Yetkinsoft User Agreement

Article 1 – Parties

This Yetkinsoft User Agreement (“Agreement”) is concluded by and between;

on the one side, Yetkinsoft Yazılım ve Danışmanlık Hizmetleri – Serkan Yetkin (“Yetkinsoft”), which manages the activities of the website www.yetkinsoft.com.tr (“Site”) and provides services through the portal (“Yetkin Portal”) that includes the software modules accessed through the Site; and

on the other side, the user (“User(s)”) who purchases access rights to Yetkin Portal and/or creates a trial membership through the Site.

Article 2 – Subject of the Agreement

The subject of this Agreement is the determination of the terms and conditions of the services provided to the User through the module(s) chosen by the User from the various software modules located within the Yetkin Portal (“Module(s)”) and the data to be uploaded by the User to Yetkin Portal, as well as the rights and obligations of the Parties thereof.

Article 3 – Terms of Use of Yetkin Portal and Rights and Obligations of the Parties

3.1. In exchange for the User paying the fee determined by Yetkinsoft for the selected Modules, Yetkinsoft will begin to allow the User to use the Modules through Yetkin Portal and will share the required username and password with the User. The User will be able to change these passwords thereafter.

3.2. The User undertakes to use Yetkin Portal only within the scope specified in this Agreement and may not lend, allow third parties to use, or benefit from access to Yetkin Portal in any way, whether for a fee or free of charge. Copying, reproducing, or distributing Yetkin Portal beyond the usage rights defined in this Agreement is prohibited. The User is responsible for the safekeeping, protection, security, and confidentiality of the passwords required for the use of Yetkin Portal. The User agrees and undertakes not to give, share, and/or indirectly allow third parties or organizations to use these passwords. The User declares and accepts that Yetkinsoft will not be held liable for any damages that the User and/or third parties may suffer due to the passwords provided falling into the hands of, being used by third parties, or being lost. The User declares and undertakes that they are solely responsible for the transactions and actions on Yetkin Portal, and that they will inform and train all their employees who have access to the Yetkin Portal regarding the security and confidentiality of Yetkin Portal passwords and the terms of use of the Yetkin Portal.

3.3. The User also agrees, declares and undertakes (i) not to engage in any actions or activities that may threaten the security of the Site, Yetkin Portal and other modules in the Yetkin Portal and /or harm Yetkinsoft or other Users; (ii) not to attempt to prevent and/or restrict the operation of the software related to the modules in the Yetkin Portal or the use of the Yetkin Portal by other users; (iii) not to place a disproportionate load on the Yetkin Portal in a way that would produce the aforementioned results ; (iv) not to access the source code of the Yetkin Portal or other Yetkinsoft systems without authorization; (v) not to use software that would hinder the operation of Yetkin Portal; (vi) to use the necessary software, hardware and servers for the proper operation of the Yetkin Portal; (vii) not to conduct reverse engineering studies on tYetkin Portal and related software and not to interfere with them in any other way; (viii) not to attempt to gain access to Yetkinsoft servers.

3.4. The User declares and undertakes that during the term of this Agreement and for a period of 3 years after the termination of this Agreement, it will not compete with Yetkinsoft directly and/or indirectly by providing support to third parties in relation to the service subject to this Agreement, that it will inform its employees about this obligation, and that it will be jointly and severally liable with its employees for any breach of this provision.

3.5. Any information, documents, images, links, or similar data uploaded to or created on Yetkin Portal by the User (“User Data”) is under the responsibility of the User. The User is liable for any damages and losses incurred by Yetkinsoft and/or third parties due to any transactions and actions arising from the User Data. The User acknowledges and undertakes that the User Data is accurate and lawful, and will not cause any infringement of rights. The responsibility for ensuring that the User Data and related actions and transactions comply with the relevant legislation in force, and any legal, administrative, and criminal liability that may arise in connection with the use of the Yetkin Portal, rests solely with the User. In addition to this, if Yetkinsoft determines that the User’s use of the Yetkin Portal is not in compliance with this Agreement and/or relevant legislation, Yetkinsoft will be entitled to restrict the User’s use of the Yetkin Portal and to suspend the use of Yetkinportal until the violation is terminated.

3.6. The User shall not hold Yetkinsoft liable for any damages, losses, or claims that the User or third parties may suffer as a result of the User’s activities on Yetkin Portal and/or actions contrary to this Agreement and the law. All legal, administrative, and criminal liability arising from the use of Yetkin Portal by the User belongs to the User. The User declares and undertakes to hold Yetkinsoft harmless from any and all claims, damages, and claims arising from the User’s actions, and to pay Yetkinsoft the relevant damages upon first demand, should Yetkinsoft incur such a payment obligation.

