User Agreement and Privacy

User Agreement

Article 1. Parties

This User Agreement (“Agreement”) is concluded between KURUMSAL YAZILIM A.Ş. (“Company”) and the person who registers as a user (“User(s)”) to the sites located at www.harmonyerp.cloud (“Site(s)”), cloud-based finance 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.

Article 2. Subject and Scope of the Agreement

2.1 This Agreement is concluded by the User in order to determine 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 covers the HarmonyERP Cloud products offered by the Company to Users. In this Agreement; the Application and the Site together shall be referred to as the HarmonyERP Cloud 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 integral part of this Agreement and constitute the entire rights and obligations of the parties together with the rights and obligations contained herein.

Article 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 the event of any changes to the information provided at the time of the establishment of user status, such information will be updated immediately. The Company shall not be liable for any failure to access and utilize the Platform due to incomplete or inaccurate provision or outdated information.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 is accessing the Site on behalf of a business, the User accepts and declares that he/she has the necessary authorization for this. In this case, the rights and obligations related to the User status will belong to the enterprise in question.

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

3.4 Access to the Site by the User shall be realized by using his 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. The User shall notify the Company immediately upon becoming aware of any unauthorized use of his/her password or any other breach of security.

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 in relation to 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 (“Authorized User”) to use the Application from time to time. The identity of the Authorized User and the authorization level within the scope of the Application will be determined by the User. The User shall be responsible for the use of the Platform by Authorized Users and shall at all times control the access of Authorized Users to the Platform and may change the level of access of the Authorized User to the Platform or revoke the access of the Authorized User at any time and without any reason whatsoever. 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 to the Platform or the Content and the level of access.

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 under 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 on financial transactions, tax and other matters. 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 shall not engage in activities that may jeopardize the security and integrity of the computer and network systems of third parties in the event that the Company or the Platform is hosted by third parties, shall 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 shall not provide unauthorized access to the computer systems where the Platform is hosted or outside the scope of access granted to him, 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 acknowledges that its use of the Platform may be subject to restrictions, including monthly trading and custody volumes. Such restrictions will be specified within the Platform.

3.10 The User shall retain copies of the Content uploaded to the Application. Although the Company complies with the necessary policies and procedures to prevent data loss, it 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, 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 reminders, online collection by credit card. The User agrees that he/she may 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 will be able to 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 identify 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 illegal 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, it shall exercise the same care as it is obliged to exercise when using 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. If 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 in the cases provided for 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 violation from the User.

Article 4. Payment Terms

4.1 The User will be able to benefit from the Application only 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 for the period specified in the Platform without any fee. 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 for the Application, payment terms, effective dates of the fees will be announced in the relevant sections of the Platform. The User will be able to upgrade or downgrade the membership package at his/her own discretion. Requests for this will be made 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 effective 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 on the invoice within 7 (seven) days following the invoice date. The User is responsible for the payment of taxes and fees 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.

Article 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 of the Platform may be interpreted as transferring the rights and interests related to the Platform to the User. Within the scope of this Agreement, the User 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 purpose of providing 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, and to link to or from the Platform without the express permission of the Company.

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

Article 6. Limitation of Liability

6.1 The Application, software and other contents 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 understands and agrees that the Company also 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, the Company 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 It accepts and declares that links may be provided to other websites and/or portals, files or contents that are not under the control of the Company through the Platform and that such links do not constitute a statement or guarantee of any kind in support of the website or its operator or for 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 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 shall not be liable 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 to release the Company from any and all claims and demands (including legal costs and attorneys’ fees) that may be submitted by third parties regarding intellectual property infringements, 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 incurred as a result of the use of the Platform, including but not limited to items such as loss of profit, loss of goodwill and reputation, expenditure for the provision of substitute products and services. In addition, the Company further represents that it makes no warranties of any kind, express or implied, including, but not limited to, implied warranties, 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 of the relevant damage.

Article 7. Enforcement and Termination of the Agreement

7.1 This Agreement shall enter into force upon acceptance by the User electronically and shall remain in force unless terminated by either Party as set out below.

