User Agreement

This User Agreement ("Agreement") governs your use of the SmartyData website located at https://www.smartydata.com ("Site") and the services provided therein. Please read these terms carefully. By using the SmartyData Service, you acknowledge that you have read, understood, and accepted these terms. If you do not agree to these terms, you are not authorized to use the SmartyData service.

Article 1. Parties

This User Agreement ("Agreement") is concluded between Tekrom Teknoloji A.Ş. ("Company") and the person registering as a user ("User(s)") on the website www.smartydata.com ("Site"). The Agreement shall become effective upon the User’s electronic acceptance and shall remain in effect unless terminated by the parties in accordance with the procedures specified in the Agreement.

Article 2. Subject and Scope of the Agreement

This Agreement is made to determine the terms and conditions regarding the User’s use of the business intelligence application accessed through the Site ("Application") and the data uploaded by the User to the Site ("Content"), as well as the rights and obligations of the parties. The terms, rules, and conditions related to the use of the Site and the Application provided by the Company to Users within the scope of the Site are annexed and constitute an integral part of this Agreement, forming the full rights and obligations of the parties together with those set forth herein.

Article 3. Rights and Obligations of the Parties

3.1 The User declares that they are aware that to benefit from the Application, they must provide complete, accurate, and up-to-date information requested by the Company and approve this Agreement. In case of any changes to the information provided at the time of establishing User status, such information shall be updated immediately. The Company shall not be responsible for the inability to access or benefit from the Site or Application due to incomplete, false, or outdated information.

3.2 The User declares that they are at least 18 years old and have the legal capacity to enter into this Agreement. If the User accesses the Site on behalf of a business, they accept and declare that they have the necessary authority. In such case, the User status and related rights and obligations shall belong to that business.

3.3 The User has the right to establish only one User account, and it is prohibited for the User to create a second account using the same or different information after the User account is suspended or terminated by the Company. The Company reserves the right to refuse the opening of a User account at its sole discretion without providing any reason.

3.4 Access to the Site by the User shall be made using the email address and password. The User is responsible for maintaining the confidentiality and security of this password, and any activity carried out through the use of this information on the Site shall be deemed to have been conducted by the User. The User shall bear all legal and criminal liabilities arising from such activities. The User shall immediately notify the Company if they become aware of any unauthorized use of their password or other security breaches.

3.5 The User agrees and undertakes to use the Application only for lawful activities and in compliance with this Agreement, its annexes, applicable laws, and other terms and conditions stipulated on the Site regarding the Application. The User may use the Application on behalf of third parties only if authorized to provide services to such third parties. The User shall ensure that such persons comply with this Agreement and all other provisions applicable to the User.

3.6 The User may authorize a third party ("Authorized User") to use the Application at various times. The User shall determine who the Authorized User is and the level of authority within the Application. The User shall be responsible for the Authorized Users' use of the Application and shall always control their access and may change or revoke access levels at any time without cause. In case of disputes regarding Application access between the User and the Authorized User, the User shall decide on the Authorized User’s access and access level to the Application or Content.

3.7 The Content shared by the User belongs to the User, and the User bears all responsibility for the Content. The Company has the right to use the Content under the license granted by the User within the scope of this Agreement. The Company has no responsibility for any loss or damage related to the Content or caused by the Content.

3.8 The User undertakes not to engage in activities that would jeopardize the security and integrity of the computer and network systems if the Application is used by third parties; not to gain unauthorized access beyond the scope of the access granted to the User on the computer systems hosting the Application or the Application itself; not to transfer or upload files or illegal content that could harm the computer systems, devices, and software of the Company or third parties; and not to modify, copy, adapt, reproduce, create source code, or perform reverse engineering on the computer programs used in providing the services or operating the Site, unless absolutely necessary for normal use.

3.9 The User accepts that the use of the Application may be subject to limitations, including monthly transaction and storage volumes. These limitations will be specified within the Application.

