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Mez eSoft Website Terms of Use

Please read these website terms of use carefully.

Welcome to the mez eSoft Website Terms of Use.

1. Parties

This User Agreement (“Agreement”) is concluded between BayPro Software (“Company”) and the person who registers as a user (“User(s)”) to the sites located at www.mezesoft.com (“Site(s)”), cloud-based ordering, customer relations and business management applications (“Application(s)”) accessed through the Sites or Mobile Applications. The Agreement shall enter into force upon acceptance by the User electronically and shall remain in force unless terminated by the parties in accordance with the procedures specified in the Agreement.

2. Subject and Scope of the Agreement

2.1 This Agreement is concluded by the User for the purpose of determining the terms and conditions regarding the use of the Application and the data uploaded by the User to the Application (“Content”) and the rights and obligations of the relevant parties.

2.2 The Application includes the mez eSoft CRM product offered by the Company to the Users. In this Agreement, the Application and the Site together shall be referred to as the mez eSoft CRM platform (“Platform”).

2.3. The terms of use, rules and conditions of use offered by the Company to the Users regarding the use of the Platform within the scope of the Site are also an annex and an integral part of this Agreement and constitute the entire rights and obligations of the parties together with the rights and obligations contained herein.

3. Rights and Obligations of the Parties

3.1 The User declares that he/she knows that he/she must approve 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 Platform. In case of any change in the information provided during the establishment of the User status, such information will be updated immediately. The Company is not responsible for the inability to access and utilize the Platform due to incomplete or untrue provision or outdated information.

3.2 The User declares that he/she has reached the age of 18 and has the legal capacity to enter into this Agreement. If the User accesses the Site on behalf of a business, the User accepts and declares that he/she has the necessary authorization. In this case, the rights and obligations related to the status of the User shall belong to the enterprise in question.

3.3 The User has the right to establish a single User account and it is prohibited to establish a second account by the User 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 to open a User account without any justification, subject to its sole discretion.

3.4 Access to the Website by the User shall be realized by using his/her e-mail address and password. The User shall be responsible for the protection of the confidentiality and security of this password, and all kinds of activities carried out with the use of such information through the Site shall be deemed to be carried out by the User, and all legal and criminal liability arising from these activities shall belong to the User. When the User becomes aware of unauthorized use of his/her password or any other breach of security, he/she shall immediately notify the Company.

3.5 The User agrees and undertakes that he/she will use the Application only for his/her activities in accordance with the laws, and that he/she will act in accordance with this Agreement, its annexes, applicable legislation and other terms and conditions stipulated on the Site and the Application regarding the Application. The User may use the Platform on behalf of a third party as long as the User is authorized to provide services to third parties. In this context, the User shall ensure that such persons also act in accordance with this Agreement and all other provisions applicable to them.

3.6 The User may authorize a third party as an “Authorized User” to use the Application from time to time. The identity of the Authorized User and the level of authorization within the scope of the Application shall be determined by the User. The User shall be responsible for the use of the Platform by the Authorized Users and shall always control the access of the Authorized Users to the Platform and may change the access level of the Authorized User to the Platform at any time and without any reason or cancel the access of the Authorized User. In the event of a dispute between the User and the Authorized User regarding access to the Platform, the User shall decide on the Authorized User’s access and level of access to the Platform or Content.

3.7 The Content shared by the User is the property of the User and all responsibility for the Content belongs to the User. The Company has the right to use the Content within the scope of the license provided to it by the User under this Agreement. The Company shall not be held liable for the Content or for any loss or damage that may be caused by the Content, and the Company shall have no responsibility for, but not limited to, compliance with the law, the accuracy of the Content, payment of invoices, collection, financial transactions and tax notification. It is the sole responsibility of the User to ensure compliance with the relevant legislation regarding financial transactions, tax and other issues. The User agrees that the Company may delete the Content from the Platform and its systems based on the requirements arising from the applicable legislation, especially financial regulations, and that the Company is not responsible for any damages that may occur in this context, including lost data.

