ATTENTION: Please read this Web Site Usage Agreement (“Agreement”) carefully before accessing to the Website.
Accessing to the Website and using the services of it indicates that Users accept that they are authorized to sign the transaction and they are over 18 years old. This also indicates that Users read and accepted the terms and conditions of this Agreement.
This Agreement grants rights and obligations to the parties. Hereby, the parties confirm, commit and approve to fulfill these obligations completely, correctly and on time, under the conditions of this Agreement.
ARTICLE 1 – PARTIES
This Agreement is signed between Fincloud Yazılım ve Danışmanlık Anonim Şirketi (“Company”) with the website www.infinitebalance.biz (“Website”) and the person who requests the Website services and logs in as a user (“User”). (Hereinafter the Company and the User will be called “Parties” together and “Party” separately.) Agreement will come into force and it will remain so unless Parties terminate the Agreement by following the procedure indicated in this Agreement.
ARTICLE 2 – SUBJECT OF THE AGREEMENT
This Agreement regulates the rights and obligations of the Parties related to the terms and conditions regarding the usage of the transaction and services accessed by the User upon the Website (“Applications”) and the data uploaded to the Website by the User (“Content”). In addition, terms, rules and conditions presented to the User by the Company are within the scope of this Agreement.
ARTICLE 3 – RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. User has to provide the information demanded by the Company in full, truly and up to date and to confirm and commit that User has to accept this Agreement in full to be able to access the Applications. If any change occurs regarding this information, User must update the information immediately. Company cannot be held responsible for the failure of access to the Website or to the Applications due to incorrect or incomplete information.
3.2. If the User reaches the Website in the name of a foundation or an institution, it must be confirmed and declared that the User has the authorization to do so. In this case, the User status and the rights and the obligations will belong to that foundation or institution.
3.3. Each User can create only one User account. Creating another account (using the same or different information) after Company suspended or closed the User’s account is forbidden. Company has the right to deny a User to create an account without any justification.
3.4. User can access the Website using an e-mail address and a password. User is responsible for the privacy and the security of this password. All the activities conducted with the e-mail address and the password on the Website will be assumed that have been conducted by the User. The User will be responsible for all the legal and criminal liability arising from these activities. If learning an unauthorized usage of the password or any other security violation, User must notify the Company immediately.
3.5. User confirms using the Website and the services of the Website for only legal purposes and acting in accordance with this Agreement, its appendix and the legislation in force. If the Company suffers a loss due to inconvenient usage, User will indemnify on written request. User can use the Website on behalf of a third party if authorized for providing service to third parties. In this case, User has to make sure that third parties are acting in accordance with the rules that are applied to the User. Otherwise, the Company can suspend, freeze and close the accounts.
3.6. Content is in the User’s ownership and the User holds responsibility for all of it. Company can use the Content that the User gives in accordance with this Agreement. Company is not responsible for the Content and the loss and damages that are caused by the Content. Company is not responsible for including but not limited to; compliance with laws, Content accuracy, bill payments, making collections, financial transactions and tax declaration. User is responsible for ensuring the regulatory compliance about financial transactions, taxes and other issues. Company can erase the Content from the Website system on legal ground, particularly the financial regulations. User accepts that the Company is not liable for the damages that occur due to erasing the Content, including data loss.
3.7. The User commits and confirms avoiding from the acts that can endanger Company’s or other Users’ computers and web systems’ security and integrity; avoiding using the Applications incorrectly or in a way that may damage other Users and prevent them from using the Website and Applications or in any way that can stop Applications, Website and other systems from working; not accessing to the computer systems that includes Applications or to the Applications beyond own authorization.
3.8. The User commits and confirms not uploading files that may damage the Website or Company’s and third parties’ computer systems, devices and software Content or not uploading Content or other materials against laws and the rules including the Content User does not have the right to use, protected with copyright or confidential due to its business characteristics; not changing, copying, adapting, augmenting, disassembling or making reverse engineering operations on the computer programs that runs the Website and helps for the services, as long as it is not an essential for the normal use of the Website.
3.9. The Company can restrict the User for the usage of the Applications including monthly transactions and storage volumes. These restrictions will be shown within the Applications.
3.10. The Company is not liable for the Content loss. The Company does not commit preventing Content loss even though Company is going to follow the necessary procedures for preventing it.
3.12. User must make a reasonable effort to solve a technical problem regarding Applications, before communicating with the Company. If the technical support need is not met, the necessary support will be given by the Website, Application or other proper tools.
