Kullanım Koşulları

1. DEFINITIONS

In these Terms of Use, the following terms and expressions shall have the meanings ascribed to them below:

WEBSITE: www.rethaco.com and all subdomains of rethaco.com.
USER: Real or legal persons who visit the SITE and/or create an account through the SITE to utilize the Level Test service.
ACCOUNT: The personal membership profile created by users to access the services provided by the Provider. When creating an account, the User provides their name, email address, and other necessary information. The Account allows the User to use the service, view past results, and manage preferences.
APPLICATION: The applications belonging to the Provider that can be installed on smartphones and tablets running iOS and Android operating systems.
SITE: The Website and the Application collectively, referred to briefly as the "SITE."
LEVEL TEST: The AI-supported service that provides guidance to Users in assessing their English language levels through speaking.
PROVIDER: Tolgahan Güdül.

2. TERMS OF USE

2.1. Visiting this website and using the SITE or any information or service on the SITE is subject to the following terms. Any real or legal person who makes use of the information or services offered on this SITE, or accesses the SITE in any manner, shall be deemed to have read and accepted the following terms of use, notices, and declarations.

2.2. All services offered on this SITE and the Level Test service are provided by the Provider. The Provider is the legal owner of the SITE, and all rights of use, disposal, and intellectual property rights over the SITE and the Level Test belong exclusively to the Provider.

2.3. The User's access to the Level Test service is entirely contingent upon their acceptance of this agreement and compliance with the terms set forth herein. If the User does not accept any condition stated in this agreement, they must immediately terminate their access to the Site by deleting their Account. If the User continues to access their Account and the Level Test service, they shall be deemed to have accepted the entirety of this agreement unconditionally and without restriction.

2.4. The User agrees to use the Service solely for lawful purposes and in accordance with these Terms.

2.5. In the event of misuse of the Service, provision of false information, or manipulation of the system, the User's account may be suspended or terminated.

2.6. Users undertake not to provide unlawful, threatening, defamatory, harassing, or misleading content through the Service.

4.4. (In source order) All software, algorithms, and content utilized within the scope of the Service belong to [Company Name] or are used under license. Copying, selling, or distributing the Service in any manner is strictly prohibited.

3. MEMBERSHIP AND ACCOUNT CREATION

3.1. To benefit from the Level Test service, users must create a free account via the website.

3.2. The User is responsible for ensuring that the information provided during registration is accurate, current, and complete. In the event that misleading or incomplete information is provided, the Provider reserves the right to suspend or terminate the User's account.

3.3. While the Provider is obligated to take necessary software and hardware security measures, it is in no way responsible for the security of Users' accounts. The Provider cannot be held liable for any damages that may arise from the unauthorized use of your account or the sharing of your password with third parties.

4. DESCRIPTION OF THE LEVEL TEST SERVICE

4.1. Level Test is a service that provides guidance to users regarding their spoken English proficiency levels. The User completes the assessment process by providing voice responses to questions presented in written format.

4.2. A written level assessment result is presented to the User, and these results are stored in the Supabase database. The User may access their results at any time. The User may choose to share their results, but this is entirely at the User's discretion.

4.3. Level Test is solely advisory in nature and does not serve as an official language proficiency certificate. The results are provided exclusively to guide the user in understanding their language level.

4.4. The Service is powered by third-party artificial intelligence technology provided by OpenAI. The User acknowledges that errors may occur from time to time in analyses conducted via these systems and that the results do not constitute a definitive academic assessment.

5. LIMITATIONS AND SCOPE OF THE SERVICE

5.1. The Provider does not guarantee that the User's English level will be determined definitively and error-free. The evaluation and the level determined for the User are approximate in nature and do not carry absolute accuracy. The User accepts that the proficiency assessment result presented by the system is not definitive and is provided solely for guidance purposes.

5.2. The level assessment report provides an estimated result based on the responses provided by the User during speaking. The User's actual language capability may vary depending on their performance during the test, stress levels, external factors, and other variables. Therefore, the presented level assessment result does not imply a comprehensive reflection of one or more of the User's English speaking, writing, reading, and listening competencies.

