Terms of Use Agreement
Parties
The below mentioned Site is managed by Ardıç ARGE Bilgi ve Teknoloji Çözümleri Anonim Şirketi (“ARDIC”) located at TÜBİTAK MAM Gebze Yerleşkesi Teknoloji Serbest Bölgesi Yeni Teknoloji Binaları B Blok 205-206 41470 Gebze-Kocaeli.
The Parties acknowledge that this Terms of Use Agreement (hereinafter shall be referred as “Agreement”) shall enter into force upon their approval and that they are under the obligation to comply with the terms of the Agreement.
ARDIC and the Users shall separately be referred to as a “Party” and as “Parties” collectively.
Definitions
“Software” shall mean the software, that is accessed via the Site, on which the User is granted a non-exclusive, non-transferable and free of charge right of use by this Agreement for the access to the Platform,
“Platform” shall mean the platform where the User is able to download the Software from the Site and is able to receive the services from “ArCloud Cloud Computing Services Platform” which belongs to ARDIC,
“Site” shall mean the website providing services under the iot-ignite.com domain name.
Subject of the Agreement
This Agreement regulates each Parties’ rights and obligations with respect to the Users’ usage of the Site and the utilization of the Platform provided by ARDIC.
Obligations of the User
The Site and the Platform subject to this Agreement, conditions that are foreseen by this Agreement and ARDIC published via the Site are publicly available provided that they are used in accordance with the related legislation.
User shall sign in and access to the Site via their electronic mail address and a password created by them. Membership activation shall be carried out by sending a link to the electronic mail address provided by the User. User agrees that ARDIC shall not be liable where the activation link in question is not delivered and/or the activation cannot be realized due to a wrong address provided by the user itself or infrastructure and connection conditions.
User shall be liable for the usage and management of all information including username and password that allows the usage of the Site. All transactions carried out via the username and password shall be deemed as committed by the User itself and in the event that such information are used by another person, lost or transferred, the User shall be exclusively liable for damages incurred by the User and/or third parties. Under no condition or circumstance the User is entitled to transfer to another user or permit the usage of third parties of his username, password and membership profile.
In order to benefit from the Platform and the Software, User shall completely and accurately fill the information form provided by ARDIC. In case the information form is incomplete or contains false information, ARDIC may prevent the User from benefiting from the Software or Platform or may suspend the right of use granted to the User until the incomplete or false information are completed and corrected.
User shall comply with the terms set forth in this Agreement and its annexes and other terms which are determined by ARDIC and published on the Site, and laws, ethics and manners, and principle of honesty in all of its transactions carried out on the Site.
All legal, administrative and punitive liability arising from the utilization of the Site, Platform and Software belongs to the User. ARDIC shall not be directly or indirectly held liable for third party damages incurred or to be incurred due to the transactions of the User carried out on the Site and/or activities of the User that are contrary to this Agreement and the law. Within this context, all claims brought by third parties and damages arising from the non-compliance of the User’s obligations stipulated under this Agreement shall be recourse to the User.
Obligations of ARDIC
ARDIC undertakes to provide the services set forth under this Agreement in accordance with the terms specified under this Agreement.
All rights of the Software, Site, other software that constitute the infrastructure of the Platform, and visuals, designs, writings, logos, graphics on the Site belong to ARDIC. In this regard, it is prohibited to copy, make derivatives of and/or use, distribute or process the information, content and/or software used by ARDIC further to an extent that is specified under this Agreement. Additionally, Users are prohibited to; (i) engage in any activities that may threaten the security of the Site, or prevent the functioning of other software belonging to the Software, Platform and Site, or prevent other users from using the Platform, (ii) disproportionately overload the Platform which may result in the said consequences; access without authorization to contents published on the Site and/or included by other parties to the Site; copy, erase, alter or make attempts to copy, erase or alter such information; (iii) engage in activities that may threaten the general security of the Site and/or that may harm the Site, Platform, ARDIC and other Users; (iv) use software that will prevent the functioning of the Software, Platform and/or the Site, to make an attempt to use or hinder, damage, carry out reverse engineering on, commit attacks, occupy or intervene in any other way to the functioning of all software, hardware and servers, make an attempt to access to the servers of ARDIC. User agrees not to compete with ARDIC or Site, Software or the Platform by means of the aforementioned methods or in any other manner and not to assist third parties acting for this purpose.
Any of the components included in the Site shall not be published either in written form, verbally and/or electronically including but not limited to, in any other internet sites and/or other platforms and/or shall not be provided via a link unless it is approved by ARDIC.
Information of the User are regulated under the Privacy Policy and ARDIC shall not use the User information and disclose to third parties other than the purposes stated under this Agreement and the Privacy Policy. In certain cases, ARDIC may collect non-personal data via cookies. Such information is used for a better understanding of the Users and for the purposes of increasing the utility, performance and efficiency of the Site. User agrees that he/she has given consent to the usage of his information in such a manner.
ARDIC gives its maximum care for the Site, Platform and the Software to function in the best way. However, the Software is provided on an “as is” basis and ARDIC does not bring any claims or undertake that the Software is faultless, flawless and perfect or it will fully meet the needs of the User.
