Terms of Service

1. PARTIES

This User Agreement (“Agreement”) is concluded between Dinamik360 Yazılım A.Ş. (“Company”) and the person who registers as a user (“User(s)”) on the website located at www.dinamikcrm.com (“Site”).
This agreement between the User and the Company will enter into force with the User’s electronic approval indicating that they understand and accept this agreement and complete the registration process electronically, and it will remain in effect unless terminated in accordance with the procedures specified in the Agreement. Users undertake to act in accordance with the provisions of this agreement.
By accepting this Agreement, the User agrees, declares, and undertakes to accept all regulations regarding the services provided by the Company, terms of use, content, applications, and all arrangements for users on the Site.

2. SUBJECT

This Agreement is concluded to determine the rights and obligations of the parties regarding the conditions and terms of benefiting from the cloud-based business management application accessed through the Site (“Application”) and the data uploaded to the Site by the User (“Content”). All declarations and regulations regarding the services, content, usage, and users provided by the Company on the Site are an integral part of this agreement.

3. RIGHTS AND OBLIGATIONS

3.1 The User declares that they know that they must provide the information requested by the Company completely, accurately, and up-to-date and approve this Agreement to benefit from the Application. In the event of any changes in the information provided during the establishment of user status, such information will be updated immediately. The Company is not responsible for the inability to access or benefit from the Site or the Application due to the incomplete, false, or outdated information provided.

3.2 The User declares that they are over 18 years old and have the legal capacity required to conclude this Agreement. If the User accesses the Site on behalf of a business, the User accepts and declares that they have the necessary authority. The User declares that they will act in accordance with the provisions of this Agreement, all terms and conditions stated on the Site, and that they understand and accept these rules and conditions in the transactions and communications they carry out on the Site.

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 following the suspension or termination of the User account by the Company. The Company reserves the right to refuse the opening of a User account at its sole discretion, without providing any justification.

3.4 The User will access the Site using their email address and password. The User is responsible for maintaining the confidentiality and security of this password, and any activity performed using these details on the Site will be considered to have been carried out by the User. All legal and penal liability arising from these activities will belong to the User. The User will immediately notify the Company if they become aware of any unauthorized use of their password or any other breach of security.

3.5 The User accepts and undertakes to use the Application only for lawful activities, to comply with this Agreement, its annexes, the applicable legislation, and other provisions and conditions foreseen on the Site regarding the Application. The User may use the Application on behalf of a third party as long as they are authorized to provide services to third parties. The User will ensure that these persons also comply with this Agreement and all other applicable provisions.

3.6 The User may authorize a third party (“Authorized User”) to use the Application from time to time. The User will determine who the Authorized User is and the level of authority within the scope of the Application. The User is responsible for the Authorized Users’ use of the Application and will always control the Authorized Users’ access to the Application and may change or cancel the Authorized User’s access level at any time without any reason. In the event of a dispute between the User and the Authorized User regarding access to the Application, the User will decide on the Authorized User’s access and access level to the Application or Content.

3.7 The Content shared by the User is owned by the User, and all responsibility for the Content lies with the User. The Company has the right to use the Content within the scope of the license provided by the User under this Agreement. The Company cannot be held responsible for any loss or damage arising from the Content or the Content itself, including but not limited to, legality, accuracy, authenticity of offers, and notifications entered. Ensuring compliance with the applicable legislation regarding any data and other issues entered is solely the responsibility of the User. The User accepts that the Company may delete the Content from the Application and its systems based on the requirements of the applicable legislation and that the Company is not responsible for any damages, including lost data, that may occur in this context. The Company may change the content on the Site at any time without notice. The Company may close the information and Content uploaded by the Users to the system to third-party access and/or delete them. The Company may control and store all communications carried out between Users on the Site.

