Terms of Use and Membership Agreement

Welcome to UzmanFikir! This mobile application, operated by Atmosphere Yazılım ve Bilişim Hizmetleri A.Ş. (“Atmosphere”), offers surveys and Medical Product promotions specifically designed for healthcare professionals (“HCPs”). Access to UzmanFikir's services is exclusively through a membership system; therefore, you must be a member to use its features.

The detailed terms of use and membership for UzmanFikir are outlined below. By becoming a member, you acknowledge and agree to all these terms.

Update history

Version	Date	Description
v1.4	May 27, 2025	Earning and transferring cash points.
v1.3	August 14, 2024	Change of our company's address.
v1.2	May 14, 2022	Explanations on earning and donating charity points, and the ability to donate with reward points.
v1.1	April 19, 2021	Our commitment regarding the period for reporting adverse events to the license holder, your responsibilities regarding the security of your account.
v1.0	April 8, 2021	First version.

1. DEFINITIONS

• Adverse Event Reporting Form: A form used by Members to report undesirable events observed during the use of specific Medical Products.
• Survey: A questionnaire developed by pharmaceutical companies, medical device manufacturers, medical diagnostic and laboratory solution providers, research firms, or Atmosphere itself. These surveys aim to gather and analyze HCPs' opinions on various topics within the pharmaceutical, medical device, and healthcare services sectors.
• Contracted Organization: An organization partnered with Atmosphere where Members can redeem Reward Points, Charity Points, and/or Cash Points earned from participating in UzmanFikir surveys.
• Charity Point: A monetary value that Atmosphere directly transfers to a selected NGO. Members can choose to convert their earned Reward Points from UzmanFikir surveys into Charity Points, or certain surveys may exclusively award Charity Points.
• Participant: A Member who completes one or more surveys through the UzmanFikir Application.
• Personal Data: Any information pertaining to an identified or identifiable natural person, as defined by Law No. 6698 on the Protection of Personal Data.
• User: An individual who has downloaded the UzmanFikir mobile application but whose membership application has not yet been approved by Atmosphere.
• Force Majeure: Unforeseeable events beyond the reasonable control of the parties that render contractual performance impossible or extremely difficult. These include but are not limited to, natural disasters, fires, explosions, civil unrest, war, insurrections, popular movements, declarations of mobilization, strikes, lockouts, epidemics, and infrastructure or internet failures.
• Healthcare Professional (HCP): Physicians, dentists, pharmacists, nurses, midwives, and other professionals as defined in Annex 13 of Law No. 1219 on the Practice of Medicine and Medical Arts, dated April 11, 1928.
• Cash Point(s): Monetary values credited to a Member's UzmanFikir Application account, within legally stipulated limits, upon successful participation in various surveys. These points can later be transferred to bank accounts designated by the Participants.
• Reward Point(s): All non-cash benefits and values, such as discount and spending rights (excluding Cash Points and Charity Points), credited to a Member's UzmanFikir account upon participation in various surveys.
• Reward Coupon(s): Discount coupons obtained by Members using their earned Reward Points in UzmanFikir, redeemable at Contracted Organizations.
• Medical Product: A substance or combination of natural or synthetic substances, enteral nutrition product, or medical food applied to humans to treat or prevent disease, making a diagnosis, or correcting, regulating, or modifying a physiological function.
• Member/You: An individual who has downloaded UzmanFikir and whose membership has been approved by Atmosphere.
• Hosting Provider: Any natural or legal person who provides or operates systems that host services and content.
• Regulation: The Regulation on the Promotional Activities of Human Medicinal Products.

2. MEMBERSHIP CONDITIONS AND RULES

2.1. Member Application Form

1. Users register by entering a verification code sent to the phone number they provided upon their initial access to UzmanFikir.
2. After logging into UzmanFikir with the phone-sent code, Users can complete the Application Form to request membership. The Application Form serves to verify the identity and professional status of applicants, ensuring they are indeed Healthcare Professionals.
3. During the membership application review, Atmosphere may request additional information and documents from the HCP. Failure to provide these within the specified timeframe may result in the rejection of the membership application.
4. Upon approval of a membership request by Atmosphere, the HCP will receive an in-app notification from UzmanFikir. Atmosphere reserves the sole discretion for approval decisions, and the HCP has no right to object to such decisions.
5. Once membership is approved, access to UzmanFikir requires entering a confirmation code sent via SMS to the Member's registered phone number. Members are solely responsible for the security of their phone and SMS. The relevant provisions of this agreement apply accordingly.
6. Atmosphere does not commit to a specific timeframe for evaluating membership requests. However, all requests will be processed and concluded as promptly as possible.
7. Personal data submitted in the application form is protected in accordance with Law No. 6698 on the Protection of Personal Data (“KVKK”) and other applicable legislation. Detailed information regarding your personal data and KVKK rights can be found via the link below.
8. Occasionally, Members may receive a limited number of invitation codes to share with other HCPs they know. While Members are free to share these codes, Atmosphere reserves the right to reject membership applications from healthcare professionals who join using an invitation code.
9. Members may terminate their membership at any time directly through the UzmanFikir application.

