Subject and Scope of the Contract
Rights and Obligations of the Parties
3.1 The User declares that he / she knows that he / she must approve this Agreement by providing the information requested by the Company in full, correct and up-to-date manner in order to benefit from the Application. If there is any change in the information provided during the establishment of user status, such information will be updated immediately. The Company is not responsible for the inability to access and use the Site or Application due to the fact that this information is missing or inaccurate or is outdated.
3.2 The user declares that he / she has reached the age of 18 and that he / she has the legal capacity to sign this Agreement. If the User is accessing the Site on behalf of a business, the User accepts and declares that he / she has the necessary authorization to do so. In this case, User status, rights and obligations will belong to the enterprise in question.
3.3 The User has the right to establish a single User account and it is forbidden to establish a second account by the User following the suspension or termination of the User account by the Company. The Company reserves the right to refuse to open the User account, without any justification, subject to its own will.
3.4 Access to the Site or Desktop Application by the User will be carried out using the e-mail address and password. The User will be responsible for the protection of the confidentiality and security of this password, and any activity carried out by the use of such information on the Site will be deemed to be performed by the User, and any legal and criminal liability arising from these activities will belong to the User. When the user is aware of the unauthorized use of his password or any other violation of security, he will notify the Company immediately.
3.5 The User agrees and undertakes that he will use the Application or Desktop application only for his activities in accordance with the law and that he will act in compliance with the terms and conditions of this Agreement, the annexes, the applicable legislation and the Application. The User will be able to use the Application and the Site on behalf of the third party, as long as they are authorized to provide services to third parties. In this context, the user shall ensure that such persons also comply with this Agreement and all other provisions applicable to him.
3.6 The User may authorize a third party ("Authorized User") to use the Application at various times. Who will be the Authorized User and the level of authority within the Application will be determined by the User. The User is responsible for the Authorized Users' use of the Application, and will always control the Access of the Authorized Users to the Application, and can change or revoke the Access of the Authorized User to the Application at any time and for no reason. In the event of a conflict between the User and the Authorized User regarding access to the Application, the User shall make the decision regarding the Access and Content of the Authorized User and the level of access.
3.7 The content shared by the user is the property of the user and all responsibility for the content belongs to the user. The Company has the right to use the Content under the license provided by the User under this Agreement. The Company cannot be held responsible for any losses or damages that may be caused by the Content or the Content, and the Company does not have any responsibility regarding the lawfulness, the accuracy of the Content, the payment of invoices, the collection, financial transactions and tax notification. It is the responsibility of the User exclusively to ensure compliance with relevant legislation on financial transactions, taxes and other issues. The User acknowledges that the Company may delete the Content from the Application and its systems based on the requirements arising from the applicable legislation, particularly financial regulations, and that the Company is not responsible for any damages that may occur within this scope, including lost data.
3.8 If the Company or the Application is hosted by third parties, the User will not engage in activities that would endanger the security and integrity of the computer and network systems of these third parties, the Application or the functionality of the Application, the Site or other systems where the services are offered. and not to use or misuse other users who use the Site to prevent or harm them, that the Application will not provide unauthorized access to the computer systems on which it is hosted, or to the computer systems of the Company and third parties. will not transfer or upload any files or illegal Content (including copyrighted or trade secret content and other materials that the User has no right to use), to provide services or to work of the Site. accepts and undertakes that it will not alter, copy, adapt, duplicate, generate source code, or reverse engineering, unless it is absolutely necessary for ordinary use.
3.9 The User acknowledges that his use of the Application may be subject to restrictions, including monthly processing and retention volumes. These restrictions will be specified in the Application.
3.10 The user will keep copies of the Content uploaded to the Application. Although the company complies with the policies and procedures required to prevent data loss, it does not guarantee that the loss of Content will not occur. The company is not responsible for the loss of Content, regardless of how it originated.