3.7. The User is the data controller under the Personal Data Protection Law with respect to User Data. As the data controller, the User is exclusively obligated to fulfill the obligations imposed by the Personal Data Protection Law (“KVKK”) and related legislation, primarily the obligation to obtain explicit consent and provide information regarding the processing of personal data falling within the scope of User Data. The User acknowledges, declares, and undertakes that any damages, losses, and claims that Yetkinsoft may suffer due to a breach of this obligation shall be remedied by the User, and that Yetkinsoft shall be exempt from such liability.

3.8. Backing up of the User Data is solely the responsibility of the User; Yetkinsoft’s responsibility is limited to providing the User with the right to use Yetkin Portal and has no responsibility for backing up User Data.

3.9. When the Site is visited, web servers may automatically start collecting information to enable communication between the Site and the visitor’s computer. In addition, Yetkinsoft may collect information such as the number of visits to the Site, the sections of the Site preferred by Users, the pages accessed while on the Site, User IP addresses, domain type, browser type, access date and time, for the purpose of improving and developing the Site and Yetkin Portal, and within the framework of relevant legislation. The User acknowledges and accepts that this information is collected and processed by using the Site and/or Yetkin Portal. The User can find detailed information about their rights regarding the processing of personal data in the Yetkinsoft Information Noice and Yetkinsoft Information Security Policy published on the Site.

3.10. Yetkinsoft reserves the right to make improvements, additions, or subtractions to the Site and/or Yetkin Portal.

3.11. While Yetkinsoft takes necessary measures to protect Site and Yetkin Portal against viruses and malicious software, the User is responsible for ensuring the ultimate security of User Data and for take the necessary precautions and measures to protect against viruses and malicious software and attempts by establishing its own virus protection systems to protect User Data.

3.12. Yetkinsoft is the owner of all intellectual property rights, including but not limited to visuals, designs, texts, logos, and graphics published on the Site and within Yetkin Portal, including all financial, commercial, and moral rights. Granting the User license and/or the right to use Yetkin Portal, etc., cannot be interpreted as restricting Yetkinsoft’s exercise of the aforementioned rights.

3.13. Yetkinsoft may change, update, or cancel the terms of this Agreement by updating the provisions of this Agreement published on the Site and notifying Users via email. If the User does not accept the relevant change, update, or cancellation, Yetkinsoft reserves the right to terminate this Agreement unilaterally and without compensation.

3.14.  The user acknowledges that Yetkinsoft may provide the services covered by this Agreement within the framework of a remote working model, connecting from within Turkey or abroad.

Article 4 – Commercial Communication Permission

The User declares and accepts that Yetkinsoft may send them electronic messages or commercial electronic messages, and that they have given prior permission/consent for the sending of electronic messages through any electronic communication method, whether commercial or not. The user has the right to revoke this permission/consent at any time and to refuse commercial electronic messages. Refusal requests will be processed by Yetkinsoft within a maximum of 3 business days. The refusal methods are indicated in messages where Yetkinsoft is the sender.

Article 5 – Exclusion of Liability

5.1. Yetkinsoft, provides the User with access to the content of Yetkin Portal “as is” and does not undertake of guarantee that Yetkin Portal will meet the User’s all expectations, needs, and/or additional requests. The User also acknowledges and declares that Yetkinsoft does not guarantee that Yetkin Portal is compatible with any device or web browser, that the operation of Yetkin Portal is not free from defects, and that technical malfunctions or access restrictions may occur from time to time, both during updates and improvements, and during normal operation.

5.2. The User acknowledges, declares, and undertakes that Yetkinsoft shall not be held liable for any direct or indirect damages, losses, and third-party claims that may arise in the following cases: (i) damages, losses, and claims that may arise from the User’s incorrect use or non-use of Yetkin Portal and/or breach of its obligations as stated in the Agreement; (ii) malfunctions of all hardware, system software, other software, and network-related functions of the User and any resulting failures; (iii) network, internet connection, and other connection errors; (iv) damages arising from voltage fluctuations, battery and power outages, virus infections, and similar environmental factors; (v) loss and damage that may arise from any changes, updates, and similar works performed by the User on Yetkin Portal.