2.2. Surveys

1. Approved HCP Members can participate in surveys currently available on UzmanFikir, as well as those developed and introduced to Members in the future.
2. Surveys on UzmanFikir are tailored to individual Members. This means not all Members have access to every survey, nor is the same survey sent to every Member. Survey content is specifically curated and made available based on factors such as the Member's profession, specialty, employment sector (public/private), and other relevant categories.
3. Survey results, in the form of statistical charts, may be shared with Atmosphere's clients and/or solution partners, license/permission holders under the Regulation, or contracted companies. These charts combine the personal data of Members who completed the survey with data from other Members, including but not limited to pharmaceutical and research companies. This sharing occurs without disclosing individual names or contact details, but includes aggregated information such as specialty, profession, survey responses, time spent on questions, and similar details, as further explained in the KVKK clarification text.
4. The type and number of points earned for each survey participation may vary. The specific Reward Points, Cash Points, or Charity Points for a given survey and Participant are determined in advance and communicated to the Member. Upon completion of the survey, these points are credited to the Participant's UzmanFikir account. The HCP cannot object to the type or number of points awarded.
5. The identity of the individual or legal entity that prepared the survey content is not disclosed to Members.
6. Atmosphere does not guarantee a regular supply of surveys to HCPs, nor does it commit to awarding specific types or predetermined numbers of points or other rights outlined in this Agreement, irrespective of survey frequency.

2.3. Reward Points, Cash Points, and Charity Points

1. Participants can convert their eligible Reward Points into specific Reward Coupons on UzmanFikir, or, depending on the survey's features, convert them into Charity Points. Reward Points chosen by Members can be redeemed according to the cooperation rules between Atmosphere and the respective Contracted Organization. The value of Reward Points converted into a coupon will be deducted from the Member's total Reward Points.
2. Reward Points, Charity Points, and Cash Points earned through UzmanFikir must be used within one year from the date they are credited to the Member's account. Any points not used within this period will be automatically deleted upon the end of the one-year term.
3. The terms of use for Reward Coupons, obtained by Members through point conversion, are solely determined by the Contracted Organizations. Consequently, the types, associated rights and obligations, and usage conditions of these coupons may differ across various Contracted Organizations. Due to this variability, Members cannot assert any rights, claims, or compensation demands against Atmosphere.
4. Details regarding Contracted Organizations where Reward Coupons can be used, along with the conditions for redeeming Reward, Charity, or Cash Points, are available within the UzmanFikir application. Members can access this information by logging into their accounts. Should any conflict arise between this Agreement and the information published in UzmanFikir, the latter shall take precedence.
5. Reward Points, Coupons, and Donation Coupons are not considered money, electronic money, digital currency, or cryptocurrency, and cannot be converted into such. Neither Atmosphere nor Contracted Institutions are obligated to convert these into money, electronic money, or any other physical, abstract, or digital value. This rule also applies if membership is terminated before Reward Points are used; any unused Reward Points held by an HCP upon membership termination cannot be redeemed or converted.
6. Cash Points do not constitute electronic, digital, or cryptocurrency. They represent a Turkish Lira (TL) monetary value committed by Atmosphere to Participants who successfully complete surveys. Conversion of Cash Points into any electronic money, digital money, cryptocurrency, or any other physical, abstract, or digital value cannot be requested.
7. Cash Points earned by a Participant upon survey completion cannot be converted into any other point type defined in this Agreement, nor can other point types be converted into Cash Points.
8. When Reward Points are designated as Charity Points, a unique code is assigned to each Charity Point and communicated to the Participant. Atmosphere directly transfers donations to the chosen NGO within a maximum of 5 business days. Participants can view a receipt of their donation, including the assigned code, in the application's 'Donations' section within 5 business days. No personal data or information about the Member is shared with the recipient NGOs.
9. Upon a Participant's completion of a survey, any earned Cash Points are immediately credited to their UzmanFikir account.
10. Participants may, at any time, request the transfer of all or a portion of the Cash Points accumulated in their UzmanFikir account to a bank account they have registered through UzmanFikir. Atmosphere will transfer the requested amount to the designated bank account within five business days of the request date.
11. The earning of Reward Points, Cash Points, and/or Charity Points does not, under any circumstances, establish a continuous contractual relationship, such as an employment or consultancy agreement, or a representation relationship between the Participant and Atmosphere.

