This User Agreement is made between the user (“User(s)”) and the person who registers to the cloud-based production process management applications (“Application(s)”) accessed through the www.qapera.com website. The Agreement shall enter into force upon the User’s acceptance in electronic environment and shall remain in force unless terminated by the parties in accordance with the procedures specified in the Agreement.
2. Subject and Scope of the Agreement
2.1 This Agreement is made in order to determine the terms and conditions regarding the use of the Application by the User and the data uploaded to the Application by the User (“Content”) and the rights and obligations of the relevant parties.
2.2 The Application covers the Qapera products offered by the Company to the Users. In this Agreement, the Application and the Site together shall be referred to as the Qapera platform (“Platform”).
3. Rights and Obligations of the Parties
3.1 The User declares that he/she must accept this Agreement in order to benefit from the Platform by providing complete, accurate and up-to-date information requested by the Company. The User agrees that if there is any change in the account information, this information will be updated immediately. The Company is not responsible for the inability to access or utilise the Platform due to incomplete, misleading or outdated information.
3.2 The User declares that he/she has the legal capacity to accept this Agreement and that he/she has reached the age of 18. If the User accesses the Site on behalf of a business, the User acknowledges and declares that he/she has the necessary authorisation. In this case, the rights and obligations of the user belong to the enterprise in question.
3.3 The User shall use his e-mail address and password to access the website. The user is responsible for protecting the confidentiality and security of his password. All activities carried out with the use of the User’s password shall be deemed to have been carried out by the User and all legal and criminal liability arising from these activities belongs to the User. When the User realises that his/her password has been used without authorisation or its security has been breached, he/she shall immediately notify the Company.
3.4 The User agrees to use the Platform only for lawful purposes and to comply with this Agreement, annexes and other provisions specified on the Site and Platform in accordance with applicable laws. The User may use the Platform on behalf of third parties, but must ensure that such persons also comply with this Agreement and all other provisions.
3.5 The User may select an “Authorised User” to use the Application at different times. The User will decide who the Authorised User will be and how much access they will have. The User is responsible for the Authorised Users’ use of the Application and may at any time control and change or cancel their level of access. The User shall decide in the event of a conflict between the Authorised User and himself/herself.
3.6 The User shall not use the Platform in such a way as to endanger the computer and network systems of third parties. The User shall not interfere with the operation of the Platform and shall not gain unauthorised access to the computer systems on which the Platform is hosted. The User shall not modify the computer programmes used in the provision of services or the operation of the Platform. The User shall not upload any non-copyrighted or trade secret materials in the Content.
3.7 The User shall keep copies of the contents uploaded to the application. The Company will follow the necessary policies and procedures to prevent data loss, but does not guarantee that there will be no loss of content. The Company is not responsible for loss of content, regardless of how it occurs.
3.8 The Company will process, store and use the personal data shared by the user in accordance with the KVKK and the relevant legislation. Cloud-based production process management applications will be offered to users, but users will be responsible for the content uploaded to these applications. The Company accepts that the user may share the content in the user’s account with other users, but is not responsible for sharing. The Company will store usage and transaction information, performance evaluations, marketing campaigns, annual reports and similar transaction data for the required period of time and then anonymise them.
3.9 In case of technical problems, the user will endeavour to identify the problem and may receive technical support when necessary.
3.10 The User undertakes to use the means of communication through the Platform only for lawful purposes. The Company is not obliged to check the appropriateness of the communications made through the Platform. The User shall show the care that he/she is obliged to show when using the communication tools provided through the Platform. The Company has the right to remove the communication tools provided through the Platform.
3.11 The Company has the right to change the Agreement and its annexes, and these changes shall enter into force with the next use of the Platform by the User. If the User does not accept the changes, he/she has the right to terminate the Agreement.
3.12 The User may not transfer or assign his/her account and rights arising from the Agreement to a third party.
3.13 The User may delete the Content entered through the Platform at any time. The User whose membership is terminated will not be able to access his/her account.