3. 8 The User agrees that if the Company or the Platform is hosted by third parties, he/she will not engage in activities that may jeopardize the security and integrity of the computer and network systems of these third parties, will not use the Platform in a way or in a faulty manner that will prevent or damage the functionality of the Platform, the Application, the Site or other systems where services are provided or the functionality of other users who benefit from the Platform, and will not provide unauthorized access to the computer systems where the Platform is hosted or outside the scope of access granted to him/her, It accepts and undertakes that it will not transfer or upload files or unlawful Content (including copyrighted or trade secret Content and other materials that the User has no right to use) that will damage the computer systems, devices and software of the Company and third parties, and that it will not change, copy, adapt, adapt, reproduce, reproduce, create source code or reverse engineer the computer programs used in the provision of services or the operation of the Platform unless absolutely necessary for ordinary use.

3.9 The User agrees that the use of the Platform may be subject to restrictions, including monthly transaction and custody volumes. Such restrictions will be specified within the Platform.

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

3.11 The Company shall process, store and use the personal data shared by the User in accordance with the Personal Data Protection Law No. 6698 “KVKK” and the relevant legislation, the “Personal Data Clarification Text” and the “Personal Data Processing and Protection Policy”. The Company provides Users with cloud-based financial and business management applications accessed through the Platform. In this context, the Users are personally responsible for the Content they upload into these applications; In terms of this uploaded Content, the Company has the title of Data Processor in accordance with the KVKK. If the User requests to share the Content in his/her account, the Company has the right to share the Content with other users and business partners to provide requested services such as sending invoices, sharing payment information, payment reminder, online collection by credit card. The User agrees that he/she can share the Content in his/her account with other users, that he/she will be personally responsible for this sharing and that the Company has no responsibility and control over this sharing. The Company may use the User’s usage and transaction information, performance evaluations, marketing campaigns of the Company and its business partners, annual reports and similar transactions by anonymizing the data in question after storing the data for the required period.

3.12 In case of technical problems with the Application, the User shall make reasonable efforts to detect 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 Platform 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 Platform, the User declares and undertakes to use these communication tools only for lawful purposes. The User shall not use such communication tools to share materials outside the purpose of the Application, including the sale of products and services, e-mails sent without the consent of the other party, files that may damage the software and computer systems of third parties, insulting content for other users or any unlawful content. The User undertakes that he/she is authorized to do so in terms of any communication he/she makes through the Platform. The Company has no obligation to check the appropriateness of the communications made through the Platform or that they are intended for the purposes of use of the Platform. In respect of other web-based communication tools accessed through the Application or used in relation to the Application, the Company shall exercise the care that it is obliged to exercise when using the communication tools provided through the Platform. The Company has the right to remove the communication tools provided through the Platform at any time at its sole discretion.

3.14 The Company has the right to revise this Agreement and its annexes without any prior notice, and in the event that this right is exercised, the relevant change will enter into force with the next use of the Platform by the User. In the event that the User does not accept such changes, the User reserves the right to terminate this Agreement as specified below.

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

3.16 The User may delete the Content entered on the Platform at any time through the Platform. The User whose membership has expired shall not be able to access his/her account, except for the cases specified in Article 7.6.

3.17 In the event that the User acts in violation of this Agreement, other terms and conditions within the scope of the Platform and its declarations and commitments within this scope, the Company shall have the right to suspend the User’s membership or terminate the Agreement as specified below and terminate the user status in this way. In such a case, the Company reserves the right to claim the damages arising from such breach from the User.

3.18 The User acknowledges that mes esoft CRM has no responsibility for the GİB Portal / internet tax office usernames and passwords that he/she will enter in the relevant field in order to use any e-transformation product/service or to issue e-Archive Invoices even though he/she is not an e-Archive invoice payer, and that he/she enters this information knowingly and willingly. The User may delete the username and password entered at any time.

3.19 The User undertakes that he/she will not allow anyone else to use the private and confidential password, username, user code and similar access information given to the User regarding the use of the services provided by this service Agreement, and that he/she will take all necessary measures to prevent unauthorized access to this information and notify mez eSoft CRM as soon as possible. Mez eSoft CRM shall not be liable for any damages arising from the use of the private and confidential password, username, user code and similar access information given to the User under this Agreement or the GİB Portal / internet tax office passwords, E-Marketplace integration information and 3rd party integration information that the User already has.

