These terms and conditions ("Terms") are owned by Ekin Tanulku-Softbits (hereinafter, "Softbits" for short). regulates the terms of use regarding the use of the Datago Application (hereinafter referred to as the "Application") and the services offered through the Application. By starting to use the Application, Users declare that they have read and understood these Terms and that they agree to be bound by these Terms. If these Terms are not accepted by the User, the User will not be allowed to use the Application.
CONDITIONS FOR CREATING ACCOUNT
Each User is obliged to provide a valid email address and other requested information in full in order to complete the registration process and enter an App . The terms and conditions regarding the use of the application without any subscription fee will be determined by Softbits, and the terms and conditions regarding limited use may be changed by Softbits at any time without prior notice to the User.
CONTENTS
Softbits' any list, menu created through the App; or any right or liability in the form or other materials (“Content”) other than as set forth in these Terms;
AUTO RENEW
Paid accounts to be created by the User through the Application are called the subscription system. In accordance with the subscription package that the User will choose from the Application downloaded from the Apple App Store or Google Play Store, the subscription in question will be pre-billed at regular intervals until canceled by the User. The user can also use You can unsubscribe by sending an email to Softbits. In such a case, the membership will be automatically canceled at the end of the month when the membership is cancelled, and the User will not be refunded under any circumstances.
PAYMENTS
All fees will be charged on the credit card information that the User has provided at the time of creating Apple ID or Google Play ID before. The user declares that the credit card information he has provided is correct and that he has accepted the terms of service and privacy policy of the payment operator. All kinds of fees set by official institutions; taxes, duties and charges; except; kept specified. All taxes and charges that may accrue in connection with the User's use of the Application shall be borne by the User. If the User's statement via credit card is not processed for any reason, the User's subscription to the Application may be suspended or cancelled.
Changes to the fee and payment conditions of the membership package during the User's membership period will not be applied until the end of the User's membership period and the new Fees and payment conditions will be put into effect with the start of the new membership period. The user agrees and declares that no refund will be made to him if the membership is terminated for any reason, including termination, during the membership period.
VERSIONS
User downgrade of Datago App may cause loss of some features and capacity in account. Softbits does not accept any liability for such losses to the extent permitted by applicable law. There is no loss of form or data in case the subscription is canceled by the User or reverted to the old version.
USER'S RIGHTS AND OBLIGATIONS
The user is obliged to make an explanation to the official authorities as per the legislation of Softbits; in cases where it is procedural by official authorities; accepts that if this information is requested by the Office of the User, it will be authorized to disclose the information obtained within the Application to the official authorities, and therefore, no compensation can be claimed from him under any name.
User is obliged to keep confidential the information (such as Username, password, code) used to access the Application. The right to use this information belongs exclusively to the User. The user can use this information on the third; will not disclose to individuals. The user, third of this information; shall be solely responsible for the consequences of its use by a person. Softbits is responsible for detecting such improper use; will not. The user, without prejudice to the above-mentioned provisions, the third of this information; He accepts, declares and undertakes that he is responsible for the use by a person and the consequences thereof, and that the transactions made through the use of this information are binding on him.
The User accepts and undertakes that the information and content provided by him within the Application are correct and in compliance with the law. Softbits is obliged to investigate the accuracy of the information and content uploaded, modified and provided by the User through the Application, undertaking and guaranteeing that this information and content is safe, accurate and lawful. and it is not responsible for any damages that may arise due to the inaccuracy or erroneousness of the information and content in question.
The User may only use the Application for lawful purposes. The legal and penal responsibility of the user in every transaction and action within the Application belongs to him. While using the application, users can access Turkish Penal Code, Turkish Commercial Code, Law of Obligations, related legal regulations and all kinds of related laws currently in force. agrees to comply with the provisions of the legislation.
The User agrees to abide by all national laws, decrees, statutes and regulations to which the Application is subject. The Buyer shall also not use the Application in violation of any national or international law or regulation.
