ARTICLE 1. INTRODUCTION
1.1. INARTS Software Comp. Singing. Tic. Inc. (Ex SurveyExpert") provides a web-based platform (araç Platform sağlayan) that provides hosted tools and processes to create individualized surveys, obtain survey results, and enable the use of related services.
1.2. Natural and legal persons (the "User") are deemed to have ratified this User Agreement ("Agreement ken) when registering with the Platform and have committed to comply with this Agreement from the moment they begin to benefit from the services available on the Platform.
2. SERVICE USAGE
2.1. Membership Package: The User will choose from the subscription packages offered monthly and annually in line with the frequency of use and other requirements. In the membership package model, the User will be able to upgrade or downgrade the membership package at his or her discretion.
2.2. It is the User who determines the decisions and policies for the use of the services on the Platform. SurveyExpert acts as a Platform provider and is not responsible for any content transferred by the User to the Platform.
2.3. The User registers with the Platform by completing the registration form on the SurveyExpert website (https://www.survey.expert). The User undertakes to provide the information requested in the registration form fully and accurately and to keep this information up to date.
2.4. Users undertake to keep their personal user name and password secure and confidential. The sharing of login details inside or outside an organization is strictly prohibited, and this creates significant risks for all parties. All damages resulting from a breach of confidentiality of the login information are compensated by the party responsible for this login information.
2.5. SurveyExpert reserves the right to update and amend this Agreement at any time without notice and at its sole discretion. The User is responsible for checking the SurveyExpert website (https://www.survey.expert) for changes.
2.6. SurveyExpert works for uninterrupted access to the Platform. However, due to the nature of the Internet, access to the Platform may be suspended, restricted, or terminated at any time. SurveyExpert shall not have any responsibility for any User Submissions to the Platform, and the User shall make such transmissions at their own risk.
2.7. SurveyExpert server time will be used as a reference for the detection of technical failures.
2.8. The User authorizes SurveyExpert to use the data obtained from the User's activities for statistical and marketing purposes. Confidential information will not be published by SurveyExpert.
3. FREE VERSION
3.1. The User can register for the free version of the Platform at the SurveyExpert website https://www.survey.expert. One or more SurveyExpert services will be available to the User under the free version. The User can purchase any membership package through the Platform during the use of the free version.
3.2. In the use of the free version, the data entered by the User will not be deleted from the Platform. If the User decides to purchase a membership, the data entered in the free version will be available.
4.1. Support will be provided by the SurveyExpert team via email.
4.2. Users can always contact the SurveyExpert support team about technical infrastructure adjustments and Platform server issues that occur during the use of the Platform, and report malfunctions. SurveyExpert assists in the event of any problems or errors during the working hours of 09.00 - 18.00 (GMT + 3).
4.3. User manuals will be provided through the Platform.
4.4. SurveyExpert will announce the predetermined update and scheduled maintenance periods for the Platform.
5. FEES AND PAYMENTS
5.1. The pricing of the services offered on the SurveyExpert Platform is determined by membership packages. Pricing is made monthly or yearly according to the level of membership package requested. Service charges, payment terms, and effective dates for the Platform will be announced in the landırma Pricing" section of the SurveyExpert website.
5.2. The membership package at all levels includes Platform's maintenance and hosting service.
5.3. The User may, at his or her discretion, upgrade or downgrade the membership package through the online account management page or by contacting our customer support team. Requests for this will be made by SurveyExpert at the end of the respective membership period, which is monthly or yearly unless otherwise stipulated. Changes to the fee and payment terms for the membership package during the User's membership period will not apply until the end of the User's membership period, and new fees and payment terms will apply upon the start of the next membership period. No refund will be made if membership terminates for any reason, including termination of the Agreement during the term of membership.
5.4. Unless otherwise requested by the User, the membership of the User shall be renewed automatically through the same membership package at the end of each membership period.
5.5. SurveyExpert will forward the invoice for service charges at the beginning of the membership period to the contact address reported by the User. The User shall pay the appropriate amount on the invoice within 30 (thirty) days following the invoice date. The User is responsible for the payment of taxes and duties related to the charges.