2.4. Medical Product Promotions

1. While UzmanFikir's primary goal is to facilitate Member participation in surveys, Members interested in current developments regarding Medical Products can also view promotional content by navigating to the "News" tab within the application. This content is not public and is accessible only to Members who choose to view it.
2. Article 3 of this agreement specifically addresses the content of Medical Product promotions.
3. Accessing Medical Product promotions does not generate any Reward Points, Charity Points, Cash Points, or similar rights, entitlements, or benefits for the Member.
4. Access to Medical Product promotions is entirely at the Member's discretion and is not a prerequisite for using UzmanFikir.

2.5. Adverse Event Notifications

1. Adverse Event Reporting Forms for certain Medical Products may be made available to Members. Completing these forms is entirely voluntary, and no benefits or Reward Points will be awarded for their submission.
2. Adverse Event Reporting Forms will require the name and surname of the Member completing the form, product name, contact information, and the patient's name/surname initials, age, gender, and a description of the adverse event. This data will be forwarded to the license holder within 1 business day if Atmosphere can identify the license holder of the Medical Product for which an adverse event is reported.
3. Members bear primary responsibility for the personal data they enter into Adverse Event Reporting Forms. It is the Member's obligation to inform the patient that their personal data may be shared with UzmanFikir and the Medical Product's license holder, as well as other matters specified in the KVKK. Atmosphere may recoup any judicial or administrative fines, or direct/indirect compensation amounts that Atmosphere is compelled to pay due to the Member's failure to properly fulfill these obligations from the Member. Should Atmosphere make such a request, the Member agrees to fully comply without further notice.
4. Atmosphere will retain data entered by Members into Adverse Event Reporting Forms for a period of 10 years.
5. The purpose and method of collecting data entered into Adverse Event Reporting Forms are determined by the T.R. Ministry of Health, Turkish Medicines and Medical Devices Agency. Accordingly, the data controller is the license holder of the Medical Product specified in the form. Atmosphere disclaims responsibility for how the data is processed after its transfer to the license holder.

3. DISCLAIMER

3.1. Survey Contents

1. The content of surveys made available to Members is the sole responsibility of the individual(s) and/or organizations that prepared them. Atmosphere bears no responsibility, including any duty of care or supervision, for any infringement of third-party rights or for the illegality/immorality of survey content. Atmosphere's responsibilities for surveys it directly prepares are explicitly reserved.
2. Surveys are strictly not intended to promote any specific Medical Product to Members. Any survey found to contain, even indirectly, Medical Product promotion will be immediately removed from UzmanFikir upon notification by a Member to Atmosphere or upon detection by Atmosphere.

3.2. Reward Coupons

Contracted Organizations are solely responsible for the proper redemption and use of Reward Coupons. Members irrevocably agree and declare that they will not assert any rights, claims, or compensation demands against Atmosphere based on the improper use of Reward Coupons.

3.3. Medical Product Promotions

The individuals or entities that prepare Medical Product promotional content, which is available on UzmanFikir and accessible solely at the discretion of Members, are responsible for its compliance with relevant legislation. Atmosphere cannot be held liable for any non-compliance of this content with legislation or for the infringement of third-party rights. Atmosphere acts merely as a Hosting Provider, facilitating the inclusion of such promotional content on UzmanFikir. As such, it is not obligated to monitor the hosted content or investigate potential illegal activities.

3.4. Technical Problems

Atmosphere, its management, operators, affiliated companies, organizations, and their employees shall not be held liable under any circumstances for:

• Defects, errors, or omissions in the content across Atmosphere's Sites and Platforms.
• Any damage, loss, or alleged loss, including but not limited to loss of profit, resulting from the inability to access the Site and Platform.
• Atmosphere's failure to fulfill its obligations due to force majeure or unforeseen circumstances.
• The seizure, disclosure, destruction, alteration, or similar processing of user information by third parties resulting from cyberattacks or other unlawful actions.