3.10 The User shall keep copies of the Content uploaded to the Application. Although the Company complies with the necessary policies and procedures to prevent data loss, it does not guarantee that the Content will not be lost. The Company shall not be responsible for any Content loss regardless of how it occurs.

3.11 The Company shall store and use the information and data shared by the User under the "Privacy Policy" attached to this Agreement. The User accepts that the Company may share the User’s information with authorized authorities upon their request in accordance with applicable laws. Besides, the User’s information and transaction data through the Site may be used for User security, the Company’s obligations, and certain statistical evaluations. The Company also has the right to share Content with other users to provide requested services such as invoicing and payment information sharing. If the User wishes to use Content belonging to other users, the User shall obtain their consent and use such Content within the scope of that consent. This information may be classified and stored in a database, and the Company may use the User’s usage and transaction data for performance evaluations, marketing campaigns by the Company and its partners, annual reports, and similar purposes for the necessary duration, anonymizing the data accordingly. The User accepts that the Content and other information may be stored in data centers located in Turkey or abroad by the Company or third parties.

3.12 In case of technical problems related to the Application, the User shall make reasonable efforts to diagnose and identify the issue before contacting the Company. If technical support is still needed, it shall be provided through the Site, Application, or other appropriate channels.

3.13 If communication tools (forums, chat tools, or message centers) are provided to the User through the Site, the User undertakes to use these communication tools only for lawful purposes. The User shall not use these tools to share materials outside the purpose of the Application, including product and service sales, unsolicited emails, files harmful to third parties’ software or systems, content offensive to other users, or any illegal content. The User confirms that they have the authority to communicate through the Site. The Company is not obliged to monitor the appropriateness or conformity of communications made through the Site or their compliance with the Application’s usage purposes. The User shall exercise due care when using web-based communication tools accessed through or related to the Application. The Company reserves the right to remove communication tools at its discretion at any time.

3.14 The Company has the right to revise this Agreement and its annexes without prior notice, and such changes shall become effective upon the User's next use of the Site. If the User does not accept these changes, they have the right to terminate this Agreement as specified below.

3.15 The User may not transfer or assign their User account or rights and obligations arising from this Agreement and Site use to any third party in any way.

3.16 If the User violates this Agreement or any other terms, conditions, declarations, or undertakings within this scope, the Company shall have the right to suspend the User’s membership or terminate the Agreement and end the User status accordingly. In such a case, the Company reserves the right to claim damages arising from such breach from the User.

Article 4. Payment Terms

4.1 The User may benefit from the Application only upon full and complete payment of the fees declared on the Site under the payment terms and methods also declared on the Site.

4.2 The User may use the Application free of charge for the period specified on the Site. Upon expiration of this trial period, the User’s membership will convert to a paid membership determined by the type, service level, functionality, campaigns, or contract duration. Fees, payment terms, and effective dates will be announced in relevant sections of the Site. The User may upgrade or downgrade their membership package voluntarily. Such requests will be executed at the end of the relevant membership period unless otherwise provided by the Company. Changes to fees and payment terms during the membership period shall not apply until the end of that period, and new fees and terms shall apply from the new membership period. No refunds will be given for any termination of membership, including termination during the membership period.

4.3 Unless otherwise requested at least 14 (fourteen) days before the period ends, the User’s membership will automatically renew at the end of each period.

4.4 The Company will send the invoice for 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 period in postpaid memberships or for the next period in prepaid memberships. The User shall pay the invoiced amount within 14 (fourteen) days following the invoice date. The User is responsible for taxes and fees related to the fees.

4.5 The Company or third parties approved by the Company may store the User’s credit card and payment information to carry out membership, payment transactions, bank integration, and related updates.

Article 5. Intellectual Property Rights

5.1 All rights, ownership, and interests on the Site and Application belong to the Company. Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to use the Site and Application. No provision in this Agreement or related terms shall be construed as transferring rights or interests in the Site and Application to the User. The User grants the Company the right to use, copy, transmit, store, and back up their information and Content for accessing the Application, using the Application, and providing services. The Company has the right to sublicense Content to third-party developers to provide services.