3.8 The User accepts and undertakes not to engage in activities that endanger the security and integrity of the computer and network systems of third parties hosting the Company or the Application, not to use the Application in a way that would interfere with or harm the operation of the systems on which the Application, Site, or services are provided or prevent other users from benefiting from the Application and Site, not to gain unauthorized access to the computer systems on which the Application is hosted or to the Application beyond the scope of the access granted, not to upload or transfer files or unlawful Content (including copyrighted Content or trade secrets and other materials for which the User does not have the right to use) that will harm the computer systems, devices, and software of the Company and third parties to the Site, and not to change, copy, adapt, reproduce, decompile, create source code or perform reverse engineering on the computer programs used in providing the services or the operation of the Site, except as absolutely necessary for normal use.

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

3.10 The User will keep copies of the Content uploaded to the Application. The Company complies with the necessary policies and procedures to prevent data loss, but it does not guarantee that Content loss will not occur. The Company is not responsible for the loss of Content, regardless of how it occurred.

3.11 The User may not add, distribute, or copy any Content, trademark, or other proprietary information protected by copyright or other intellectual property rights to the Site without the prior written consent of the rights holder. The Company is not obligated to control the Content provided by the User or investigate whether an unlawful activity is taking place under the Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications. The User accepts, declares, and undertakes that they are solely responsible for the Content provided to the Site and that the Company has no responsibility in this regard.

3.12 The Company will store and use the information and data shared by the User in accordance with the “Privacy Policy,” which is an annex to this Agreement. The User accepts that the Company may share the information of the User with the relevant authorized authorities if requested by authorized authorities in accordance with the applicable legislation. Apart from this, the information about the User and the transactions carried out by the User through the Site may be used for the security of the User, the fulfillment of the Company’s obligations, and some statistical evaluations. The Company also has the right to share the Content with other users to provide the requested services, such as sending invoices and sharing payment information. The User will obtain the approval of the relevant users and use the Content within the scope of the approval given by the other user if they wish to use the Content of other users. This information may also be classified and stored in a database and used by the Company for performance evaluations, marketing campaigns of the Company and its business partners, annual reports, and similar processes for the duration necessary for these purposes, following the anonymization of the data. The User accepts that the Content and other information may be stored by the Company or third parties in data centers located in Turkey or abroad.

3.13 In case of technical problems related to the Application, the User will make reasonable efforts to identify and diagnose the problem before contacting the Company. If the need for technical support continues, the necessary support will be provided to the User through the Site, Application, or other appropriate channels if the conditions are met and for a fee.

3.14 If communication tools (such as forums, chat tools, or message centers) are provided to the User through the Site, the User declares and undertakes that they will use these communication tools only for lawful purposes. The User will not use these communication tools to share materials for purposes other than the Application, including product and service sales, unsolicited emails, files that may harm the software and computer systems of third parties, content that is offensive to other users, or any unlawful content. The User undertakes that they have the authority to do so for all communications carried out through the Site. The Company is not obligated to check the appropriateness of communications carried out through the Site or whether they are intended for the purposes of using the Application. The User will exercise due care when using the communication tools provided through the Site for other web-based communication tools accessed or used in relation to the Application. The Company has the right to remove the communication tools provided through the

Site at any time.

3.15 The Company may make changes, additions, modifications, shorten, separate, reproduce, copy, store, process, change the format, and similar dispositions to this agreement and its annexes without notifying the User and without the User’s written or verbal consent. The relevant change will come into force with the next use of the Site by the User. If the User does not accept these changes, they have the right to terminate this Agreement as specified below.

3.16 The User cannot transfer or assign their user account and the rights and obligations arising from the use of the Site under this Agreement to any third party in any way.

3.17 In case of the User’s violation of this Agreement and other conditions and terms on the Site, the Company has the right to suspend the User’s membership or terminate the Agreement as specified below, thereby terminating the user status. In such a case, the Company reserves the right to claim compensation for damages arising from the violation from the User.

