Article 1. The Parties
This User Agreement ("Agreement") is concluded between Codenfast Software and the person / users / institution / institutions ("User") registered to the software / services / services ("System") provided by Codenfast Software ("Contractor"). . The Agreement will enter into force upon acceptance by the User in electronic environment; it will remain in force unless it is terminated by the parties in accordance with the procedures set out in the Convention.
Article 2. Subject and Scope of the Contract
Article 3. 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 Contractor in full, correct and up-to-date manner in order to benefit from the System. If there is any change in the information provided during the establishment of user status, such information will be updated immediately. The contractor is not responsible for the inability to access the System or the System and any damages arising from them due to the fact that this information is incomplete or incorrect.
3.2 License of use gives the user the right to use the software, provided that it does not exceed the license period and number of users specified in the sales contract. The user must purchase a new license or an additional user license in order for the system to be available for more than the specified time and more than the specified user.
3.3 The User has the right to establish a single User account and it is prohibited to establish a second account by the User following the suspension or termination of the User account by the Contractor. The Contractor reserves the right to refuse to open the User account, without any justification, subject to its sole discretion.
3.4 Access to the System 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 System 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/her password or any other violation of security, he/she shall notify this to the Contractor immediately.
3.5 The User agrees and undertakes that he/she will use the System only for his/her activities in accordance with the law and that he/she will act in accordance with this Agreement, its annexes, applicable legislation and other terms and conditions foreseen in the System. The User may use the System on behalf of the third party as long as he / she is 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/her.
3.6 The User may authorize a third party ("Authorized User") to use the System at various times. Who will be the Authorized User and the level of authority within the System will be determined by the User. The User is responsible for the Authorized Users' use of the System and will always check the Access of the Authorized Users to the System and may change or revoke the Access of the Authorized User at any time and for any reason. In the event of a conflict between the User and the Authorized User regarding access to the System, the User will make the decision regarding the access and level of access of the Authorized User to the System or Content.
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 Contractor has the right to use the Content under the license provided by the User under this Agreement. The Contractor shall not be held liable for any losses or damages that may be caused by the Content or the Content, and the Contractor shall not be responsible for the lawfulness, the accuracy of the Content, the payment of the 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 Contractor may delete the Content from the System and systems based on the requirements arising from the applicable legislation, especially financial regulations, and the Contractor is not responsible for any damages that may occur within this scope, including lost data.
3.8 If the Contractor or the System is hosted by third parties, the User shall not engage in activities that would endanger the security and integrity of the computer and network systems of these third parties, the functionality of the System, the System or other systems where the services are provided, or the System. It will not allow unauthorized access to the system where the System is hosted, or to unauthorized access to the System's computer systems, devices, to the computer systems on which the System is hosted, or to the System's third parties, and files that may damage their software or illegal content (including any copyrighted or trade secret content and other materials that are not entitled to use by the User), will not be used in the provision of services or in the operation of the System. Lan 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/her use of the System may be subject to restrictions, including monthly processing and retention volumes. These restrictions will be specified in the System.
3.10 The User will keep copies of the Content uploaded to the System. Although the contractor complies with the policies and procedures required to prevent data loss, it does not guarantee that the loss of Content will not be in question. The contractor is not responsible for the loss of Content, regardless of how it came about.
3.11 The Contractor shall store and use the information and data shared by the User within the scope of the "Confidentiality Agreement" in addition to this Agreement. The User agrees that the Contractor may share the information contained in the User with the relevant authorities in case of a request from the authorities according to the legislation in force. Apart from this, information regarding the User and the transactions performed by the User over the System may be used for the security of the User, fulfilling the obligations of the Contractor and some statistical evaluations. The contractor also has the right to share the Content with other users to provide requested services such as sending invoices, sharing payment information. If the user wishes to use the Content of other users, he / she will obtain the approval of the relevant users and use the Content in the scope of the approval given by the other user. This information can also be classified and stored on a database, and anonymity of such data for the period required by the Contractor, the User's relevant usage and transaction information for performance evaluations, the Contractor's and business partners' marketing campaigns, annual reports and similar transactions. will be able to use it after it is made. User Content and other information Contractor agrees or by third parties in Turkey or abroad can be stored in data centers.
3.12 In the event of technical problems regarding the System, the User will make reasonable efforts to identify and diagnose the problem before contacting the Contractor. If the technical support requirement of the user continues, the necessary support will be provided through the System, the System or other appropriate channels.