7.2 Either party may terminate this Agreement at any time without giving any reason and without compensation by giving 14 (fourteen) days prior written notice to the electronic mail address notified by the other party.

7.3 In the event that one of the Parties fails to fully and duly fulfill its obligations arising from this Agreement and the breach in question is not remedied within the given period despite the written notification to be made by the other party, this Agreement may be terminated by the party making the notification. In the event that such breach is committed by the User, the Company shall have the right to suspend the User status until the breach is remedied. If the User violates the legislation in force, the Company may terminate the Agreement for just cause with immediate effect.

7.4 Termination of the Agreement shall not terminate the rights and obligations of the Parties arising until the date of termination. Upon termination of the Agreement, the User shall be liable for all fees and expenses incurred up to that date and shall not be able to use the Platform as of the date of termination. In case of termination of prepaid memberships, no refund will be made to the User.

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

7.6 In cases where this Agreement is terminated, the User may request access to the Content within the first 6 (six) months unless it is blocked for legal reasons.

7.7 The Company has the right to store the Content in its databases as long as this Agreement is in force. Within 6 (six) months following the expiration of the User’s membership period or this Agreement, the User will be able to receive the Content free of charge. The Company may charge a fee for such requests submitted after the expiration of this period. The relevant fees will be specified in the Application.

Article 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 will be contacted via the e-mail they provided when registering or through general information on the Platform. E-mail communication will 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 Turkish law shall be applicable in the interpretation of this Agreement and all arising out of this Agreement and its annexes; Istanbul Courts and Enforcement Offices shall be valid.

Article 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 HarmonyERP Cloud and its 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 in accordance with the relevant laws for the promotion and advertisement of 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.

CONDITIONS OF CONFIDENTIALITY

GENERAL

Your use of this Website and the services contained on it (“Services”) means that you have read and accepted the Privacy Terms (“Privacy Terms”) and rules of KURUMSAL YAZILIM A.Ş. (“KURUMSAL YAZILIM”) Website. If you believe that you cannot fulfill the obligations set forth in the Privacy Terms, do not use this Website or Services. A special set of additional terms and conditions may apply to the use of, or interaction with, certain locations on the Website.

MONITORING/CHANGING CONFIDENTIALITY CONDITIONS

KURUMSAL YAZILIM (“Site Owner”) reserves the right to make changes to the Privacy Terms or to impose additional conditions at any time without prior notice. Changes will be presented on this page to make you aware of the nature of the information collected during use, how it is used, in which cases this information is shared with Third Parties and all necessary privacy conditions. Since the Site Owner reserves the right to make changes to the Privacy Terms, it is the User’s responsibility to regularly follow and read the Privacy Terms. Use of this Website and Services after any such modification constitutes acceptance of the changes to the Privacy Terms.

OPEN SYSTEM

Users; (The term “User” is used as a general definition that refers to everyone who enters the Website, including members, if any), the internet environment is not a reliable environment, communication on the internet is risky, personal information, passwords, etc. The Company acknowledges and accepts that all kinds of information, including any information, may be the addressee of unlawful acts of Third Parties. The Website Owner makes no warranty that the Website is secure or that it is free from malicious activity.

USER INFORMATION

Any content and personal information (including, but not limited to, any writings, documents, music, advertisements, advertisements, advertisements, opinions and thoughts communicated, any content containing sound or text or moving / still images) placed, transmitted or sent by the User on the Website and Services through this Website and Services The user is responsible. Users represent and warrant that any information they transmit/send to the Website and Services is reliable, accurate, does not violate the rights of Third Parties, and does not violate the law. The Site Owner reserves the right to completely or partially remove or block access to content placed on the website by Users, which it believes to cause any damage or burden to other Users or Third Parties, or content that is contrary to legislation, international legal documents. However, there is no obligation in this respect.