4. PAYMENT TERMS

4.1 The User can benefit from the Application in return for paying the fees stated on the Site in full and in accordance with the payment conditions and tools specified on the Site, in compliance with the provisions of the Law No. 5464 on Bank Cards and Credit Cards and the Regulation on Bank Cards and Credit Cards published in the Official Gazette No. 26458.

4.2 The User can use the Application free of charge for the period specified on the Site during the trial period. At the end of the trial period, the User’s membership will become a paid membership determined according to the membership type, service level, functionality, campaigns, or contract duration.

4.3 To ensure the operation of the system defined in this Agreement, www.dinamikcrm.com is the intermediary. In case of any non-payment, the Company has the right to terminate the Agreement and cancel the membership.

4.4 Fees related to the Application, payment conditions, and effective dates of fees will be announced in the relevant sections of the Site. The User may upgrade or downgrade their membership package at their discretion. Such requests will be implemented at the end of the relevant membership period unless otherwise specified by the Company. Changes in fees and payment conditions related to the membership package during the membership period will not be applied until the end of the User’s membership period, and new fees and payment conditions will be effective with the start of the new membership period. No refund will be made in case of termination of the membership for any reason, including the termination of the Agreement during the membership period.

4.5 Unless otherwise stated in writing by the User 14 (fourteen) days before the end of the period, the User’s membership will be automatically renewed at the end of each period.

4.6 The Company will send an invoice to the User’s communication address provided at the beginning of the membership period for the usage fees. All invoices will include the fees for the previous membership period in the case of postpaid membership and the fees for the next membership period in the case of prepaid membership. The User will pay the relevant amount on the invoice within 14 (fourteen) days following the invoice date. The User is responsible for the payment of taxes and fees related to the relevant fees.

4.7 The User, Company, or third parties approved by the Company may store the User’s credit card and payment information as the Data Controller, in accordance with the law and regulations, to carry out transactions related to membership and payment or to implement bank integration and relevant updates.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 All rights, ownership, and interests on the Site and Application belong entirely to the Company. All rights of the software used in the design and creation of the database of the www.dinamikcrm.com website belong to the Company. Copying or using the mentioned software, and subjecting the used software and technologies to reverse engineering processes is strictly prohibited.

5.2 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 and other conditions related to the Site can be interpreted as transferring the rights and interests related to the Site and Application to the User.

5.3 The User will not use the Company’s (or its affiliates’, business partners’, etc.) trade name, brand, service mark, logo, domain name, etc. in any way. All domain names, logos, graphics, sounds, icons, designs, texts, images, HTML codes, other codes, demonstrative, written, electronic, graphic or machine-readable technical data, applied sales systems, business methods, and business models in the content of the Website are owned by or licensed to the Company and are legally protected. Unless otherwise stated, they cannot be used without permission or source, either for commercial or personal purposes.

5.4 The User grants the Company the right to use, copy, transmit, store, and back up their information and Content for the purposes of providing services, accessing the Application, using the Application, and other services provided under this Agreement. The Company has the right to sublicense third-party developers regarding the Content to provide the services.

5.5 The User has no right to copy, modify, reproduce, reverse engineer, decompile, or otherwise access the source code of the software on the Site or create derivative works from the Site. Any modification of the browser and contents related to the Site, or linking to or from the Site without the explicit permission of the Company is strictly prohibited.

6. LIMITATION OF LIABILITY

6.1 The Application, software, and other content within the scope of the Site are provided by the Company without any modification, in their original form, and the Company has no responsibility or commitment regarding the accuracy, completeness, and reliability of the Application, software, and content. The User understands and accepts that the Company does not guarantee the relationship between the Content and other User data.

6.2 The Company aims to ensure that the Application is accessible and usable 24/7, but does not guarantee the operability and accessibility of the systems providing access to the Application. The Company does not guarantee that (i) the www.dinamikcrm.com website will be error-free, uninterrupted, and secure or that the use of the Website or any content, search, or link on it will provide specific results; (ii) any files downloaded from the www.dinamikcrm.com website will be free of viruses or other contaminating or destructive features; (iii) the Company is not responsible for the actions, omissions, and behaviors of any third party, website users, advertisers, and/or sponsors in relation to the use of the website.