The User declares and undertakes that he/she has the capacity to become a User under these Terms.
The User shall not unlawfully interfere with or modify the security technologies included in the Application.
The User may be liable for any modification, deletion and/or shutdown of the Application by Softbits at any time without prior notice at Softbits' sole discretion. It accepts and declares in advance that it will not demand compensation under any name from Softbits for any direct and/or indirect damages it may incur.
The User is solely responsible for the content he uploads and the use of the Application. Third, with respect to intellectual property infringement, content and use of the Application; any kind of communication that can be transmitted by persons; acknowledges that it has rendered Softbits free from the claim and claim (including litigation costs and attorney's fees).
Access to and quality of Users, Applications and Applications is largely based on the quality of the service provided by the relevant internet service provider, and the service quality in question It accepts that Softbits does not have any responsibility for the problems caused by it.
The User, while making use of the services in the Application and performing any action regarding the services in the Application, shall comply with all the terms contained in these Terms and all applicable and applicable legislation. accepts that it will act in accordance with it, that it has read, understood and approved all terms and conditions set forth in these Terms.
RIGHTS AND RESPONSIBILITIES OF SOFTBITS
Softbits provides form, list and menu to Users via Application; It provides services such as creating, sharing these contents with a link or QR code, instantly viewing the answers given to the forms at the e-mail address defined by the User, or reviewing all the answers through the Application. Softbits reserves the right to make changes in the content of its services at any time.
User may use, copy, transmit, store his information and Content for other purposes related to the User's access to, use of the Application and the provision of services to Softbits within the scope of these Terms. and the right of use to take the backup. Softbits is third in relation to Content for the purpose of providing services. the individual has the right to sublicense the developers.
Softbits' portals, websites, files and content accessed through links on the Application, services or product offered from portals or websites accessed through these links; About the things or their content has no responsibility.
Softbits, the form, list or menu where it presents the User information contained in the Application through the Application; User security outside of creation services, its own liability; performance and some statistical evaluations and interior; It can use it in any way it wishes for audits or for advertising and/or promotion as demographic information, it can be classified and stored on a database.
Softbits, the terms of use of all services available in this Application and its extension, and the information presented in the Application, without any prior notice, to change, reorganize and use the Application for this purpose. reserves the right to suspend it temporarily. Changes in this scope enter into force as soon as they are published in the Application. Users are deemed to have accepted these changes by continuing to use the Application. Changes will be announced to Users through a medium to be determined by Softbits.
Softbits does not give any guarantee that the services it provides within the scope of the Application will be constantly active and accessible. Softbits, especially the decisions and practices of the judiciary and other competent official authorities, force majeure, third; We do not care about the problems caused by individuals, disruptions and delays caused by Internet connection service providers and similar external factors, misuse, technical failures and other disruptions that may arise from Softbits, repair or maintenance work or other directions; does not accept any responsibility in any way.
Softbits can be used when necessary, such as when the operational security of the network is in danger, the continuity of access to the network, to overcome the failures that may occur in the network, software or recorded files, to prevent possible disruptions or in order to reduce its impact and as it deems necessary; in other cases, it may limit or stop access to the App.
Softbits, to the extent permitted by applicable law, such as loss of profit, loss of goodwill and reputation, expenditure for the supply of substitute products and services shall not be liable for any direct, indirect, special, incidental, punitive damages, including but not limited to items, that occur as a result of the use of the Application. In addition, Softbits makes no warranties of any kind, express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, It also declares that it does not give any guarantee.
Application related software and other content “AS IS” In this context, Softbits does not have any responsibility or commitment regarding the accuracy, completeness and reliability of the Application, software and content; not available. The User understands and agrees that, upon signing these Terms, Softbits also makes no commitment to the interrelationship of the Content and other User data. Softbits makes no commitment that the use of the Application will be uninterrupted and error-free. While Softbits aims to make the Application accessible and usable at all times, it does not guarantee the functionality and availability of the systems that provide access to the Application.
