This User Agreement ("Agreement") governs your use of the SmartyData website and the services available at https://www.smartydata.com ("Site"). Please read these terms carefully. By using the SmartyData Service, you state that you have read, understood and accepted these terms. If you do not agree to these terms, you are not allowed to use the SmartyData service.
Article 1. The Parties
This User Agreement (“Agreement”), Tekrom Teknoloji Inc. (“Company”) with www.smartydata.com between the person who registered as a user to the site .The agreement shall enter into force upon acceptance by the user in electronic form and shall remain in force unless it is terminated by the parties in accordance with the procedures set out in the agreement.
Article 2. Subject and Scope of the Convention
Article 3. Rights and Obligations of the Parties
3.1The user declares that he / she knows that he / she must ratify this agreement by providing the information requested by the company in a complete, accurate and up-to-date manner in order to benefit from the application. In the event of any changes to the information provided during the establishment of the user status, such information will be updated immediately. The company is not responsible for the failure to access or benefit from the Site or the application due to the incomplete or untrue provision of this information or the fact that it is out of date.
3.2 The user declares that he is 18 years old and has the legal capacity to accept this Agreement. If the user accesses the site on behalf of a business, the user accepts and declares that he / she has the necessary authority to do so. In this case, user status and rights and obligations will belong to the said business.
3.3 The user has the right to establish a single user account and it is prohibited to establish a second account using the same or other information by the user following the suspension or termination of the user account by the company. The company reserves the right to refuse the opening of the user account at its sole discretion, without any justification.
3.4 Access to the site by the user will be made using the e-mail address and password. The user is responsible for maintaining the confidentiality and security of this password. any and all activities carried out through the site through the use of such information will be deemed to be carried out by the user, and any legal and criminal responsibility arising from these activities will belong to the user. When the user becomes aware of the unauthorized use of his password or any other breach of security, he shall notify the company immediately.
3.5 The user shall use the application only for its lawful activities, you acknowledge and agree that you will comply with the other terms and conditions set forth on the site with respect to this Agreement, the annexes, applicable legislation and the application. The user may use the application and the site on behalf of the third party as long as it is authorized to provide services to third parties. In this context, the user shall ensure that such persons also comply with this Agreement and all other provisions applicable to him.
3.6 The user may occasionally authorize a third party (the“authorized user”) to use the application. Who the authorized user will be, and What will be the level of authority in the application will be determined by the user. The user is responsible for authorized users 'use of the application and will always control authorized users' access to the application and may change or revoke authorized users ' access to the application at any time and for no reason whatsoever. In the event of a dispute between the user and the authorized user regarding access to the application, the User shall decide on the Authorized User's access to and access to the application or content.
3.7 The content shared by the user is the property of the user and all responsibility for the content is with the user. The company has the right to use the content under the license provided to it by the user under this Agreement. The company has no responsibility for the content or for any loss or damage that the content may cause.
3.8 The user agrees and undertakes that if the application is used by third parties, such third parties shall not engage in activities that endanger the security and integrity of their computer and network systems. The user agrees and undertakes that third parties shall not grant unauthorized access to the computer systems on which the application is hosted or to the application outside the scope of access granted to it. The user agrees and undertakes that third parties will not transfer or upload files or illegal content that would damage the site and the computer systems, devices and software of third parties,modify, copy, adapt, reproduce, create source code or reverse engineer the computer programs used in the provision of services or operation of the site unless absolutely necessary for ordinary use.
3.9 Including monthly transaction and storage volumes of the user's use of the application accepts that it may be subject to restrictions. These restrictions will be stated within the application.
3.10 The user will keep copies of content uploaded to the application. Company, while it complies with the policies and procedures necessary to prevent data loss, it does not guarantee that the loss of content will not occur. The company is not responsible for the loss of content, regardless of how it turned out.