5.6. Payments will be made by bank transfer, credit card or other similar payment method by wire transfer or Online Payment System. In payments made using the Online Payment System, if the card is used unlawfully by someone other than the holder, the Bank Cards and Credit Cards Law No. 5464 of 23.02.2006 and the Bank Cards and Credit Law No. 26458 published in the Official Gazette dated 10.03.2007 and numbered 26458 Cards are processed according to the provisions of the Regulation.
5.7. The User, SurveyExpert, or third parties approved by SurveyExpert, may retain User's credit card and payment information to perform membership and payment transactions or bank integration and related updates.
6.1. The Parties undertake and agree to fully comply with the obligations set out in this Agreement. The parties have the right to suspend or terminate the Agreement if the other party fails to fulfill or fulfill its obligations.
6.2. Internal users (iş Internal Users)) in their own business area allowed by the User log in and use the Platform. SurveyExpert reserves the right to immediately remove any non-internal user or legal entity from the Platform and prohibit them from using the Platform. The User is responsible for keeping the user accounts of users in his area of business confidential and private and agrees that he will not give or publish these user accounts to any third party. The User is responsible for any statements made during the use of the User's accounts on the Platform and for any behavior or omission applied. SurveyExpert shall not be liable for any security breaches resulting from the User's failure to keep User accounts confidential. The User agrees to notify SurveyExpert immediately if his account is lost or stolen, or in any way violates the confidentiality of his account, or if the account is unauthorized. SurveyExpert reserves the right to cancel User's accounts with prior notice.
6.3. The User grants all authorization and authorization for the services provided by SurveyExpert to this Agreement and agrees that SurveyExpert will make all necessary and appropriate decisions regarding this purpose. The User grants SurveyExpert the right to reproduce and use its name, logo, and trademarks for use on the Platform at no charge.
6.4. The User may not (i) violate any intellectual property rights of any third party (ii) against any morality or custom that contains libel, defamation or threat, or (iii) viruses, "worms, Trojan" or any other malicious features. The User agrees not to use the Platform for unlawful purposes or to recognize such purposes. SurveyExpert reserves the right, at its sole discretion, to cancel, delete and modify any content that contradicts these provisions.
7.1. The parties undertake to keep all information confidential from third parties. This obligation of the parties shall continue for five years from the expiration of this Agreement. The parties undertake to return or destroy the documents provided to them upon request upon the expiration of the Convention without delay, except the documents required by law. Besides, the parties shall ensure that the employees and their affiliates associated with the subject matter of this Agreement comply with the confidentiality obligation and mutual confidentiality clause under this Agreement. Otherwise, the parties agree to be jointly and severally liable together with their employees/affiliates who violate this provision of mutual confidentiality.
7.2. The confidentiality obligation and the provision of the use of confidential information do not include:
- Information that the party acquiring the information proves to know the relevant information before the other party's disclosure
- Information provided to third parties by the third party without infringing the rights of the other party,
- Information falling into the public sphere without any interference from the party acquiring the information,
- Information that the party acquiring the information is obliged to disclose by the authorized law.
- Information made available to the public under Securities Law rules and product information required or recommended.
7.3. The exchange of information between the parties under this Agreement is limited to the information necessary for the implementation of this Agreement. The parties should not exchange competitively sensitive information such as price and marketing policies, profit margin, or utilization capacity.
8. OWNERSHIP RIGHTS
8.1. All rights to intellectual property rights on the Platform belong to SurveyExpert. This Agreement does not grant any rights or licenses to any intellectual property rights, except for the rights that the User is obliged to use by the nature of this service.
8.2. SurveyExpert has all ownership and savings rights over the Platform and SurveyExpert brands. Nothing in this Agreement provides the User with ownership, related rights, or entitlements. The User only has non-exclusive and limited access to the Platform. This right of access is for the internal use of the procurement process and includes the right to use. Likewise, this right is valid for the duration of this Agreement and cannot be assigned to other persons. Unless otherwise agreed, the User may not use, reproduce, copy, imitate, develop, display, distribute, publish, convert, modify, or create works of art from the Platform and SurveyExpert brands or any portion thereof. Further, the User may not sublicense, transmit, transmit, transfer, use it for commercial purposes or take any other similar actions. The User will make all copies of the Platform authorized by SurveyExpert concerning copyrights, trademarks, and other proprietary rights. The User must not delete, eliminate, cover, or cover any of these banners or place any signs or warnings on these banners. The User must not allow third-parties to reproduce, use, or use the materials from the Platform for display purposes.
