ARTICLE 1. THE PARTIES
This agreement is AKIN Yazilim Bilgisayar İthalat İhracat Sanayi ve Ticaret Ltd. Sti. (AKINSOFT) and the real person or legal person registered as user (User) to use cloud-based software (Software) on the website (WebSite) under subdomain on www.akinsoft.com.tr.
ARTICLE 2. THE SUBJECT OF THE CONTRACT
The use of the Software, which is accessed by the User on the WebSite and whose purpose and features are specified on the WebSite, to determine the conditions and the rights and obligations of the parties regarding such information and documents to be uploaded by the User.
ARTICLE 3. RIGHTS AND LIABILITIES OF THE PARTIES
3.1. The user accepts and undertakes that he / she will act in accordance with this agreement and the rules and regulations in force on the WebSite while benefiting from the services to be received under this agreement.
3.2. The User agrees the information that entered while registering on the WebSite to use the Software is correct and complete. Damages that may occur due to the missing or incorrect of this information; It is responsible to AKINSOFT, other users, third parties and competent authorities. It acknowledges that AKINSOFT may block access to the Software due to the inaccuracy or lack of user information.
3.3. AKINSOFT will activate the Software usage for the User after the payment of the Software and the acceptance of this agreement within the scope of the package published on the WebSite.
3.4. In order for the features of the package used during the Free Trial period to be used when the payment and the purchase are made, the package with the same feature must be purchased. Otherwise, the content entered during the trial period will not be transferred.To prevent this, it is the User's responsibility to take their content to another environment and protect it before the trial period ends.
3.5. The user will log into the website with an e-mail and password defined to him in order to use the software.The user is responsible for the security of this information (e-mail, password). The right to use this information is solely with the user. He / She can't give it to another person or organization. AKINSOFT has no direct or indirect liability to the user, third parties or authorized authorities for all damages arising from failure to fulfill this responsibility.
3.6. When you suspect the security of your access to the website, it is the responsibility of AKINSOFT to change your access to the website and to forward new information to the user after the security doubt e-mail from the user.
3.7. The user may authorize person or persons (sub-users) to use the software according to the specification of the package.It is under the user's control and authority to determine which sub-users and when to use the software. Sub-users also agree in advance that the website and the business will comply with the terms and conditions set forth in this agreement.You acknowledge and agree that the user is responsible for any damages that may occur otherwise, and that AKINSOFT, third parties, other users and authorized authorities are responsible for any damages that may arise, and that you will pay the damages in cash and once.
3.8. The user shall not transfer the rights and obligations under this agreement in whole or in part to third parties or entities.
3.9. AKINSOFT undertakes that the content created by the user will be stored by itself or by third parties in data centers located in Turkey or another country.
3.10. The user is responsible for entering the content into the software in accordance with the law, and for creating it in accordance with the laws and all regulations and regulations that are or will be based on these laws. He / She accepts and undertakes that he / she will pay all losses AKINSOFT will suffer due to failure to fulfill this responsibility, in cash and once.
3.11. AKINSOFT may delete content that is incompatible with the scope of applicable law, legislation, regulation. It may prevent the user from accessing the website and the software. The user agrees that AKINSOFT is not responsible for any damages that may occur in this case.
3.12. Messages, texts, images, comments, etc. posted by the user in the software or on the website They are the user's own personal ideas. The responsibility arising from the results of these belongs to the User.
3.13. AKINSOFT is not liable for any direct or indirect punitive damages resulting from the use of the software.
3.14. Due to an uncontrollable situation by AKINSOFT that will result from the server (internet infrastructure stoppages, Regional long-term power outages, etc.) AKINSOFT is not responsible for failure to use or access the software.
3.15. AKINSOFT agrees to take care to prevent the loss of the content entered into the software and to perform the necessary actions on the computer systems on which the software will run. It makes no commitment that there will be no loss of content.
3.16. The user is obliged to keep copies of the contents entered into the software.
3.17. AKINSOFT will show the necessary sensitivity regarding the security of servers. The user is also responsible for complying with the security system established by AKINSOFT and protecting privacy. He / She agrees that he / she will not upload files or illegal content that will damage AKINSOFT, other users and third parties ' software or devices to the computer systems on which the software runs. Despite the measures AKINSOFT has taken or recommended to be taken, if the user does not pay due attention and causes partial or total damage to his / her contents, the User is exclusively responsible for this.If the user does not pay sufficient attention or neglect, his / her responsibility includes compensation for damages to AKINSOFT and third parties, along with his / her own software.
3.18. AKINSOFT takes the utmost care to perform the functions of the software in the best way. AKINSOFT makes no claim or commitment that this software is flawless and error-free, nor that it will fully meet the specific needs of the user. AKINSOFT is not responsible for any material, moral, legal and financial consequences, gain or loss that may arise due to the use of the software correctly or improperly, or from the use of the software in illegal or illegal activities. AKINSOFT's liability under this agreement shall be limited to the amount paid (covers 1 year) until the time of the loss.