3.13 In the event that the User is provided with communication tools (such as forum, chat tools or message center) through the System, the User declares and undertakes that he will use these communication tools only for lawful purposes. Materials other than the System's purpose, including the sale of products and services, e-mails sent without the consent of the other party, files that may damage third parties' software and computer systems, or any content that is unlawful, including any 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 over the System. The Contractor has no obligation to check the conformity of the communications made through the System or whether they are for the purposes of the System. In terms of other web-based communication tools accessed through the System or used in connection with the System, the User will take care of his obligation to use while using the communication tools provided through the System. The Contractor has the right to remove the communication tools provided through the System at any time at his own discretion.
3.14 The Contractor has the right to revise this Agreement and its annexes without any prior notification, and if this right is exercised, the relevant change will take effect by the User with the next use of the System. The User reserves the right to terminate this Agreement in the following manner, if the User does not accept such changes.
3.15 The User may not transfer or assign the User account and the rights and obligations arising from the use of the System 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 covered by the System and his declarations and commitments in this context, the Contractor 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 right of the Contractor to claim the damages arising from such violation from the User is reserved.
Article 4. Terms of Payment
4.1 The User can only benefit from the System by paying the fees declared in the System in full and in full with the payment conditions and tools declared in the System.
4.2 The User may use the System free of charge for the period specified in the System. 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 system will be announced in the relevant sections of the System. 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 relevant membership period unless otherwise foreseen by the Contractor. Changes to the fee and payment terms for 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 effective upon the start of the new membership period. No refunds will be given if the membership expires for any reason, including termination of the Agreement during the membership period.
4.3 Unless otherwise requested by the User up to 14 (fourteen) days before the end of the period, any non-paid services in the User's membership will be closed at the end of each period.
4.4 The Contractor shall 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 post-paid 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.
Article 5. Intellectual Property Rights
5.1 System and all kinds of rights, ownership and benefits on the System belong to the Contractor. Within the scope of this Agreement, the user is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the System and the System. Nothing in the Agreement and any other terms relating to the System can be interpreted as transferring the rights and interests of the System and the System to the User. The User grants the Contractor the right to use the User to access, copy, transmit, store and backup the Information and the Content for the other purposes for accessing the System, using the System and providing services. The contractor has the right to sublicense third party developers regarding the Content for the purpose of providing services.
5.2 The User is not entitled to copy, change, duplicate, reverse engineer, compile and otherwise access the source code of the software on the System, or create works from the System for any reason and for any reason. It is strictly forbidden to change the browser and contents related to the System in any way and to provide a link to or from the System without the express written consent of the Contractor.
5.3 The User shall in any way undertake the commercial title, brand, service mark, logo, domain name, etc. of the Contractor (or its affiliates). It will use.
Article 6. Limitation of Liability
6.1 The System, software and other contents within the scope of the System are provided "AS IS", and the Contractor does not have any responsibility or commitment regarding the accuracy, completeness and reliability of the System, software and content. The User also understands and acknowledges that the Contractor is also not committed to the relationship between the Content and other User data. The Contractor does not guarantee that the use of the System is uninterrupted and error free. While the Contractor aims to make the System accessible and available 24/7, it does not guarantee the operability and accessibility of the systems that provide access to the System. The User acknowledges that access to the System may be blocked or interrupted at various times. The contractor is not responsible in any way for such blocking 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 Contractor through the System, and any kind of declaration or warranty in order to support the website or the operator of such links or for the website or the information it contains. agrees and declares that the Contractor is not responsible for the portals, websites, files and content, services or products or their content accessed through the links in question.
6.3 The User acknowledges that the access to and quality of the Systems offered through the System is largely based on the quality of the service provided by the relevant Internet Service Provider and that the Contractor is not responsible for the problems arising from that quality of service.
6.4 The user is exclusively responsible for the content he uploads and the use of the site and the System. The User agrees that he has made the Contractor since any allegations and claims (including trial costs and attorneys fees) that may be submitted by third parties regarding intellectual property violations, content, use of the System.
6.5 To the extent permitted by the applicable law, the Contractor does not have any direct, indirect, special, incidental, criminal penalties resulting from the use of the System, including but not limited to profit loss, goodwill and reputation, expenditure on the supply of substitute products and services. will not be responsible for damage. In addition, the Supplier also declares that it does not provide any express or implied warranties, including, but not limited to, the implied warranty, merchantability, fitness for a particular purpose. The Contractor's liability under this Agreement shall in any event be limited to the amount paid by the user under the services subject to this Agreement until the date of the relevant loss.
6.6 It is in no way liable for any material, moral, legal and financial consequences, gains or losses that may arise due to the misuse of the System or its illegal use or illegal use.