4. Payment Terms

4.1 The User will only be able to benefit from the Application in return for full and complete payment of the fees declared on the Platform with the payment terms and means declared on the Platform.

4.2 The User will be able to use the Application without paying any fee for the period specified in the Platform. At the end of the trial period, the User’s membership will become a paid membership to be determined according to the type, service level, functionality, campaigns or contract period. Fees, payment terms and effective dates of the fees related to the Application will be announced in the relevant sections of the Platform. The User may upgrade or downgrade the membership package at his/her own discretion. Requests regarding this will be realized at the end of the relevant membership period unless otherwise stipulated by the Company. Changes to the fees and payment terms regarding the membership package during the User’s membership period will not be applied until the end of the User’s membership period, and new fees and payment terms will be valid with the start of the new membership period. No refund will be made in case of termination of membership for any reason, including termination of the Agreement during the membership period.

4.3 Unless otherwise requested by the User until 14 (fourteen) days before the end of the period, the User’s membership will be automatically renewed at the end of each period.

4.4 If the User receives a prepaid service from the Application, the invoice will be issued to the address specified when becoming a member following the payment and shared with the User as an electronic invoice. If the User receives a post-paid service from the Application, the User shall pay the relevant amount in the invoice within 7 (seven) days following the invoice date. The User is responsible for the payment of taxes and duties related to the relevant fees.

4.5 The Company or third parties approved by the Company will be able to store the User’s credit card, account and payment information in order to perform transactions related to the User’s membership and payment and updates regarding bank integration.

5. Intellectual Property Rights

5.1 All rights, title and interest on the Platform 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 Platform. Nothing in the Agreement, other terms and conditions regarding the Platform may be interpreted as transferring the rights and interests regarding the Platform 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 services. The Company has the right to sublicense the Content to third party developers for the provision of services.

5.2 The User shall not have the right to copy, modify, reproduce, reverse engineer, reverse engineer, decompile or otherwise access the source code of the software on the Site, or create a work of art from the Platform in any way and for any reason. It is strictly forbidden to change the browser and contents of the Platform in any way, to link to or from the Platform without the express permission of the Company.

5.3 The User shall not use the trade name, trademark, service mark, logo, domain name, etc. of the Company (or its affiliates) in any way.

6. Limitation of Liability

6.1 The Application, software and other content within the scope of the Platform are presented “AS IS” and in this context, the Company has no responsibility or commitment regarding the accuracy, completeness and reliability of the Application, software and content. The User also understands and accepts that the Company does not make any commitment regarding the relationship between the Content and other User data. The Company does not undertake that the use of the Platform is uninterrupted and error-free. Although the Company aims to make the Platform accessible and usable 24/7, it does not guarantee the operability and accessibility of the systems that provide access to the Platform. The User agrees that access to the Platform may be blocked or interrupted from time to time. The Company is in no way responsible for such blocking or interruptions.

6.2 The User acknowledges and accepts that the Platform may link to other websites and/or portals, files or contents that are not under the control of the Company and that such links are not intended to support the website or its operator or do not constitute a statement or guarantee of any kind regarding the website or the information it contains, and that the Company does not have any responsibility for the portals, websites, files and contents, services or products or their content accessed through such links.

6.3 The User accepts that access to and quality of the Applications and Applications offered through the Platform 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 the quality of such service.

6.4 The User is solely responsible for the content uploaded and the use of the Platform. The User agrees that he/she releases the Company from all claims and demands (including litigation costs and attorneys’ fees) that may be submitted by third parties regarding intellectual property violations, Content, use of the Platform.

6.5 To the extent permitted by applicable law, the Company shall not be liable for any direct, indirect, special, incidental, punitive damages arising out of the use of the Platform, including but not limited to loss of profit, loss of goodwill and reputation, expenses incurred for the provision of substitute products and services. In addition, the Company also declares that it does not give any express or implied warranty of any kind, including but not limited to implied warranty, merchantability, 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 within the scope of the services subject to this Agreement until the date the relevant damage arises.