3.12 In case of technical problems related to the application, the User will make reasonable efforts to identify and diagnose the problem before contacting the Company. In case of continuing technical support of the user, the necessary support will be provided through the Site, Application or other appropriate channels.
3.13 If the User is provided with communication tools (such as forum, chat tools or message center) on the Site, the User declares and undertakes that he will use these communication tools only for legal purposes. Non-Application materials, including the user, the sale of such communication tools, products and services, e-mails sent without the consent of the other party, files that could damage third parties' software and computer systems, content that is offensive to other users, or any other illegal content. will not use to share. The user undertakes to have the authority to do so in terms of any communication he / she performs on the Site. The Company has no obligation to check that the communications made on the Site are appropriate or that they are for the intended use of the Application. In terms of other web-based communication tools that are accessed through the Application or used in connection with the Application, the User will take care of his obligation to use while using the communication tools provided through the Site. The Company has the right to remove the communication tools provided on the Site at any time at its discretion.
3.14 The Company has the right to revise this Agreement and its annexes without any prior notification. In the event that the User does not accept these changes, the right to terminate this Agreement as follows is reserved.
3.15 The User cannot transfer or assign the User account and the rights and obligations arising from the use of the Site with this Agreement to any third party in any way.
3.16 In the event that the User acts in violation of this Agreement and other terms and conditions within the scope of the Site and his declarations and commitments within this scope, the Company shall have the right to suspend the membership of the User or terminate the User status in this way by terminating the Agreement as specified below. In such a case, the Company reserves the right to claim the damages arising from such contradiction from the User.
Terms of payment
4.1 The User will only be able to benefit from the Application in return for the payment of the fees declared on the Site with the payment conditions and tools declared on the Site.
4.2 The User may use the Application for a period of time to be specified on the Site without charge. At the end of the trial period in question, the Membership of the User will become a paid membership, the type of which will be determined by the level of service, functionality, campaigns or contract period. Fees, payment terms and effective dates of the application will be announced in the relevant sections of the Site. The user will be able to upgrade or downgrade the membership package at his own discretion. Requests related to this will be made at the end of the related membership period unless otherwise required by the Company. Changes to the fee and payment terms regarding the membership package during the User's membership period will not be applied until the end of the User's membership period, new fees and payment terms will be valid with the start of the new membership period. No refund will be made if the membership ends for any reason, including termination of the Agreement during the membership period.
4.3 Unless otherwise requested by the User until 14 (fourteen) days before the end of the period, the membership of the User will be automatically renewed at the end of each period.
4.4 The Company will forward the invoice regarding the usage fees at the beginning of the membership period to the contact address provided by the User. All invoices will include fees for the previous membership period in case of postpay membership, and fees for the next membership period for pre-paid memberships. The user will pay the relevant amount on the invoice within 14 (fourteen) days of the invoice date. The User is responsible for the payment of taxes and duties related to the respective fees.
4.5 The User may store the User's credit card and payment information in order to perform transactions related to membership and payment or bank integration and related updates.
Intellectual Property Rights
5.1 All rights, ownership and benefits of the Site and the Application belong to the Company. Within the scope of this Agreement, the user is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Site and Application. Nothing in the Agreement and other terms related to the Site can be interpreted as the rights and interests of the Site and the Application transferred to the User. The User grants the Company the right to use the User to access, copy, transmit, store and backup the information and the Content for the other purposes of the User's access to the Application, the Application and the provision of services. The Company has the right to sublicense third party developers regarding the Content for the purpose of providing services.
5.2 The User does not have the right to copy, change, duplicate, reverse engineer, compile the Site or the Application in any way and for any reason, to access the source code of the software on the Site, and to create works from the Site. It is strictly forbidden to change the browsers and contents of the Site in any way, and to provide links to or from the Site without the express permission of the Company.
5.3 The User may in any way be affiliated with the Company's (or its affiliated companies) commercial title, brand, service mark, logo, domain name, etc. It will use.