INTELLECTUAL PROPERTY RIGHTS
Datago brand and logo, design of the Datago mobile app and Website, software, domain name and any related software created by Softbits; any type of brand, design, logo, trade dress, slogan, and any other content; It is the property of Softbits with intellectual property right. The user may not use, share, distribute, display, reproduce or make derivative works from Softbits' proprietary intellectual property rights without Softbits' permission.
User is the entire Datago mobile app or Website; or part of it in any other medium without the permission of Softbits. User's third If the User acts in a way that violates the intellectual property rights of individuals or Softbits, the User shall be liable to Softbits and/or the third party in question. responsible for compensating all direct and indirect damages and expenses of the person;
PRIVACY
Goods or services purchased by the Buyer under this Agreement .
FORCE MAJEURE
For Softbits, legally accepted force majeure or natural events that prevent internet access, electricity and network outages, general or regional disruption of the internet, etc. ;top&; Softbits has no responsibility if the User does not temporarily access the services subject to the Application due to circumstances.
PERSONAL DATA
Softbits, in accordance with the Law on Protection of Personal Data No. 6698 (“KVKK”), within the framework of Application Membership, in order to provide User personal data and membership services. can process, transfer, store, classify and profile. The user, to learn whether his personal data is processed, to request information about it if his personal data has been processed, to learn the purpose of processing his personal data and whether it is used in accordance with this purpose, to learn whether the personal data is transferred, real or legal persons with whom Softbits cooperates. It has the right to learn, to request correction of personal data if it is incomplete or incorrectly processed, to object to the emergence of a result against itself by analyzing the processed data exclusively through automated systems. Extensive knowledge and obligation to illuminate the subject
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DISPUTE RESOLUTION
Turkish Law shall apply in the application and interpretation of these Terms. Any and all kinds of conditions that arise or may arise due to these Conditions; Istanbul Anatolian Courts and Enforcement Offices are authorized in case of dispute.
NOTICES AND EVIDENCE CONTRACTING
Any kinds of transactions to be made between the parties under these Conditions; correspondence, except for mandatory cases listed in the legislation, . The User, in case of disputes that may arise in relation to the Terms, states that Softbits' official books and commercial records, electronic information and computer records kept in its own database or servers, and e-mail correspondence will constitute binding, definitive and exclusive evidence, and that this article will be in accordance with the Code of Civil Procedure 193. It irrevocably accepts, declares and undertakes that it is in the nature of a contract of evidence within the meaning of Article .
TERMINATION
These Terms will remain in effect as long as the User uses the Application. Softbits or the User may terminate these Terms at any time. However, if these Terms are terminated for any reason, no refund will be made to the User.
MISCELLANEOUS PROVISIONS
Totality of Conditions; and divisibility. These Conditions constitute the entire agreement between the parties regarding the subject. If any provision of these Terms is found by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, such invalidity, To the extent that they are not enforceable or unreasonable, these Terms will be deemed severable and the other provisions will remain in full force and effect.
Assignment. The User shall not assign, in whole or in part, its rights or obligations under these Terms without the prior written consent of Softbit. Softbits accepts any and all rights under these Terms. right and obligation; It may transfer and assign to any real and legal persons it wishes without any notice to the User or the User's prior consent.
Amendment and Waiver. The failure of either party to exercise or exercise any right granted to it under the Terms shall not constitute a waiver of such right or prevent any further exercise or enforcement of such right.
EFFECTIVE DATE
The User is entitled to all of the clauses in these Terms; declares, accepts and undertakes that he/she has read, understood, accepted and approved the accuracy of the information given about him/her.
These Conditions consist of 16 (sixteen) articles and are agreed between the parties by the free will of the parties, electronically approved by the User before the User starts using the Application and without saying anything, and it is immediately accepted.