3.13. The User confirms and commits using communication tools, provided on Website (forum or message center) within the frame of legal regulations. The User confirms and commits not using the mentioned communication tools or any other communication platform on Website for sales, or sharing files that can harm third parties’ software and computers; not sharing Content that insults other Users and not sharing materials that are not within the Application’s purpose, including Content which are illegal. The User must pay the same attention to the other web based communication tools that are related to the Applications or accessed through the Applications. The Company is not liable for controlling the mentioned communication if it is proper or in line with the Application’s usage purposes. In addition, the Company can terminate the usage of these communication tools provided on the Website, whenever necessary.
3.14. The Company may revise this Agreement and attachment at any time, without the necessity of prior notification. If the Company uses this right, amendments will become binding for the User with the first usage of the Application following the amendments. If not accepting the Agreement with the amendments made by the Company, the User can terminate this Agreement with the procedure stated below.
3.15. User cannot transfer or assign the contractual rights and obligations or the User account created in the Website to a third party.
3.16. Company has the right to suspend the User’s subscription or to end the User status by terminating the Agreement following the procedure mentioned below, if the User acts incompatible with the Agreement, its attachment, other terms and conditions and the confirmations and statements within them. In this case, Company may demand a compensation for the damages occurred due to the incompatible acts.
ARTICLE 4 – PAYMENT CONDITIONS
4.1. User must pay for the package purchased or subscribed for, as it is indicated in the Website in line with the procedure indicated in the Website to use the Applications.
4.2. Prices, campaigns, payment conditions and tools, effective dates of the prices regarding the Applications will be announced on the Website’s relevant parts. The User may upgrade or downgrade the subscription package if wanted. The Company will proceed with these demands until the end of the relevant subscription period. Changes on the prices and the payment conditions regarding the subscription package will not be applied until the User’s subscription period ends. New prices and payment conditions will be binding after the new subscription period begins. Besides, if the subscription is terminated for any reason during the subscription period, there will be no repayment.
4.3. In case the User subscribes to a package, the User’s subscription will be renewed automatically unless User demands otherwise until the 14 (fourteen) days prior to the end of the period. This clause will not be valid for the Users who will only buy the package.
4.4. The Company will send the bill of the payment or bill of the usage fee to the contact addresses provided by the User, in the beginning of the User’s subscription period or following the package purchase (if there is a package purchase). The User shall pay the price stated on the bill within 14 (fourteen) days following the date of the bill if there is a package purchase. User shall pay the taxes and the fees arising from the relevant prices.
4.5. The User must keep the bank receipts and the bills after the payment is done. The Company may request these receipts and bills from the User, if necessary. If not submitted, the User has the burden of proof to show that the payments have been made.
ARTICLE 5 – INTELLECTUAL PROPERTY RIGHTS
5.1. The Company has all the benefits and ownership rights on the Website and the Applications. This Agreement grants the User a personal, worldwide, royalty-free, unassignable and non-exclusive license. None of the articles related to the Website in this Agreement and the conditions may be interpreted as the benefits and the rights related to the Website and Applications have been transferred to the User.
5.2. The User grants all the rights of using, copying, forwarding, keeping the Content and information, provided to the Company for the usage of the Applications. Accordingly, Company may grant sub-license to the third party developers to provide services.
5.3. User does not have the right to create any work from the Website, copying, presenting, changing, multiplying, disassembling in various ways, decompile making reverse engineering operations on the Website or the Applications or changing the browser and Content within any way. It is strictly forbidden to give link to or from the Website without the Company’s clear consent. Website may not be used in another website partially or completely without permission.
5.4. User may not use including but not limited to: trade name, trademark, service mark, logo, field name and any other data of the Company or an affiliated company.
ARTICLE 6 – LIMITATION OF LIABILITY
6.1 Company does not accept any responsibility or guarantees regarding the truth, integrity or trustworthiness of any Application, software or any other form of Content which can be found on the Web site, or regarding any Content or the relationship between the data of other Users. The Company aims to keep applications accessible and useable 24/7, however does not commit the viability of the systems which allows connection to the Applications or does not commit that the usage will be flawless or uninterruptable during the usage. The User confirms and commits that connection to the Application’s may be blocked on various occasions or the connection might be severed. The Company uphold no responsibilities on the said blockage or interruptions.
