as the Data Controller for such data.

4.3. International Use: You acknowledge that the Service may be accessed globally and that you are responsible for compliance with the local laws applicable to your professional activities.

5. SUBSCRIPTIONS, BILLING, AND PAYMENTS

5.1. Subscription Model: The Service is provided on a subscription basis (e.g., Monthly, 6-Month, Annual).

5.2. Fees and Taxes: All fees are presented at the time of purchase. You are responsible for any applicable local taxes or VAT.

5.3. Price Changes: We may update pricing with reasonable prior notice. Continued use of the Service after such notice constitutes your acceptance of the new pricing.

5.4. Refund Policy (No Refunds): As a B2B digital service performed instantly, fees are non-refundable except where strictly required by applicable mandatory law. No partial refunds are issued for unused days upon cancellation.

5.5. Failed Payments: We may suspend or terminate your access to the Service if your payment is not successfully completed.

6. ACCEPTABLE USE

You agree not to:

• Use the Service in violation of any applicable law, regulation, or professional ethical guidelines.
• Infringe upon the intellectual property or privacy rights of others.
• Interfere with or disrupt the integrity, security, or performance of the Service.

We reserve the right to immediately suspend or terminate accounts that violate these Terms.

7. INTELLECTUAL PROPERTY

All intellectual property rights in the Service (including software, design, algorithms, session dynamics, and reporting templates) remain the exclusive property of the Company. You are granted a limited, non-exclusive, non-transferable right to use the Service. Any feedback, feature requests, or suggestions you provide may be used by the Company without restriction or compensation.

8. DISCLAIMER (NO PROFESSIONAL OR MEDICAL ADVICE)

The Service does not provide medical, psychiatric, psychological, or official educational diagnosis, advice, or treatment plans. All outputs, charts, and data are for informational and developmental tracking purposes only. You are solely responsible for how you interpret this data and how you communicate it to the participants' legal guardians.

9. DISCLAIMER OF WARRANTIES

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, the Company disclaims all warranties, whether express, implied, or statutory. We do not guarantee that the Service will be entirely uninterrupted, completely secure, or error-free at all times.

10. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law:

• The Company shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, loss of data, or loss of business opportunities.
• The Company's total aggregate liability for any claims under these Terms shall not exceed the total amount paid by you for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company from any claims, damages, liabilities, or expenses (including attorney's fees) arising out of:

• Your use of the Service.
• Your violation of these Terms.
• Your breach of applicable laws, including data privacy obligations and failure to obtain necessary consents for participant data.

12. SERVICE AVAILABILITY AND CHANGES

We may modify, suspend, or discontinue the Service (in whole or in part) at any time to improve the platform. We may also update these Terms from time to time. Your continued use of the Service after such updates constitutes your acceptance.

13. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the Republic of Türkiye. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts and enforcement offices of Izmir, Türkiye.

14. PUBLICITY RIGHTS

Unless you request otherwise, we may identify you (by professional name, institution name, or logo) as a Flumi user on our website and in other promotional materials to showcase our customer base. You may opt-out of this at any time by sending an email to info@flumi.online.

15. GENERAL TERMS

These Terms constitute the entire agreement between you and the Company. If any provision is found unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full effect. Our failure to enforce any right or provision is not a waiver of that right.

16. CONTACT

Cem Biryoti CBA Yapı İnşaat ve Ticaret
Kültür Mah. Mustafa Münir Birsel Sk. No:4/1 İç Kapı No: 501 Konak / İzmir, Türkiye
Email: info@flumi.online

1.1. Data We Collect and Process

• Account & Billing Data: We collect your name, email, and billing details (Tax ID/VAT) to provide the service and process payments. Payment details (Credit Cards) are processed securely via our PCI-DSS certified partner (PayTR) and are not stored on our servers.
• Log Data: We collect standard system logs (IP addresses, browser types, timestamps) to maintain platform security and performance.

1.2. Data Processing Addendum (GDPR Article 28 Compliance)

Where Flumi acts as a Data Processor regarding the session data of your participants:

• Security Measures: We implement robust technical and organizational measures, including encryption in transit and at rest, to ensure a level of security appropriate to the risk.
• Sub-processors: You authorize us to engage trusted third-party sub-processors (e.g., cloud hosting infrastructure) essential for delivering the Service. We ensure they are bound by strict data protection obligations.
• Breach Notification: In the highly unlikely event of a confirmed personal data breach affecting your participant data, we will notify you without undue delay (within 48 hours) to help you meet your regulatory reporting obligations.
• Data Deletion: Upon the termination of your subscription or upon your written request, we will delete or anonymize the participant data associated with your account, except where required by law to retain it.

1.3. Your Rights

Depending on your jurisdiction, you have the right to access, correct, or request the deletion of your personal account data. You can exercise these rights by contacting us at info@flumi.online.

1.4. Administrative and Transactional Communications

By registering, you acknowledge that Flumi will send "Transactional Emails" necessary for the performance of the contract (GDPR Art. 6(1)(b)). These include password resets, invoice delivery, security alerts, and critical system updates. Since these communications are essential for the safe and functional operation of the Service, they do not require a separate marketing opt-in and cannot be opted out of as long as the account is active.

1.5. Security and Server Location

All data is stored on high-security cloud infrastructure located within the European Union (Frankfurt Region), compliant with SOC 2 Type II standards. We utilize AES-256 encryption at rest and SSL/TLS encryption for all data in transit.

1.6. Cookies and Tracking Technologies

We use cookies to enhance your experience, ensure platform security, and analyze performance.

• Essential Cookies: These are strictly necessary for the platform to function (e.g., authentication, session management, and security). These cannot be disabled.
• Analytical & Marketing Cookies: Subject to your explicit consent via our Cookie Banner, we may use third-party tools (such as Google Analytics and Meta Pixel) on our landing pages to understand user behavior and optimize our outreach.
• Ad-Free Experience Guarantee: We strictly guarantee that no third-party advertisements (banners, pop-ups, etc.) are displayed within the Flumi platform or during play sessions. Marketing cookies are used solely for off-platform retargeting and internal analytics.
• Management: You can manage your preferences or withdraw consent at any time through our Cookie Settings.