5.3. The User is solely responsible for the User Data it created on Yetkin Portal, for ensuring that the processes following the creation of the User Data comply with the relevant legislation, and for fulfilling the User’s legal obligations while using the Yetkin Portal. The User declares, accepts, and undertakes that Yetkinsoft has no responsibility in this regard. The User also declares and accepts that Yetkinsoft is harmless from any claims and demands (including court costs and attorney fees) that may be brought by third parties and institutions regarding the User Data, intellectual property infringements related to the User Data, and the use of the Yetkin Portal.

5.4. Yetkinsoft shall not be liable for any direct, indirect, special, incidental, and/or punitive damages, including but not limited to loss of profit, goodwill, and reputation, that may arise from the User’s use of Yetkin Portal. In any case, Yetkinsoft’s liability for any and all damages and losses that may occur to the User under this Agreement shall be limited to twice the monthly fee determined for the purchased Module.

5.5. The User acknowledges and agrees that the quality of the service provided through Yetkin Portal largely depends on the quality of the service obtained from the relevant internet service provider, and that Yetkinsoft shall not be held responsible for any problems arising from the service quality of said internet service provider.

Article 6 – Termination of the Agreement

The User may terminate its use of Yetkin Portal and, if applicable, its Site membership at any time without restriction and without notice. If it is determined on the Site, the steps related to the termination of membership must be followed.

Yetkinsoft is entitled to cancel membership, block usage or terminate the license without any prior notice;

(i) If the User breaches any of its obligations determined in this Agreement,

(ii) In cases where the User does not have the right to use the service due to legal restrictions that its subject to,

(iii) Due to legislation or decisions of administrative regulatory bodies

(iv) In the event that access to the Site and/or the Yetkin Portal revoked due to legal regulations or force majeure,

(v) If at the discretion of Yetkinsoft, the Site and/or Yetkin Portal is suspended, stopped, terminated, etc.,

the event of termination of this Agreement for any reason, any payments made by the User to Yetkinsoft up to the termination date will not be refunded to the User.

6.2. The User may request the delivery of the information and documents uploaded to and/or created on Yetkin Portal, and the related data, within a maximum of 1 (one) month from the termination of this Agreement. Upon this request, Yetkinsoft shall deliver the requested information to the User as soon as possible. If the User does not make any request for the delivery of the aforementioned information and documents and related records within the 1-month period, Yetkinsoft may delete the said information and documents and related records, subject to the provisions regarding retention obligations arising from legislation, and Yetkinsoft shall not be liable in any way for the deletion of said records.

Article 7 – Force Majeure

In all cases deemed as force majeure, neither party shall be held liable for any delay, incomplete performance, or non-performance of any of its obligations under this Agreement. Force majeure shall be interpreted as events beyond the reasonable control of the relevant party, including but not limited to natural disasters (earthquake, volcanic eruption, landslide, tsunami, adverse weather conditions, flood, overflow, fire etc.), riots, war, strikes, lockouts, failures in telecommunications infrastructure and power outages. The obligations of the parties shall be suspended during the force majeure period.

Article 8 – Evidentiary Agreement

In disputes arising from the use of the Site and/or Yetkin Portal, all electronic and commercial records of Yetkinsoft, including its ledgers and communication logs, as well as email, fax, and SMS notifications sent by Yetkinsoft to users, shall constitute conclusive and exclusive evidence.

Article 9 – Language of the Agreement

In the event of any discrepancy between the Turkish and foreign language versions of the Yetkinsoft User Agreement and Site content, the Turkish versions shall prevail.

Article 10 – Notification

Yetkinsoft acknowledges that email or fax notifications sent to the contact information shared by the User with Yetkinsoft when purchasing access to Yetkin Portal and/or creating a trial membership for Yetkin Portal via the Site shall have the same legal effect as valid notifications.

Article 11 – Applicable Law

The laws of the Republic of Turkey shall apply in any dispute arising from the use of the Site and/or Yetkin Portal. Users residing outside the Republic of Turkey and accessing the Site and Yetkin Portal from outside the Republic of Turkey also acknowledge that the laws of the Republic of Turkey shall apply to any disputes arising from the use of the Site and/or Yetkin Portal.

Article 12 – Competent Court

Istanbul (Central) Courts and Enforcement Offices shall have jurisdiction in resolving any disputes that may arise regarding the Site’s terms of use and/or the Yetkin Portal.

Article 13 – Entry into force

User’s completing of the form provided on the Site to begin using Yetkin Portal and/or create a trial membership, and approval of this Agreement in the Site means that the User acknowledges that it read and accepted this Agreement. This Agreement is concluded and entered into force upon the User’s approval of the Agreement on the Site.