3.12 In the event of technical problems with the application, the User shall make reasonable efforts to identify and diagnose the problem before contacting the company. If the user's need for technical support continues, the necessary support will be provided through the Site, application or other appropriate channels.
3.13 In the event that communication tools (such as forums, chat tools or message centers) are provided to the user through the Site, the user declares and undertakes to use these communication tools only for lawful purposes. The user of the communication tools in question; for the sale of products and services , without consent of the other party to send mail and files that can harm the computer systems of third party software for any unlawful or offensive content to other users in terms of content, except for the purpose of the application will not use. The User undertakes that he is authorized to do so in respect of any communication he makes through the site. The company has no obligation to check the suitability of the communications made through the Site or that these are intended for the purposes of use of the application. In terms of other web-based communication tools accessed through or used in connection with the application, the user will take due care in using the communication tools provided through the site. Company, it has the right to remove any communication tools it provides through the site at its discretion at any time.
3.14 The company have the right to revise this agreement without any prior notice and its attachments and the related changes in the use of this right will be enforced with subsequent use of the site by the user. If the user does not agree to such changes, the right to terminate this agreement is reserved as follows.
3.15 The user, the user account and the rights arising from the use of the Site by this Agreement and may not transfer or assign its obligations to a third party in any way.
3.16 This Agreement and the other terms and conditions contained within the Site of the user the Company shall have the right to suspend the user's membership or terminate the user's status in this manner by terminating the agreement as stated below. In such a case, the company reserves the right to request the user for damages arising out of such violation.
Article 4. Payment Terms
4.1 The user will only benefit from the application in return for full and complete payment of the fees stated on the site and the payment terms stated on the site.
4.2 The user will be able to use the application without paying a fee for the period specified on the site. Membership, type, service of the user upon completion of the trial period in question the level will become paid membership, to be determined by functionality, campaigns or contract duration. Fees related to the application, conditions of payment, effective dates of fees will be announced in the relevant sections of the site. The user will be able to upgrade or drop the membership package at his / her own request. Requests for this, unless otherwise stipulated by the company it will be realized at the end of the relevant membership period. Changes to the fees and payment terms for 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 terms will be effective upon the start of the new membership period. Including termination of the contract during the membership period if the membership expires for any reason, no refund will be made.
4.3 Membership of the user is automatically at the end of each period unless otherwise requested by the user until 14 (fourteen) days before the end of the period. it will be renewed.
4.4 The Company shall be entitled to the user-transmitted contact address of the period of membership it will forward the invoice for usage fees at the start. All invoices will include fees for the previous membership period in the event of a post-paid membership, and fees for the next membership period in the case of pre-paid memberships. The user will pay the relevant amount in the invoice within 14 (fourteen) days following the invoice date. The user is responsible for the payment of taxes and fees related to the related fees.
4.5 The user, the company or third parties approved by the company are entitled to membership and it will be able to store the user's credit card and payment information to perform payment related transactions or bank integration and related updates.
Article 5. Intellectual Property Rights
5.1 All rights, property 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 the application. No provision of the agreement or any other terms relating to the site shall be construed as transferring the rights and interests relating to the site and the application to the user. The user hereby grants the company the right to use, copy, transmit, store and backup the information and content for the user's access to the application, use of the application and other purposes for the provision of the services. The company is concerned with content for the purpose of providing services as third party developers have the right to sublicense.
5.2 The user shall not in any way copy, modify, reproduce, reverse engineer, reverse engineer, restore or otherwise reproduce the site or the application on the Site. it does not have the right to access the source code of the software and to create a rendering artifact from the site. Any modification of the browser and content related to the site, or linking to or from the site without the express permission of the company is strictly prohibited.