3.14 In the event that the User violates the conditions on the Platform, the Company may suspend the User’s membership or terminate the User’s user status by terminating the Agreement. In this case, the Company reserves the right to claim from the User for damages.
3.15 The User undertakes not to make his/her private and confidential passwords available to anyone else and takes all necessary measures to prevent unauthorised access. Notifies the Company of the situation.
4. Payment Terms:
4.1 The User may benefit from the Application only by paying the fees specified on the Platform in full and in full with the payment terms and means.
4.2 The User may use the Application without payment for the specified period. After the trial period ends, the User’s membership type will become a paid membership to be determined according to the service level, functionality, campaigns or contract duration. Fees, payment terms and effective dates regarding the Application are specified in the relevant sections of the Platform. The User may request to upgrade or downgrade the membership package. However, unless otherwise stated by the Company, these requests will be realised at the end of the relevant membership period. Changes made during the membership period will be applied at the end of the membership period. No refund will be made in case of termination for any reason, including termination during the membership period.
4.3 The User agrees that his/her membership will be automatically renewed at the end of the period, unless he/she makes a request to the Company to the contrary until 14 (fourteen) days before the end of the period.
4.4 When the User receives a prepaid service, the invoice is issued to the address specified when making payment and shared electronically. When he/she receives a post-paid service, he/she must pay the amount on the invoice within 7 (seven) days following the invoice date. The User is responsible for making payment for the relevant fees.
4.5 The Company or third parties approved by the Company may store the User’s credit card, account and payment information in order to perform transactions and bank integration related to the User’s membership and payment.
5. Intellectual Property Rights
5.1 The Company owns all rights, title and interests on the Platform. The User shall be entitled to use the Platform under this Agreement under a personal, worldwide, royalty-free, non-transferable and non-exclusive licence. However, other conditions regarding the Platform cannot be interpreted as a transfer of rights and interests regarding the Platform to the User. The User grants the Company the right to use information and Content for accessing and using the Application and providing services. The Company has the right to sub-licence the Content to third parties for the provision of services.
5.2 The User is not entitled to copy, modify, reproduce, reverse engineer, reverse compile or access the source code of the software on the Site in any way. Linking to or from the Platform is strictly prohibited without the express permission of the Company.
5.3 The User shall not use the Company’s (or its affiliates’) trade name, trademark, service mark, logo, domain name, etc. in any way.
6. Limitation of Liability
6.1 The Company does not have any responsibility or commitment regarding the accuracy, completeness and reliability of the Application, software and other content offered within the scope of the Platform. The User should understand that the Company does not guarantee the relationship between the Content and other User data. The Company does not guarantee an uninterrupted and error-free use of the Platform and does not guarantee the functioning of the systems that provide access. The User accepts that access to the Platform may be blocked or interrupted. The Company is not responsible for blocking or interruptions.
6.2 You must accept that the Platform may provide links to other websites, portals, files or content that are not under the control of the Company and that these links are not intended to support the website or the person operating it. The Company has no responsibility for portals, websites, files and contents, services or products or contents accessed through links.
6.3 The User must accept that the quality of the Applications offered through the Platform is largely based on the quality of the service provided by the Internet Service Provider and that the Company has no responsibility for problems arising from this service quality.
6.4 The User is solely responsible for the use of the Platform with the content uploaded. The User must accept that he/she releases the Company from intellectual property infringements, third party claims and demands (including judgement costs and attorneys’ fees) related to the Content and the use of the Platform.
6.5 To the extent permitted by applicable law, we shall not be liable for any direct, indirect, special, incidental or punitive damages arising out of the use, including, but not limited to, lost profits, loss of goodwill and reputation, and expenses incurred in procuring substitute products and services. We would also like to point out that although we make no warranties of any kind, express or implied, we make no warranties of any kind, including implied warranties, merchantability or fitness for a particular purpose. Our liability is limited to the service fee paid up to the date of occurrence of the relevant damage and relates to the services covered by this Agreement.