6.6 System, hardware or operating system malfunction, database software whose copyrights do not belong to the System, even if provided by the System, communication design and connection errors, electrical problems, virus infections and similar environmental factors, other programs and user errors. and cannot be held responsible for software errors
6.7 The user is responsible for the computers and peripherals to install and use the software for which he has obtained the license to use the minimum technical specifications specified in the software documentation. The User declares, accepts and undertakes that the System has no material and legal responsibilities regarding software-hardware and / or outdated system incompatibility, and that the Contractor's liability limit is limited to the use license for software products subject to the contract.
6.8 The parties agree that the Contractor only grants the User a "use license" on the software subject to this contract, any loss that may occur due to the User's productivity, loss of business, income and / or profit, localization of the software, use of the software and data, or They have declared, accepted and undertaken in advance that the Contractor shall not be liable to compensate them for any loss (contractual / unfair act-related losses) as the Contractor has no responsibility. The verbal and written declaration of any company employee, letter, fax text, service form and similar correspondence will not be considered as a special commitment between the parties without an additional written contract signed by authorized persons.
6.9 The contractor reserves the right to change services. It does not guarantee that the services provided free of charge in this direction will be provided forever. In unannounced changes, the user may receive the Content 2 (two) times in the format allocated by the Contractor within 6 (six) months from the date of the change by the users. It is the responsibility of the User to take precautionary measures in advance of any changes that are announced.
6.10 Content uploaded by the User to the system; violating the law may prevent the use of the service or related content even if it is paid. Accepts the damages arising from the user in advance
6.11 The contractor reserves the right to change the contract.
Article 7. Version / Version Change and Maintenance / Support
7.1 The contractor has the right to make changes in his software and written documents and to release new versions and versions of the software products without prior notice. CUSTOMER can obtain this new version or version and new written document only by purchasing a new license by paying the "upgrade to the new version / version" to be specified in the price lists or within the framework of "ANNUAL MAINTENANCE AND SUPPORT AGREEMENT".
7.2 The current version or version of a new version or software released is supported for 6 (six) months from the release date of the new version or version. However, changes in legislation and corrections and innovations related to the operation of the program are not applied to older versions and versions. After three years, the old version or version is removed from production. Program CD ROMs, documentation, and support service for production versions and versions cannot be obtained from the Contractor. The contractor does not under any circumstances and shape undertake that the newly released version or versions will work with CUSTOMER's existing hardware and operating system.
7.3 It is not the Contractor's duty and responsibility to provide support service for the operating system, database and communication network software on which the contractor software products are working and to solve the problems caused by them.
Article 8. Enforcement and Termination of the Contract
8.1 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.
8.2 Either party may terminate this Agreement at any time with a written notification to the e-mail address notified by the other party at any time, without any reason and without compensation.
8.3 If one of the Parties fails to fulfill its obligations arising from this Agreement in full and as required and despite the written notification to be made by the other party, this Agreement may be terminated by the party making the notification. In case the said violation is realized by the User, the Contractor shall have the right to suspend the User status until the violation is eliminated. In the event that the user violates the applicable legislation, the Contractor may terminate the Contract for good reason, to be effective immediately.
8.4 The termination of the Agreement shall not eliminate the rights and obligations of the Parties born until the termination date. Upon termination of the Agreement, the User is responsible for all fees and expenses incurred up to that day and will not be able to use the System and the System as of the date of termination. In case the prepaid memberships are terminated, no refund will be made to the User.
8.5 If the User's account is inactive for 3 (three) months, the Contractor may terminate this Agreement.
8.6 Where the user account is not blocked for legal reasons and the Agreement is terminated, the Contractor shall provide read-only access to the Content for 6 (six) months.
8.7 The Contractor has the right to keep the Content in his 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 2 (two) times in the format allocated by the Contractor. The contractor will be able to request a fee for such requests submitted after the expiration of this period, and in different format and / or free of charge. Relevant fees will be specified under the System. The System reserves the right to delete (irreversibly) data from the System database after the User's membership period or the 9th month following the expiration of this Agreement.
Article 9. Miscellaneous
9.1 The invalidity, illegalness 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.
9.2 This Agreement is complete with its annexes. In case of any conflict between the contract and its annexes, the provisions in the respective annexes will prevail.
9.3 The user will be contacted via the e-mail they reported while registering or through general information in the System. 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 System regularly for information.
9.4 Istanbul Center (Çağlayan) Courts and Enforcement Offices shall apply in disputes arising from this Agreement and its annexes.