5.3. The Provider does not commit that the User's English level will be accurately or definitively determined, or that it will strictly comply with any international or academic standard. The results obtained are not endorsed by any official institution or authority and do not substitute for any academic or professional qualification certificate. The User acknowledges that the level assessment result is advisory and possesses no official or academic validity.

5.4. The level assessment reports provided by the Provider do not substitute for an official exam result, academic certificate, or language proficiency credential. The User acknowledges that these reports are purely informative and contain no guarantees.

The Company cannot be held liable for any academic, professional, or career-related outcomes that the User may achieve as a result of improving their English language skills. For instance:

No guarantee is provided that the User will succeed in any official language examination (TOEFL, IELTS, YDS, etc.).
No guarantee is provided that the User will gain any advantage in their professional or academic life based on the level assessment result (job interviews, promotions, career changes, etc.).
No commitment is made that the level determined as a result of the service will directly mirror real-life language performance.

The Provider continually engages in improvement efforts to enhance system accuracy and may consider user feedback; however, it does not guarantee a specific rate of accuracy.

5.5. The level assessment reports provided by the Company are informative in nature, aimed at a general evaluation of language proficiency, and do not substitute for a conclusive national, academic, or institutional certificate. The User acknowledges that these reports are advisory only and have not been certified by any official entity.

5.6. The services offered under this agreement are designed solely to provide the User with level determination and evaluation, and do not include any guarantee of specific improvement or definitive outcomes. The Company cannot be held liable for failure to achieve results aligned with the User's expectations and objectives. The User accepts that their satisfaction with the service outcome depends entirely on personal expectations.

[The Provider] is under no obligation to provide additional services beyond the services defined herein.

5.7. The Provider does not guarantee the User's satisfaction regarding the outcomes obtained from the service. The User acknowledges that the assessment result is based on individual evaluation and that whether the service meets their expectations depends entirely on themselves.

5.8. The User declares and acknowledges that they have read and understood these Terms of Use, and are aware of the content, scope, and limitations of the service. The User accepts, confirms, and undertakes that they will not hold expectations beyond the scope of the service, and that the Company cannot be held liable in the event their expectations are not met.

6. PROTECTION OF PERSONAL DATA AND THIRD-PARTY TECHNOLOGIES

6.1. The Provider may process information, including personal data transmitted to it by USERS via the SITE, strictly within the framework permitted by the applicable legislation in force, in accordance with these "Terms of Use" and the provisions of the clarification and explicit consent texts specifically prepared for the data collection process to the extent that it involves personal data.

6.2. By using Level Test, the User declares and accepts that the processing of their data and personal data is conducted in accordance with the privacy policy.

6.3. The voice responses, transcripts, and assessment results provided by users within the scope of the service are stored in an overseas database operated by Supabase so that Users can access them. Data is retained within statutory limits until the user deletes their account or test data. If the User deletes their account, all their data will be irreversibly destroyed or anonymized.

6.4. The User has the right to delete their account and personal data at any time. Upon deletion of the User's assessments or account, all user data, personal data, voice and written responses, and assessment results shall be destroyed.

6.5. Level Test is powered by third-party artificial intelligence systems provided by OpenAI. The Provider bears no liability for any interruptions, errors, or incorrect assessments occurring in the services delivered via these systems.

6.6. Separate terms of use and privacy policies may apply to the use of third-party services. By using the Level Test application, the User declares that they are informed of and accept the terms of use and privacy policies of such third-party services.

6.7. Supabase and OpenAI are data storage and processing providers located abroad. Prior to transferring User data abroad, explicit consent is obtained pursuant to Article 9 of the KVKK, and the transfer process is conducted in compliance with relevant legislation. The User declares that their personal data will be transferred abroad via these services and that they accept the conditions set out in the Explicit Consent Text.