6.2. The Company may provide links through the Website to any other internet sites or portals, files or content which are not within its control. The User commits and confirms that these kinds of links do not serve the purpose of supporting the internet site or its running individual nor is a form of guarantee of the information found in the destination web sites, and that Company hold no responsibility for the Content found in the destination internet sites, portals or files of these links.
6.3. The User confirms and commits that the connection quality of the Applications in the Website are highly related to the internet service provider and the problems arising from the quality level of such, shall not be within Company’s responsibility.
6.4. The User is exclusively responsible for the Content he/she downloads to the Web site and the usage of the Site and the Applications. The User commits and confirms that the Company is not responsible for any form of demand from any third party individuals including litigation expenses or counsel’s fee regarding intellectual property violations, Content of applications or the usage of the Web site, and confirms that the Company holds the right to revoke e to the User.
6.5.The Company shall not act as an arbitrator for disputes arising from the Applications and Content between the Users.
6.6. The Company is not responsible for any form of loss (direct, remote, sanction) within the scope of governing law including but not limited to; profit or reputation loss, and expenses for substitute products and services regarding the usage of the Website. In addition to this, Company gives no form of guarantee regarding commercial or any other form of feasibility. The Company’s responsibility regarding the Agreement herein shall be limited to the amount paid for the services subject to this Agreement up until the time the loss has occurred.
ARTICLE 7 – VALIDITY AND TERMINATION OF AGREEMENT
7.1. Agreement herein shall become valid upon User’s confirmation through electronic environment and shall remain in force unless it has been terminated following the procedure in this Agreement. As the subject matter of this Agreement is related to the replicable software and programs and services delivered through electronic environment or non-material goods delivered to the consumer, User does not possess the right to retract arising from the Consumer Protection Law.
7.2. If any of the parties fail to fulfil his/her obligations arising from Agreement herein partially or wholly, and fails to cure this breach in given time following the written notification of the other Party, notifying Party will have the right to terminate the Agreement. If such breach is caused by the User, Company may put the User status on hold until the breach has been removed. In any case whereas the User violated the legal provisions in force, Company may terminate the Agreement with just cause effective immediately.
7.3 Termination of this Agreement shall not terminate any rights of obligations arising out of this Agreement before its termination. As of termination of this Agreement, User shall be responsible for every fee and payment arising from the Agreement and shall not use the Site or Applications thenceforth. Company shall not refund any form of prepayment in the case of termination of subscription.
7.4 User’s account being inactive for 3 (three) months, shall entitle the Company the right to terminate Agreement herein.
7.5 If the user account hasn’t been banned for legal purposes and if the Company hasn’t terminated the Agreement, it shall have access to the content for 6 (six) months for solely readability purposes.
7.6 As long as Agreement herein is in force, Company hold the right to store the Content within its database. User may reach the Content free of charge within 6 (six) months of ending of his/her subscription or the termination of the usage right determined herein. Related fee shall be announced within the scope of Application.
ARTICLE 8 – FORCE MAJEURE
If the fulfilment of the obligations arising from the Agreement becomes impossible due to an event of; natural disaster, fire, explosions, civil wars, wars, uprisings, civil movements, civil mobilization, strikes, lockouts, infectious diseases, infrastructure and internet technical difficulties, power outage (shall be named “Force Majeure” below) which isn’t controllable by the parties, the parties shan’t be held responsible. During this period, rights and obligations arising from the Agreement herein shall be taken on hold.
ARTICLE 9 – INTEGRITY AND APPLICATION OF THIS AGREEMENT
If one of the articles of Agreement herein becomes partially or wholly invalid, rest of the Agreement shall remain in force.
ARTICLE 10 – NOTIFICATIONS
Any notification sent to the parties of Agreement herein shall be sent through the known e-mail address of the Company and the e-mail address written in the User’s Website. User confirms and commits that the e-mail written when becoming a subscriber is the valid notification address and in any case of changing the address shall be notified to the other Party in written form within 5 (five) days or else notifications sent to the previous address shall be deemed valid.
ARTICLE 11 – EVIDENCE AGREEMENT
Parties commit and confirm that the Agreement’s corporate books, records, documents and computer records and fax records are to be deemed as evidence according to Civil Procedure Law numbered 6100, and that User will not object to these records.
ARTICLE 12 – DISPUTE RESOLUTION
İstanbul (Çağlayan) Courts of Justice shall be authorized and Turkish Governing Law shall be in force for any dispute arising from the application and interpretation of Agreement herein.