Hardware where the Software is to be installed and operated shall be provided by the User. User is liable for the conformity of the hardware with the Software, alternative solutions for the cases where the Software does not operate, and establishing the backup system, conducting the necessary tests for proper operation of the Software and the supervision, management and control of the Software following the installation on the hardware. User is under the obligation to comply with all of the provision of this Agreement and the applicable legislation with respect to the usage of the Software.
ARDIC is the holder of all financial, moral and commercial rights of the Platform, Software and documentation provided together with the Software. ARDIC agrees to grant the User a non-exclusive and non-transferable license right with respect to the Software and such limited license right shall not be interpreted against ARDIC as if the exercising of ARDIC’s all rights such as granting license to other parties is limited.
User shall use the Platform and the Software only for the purposes specified under this Agreement and shall not, with a charge or free of charge, in any way provide such for the use of third parties (person, institution, organization, company etc.) such as lending or renting. User shall not copy, alter, distribute, reverse engineer or convert with any other method all or any part of the Platform, Software and documentation in relation to the Platform unless written consent of ARDIC is obtained.
Limitation of Liability
ARDIC shall not be held liable for (i) the User’s damages arising from using, not using or misuse of the Software or non-performance of the undertakings and obligations, damages arising from unlawful use (including direct, consequential, special, accidental damages), economic losses arising as a consequence, all pecuniary, moral and financial damages such as all loss of profit, loss of data, loss of labor, and loss of reputation, loss of expected savings, business interruption, indemnification claims of third parties, (ii) the User’s damages arising due to not carrying out the required test procedures of the Software and backing up the Software, or faults and losses occurred due to the generated data even though the backup is carried out; (iii) all hardware, system software/other software and network related functions and malfunctioning that may arise due to this reason, (iv) network, internet connection and connection errors, (v) all alteration, updates and similar works carried out by the User or third parties on the Software; (vi) voltage fluctuation, power cut-off, virus infection and other environmental elements.
ARDIC SHALL NOT BE HELD LIABLE FOR ANY DIRECT, CONSEQUENTIAL, PRIVATE, ACCIDENTAL, PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF GOODWILL AND REPUTATION ARISING FROM THE UTILIZATION OF THE PLATFORM OR SOFTWARE TO THE EXTENT THAT IT IS ALLOWED BY LAW. FEATURES AND OTHER CONTENTS WITHIN THE SCOPE OF THE SITE AND THE PLATFORM ARE PROVIDED ON AN “AS IS” BASIS AND ARDIC IS NOT LIABLE AND DOES NOT UNDERTAKE THE ACCURACY, COMPLETENESS AND CREDIBILITY OF THEM. ARDIC DOES NOT PROVIDE ANY UNDERTAKING EXPLICITLY OR IMPLICITLY REGARDING COMMERCIAL AVAILABILITY, COMPLIANCE WITH A CERTAIN PURPOSE OR USAGE OR NO INFRINGMENT.
User agrees and represents that, links may be provided to other internet sites and/or platforms, files or contents that are not controlled by ARDIC via the Site, third party services may be provided, and that this is not for the purposes of promoting the internet sites to which such links are channeled or operator/service provider or does not hold the qualifications of a representation or warranty with regard to the internet site or the contents included, and ARDIC shall not be liable for platforms, internet sites, files and contents, services or products or their contents.
User agrees and represents that it is in his knowledge that, accessing to the Site and contents provided on the Site and their quality depends on the service quality provided by the internet service provider and that ARDIC shall not be liable for problems arising from the said service quality, that the operation of the Site is not free from defect and that, from time to time, there may be certain drawbacks or blocking of access.
User agrees that there ARDIC does not guarantee that the absence of viruses, worm or any other attacks and unauthorized access to the Site; or transfer of information from or to the Site.
Force Majeure
In situations deemed as Force Majeure, ARDIC shall not be liable for late or incomplete performance or non-performance of its obligations set forth under this Agreement. Force Majeure shall be deemed as incidents occurring out of the control of the Parties, including but not limited to act of god, revolt, war, strike, lock-out, malfunctioning of the telecommunication infrastructure, power cut-off and bad weather conditions. The Parties’ obligations shall be suspended during Force Majeure.
Entry into Force
This Agreement shall enter into force mutually along with its annexes once acknowledged and agreed by the User.
Suspension of the Agreement and Termination
In the event that, the User fails to comply with the terms of this Agreement and its annexes and the rules and conditions stated on the Site; the activities of the User constitute a legal, technical and especially information security risks, infringes third party personal and commercial rights, or the User fails to perform its obligations in relation to the Software, ARDIC is entitled to temporarily or permanently prevent the User from using the Site and/or benefiting from the Platform.
ARDIC is entitled to definitely or indefinitely suspend, terminate the Site, Platform and/or this Agreement at any time.
Dispute Resolution
Disputes arising from this Agreement shall be primarily subject to the provisions of this Agreement and in case there is no applicable provision, Laws of the Turkish Republic shall be applied. Istanbul Central (Çağlayan) Courts and Execution Offices shall have jurisdiction in all disputes arising from this Agreement.
Miscellaneous
In the event that any of the provisions of this Agreement shall be deemed invalid or non-applicable by a competent court or authority, the provision in question shall be amended with another valid provision that is similar to the objective of the Agreement.
ARDIC has the right to unilaterally amend the terms of this Agreement and its annex Privacy Policy and the terms published via the Site at any time. The User shall be liable for regularly monitoring such documents.