User (Service Provider) Agreement
1. Introduction
1.1. This User Agreement ("Agreement") is made between Healtius Teknoloji Anonim Şirketi, registered with the Ankara Trade Registry and residing at Üniversiteler Mah. 1596 Cad. 6. AR-GE C Blok Bina No:6C Office No:11 06800 Ankara/Türkiye ("Company"), and the Service Provider defined below. It regulates the terms and details related to the use of the Healtius platform by the Service Provider (Institution/Organization/Doctor), including services and other facilities offered through platforms such as web and mobile applications determined by the Company.
2. Definitions
2.1. Unless otherwise stated, the following terms in this Agreement shall be understood as defined below:
Service Requester: Individuals who have agreed with the Service Provider for a particular service and whose consultation request has been approved by the Service Provider.
Service Provider: Individuals who, in accordance with the User Agreement on the Healtius platform, have completed the membership procedures under the Service Provider Agreement and started using the application with the intention of offering services.
Request: A demand created for healthcare services provided by service providers on the Healtius platform.
Offer: Offers made by Service Providers in response to requests created by users on the Healtius platform.
Institution / Organization / Doctor: Refers to an Institution, Organization, Doctor, or Physician defined on the Healtius platform who will present offers to users and conduct online consultations.
Online Payment System: The system within the Healtius platform, integrated with third-party software, that facilitates the collection of fees set by the relevant healthcare institution or organization.
Online Consultation Service: The online appointment service received either through the Healtius platform or by redirection from the related healthcare institution or organization.
Application: Refers to the Healtius web and mobile application.
Content Provider: Natural or legal persons who produce, modify, and provide any kind of information or data offered on the internet, as defined by the Internet Law.
Internet Law: Refers to Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through Such Publications.
User: Individuals who use the Healtius platform in various capacities such as members and/or service requesters.
Working Hours: The time period between 09:00 and 17:00 on Monday, Tuesday, Wednesday, Thursday, and Friday.
Platform: Refers to the Healtius web and mobile application.
Member: Individuals who fill out the membership form via the Healtius platform, create an account after completing the necessary procedures, receive offers from Service Providers, and submit consultation requests.
Hosting Provider: Real or legal persons who provide or operate systems that host services and content, as defined by the Internet Law.
3. Purpose
3.1. The purpose of this Agreement is to regulate the mutual rights and obligations of the parties concerning the services offered through the Healtius platform, managed by Healtius Teknoloji Anonim Şirketi, including the creation of service requests and offers between members and Service Providers and the facilitation of online communication.
3.2. The Healtius platform:
Enables the Service Provider to log into their account, create a profile for the healthcare services they provide, make offers to requests, and communicate with users by scheduling appointments;
Enables the Service Requester to receive offers related to a healthcare service based on their request, evaluate the offers, initiate communication, access advisory and indicative treatment price information published by doctors (which are not considered medical diagnoses or treatments), and conduct audio and/or video consultations in exchange for a fee determined by the relevant healthcare institution, organization, or physician.
4. General Terms
4.1. This Agreement applies to the Service Provider as defined above.
4.2. This Agreement becomes effective as of the moment the Service Provider registers on the Healtius platform. Service Providers must read this Agreement before performing any action on the platform.
4.3. If the Service Provider does not accept all or part of the conditions stipulated in this Agreement, they may not perform any actions on the Healtius platform as a Service Provider. By performing any action on the platform, the Service Provider is deemed to have read, accepted, and approved the conditions outlined in this Agreement.
4.4. Any changes, updates, or modifications made by the Company on the platform are within the scope of this Agreement. By approving this Agreement, the Service Provider acknowledges that such changes fall under the discretion of Healtius Teknoloji Anonim Şirketi. For changes that may adversely affect the Service Provider, separate approval will be obtained.
4.5. If any amendment is made to this Agreement, the updated version will be published in the application and on the website at www.healtius.com. If the Service Provider does not accept the revised version, their access to the application will be immediately terminated, and personal data will be destroyed in accordance with applicable legislation and regulatory guidance on scheduled data deletion.
5. SERVICE PROVIDER RIGHTS AND OBLIGATIONS
5.1. The Service Provider declares, acknowledges, and undertakes that the personal information provided during registration on the Healtius platform is accurate, that their contact information (such as phone number and email address) is current, that Service Requesters may contact them through the application using this information, and that Healtius Teknoloji Anonim Şirketi is not responsible for any failure to complete appointments arising from missing or incorrect information.
5.2. The Service Provider is solely responsible for the accuracy and validity of the information they provide during the account and CV creation stages.
5.3. The Service Provider declares, acknowledges, and undertakes that the data provided for profile creation—such as name, surname, specialty, alma mater, areas of expertise, and language skills—are made public in accordance with the Personal Data Protection Law and related legislation.