5.2 The User is not entitled to copy, modify, reproduce, reverse engineer, decompile, or otherwise access the source code of the Site or Application, create derivative works from the Site, or modify browser or content related to the Site without explicit permission from the Company.

5.3 The User shall not use the Company’s (or its affiliates’) trade names, trademarks, service marks, logos, domain names, or similar.

Article 6. Limitation of Liability

6.1 The Application, software, and other content on the Site are provided "AS IS," and the Company does not guarantee the accuracy, completeness, or reliability of the Application, software, or content. The User understands and accepts that the Company does not warrant the relationship between Content and other User data. The Company does not guarantee uninterrupted or error-free use of the Application. While the Company aims to make the Application accessible 24/7, it does not guarantee the functionality or accessibility of the systems providing access. The User accepts that access may be blocked or interrupted at times, and the Company is not responsible for such interruptions.

6.2 The User acknowledges that links to external websites, portals, files, or content not under the Company’s control may be provided on the Site. Such links do not imply support or guarantee for the linked sites or their contents, and the Company bears no responsibility for them.

6.3 The User accepts that the quality and access to the Application and related services largely depend on the Internet Service Provider and that the Company is not responsible for issues arising from the service quality.

6.4 THE USER IS SOLELY RESPONSIBLE FOR THE CONTENT THEY UPLOAD AND THEIR USE OF THE SITE AND APPLICATION. THE USER AGREES TO INDEMNIFY THE COMPANY FROM ANY CLAIMS AND DEMANDS (INCLUDING COURT COSTS AND ATTORNEY FEES) RELATED TO INTELLECTUAL PROPERTY VIOLATIONS, CONTENT, APPLICATION, AND SITE USE MADE BY THIRD PARTIES.

6.5 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, OR EXPENSES FOR SUBSTITUTE PRODUCTS OR SERVICES ARISING FROM THE USE OF THE SITE. THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY’S LIABILITY UNDER THIS AGREEMENT SHALL IN ANY CASE BE LIMITED TO THE AMOUNT PAID BY THE USER FOR SERVICES UNDER THIS AGREEMENT UP TO THE DATE THE DAMAGE OCCURRED.

Article 7. Validity and Termination of the Agreement

7.1 This Agreement shall enter into force upon electronic acceptance by the User and shall remain in effect unless terminated by either party as set forth below.

7.2 Either party may terminate this Agreement at any time without cause or compensation by giving one (1) week prior written notice to the other party’s email address.

7.3 If either party fails to properly fulfill its obligations under this Agreement and the breach is not remedied within the given period after written notice, the notifying party may terminate this Agreement. If the User commits the breach, the Company may suspend the User status until the breach is remedied. The Company may immediately terminate the Agreement for just cause if the User violates applicable laws.

7.4 Termination does not affect rights and obligations accrued up to the termination date. Upon termination, the User shall be liable for all fees and costs incurred up to that date and will no longer be able to use the Site and Application. No refunds will be given for prepaid memberships.

7.5 The Company may terminate this Agreement if the User account remains inactive for three (3) months.

7.6 If the User account is not blocked for legal reasons and the Agreement is terminated, the Company will provide read-only access to the Content for six (6) months.

7.7 The Company has the right to store Content in its databases while this Agreement is in effect. The User may retrieve the Content without charge within six (6) months after membership or Agreement termination. The Company may charge fees for requests made after this period. Such fees will be specified within the Application.

Article 8. Miscellaneous Provisions

8.1 If any provision or phrase of this Agreement is invalid, illegal, or unenforceable, it shall not affect the validity or enforceability of the remaining provisions.

8.2 This Agreement and its annexes constitute a whole. In case of conflict, provisions in the annexes shall prevail.

8.3 Communication with the User will be conducted via the email provided during registration or general announcements on the Site. Email communication shall replace written communication. The User is responsible for keeping their email updated and regularly checking the Site for announcements.

8.4 Legal remedies shall apply to disputes arising from this Agreement and its annexes.