8.3. SurveyExpert should keep copies of the information on the purchase under User's privacy seals. SurveyExpert may use this information to install and operate the Platform as well as for carrying out and fulfilling SurveyExpert's obligations and responsibilities concerning services. This includes replication, distribution, publishing, and processing.
9. FORCE CAUSE
To the extent that it is due to force majeure, it is excused that the parties do not perform their actions late or at all. Force Majeure under the scope of this Agreement is defined as the situations that cannot be foreseen by the party claiming force majeure, not caused by or caused by this person. The concept of force majeure includes natural events, fire, flood, explosion, rebellion, war, hurricane, terrorist attack, vandalism, accident, government restrictions, government savings, which exclude SurveyExpert and User's actions and prevent SurveyExpert from serving. Internet systems failures, court decisions, strikes, events beyond the reasonable estimate, and control of the affected party - despite attempts by the party to prevent, avoid, mitigate or mitigate the effects of such events and actions.
10. TERMINATION OF THE AGREEMENT
10.1.1. The User may terminate this Agreement if SurveyExpert changes these provisions. However, the User may exercise this right only if the provisions have been substantially changed. Unjustified changes do not constitute a justification for termination.
10.1.2. SurveyExpert may terminate this Agreement if the User fails to pay any amount within 30 days of expiry.
10.1.3. SurveyExpert may terminate any application immediately and prohibit the User from using the Platform in the event of a violation of these provisions.
10.1.4. SurveyExpert reserves the right to deny registration or access to the Platform and suspend a registered user's account for a temporary or indefinite period. In case of suspension without any justifiable reason, SurveyExpert has to pay the price equivalent to the remaining lifetime of the account.
10.1.5. SurveyExpert may modify, temporarily suspend or terminate the Platform at any time and without notice.
10.1.6. If SurveyExpert considers that user names and/or passwords are compromised, he or she may suspend user accounts at any time and without notice.
10.2 The User has the right to terminate the Contract as long as he pays the full-service fees owed.
10.3 Upon termination, access to the Platform terminates, and all information relating to the other party is either returned or completely destroyed. Necessary provisions and timetables for the return of information will be prepared.
11. LAW AND AUTHORITY
This Agreement shall be governed by and construed in accordance with the laws of Turkey. Furthermore, the Parties acknowledge that the TR Istanbul Courts and the Enforcement Offices of this Agreement are exclusively competent.
12.1. Amendments to these provisions shall take effect immediately. If the Platform is used by the User after the changes, it means that the User wishes to be bound by the new provisions.
12.2. The User may not assign any rights or obligations without SurveyExpert's written consent.
3.12. The User agrees that the addresses provided by him/her at the time of the registration are permanent addresses and shall notify SurveyExpert immediately of any changes that may occur to them. Otherwise, notifications to the addresses provided will apply.
12.4. Failure by the Parties to exercise their rights, powers, or privileges under this Agreement or to use them late does not constitute a waiver of them. Likewise, the partial exercise of these rights, powers, or privileges does not imply that the unused portion or other unused rights, powers, and privileges can no longer be exercised. No waiver of the terms and conditions of this Agreement shall be construed to mean that these terms and conditions are permanently waived or to extend the scope of the waiver.
12.5. This Agreement covers all matters agreed by the parties. This Agreement supersedes all other oral and written agreements between the Parties that previously fall within the scope of this Agreement.
12.6. If any provision of this Agreement is invalid or null and void, such provision shall be ineffective (to the extent that it is invalid or unenforceable) and shall be deemed not to be incorporated into this Agreement without affecting the validity of the other provisions of this Agreement. This invalid Agreement shall be replaced by a provision that is closest to it in terms of meaning and purpose.