6.8. The storage and processing of data are conducted in accordance with the Law No. 6698 on the Protection of Personal Data (KVKK) and relevant legislation. By using the Level Test application, the User agrees that their data will be stored, transferred abroad, and processed for the duration and in the manner specified in this clause, the Privacy Policy, the Explicit Consent Declaration, and the KVKK Clarification Text.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. The User agrees and declares that they shall use the contents, audio recordings, test data, assessment reports, and all other materials belonging to the Level Test service provided by the Provider under this Agreement solely for personal use. The User may not share, distribute, copy, reproduce, publish, or use these contents for commercial purposes in any way with any third party. If the User acts in violation of this clause, they are obligated to indemnify any material and moral damages that the Provider may incur.

7.2. All content of the service provided by the Provider, test questions, evaluation algorithms, voice analyses, reports, and other materials are the property of the Provider under Law No. 5846 on Intellectual and Artistic Works, and all copyrights are reserved. The User may not use, share, distribute, copy, or commercially exploit these contents without the written permission of the Provider. The User agrees that in case of breach of this clause, they shall be liable to compensate for any damages the Provider may suffer.

7.3. The User may not publish or distribute any content or material provided under the service on the internet, social media, email, or any digital or physical platform without permission. Otherwise, the User agrees and declares to compensate for all material and moral damages the Provider may incur.

7.4. The User agrees, declares, and undertakes that in the event of acting contrary to this clause, they shall immediately, in cash and in lump sum, compensate the Provider for all direct and indirect damages, losses, costs, and expenses (including attorney fees). The Provider reserves the right to seek legal remedies upon detection of such violations.

7.5. If the User acts in breach of one or more of the intellectual property clauses, the Provider reserves the right to terminate this Agreement immediately.

7.6. The User declares and acknowledges that they have read and understood this clause and the obligations arising from non-compliance, and that they will act accordingly. The Provider may provide additional notices regarding this clause where deemed necessary, and the User undertakes to comply with such notices.

8. AMENDMENTS TO THE TERMS

8.1. The Provider reserves the right to amend these Terms of Use at any time.

8.2. Updates made to the Terms of Use will be announced via our website and will take effect as of their effective date.

8.3. If the User does not accept the updated terms, they have the right to close their account.

9. LIMITATION OF LIABILITY

9.1. The Provider has the right to reorganize, suspend, pause, or temporarily or permanently remove from publication the SITE and any applications—including Level Test—and/or content contained therein at any time. These conditions also apply to other linked internet pages. The Provider shall have no liability to the USER or third parties due to such temporary suspension or complete discontinuation. In the event of permanent termination of the service, users will be informed in advance via email and will have the right to delete their accounts or retrieve their data.

9.2. The Provider reserves the right to unilaterally modify and update these Terms of Use, and all types of information, forms, content, services, products, and campaigns available or to be made available on the SITE and its extensions, at any time or as needed, without prior notice. Changes will be published on the SITE and will become effective from the date of publication. It is the USER's responsibility to regularly follow the "Terms of Use" to remain informed of changes in a timely manner; anyone continuing to use the SITE after changes have been made shall be deemed to have accepted the changes.

9.3. The Provider, institutions with which it cooperates, and the Provider's employees and directors bear no legal or criminal liability for any material or moral damages that may arise from USERS not having read these terms of use or having read them but failed to comply with them.

ACCOUNT TERMINATION

9.1. The User may delete their account at any time.

9.2. The Provider reserves the right to suspend or completely delete a user account in the following circumstances:

Misuse of the service by the user,
Infringement of the rights of others,
Creation of a fake account or provision of false information,
Actions in violation of applicable laws.

9.3. Upon deletion of the User's account by the User or by the Provider, the Provider incurs the obligation to delete or anonymize the User's personal data.

10. DISPUTES AND JURISDICTION

10.1. These Terms of Use are governed by the laws of the Republic of Türkiye.

10.2. The Istanbul Courts and Enforcement Offices shall have jurisdiction over the resolution of any disputes that may arise between the parties.