6.3 The Company takes reasonable measures for protection. However, it does not accept any responsibility for the possible consequences of User information falling into the hands of malicious persons and being maliciously used as a result of attacks on the Company’s computer network and the existing database information on this network.

6.4 The User accepts and declares that they may be directed to other websites and/or portals, files, or content that are not under the control of the Company through links on the Site and that such links do not serve as support for the website or the person operating the website or as a declaration or guarantee regarding the website or the information contained therein, and that the Company has no responsibility for the portals, websites, files, and content accessed through these links, or for the services or products or their content provided through these links.

6.5 The User accepts that the quality of the Application and access to the Applications offered through the Site largely depends on the service quality provided by the relevant Internet Service Provider, and that the Company has no responsibility for problems arising from the quality of this service.

6.6 The User is solely responsible for the content they upload and the use of the Site and Application. The User accepts and declares that they will not hold the Company responsible for any claims, demands, and liabilities that may be conveyed by third parties in relation to the use of the Site. In case of a possible violation, the Company will have no responsibility.

6.7 The Company is not liable for any direct, indirect, special, incidental, punitive, etc. damages, including but not limited to loss of profits, loss of reputation, expenses for obtaining substitute products and services, arising from the use of the Site. Additionally, the Company declares that it does not provide any express or implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose. www.dinamikcrm.com is not responsible for any damages arising from the actions of third parties related to the use of the Website.

6.8 The Company’s liability under this agreement is limited to the amount paid by the User for the services subject to this agreement until the date the relevant damage occurred.

7. TERM AND TERMINATION CONDITIONS OF THE AGREEMENT

7.1 This Agreement will enter into force with the User’s acceptance in an electronic environment and will remain in effect unless terminated as specified below by either party.

7.2 Either party may terminate this Agreement without any reason and without compensation by giving written notice to the other party’s email address one (1) week in advance.

7.3 If one of the parties fails to fully and properly fulfill its obligations under this Agreement and the other party does not remedy the violation within the given period despite written notice, this agreement may be terminated by the notifying party. In case of the violation by the User, the Company has the right to suspend the User status until the violation is remedied. If the User violates the applicable legislation, the Company may terminate the Agreement immediately with just cause.

7.4 The termination of the Agreement will not eliminate the rights and obligations of the parties accrued until the termination date.

7.5 Upon termination of the Agreement, the User will be responsible for all fees and expenses accrued until that day and will not be able to use the Site and Application as of the termination date. No refunds will be made by the Company in case of termination of prepaid memberships.

7.6 If the User account is inactive for 3 (three) months, the Company may terminate this Agreement.

7.7 In cases where 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 6 (six) months.

7.8 The Company has the right to store the Content in its databases as long as this Agreement is in effect. The User will be able to obtain the Content free of charge within 6 (six) months following the end of the membership period or the termination of this Agreement. The Company may charge a fee for requests submitted after this period. The relevant fees will be specified within the Application.

8. MISCELLANEOUS PROVISIONS

8.1 The invalidity, illegality, or unenforceability of any provision of this Agreement or any expression contained in the agreement will not affect the validity and enforceability of the remaining provisions of the Agreement.

8.2 This Agreement and its annexes are an integral whole. In case of any conflict between the Agreement and its annexes, the provisions in the relevant annexes will prevail.

8.3 Communication with the User will be established via the email address provided by the User to the Company or through the general information available on the Site. Communication via email will replace written communication. It is the User’s responsibility to keep their email address up-to-date and regularly check the Site for notifications.

9. DISPUTE RESOLUTION

This Agreement and its annexes are subject to the laws of the Republic of Turkey, and the Istanbul (Çağlayan) Courts and Enforcement Offices have exclusive jurisdiction for the resolution of any disputes arising from the Agreement.