5.4. Within the scope of this Agreement, the Service Provider agrees not to reproduce, distribute, or copy any content on the application that would infringe on the rights of the Company or any third party.
5.5. The Service Provider declares and undertakes that a single real person must not create multiple accounts on the Healtius platform, that they must not use another person's account, that they may not transfer rights and obligations arising from this Agreement to third parties, and that they must not share account credentials with others.
5.6. The Service Provider declares and undertakes that the Profile and Professional Experience information they submit is their own and has been provided in accordance with all applicable legal regulations and secondary legislation governing the medical profession ("Medical Ethics Rules").
5.7. The Service Provider accepts that any comments or feedback related to their services submitted through the Healtius platform belong to the users, are not binding on the Company in any way, and that the Company bears no responsibility for any damage resulting from such comments or opinions. The Service Provider acknowledges that such comments may be shared with other users via the application and that the moderation or deletion of such comments is solely at the discretion of Healtius Teknoloji Anonim Şirketi.
5.8. The Service Provider declares and undertakes that under no circumstances will they engage in malicious activity that could impair the integrity or performance of the Healtius platform.
5.9. The Service Provider is obligated to monitor and respond to requests made by Service Requesters in line with the appointment schedule published on the platform. If for any reason the Service Provider cannot fulfill a Request or conduct an Online Consultation, they must notify both the user and the Company. Abuse of this flexibility may result in a warning, and eventually, account cancellation.
5.10. The Service Provider agrees not to share their username and password with anyone and acknowledges that all actions performed using these credentials will be considered their own.
5.11. The Online Consultation is managed at the discretion of the Service Provider during the appointment. The Service Provider is responsible for reporting any technical issues that occur during the session to the Company.
5.12. The Service Provider acknowledges that Healtius Teknoloji Anonim Şirketi is not obligated to monitor the content of Online Consultations conducted through the application, nor can it interfere with the users involved. The Online Consultation and Online Health Tests in the application are not intended for medical diagnosis or treatment and are classified as pre-consultation or advisory services. Any recommendations or suggested treatments do not constitute a medical guarantee, and statements made by the Service Provider in this regard are not binding on the Company. In emergencies, the Service Requester should be directed to the nearest healthcare provider.
5.13. The Service Provider agrees to attend consultations on time, ensure suitable conditions including a quiet environment with no third parties present, and maintain patient-doctor confidentiality.
5.14. The Service Provider acknowledges that the Online Consultation is end-to-end encrypted for the protection of personal data and that video calls are not recorded by the Healtius platform. Messages and documents shared via the chat feature will be stored on Company servers and may be shared with the requester.
5.15. The Service Provider agrees to conduct Online Consultations in accordance with medical ethics, in good faith, and with integrity. They also agree not to promote themselves, use misleading or panic-inducing language, benefit from intermediaries, disclose confidential patient information, record consultations (except for necessary basic data), or issue prescriptions. In cases where treatment is necessary, the user should be referred to a healthcare provider anonymously. The Service Provider is responsible for any consequences otherwise.
5.16. The Service Provider agrees not to engage in immoral, threatening, or insulting behavior toward the Service Requester. While legal action may be taken by the user, Healtius does not store conversation recordings, and therefore is not responsible for proving such claims.
5.17. If the Service Requester wishes to cancel the consultation for valid reasons, they must notify the institution/organization/doctor providing the Online Consultation. Whether the reason is valid is subject to approval by the provider. If accepted, a new appointment may be scheduled based on availability. The Service Provider acknowledges that scheduling is at the sole discretion of the provider.
5.18. The Service Requester may cancel an appointment free of charge up to 48 hours before the scheduled time. Cancellations made within 48 hours of the appointment will incur a 25% deduction. The Company will deduct its commission and forward the remaining balance to the Service Provider. If no notice is given before the consultation, clause 5.19 will apply.
5.19. If a consultation request is rejected or ignored without a valid reason, the Service Provider will still be entitled to the consultation fee.
5.20. The Service Provider accepts the obligation to pay the commission determined by the Company. The amount owed will be deducted from the revenue generated within the platform based on a percentage to be set by the Company. If an offline contract exists, separate terms may apply. The Service Provider is responsible for invoicing the Company.
5.21. The Service Provider acknowledges that the Company reserves the right to modify or discontinue any services or content within the application at any time.
5.22. This Agreement may be terminated at any time by the Service Provider after deactivating their appointment calendar and fulfilling any previously scheduled appointments. Upon notifying the Company of account deletion, the Company will respond within one to three days. During this time, the Service Provider agrees to close their appointment calendar.