Limitation of Liability
6.1 Application, software and other contents within the scope of the site are provided "AS IS", and the Company has no responsibility or commitment regarding the accuracy, completeness and reliability of the Application, software and content. The User also understands and agrees that the Company has not committed to the relationship between the Content and other User data. The Company does not guarantee that the use of the Application is uninterrupted and error free. Although the Company aims to make the Application accessible and available 24/7, it does not guarantee the operability and accessibility of the systems that provide access to the Application. The User agrees that access to the Application may be blocked or interrupted at various times. The company is not responsible in any way for such interruptions or interruptions.
6.2 The User may submit links to other websites and / or portals, files or content that are not under the control of the Company through the Site, and to support the website or the operator of such links, or any type of warranty or warranty for the website or the information it contains. agrees and declares that the Company is not responsible for portals, websites, files and content, services or products or their content accessed through the links in question.
6.3 The User acknowledges that access to the Applications and Applications offered on the Site and their quality largely depends on the quality of the service provided by the relevant Internet Service Provider and that the Company has no responsibility for the problems arising from the said service quality.
6.4 The user is exclusively responsible for the content he uploads and the use of the site and the Application. The User agrees that he has made the Company since any claims and requests (including trial costs and attorneys' fees) that may be submitted by third parties regarding intellectual property violations, content, Application and use of the Site.
6.5 The Company, to the extent permitted by the law to be applied, any direct, indirect, private, incidental, criminal, resulting from, but not limited to, items such as loss of profit, goodwill and reputation, expenditure on the supply of substitute products and services. will not be responsible for damage. In addition, the Company further declares that it does not provide any express or implied warranties, including, but not limited to, implied warranties, merchantability, fitness for a particular purpose. In any event, the Company's liability under this Agreement will be limited to the amount paid by the user under the services subject to this Agreement until the date of the loss.
Enforcement and Termination of the Contract
7.1 This Agreement will enter into force upon acceptance by the User electronically and will remain in effect unless terminated by either party as set forth below.
7.2 Either party may terminate this Agreement at any time without any reason and without compensation, with a written notification to the e-mail address notified by the other party, 1 (one) week in advance.
7.3 If one of the Parties fails to fulfill its obligations arising from this Agreement in full and in accordance with the written notification to be made by the other party, this Agreement may be terminated by the party making the notification. If the aforementioned violation is realized by the User, the Company will have the right to suspend the User status until the violation is resolved. In the event that the User violates the applicable legislation, the Company may terminate the Agreement for a just reason, to be effective immediately.
7.4 The termination of the Agreement shall not eliminate the rights and obligations of the Parties born until the termination date. Upon the termination of the Agreement, the User is responsible for all fees and expenses born up to that day and will not be able to use the Site and Application as of the termination date. In case of pre-paid membership termination, no refund is made to the User.
7.5 If the User's account is inactive for 3 (three) months, the Company may terminate this Agreement.
7.6 Where the user account is not blocked for legal reasons and the Agreement is terminated, the Company will provide read-only access to the Content for 6 (six) months.
7.7 The Company has the right to keep the Content in its databases, as long as this Agreement is in force. Within 6 (six) months following the termination of the User's membership period or this Agreement, the User may receive the Content free of charge. The Company will be able to charge fees for such requests submitted after the expiration of this period. Relevant fees will be specified within the scope of the Application.
8.1 The invalidity, illegality and applicability of any provision of this Agreement or any statement contained in the contract will not affect the validity and validity of the remaining provisions of the Agreement.
8.2 This Agreement is complete with its annexes. In case of any conflict between the contract and its annexes, the provisions contained in the relevant annexes will prevail.
8.3 It will be contacted via the e-mail that they inform while registering with the user or through general information on the Site. Communication by e-mail replaces written communication. It is the responsibility of the User to keep his e-mail address up to date and to check the Site regularly for information.
8.4 In case of disputes arising from this Agreement and its annexes, Istanbul Central (Çağlayan) Courts and Enforcement Offices will prevail.