7. Enforcement and Termination of the Agreement

7.1.1 All rights, title and interest on the Platform 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 Platform. Nothing in the Agreement, other terms and conditions regarding the Platform may be interpreted as transferring the rights and interests regarding the Platform 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 services. The Company has the right to sublicense the Content to third party developers for the provision of services.

7.1.2 The User shall not have the right to copy, modify, reproduce, reverse engineer, reverse engineer, decompile or otherwise access the source code of the software on the Site, or create a work of art from the Platform in any way and for any reason. It is strictly forbidden to change the browser and contents of the Platform in any way, to link to or from the Platform without the express permission of the Company.

7.1.3 The User shall not use the trade name, trademark, service mark, logo, domain name, etc. of the Company (or its affiliates) in any way.

7.2 Limitation of Liability

7.2.1 The Application, software and other content within the scope of the Platform are presented “AS IS” and in this context, the Company has no responsibility or commitment regarding the accuracy, completeness and reliability of the Application, software and content. The User also understands and accepts that the Company does not make any commitment regarding the relationship between the Content and other User data. The Company does not undertake that the use of the Platform is uninterrupted and error-free. Although the Company aims to make the Platform accessible and usable 24/7, it does not guarantee the operability and accessibility of the systems that provide access to the Platform. The User agrees that access to the Platform may be blocked or interrupted from time to time. The Company is in no way responsible for such blocking or interruptions.

7.2.2 The User acknowledges and accepts that the Platform may link to other websites and/or portals, files or contents that are not under the control of the Company and that such links are not intended to support the website or its operator or do not constitute a statement or guarantee of any kind regarding the website or the information it contains, and that the Company does not have any responsibility for the portals, websites, files and contents, services or products or their content accessed through such links.

7.2.3 The User acknowledges that access to and quality of the Applications and Applications offered through the Platform 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 the quality of such service.

7.2.4 The User is solely responsible for the content uploaded and the use of the Platform. The User agrees that he/she releases the Company from all claims and demands (including litigation costs and attorneys’ fees) that may be submitted by third parties regarding intellectual property violations, Content, use of the Platform.

7.2.5 To the extent permitted by applicable law, the Company shall not be liable for any direct, indirect, special, incidental, punitive damages arising out of the use of the Platform, including but not limited to loss of profit, loss of goodwill and reputation, expenses incurred for the provision of substitute products and services. In addition, the Company also declares that it does not give any express or implied warranty of any kind, including but not limited to implied warranty, merchantability, 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 within the scope of the services subject to this Agreement until the date the relevant damage arises.

8. Miscellaneous Provisions

8.1 The invalidity, illegality and unenforceability of any provision of this Agreement or any statement contained in it shall not affect the force and effect of the remaining provisions of the Agreement.

8.2 This Agreement is a whole with its annexes. In the event of any conflict between the Agreement and its annexes, the provisions contained in the relevant annexes shall prevail.

8.3 The User shall be communicated with the User via the e-mail they provided when registering or through general information on the Platform. E-mail communication shall replace written communication. It is the User’s responsibility to keep his/her e-mail address up to date and to check the Platform regularly for notifications.

8.4 In the interpretation of this Agreement and all Turkish law that may arise from this Agreement and its annexes; Bursa Courts and Enforcement Offices shall be valid.

9. Commercial Electronic Message

9. 1 The user is entitled to announce general/special opportunities about the products and services offered to him/her by mez eSoft CRM and its group companies, to be informed about current developments, to send messages for celebration purposes, to share content such as presentations and newsletters, to send commercial electronic messages and other messages to him/her in accordance with the relevant laws in order to promote and advertise, to send commercial electronic messages and other messages to him/her in accordance with the relevant laws, to share his/her contact information, identity information, The Company consents that marketing information is received for these purposes in order to carry out the sales of goods/services and advertising/campaign/promotion processes and that messages will be sent to it through the channel it prefers, that it can always change its communication preferences or stop the communication by rejecting the transaction specified in the messages received by it without any justification, and that commercial electronic messages and other messages are sent to it via SMS/text message, automatic call, telephone call, social media and online advertising networks, e-mail/email and other electronic communication channels in accordance with the law.

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