3.19. The User agrees that he / she has the necessary legal capacity to sign this agreement or if it accesses the Software and WebSite on behalf of a business, it has the necessary authority.The rights and obligations of the user status shall belong to the said business.
3.20. The User may use the Software during the contract validity period to provide services to third parties.The user shall ensure that the persons in this scope also act in accordance with the rules on this agreement clause, WebSite and Software.
3.21. The user agrees that his / her use of the software may be subject to restrictions (including transaction and storage volumes). Related restrictions are published on the software.
ARTICLE 4. PAYMENT AND CONDITIONS
4.1. The user must pay the fee completely with the specified payment tool within the framework of the payment terms to be published on the WebSite or in the relevant sections of the Software.Fees are charged according to the services provided in the package, not charged usage rate of the software.
4.2. The user's invoice will be sent to the user in accordance with the information entered during the User Registration.
4.3. The payment of the agreement taxes and fees belongs to the user.
4.4. AKINSOFT may store the user's credit card and payment information to perform payment updates.
4.5. If the user wants to reduce / decrease the content of the software package, at the end of the payment period, he / she can change the package at the current prices. It will not be possible to reduce / decrease the package content until the time expires.
4.6. If the user wishes to increase / upgrade the content of the Software packages, he / she can pay the difference fee before the time expires. Difference fee will be calculated based on the usage period of the Software package.
4.7. The user can upgrade the module up to 15 days before the agreement end date. The module cannot be upgraded in the last 15 days.
4.8. The user cannot cancel payment obligations. Even if the agreement has been terminated or cancelled for any reason, the fee paid will not be refunded. No termination removes the obligation to pay the fee that must be paid to AKINSOFT for the period prior to the date of termination.
4.9. In the agreements to be renewed, the software usage fee is published on the site or in the relevant section on the software. The user may not make any claim with the bet since the user is not subsequently able to access this information or is not aware of it.
4.10. Within 3 (three) months from the agreement end date, the user can only access the fee payment panel.
ARTICLE 6. DURATION AND TERMINATION OF THE AGREEMENT
6.1. This agreement come into force with acceptance of the electronic environment and payment of the software fee and continues unless one of the parties terminates. The parties may send notice (signed/stamped) to their e-mail addresses one (1) week before the software expires and terminate without justification.
6.2. If one of the parties violates this agreement, the other party shall be warned in writing (by e-mail) and requested to resolve this defect within 7 days.If not resolved, the party who maked the notification may terminate the contract.If the violation is made by the user and the violation is not eliminated despite the written warning, AKINSOFT may suspend this agreement and prevent the user from accessing and using the software. Accordingly, the user cannot mention wrongful termination.
6.3. AKINSOFT will store User Contents on computer systems for 3 (three) months after the agreement expires. In this period, the user can receive the content from AKINSOFT. At the end of these 3 months, the contents will be deleted irrevocably. The user cannot claim any rights in this case.
ARTICLE 7. OTHER PROVISIONS
7.1. AKINSOFT shall be authorized to explain that the User is the AKINSOFT's user and customer without any limitation or prior consent of the User. The User accepts that the company name and logo can be used in promotional and advertising works.
7.2. The user can not use the brands, images, logos, commercial titles etc. belonging to AKINSOFT and its Group of Companies without the written consent / approval of AKINSOFT.
7.3. All rights of the software (software codes, rights of sale, rental right, etc.) belong to AKINSOFT. AKINSOFT supplies the user exclusive, non-exclusive, royalty-free and non-transferable license to use the site and the software.
7.4. The user gives AKINSOFT the rights to store, copy and use the content in order to fulfill its obligations in this agreement.
7.5. The copyrights of the software and documentation are protected by the provisions of the Law No. 5846 on Intellectual and Artistic Works and the Turkish Criminal Code.The user may not copy, reproduce, disseminate, transmit or reverse engineer the software or the site. Or he cannot mediate all this. Otherwise, all legal rights of AKINSOFT are reserved.
7.6. AKINSOFT will be able to examine and track the user's movements, usage statistics and usage habits within the website and software to be served, without using personal data for development purposes only, without sharing with third parties and institutions.
7.7. The parties will communicate with the e-mail address entered while registering the user. All correspondence, information about the WebSite and the software will be sent to this e-mail address. It is the user's responsibility that the e-mail address is not up to date. The user is liable to AKINSOFT, Users, third parties and authorized authorities for any damages arising from not fulfilling this responsibility.
7.8. Konya Courts and Enforcement Offices are authorized to resolve disputes arising from the agreement.