USERNAME AND PASSWORD

The Site Owner may condition the use of some Services and sections on Membership / Registration. During registration, the User may be given a name and password or the User may be asked to create a name and password. The User is directly responsible for the protection of the username and password, any misuse or unlawful use thereof and any unauthorized use thereof. The Services, access to which is subject to a membership requirement, can only be accessed with a password. The User is responsible for creating the password in a more secure way by using special numbers, letters and characters or making the necessary changes for this purpose. All transactions made using the membership name and password are the responsibility of the User. In the event that the Member name and password are lost or seized by unauthorized Third Parties or in the event of a situation that threatens the security of the Member, the Website/Site Owner shall be notified immediately.

INFORMATION PROTECTION

The Site Owner makes maximum efforts for the security of all pages on the Website. A wide range of technical and managerial practices are utilized to protect the confidentiality, security and integrity of the data stored on the website.

THIRD PARTY WEBSITES

This Website may contain and link to/link to/inform to parent and child websites operated by Third Parties that the Website Owner does not operate or control the operation of. The Site Owner does not have any guarantee or special commitment regarding the content, security, privacy policies and the continuous provision of communication regarding these websites accessed. Liability is subject to the conditions written on the sites of Third Parties. The security and privacy conditions on these sites should be read before any transaction is made. The Site Owner cannot be held responsible for the personal information provided to such sites, the content and services utilized from these sites or the privacy policies and practices of these sites.

WEBSITE UTILITY PROGRAMS

The use of utilities may be required for the User to make use of some of the Services offered by the Website or the Website. If these Services/Website are utilized, data relating to the manner and extent of the use of the Service may be recorded in the Website database. Likewise, in order to make it easier for you to use the Services, some “cookies” may be used, through which some information may be sent to the User.

PERSONAL INFORMATION

Personal information such as name, surname, address/location, IP information, e-mail address, telephone number, e-mail address, etc. are/may be provided and recorded on the Website in order to visit and use the Website or to benefit from any Service. The User is deemed to have accepted that he/she has disclosed this information, taking into account that the personal information he/she has given/disclosed/recorded will be open to the Site Owner and that every information and content he/she discloses and saves on the Website loses its confidentiality against the Site Owner. If the user chooses to share his/her personal information with other users or Third Parties, the user is deemed to have accepted that every information and content he/she saves/transmits loses its confidentiality against other users and Third Parties.
The Site Owner may classify and store the information provided by the User and the recorded content in its databases, use and process it in accordance with the purposes of the Website, the business in the field of activity of the Site Owner and the Services, transfer it domestically or abroad in accordance with the legislation, and benefit from the data in the database as it wishes. The User has expressly authorized the Site Owner in this regard. The Site Owner has the right to make use of the Website activity information, access tools and browser information as it wishes.
Sensitive Information: The Site Owner does not request any sensitive information such as racial and ethnic identity, religious / political / philosophical thought, physical or mental health and characteristics from Users in any way and absolutely; unless required by law. The Site Owner is not responsible for the fact that this information has been provided and recorded.

The permission you give regarding your personal data, to serve you; promotional activities of the Services, Site Owner, members, Third Parties; legal requirements, etc. also includes authorization to use in cases.

COMMERCIAL COMMUNICATION

CORPORATE SOFTWARE may send electronic messages or commercial electronic messages to the Website or to the contact address that has been transmitted to it or somehow recorded/registered. You are deemed to have given your prior consent/approval to the sending of the electronic message to be sent via any electronic communication, whether commercial or not. You can always exercise your right to revoke the permission/consent you have given and to reject commercial electronic messages. Rejection requests will be processed by CORPORATE SOFTWARE within ten (10) business days at the latest. Rejection paths are shown in electronic messages whose sender is CORPORATE SOFTWARE.

VIOLATION OF CONFIDENTIALITY CONDITIONS

The Site Owner reserves the right (but not the obligation) to suspend, terminate, cancel the Users’ access to the Website and Services without prior notice, as well as the right to refuse, remove, delete information available in the system in case of non-compliance with the Privacy Terms or any attempt to violate the rules, whether or not the violation is fully realized. This rule also applies to any indirect breach or attempted breach of the Terms by the User.

INFORMATION AND CONTACT

If you have any questions about the privacy policy of harmonyerp.cloud, please write to [email protected] for more information.