3.5. Account Security

1. Please be reminded that you are solely responsible for the physical security of your login/logout procedures, your device, SIM card, and phone number.
2. Should your device, SIM card, or phone number be seized by a third party against your will, or if you change or cancel your phone number, please notify us immediately via the support section within UzmanFikir or using our contact address provided below. Upon receiving your notification, we will make every reasonable effort to protect your account and your Reward Points, Cash Points, and Charity Points.
3. Atmosphere is not responsible for any damages or losses that may arise from the unauthorized use of your phone number, device, or SIM card by third parties, whether due to your failure to notify us or for any other reason.
4. Unauthorized individuals using your device, SIM card, or phone number may gain access to your UzmanFikir account, use your Reward Points, Cash Points, and Charity Points, or engage in activities that violate the Membership Agreement or applicable laws while using UzmanFikir. As stated in Article 3.5.3, you bear full responsibility in all such instances. To mitigate these risks, it is crucial that you inform us of any potential changes to your device, phone number, or SIM card.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

All intellectual and industrial property rights, including but not limited to copyrights, patents, trademarks, designs, databases, and know-how, associated with all written, visual, and audio content, designs, and brands connected with UzmanFikir, arising from their use, publication, distribution, or transfer, belong exclusively to Atmosphere. Users and Members are prohibited from copying, using, distributing, reproducing, disclosing, renting, or establishing any other rights over the content within UzmanFikir without Atmosphere's prior written permission.

5. NON-TRANSFERABILITY OF THE AGREEMENT

This Agreement is personal and cannot be transferred to third parties under any circumstances without the prior written permission of Atmosphere's management/operators. Furthermore, rights arising from this Agreement cannot be established in favor of, or made available for use by, third parties.

6. GENERAL RULES OF USE

1. It is strictly prohibited to transmit harmful content, including but not limited to computer viruses, Trojans, worms, license control programs, or software locks, to UzmanFikir, its users, or members.
2. Users and Members are not granted access to the source code of any UzmanFikir platform. No IT product, particularly the software and updates available or offered on UzmanFikir and its connected platforms, may be disassembled, reverse-engineered, or converted into source code.
3. Users and Members do not have any representative relationship with Atmosphere or UzmanFikir. No statements, images, or sounds implying otherwise may be shared, transmitted, or used on any platform.
4. Access for Users and Members found to have engaged in illegal acts, transactions, or inappropriate behavior within UzmanFikir may be blocked. Their Reward Points, Cash Points, and Charity Points may be canceled without any compensation liability, and/or their information may be shared with relevant administrative or judicial authorities.
5. Members are solely responsible for the use of the phone number designated for UzmanFikir access and the SMS code sent by UzmanFikir to that number. Members cannot avoid responsibility by claiming unauthorized third-party use of their phone number or SMS code.
6. Users and Members warrant the accuracy of all information they provide to UzmanFikir or Atmosphere. The User or Member who provided inaccurate or incomplete information is solely responsible for compensating for any damages arising therefrom.
7. Users and Members are prohibited from transmitting to third parties or sharing on digital/social media any third-party information (whether private or not), survey content, or other information obtained through UzmanFikir. Information and visual/audio products within UzmanFikir may not be copied or used in any other digital or physical good/service provision process.
8. Medical Product promotions and survey content within UzmanFikir are not public; they are exclusively accessible to UzmanFikir Members. Consequently, Members who directly or indirectly disclose such promotions and/or content, visually or audibly, to the public or to any non-member third party or institution, will be solely responsible for all direct and/or indirect damages, including loss of profit, and any judicial and/or administrative sanctions arising from such disclosures.
9. Users and Members are prohibited from publishing, sharing, or transmitting any data, content, or material that infringes upon any third-party rights, particularly privacy rights, commercial rights, and intellectual/industrial property rights. Individuals who believe this rule has been violated should contact Atmosphere to report their complaints.
10. Users and Members acknowledge, declare, and undertake responsibility for all damages and lost profits incurred by Atmosphere as a result of their conduct violating these general rules of use.
11. Should any term within this Agreement be deemed invalid or unenforceable, the validity and enforceability of the other terms shall remain unaffected.
12. This Agreement supersedes all prior agreements between the parties. The effective date of this Agreement is the date of membership approval.

7. COMPETENT COURT

Turkish law governs all obligations arising from this Agreement. In the event of any dispute, the Istanbul (Anatolian) Courts and enforcement offices shall have exclusive jurisdiction.

Contact Us

For any requests, suggestions, or complaints, please use the form on our support page, contact us anonymously through the support section within UzmanFikir, email participantrelations@uzmanfikir.net, or send mail to our company headquarters.

Contact Information

Atmosphere Yazılım ve Bilişim Hizmetleri A.Ş.

MERSIS NO	0103-1286-8530-0001
Address	Huzur Mh. Maslak Ayazağa Cd. No: 4/B 34485 Sarıyer, İstanbul, Türkiye
Email	katilimcihizmetleri@uzmanfikir.net
Phone	+90 216 573 5555
E-Notification Address	25878-69864-13153
KEP Address	atmosphereyazilim@hs01.kep.tr