7. Enforcement and Cancellation of the Agreement
7.1 The Company retains all rights, title and interests on the Platform. The User is granted a worldwide, non-transferable, non-exclusive, royalty-free and personal licence to use the Platform under this Agreement. However, the provisions in other terms do not mean that the rights and interests regarding the Platform are transferred to the User. The User grants the Company the right to use, copy, transmit, store and backup the Content. The Company has the right to sub-licence the Content to third parties for the provision of services.
7.2 The User does not have the right to copy, modify, reproduce, reverse engineer, recompile and similarly process the Platform to create a work. In addition, accessing the source code of the software on the Platform, linking to or from the Platform is prohibited without the express permission of the Company.
7.3 The User may not use the trade name, trademark, service mark, logo, domain name, etc. of the Company (or its affiliated companies) in any way.
8. Limitation of Liability
8.1 The Application, software and contents offered within the Platform are available as is and the Company has no responsibility or commitment regarding the accuracy, completeness and reliability of these contents. The User must understand and accept that the Company does not make any commitment for the relationships between the Content and other User data. The Company does not undertake that the Platform can be used in an uninterrupted and error-free manner. No guarantee is given regarding the functionality and accessibility of the systems that provide access to the Platform. The User must accept that access to the Platform may be blocked or interrupted. The Company does not accept any responsibility for such blocking or interruptions.
8.2 You must accept that links may be provided through the Platform to other websites and/or portals, files or contents outside the control of the Company and that these links are made in order to support the websites or operators to which these links are directed and that the Company has no responsibility for the portals, websites, files and contents accessed through these links.
8.3 The User must accept that access to the Applications and Applications offered through the Platform and their quality are largely based on the quality of service of the relevant Internet Service Provider and that the Company has no responsibility for problems arising from the quality of such service.
8.4 The User is fully responsible for the content uploaded and the use of the Platform. The User exempts the Company from any claims and demands that may be submitted by third parties regarding intellectual property violations, Content and use of the Platform.
Article 8.5: The Company is not liable for any direct, indirect, special, incidental, punitive damages that may arise as a result of the use of the Platform. However, to the extent permitted by applicable law, the Company shall not be liable for other damages, including loss of profit, loss of goodwill and reputation, expenses incurred for the provision of substitute products and services. In addition, the Company declares that it makes no express or implied warranties under this Agreement. This warranty includes warranties such as implied warranty, merchantability and fitness for a particular purpose. The Company’s liability shall be limited to the amount paid by the User and this amount is the amount paid for the services under this Agreement up to the date of the relevant damage.
9. Miscellaneous Provisions
9.1 If any clause or expression of this Agreement is invalid, illegal or unenforceable, the validity of the remaining clauses shall not be affected.
9.2 This Agreement is a whole together with its annexes. If there is a conflict between the annexes and the Agreement, the provisions of the relevant annexes shall take precedence.
9.3 Communication with the User will be provided via the e-mail address provided during registration or general information on the Platform. Communication by e-mail shall replace written communication. It is the User’s responsibility to keep his/her e-mail address up to date and to regularly check the notifications made on the Platform.
9.4 The interpretation and enforcement of this Agreement shall be governed by Turkish law and all disputes arising from Turkish law shall be resolved in Istanbul Central (Çağlayan) Courts and Enforcement Offices.
10. Commercial Electronic Message
10. 1 The user agrees to announce general/special opportunities about the products and services offered to him/her by Qapera, to be informed about current developments, to send messages for celebration purposes, to share content such as presentations and newsletters, to send commercial electronic messages and other messages in accordance with the relevant laws in order to promote and advertise, to send commercial electronic messages and other messages to him/her in accordance with the relevant laws, contact information, identity information, The Company consents that its marketing information will be used for these purposes in order to carry out goods / service sales and advertising / campaign / promotion processes and that messages will be sent to it through the channel it prefers, that it can always change its communication preferences or stop the communication by rejecting the transaction specified in the messages received by it without any justification, and that commercial electronic messages and other messages will be sent to it via SMS / short message, automatic call, telephone call, social media and online advertising networks, e-mail / e-mail and other electronic communication channels in accordance with the law.