5.3 The user shall not use the trade name, trademark, service mark, logo or domain name of the company (or its affiliates) in any way
Article 6. Limitation Of Liability
6.1 The application, software and other content covered by the Site is presented “as IS” and the company has no responsibility or commitment to the accuracy, completeness or reliability of the application, software and content. The user also understands and agrees that the company has not made any commitment to the interrelation of content and other user data. The company does not warrant that the use of the application is uninterrupted or error-free. While it aims to make the application accessible and available 24/7, it does not guarantee the operability and accessibility of the systems that provide access to the application. The user agrees that access to the application may be blocked or may be interrupted from time to time. The company is not responsible for any such obstruction or disruption.
6.2 The user may link to other web sites or portals, files or content that are not under the control of the company through the site. The user accepts and declares that the company has no responsibility for the portals, websites, files and content, services or products or their content accessed through such links.
6.3 The user has access to the applications and applications offered through the Site and their it accepts that its quality is largely based on the quality of the service provided by the relevant Internet service provider and that the company has no responsibility for any problems arising from such service quality.
6.4 THE USER IS SOLELY RESPONSIBLE FOR THE CONTENT AND USE OF THE SITE AND APPLICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS OR CLAIMS (INCLUDING LITIGATION COSTS AND ATTORNEYS ' FEES) THAT MAY BE MADE BY THIRD PARTIES RELATING TO INTELLECTUAL PROPERTY VIOLATIONS, CONTENT, PRACTICES, AND USE OF THE SITE.
6.5 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM THE USE OF THE SITE ,INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL AND REPUTATION,AND EXPENSES INCURRED FOR THE PROVISION OF SUBSTITUTE PRODUCTS AND SERVICES. IN ADDITION, THE COMPANY FURTHER DECLARES THAT IT MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. N ANY EVENT, THE COMPANY'S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER FOR THE SERVICES SUBJECT TO THIS AGREEMENT UNTIL THE DATE OF THE OCCURRENCE OF THE RELATED LOSS.
Article 7. Effect and Termination of the Convention
7.1 This Agreement shall enter into force upon acceptance by the user in electronic form and shall remain in force unless terminated by any of the parties as stated below.
7.2 Any party may terminate this Agreement at any time without any justification or compensation by a written notification to the e-mail address notified by the other party 1 (one) week in advance.
7.3 If one of the parties fails to fulfill its obligations arising from this Agreement and the other party does not correct such discrepancy within the specified period of time in spite of the written notification , this agreement may be terminated by the notification party. In the event that such violation is performed by the user, the Company shall have the right to suspend the status of the user until the violation is resolved. If the user violates the applicable legislation, the company may terminate the agreement for a justified reason, effective immediately.
7.4 The termination of the contract shall not remove the rights and obligations of the parties born up to the date of termination. With the termination of the agreement, the user shall be responsible for all fees and expenses incurred up to that day and shall not be able to use the site and the application as of the date of termination. In case of termination of pre-paid memberships, no refund is given to the user.
7.5 If the user's account is inactive for 3 (three) months, the company may terminate this Agreement.
7.6 If the user account is not blocked for legal reasons and the contract is terminated, the company will provide read-only access to the content for 6 (six) months.
7.7 The company has the right to store content in its databases as long as this agreement is in force. Within 6 (six) months following the termination of the user's membership term or this Agreement, the user will be able to receive the content without charge. The company will be able to charge fees for such requests, which are forwarded after the expiration of this period. The related fees will be stated within the scope of the application.
Article 8. Miscellaneous Provisions
8.1 Any provision of this Agreement or any provision contained in the agreement the invalidity, illegality and non-enforceability of the statement shall not affect the validity and validity of the remaining provisions of the convention.
8.2 This agreement is a whole with its annexes. Any between the contract and the annexes in the event of a conflict, the provisions contained in the relevant annexes shall apply.
8.3 Communication will be made with the user via e-mail or through general information on the site. E-mail communication replaces written communication. It is the user's responsibility to keep the e-mail address up to date and to check the site regularly for information.
8.4 Legal remedies shall apply to disputes arising from this Agreement and its annexes.