6. Company Rights and Obligations
6.1. Healtius Teknoloji Anonim Şirketi shall make every effort to ensure that the services provided through the Healtius platform are timely, secure, and free from technical disruptions, and that the quality of services meets user expectations. However, the Company makes no guarantees or commitments regarding these aspects.
6.2. The Company agrees to fulfill its obligations under the Internet Law and the Personal Data Protection Law.
6.3. The Company reserves the right to review the information and documents related to Service Provider applications and may reject the application or remove an existing profile from the platform.
6.4. Additional services offered within the application (such as Q&A, health tests, etc.) are supplementary and do not constitute the core of this Agreement. The Company reserves all rights regarding such services and may modify or discontinue them at any time.
6.5. The Company is obliged to transfer the service fee earned by the Service Provider—after deducting the commission—to the bank account provided by the Service Provider, on two occasions each month: the first 15 days and the last 15 days, depending on the date the revenue was collected.
6.6. Prior to transferring the payment, the Company reserves the right to request an invoice or expense voucher from the Service Provider and may withhold the payment until the requested documents are submitted.
6.7. The Company is obliged to publish the information that has been made public by the Service Provider on the Application.
6.8. The Company shall make every effort to enable the Service Provider to use the application features, view the appointment calendar, and conduct Online Consultations smoothly and securely.
6.9. The Company is responsible for providing the technical infrastructure required for the exchange of requests and offers between the Service Requester and the Service Provider, as well as for conducting Online Consultations. In the event of a disruption, the Company will make every effort to resolve the issue as quickly as possible. Healtius Platform is not responsible for any medical procedures performed by the Institution/Organization/Doctor after the consultation.
6.10. The Company shall not process or store any data related to the communication between the Service Requester and the Service Provider.
6.11. The Company may temporarily suspend or completely shut down the application for technical maintenance, repairs, and updates at any time.
6.12. The Company has the authority to make decisions regarding the operation of the application and reserves all such rights.
6.13. If the Service Provider uses the services beyond the legal boundaries or breaches this Agreement, the Company has the right to unilaterally terminate the Service Provider's access to the application and their membership.
6.14. The Company reserves the right to transfer, assign, or delegate any of its rights, powers, debts, or obligations under this Agreement to third persons and/or institutions or organizations, in whole or in part, by notifying the Service Provider.
6.15. The Company is authorized to disclose any information that is lawfully requested by official authorities.
7. Disclaimer of Liability
7.1. The Company cannot be involved in any communication between the Service Requester and the Service Provider and will not be held responsible for any problems or damages that may arise from such interactions. Within the scope of such communication, the Company acts solely as a hosting provider. Accordingly, the Company is not responsible for monitoring the content of the Request-Offer Service, the Online Consultation Service, messages, or comments. The Company is only obliged to take necessary action in accordance with applicable laws upon receiving a formal notification.
7.2. The Company is not responsible for any damages resulting from the sharing or unauthorized access of login information with/by third parties. It is assumed that any login using the designated username and password was performed by the actual Service Provider.
7.3. The Company shall not be held directly or indirectly liable for any damages arising from the transfer or use of accounts by third parties by the Service Provider, User, or Service Requester.
7.4. In the event that any audio/video recordings or other data are captured during communications between the Service Provider and the Service Requester and subsequently shared or disclosed, the responsibility lies solely with the capturing/disclosing party, and the Company shall not be held liable.
7.5. The Company shall not be held liable—either directly or indirectly—for any damages or legal consequences resulting from the Service Provider's violations of Medical Ethics Rules, advertising bans, prohibitions on diagnosis and treatment, or similar professional regulations.
7.6. The Company and the Service Provider shall not be liable for any delay or failure in fulfilling their responsibilities under this Agreement due to force majeure events.
7.7. The Company does not guarantee the accuracy or usefulness of the statements made by Service Providers within the application. The Company shall not be liable for any false, incorrect, or misleading statements made by the Service Provider.
8. Miscellaneous Provisions
8.1. The clause headings in this Agreement are for reference purposes only and shall not affect the interpretation or understanding of the Agreement.
8.2. The Service Provider may contact the Company regarding any questions or notifications related to this Agreement by sending an email to info@healtius.com.
8.3. The invalidity, illegality, or unenforceability of any provision or expression in this Agreement shall not affect the validity or enforceability of the remaining provisions.
8.4. If the Service Provider approves this Agreement and completes the registration as a Service Provider (Institution/Organization/Doctor), or if they initiate transactions related to a previously created account after approving this Agreement, it shall be deemed that they have read, understood, accepted, and approved all the provisions of this Agreement. This Agreement shall be considered executed and in force upon the Service Provider's approval of the text.
8.5. This Agreement shall remain in effect until the Service Provider's account is cancelled by either the Company or the Service Provider.