Article 1. PARTIES Cumhuriyet mahallesi şehit hüseyin özdemir sokak no:27..ŞANİNBEY/GAZİANTEP/TURKEY.(hereinafter referred to as “MepiApp” for short) and the person or company that will purchase the right to use the content management system and mobile application (referred to as “CUSTOMER” for short).
Article
2. SUBJECT OF THE CONTRACT
This agreement includes the 1 (one) year rental of the content management system and ready-made mobile application package software prepared by MAPIAPP for the preparation of the contents of the mobile application to be published by the CUSTOMER on the APPLICATION NAME specified by the CUSTOMER, its hosting on the internet and the hosting conditions, and service provider services. It determines the qualifications and limits of after-sales services. With the entry into force of this agreement, the parties accept and declare that the transactions to be carried out will be carried out in accordance with the principles and provisions specified in this agreement, and that the Turkish Commercial Code and relevant legislation are valid for matters not regulated in the agreement. Partial invalidities that may arise in the contract do not negate the validity of the remaining part of the contract.
Article
3. RENTAL PRINCIPLES
3.1. MOBILE APPLICATION software is rented for a certain period of time and can only be hosted on MAPIAPP’s servers. CUSTOMER cannot request that the rented MOBILE APPLICATION software be installed on a server of its own.
3.2. After purchasing the service, the CUSTOMER used the 7-day trial version and committed to continue renting by fully experiencing and liking the service. CUSTOMER declares and undertakes that it cannot rely on errors and/or defective goods claims and that it has made the necessary inspections about the product.
3.3. Software rental and contract validity period is 1 (one) year. The license date starts with the purchase date. The service period cannot be extended in cases of interruption, delay or similar caused by the CUSTOMER. CUSTOMER is obliged to eliminate all malfunctions such as software, computer and operating system that may occur in his/her area of use.
3.4. At the end of the rental period, if the renewal fee is not paid by the CUSTOMER within 7 (seven) business days, MAPIAPP terminates the contract unilaterally without the need for warning and stops access to the software.
3.5. The MOBILE APPLICATION is rented together with various “READY WEBSITE” designs prepared in content management and software content. These designs are not prepared specifically for the CUSTOMER, and the CUSTOMER does not have copyright or design rights on these designs, and cannot demand that the design or software be given to him at the end of the rental period. All license rights available in the MOBILE APPLICATION system belong to MAPIAPP.
3.6. CUSTOMER can use the SPECIAL DESIGN option if he wishes. If the CUSTOMER prefers a CUSTOM DESIGN, MAPIAPP accepts, declares and undertakes that it will not offer the specified design to another customer during the rental period. At the end of the rental period, the CUSTOMER may request the drawings and codes of the SPECIAL DESIGN for which he/she has paid the fee. In this case, MAPIAPP will use the raw codes (HTML / Javascript / CSS without MOBILE APPLICATION integration) of the PRIVATE DESIGN and the drawing, if any.
is obliged to present the file to the CUSTOMER, however, it is the CUSTOMER’s responsibility to reinsert the contents prepared using the MOBILE APPLICATION into these codes.
3.7. CUSTOMER accepts that the CUSTOM DESIGN prepared at the end of the rental period can be included among the MOBILE APPLICATION designs, even if the CUSTOMER uses the CUSTOM DESIGN option. MAPIAPP will have the right to make ÖZEL TASARIM available to other customers after the end of the rental period.
3.8. MAPIAPP always takes and stores only the last 1 (one) day backup of the CUSTOMER’s content. If the CUSTOMER does not want to renew the contract at the end of the rental period, the data will be completely deleted from the servers within 7 (seven) days from the end of the rental period.
3.9. CUSTOMER cannot rent, transfer, share or share the software rental services received from MAPIAPP with this agreement, and its rights and responsibilities arising from this agreement, to third parties under any circumstances, without the prior express written consent of MAPIAPP. Violation of this article gives MAPIAPP the right to unilaterally terminate the contract without refund.
3.10. CUSTOMER is obliged to use MAPIAPP to publicly disclose that the CUSTOMER is a user and customer of MAPIAPP and therefore the MOBILE APPLICATION, without any limitation or the need for the CUSTOMER’s prior permission, to use the CUSTOMER’s name and logo in its own advertisements and promotions (in reference sections, printed, periodicals). / indefinitely or in all kinds of digital advertising media) and to keep the MOBILE APPLICATION logo, link and brief information about the service permanently at the bottom of the website of the relevant DOMAIN NAME. If the CUSTOMER wishes, he can cancel the right of MAPIAPP to have a logo at the bottom of the site, which he has gained with this article, by selecting the REMOVE SIGNATURE option and paying the fee, but this option does not allow MAPIAPP to waive other promotional rights.
3.11. The software rental service is hosted on MAPIAPP’s servers and no one other than MAPIAPP has the authority to access or interfere with FTP access, source codes, database. MAPIAPP has control and access to the software source codes and database and all rights are reserved. CUSTOMER does not have any rights other than the right to benefit from the source codes and database in return for rent. He cannot demand that the codes or database be given to him. He cannot share it with third parties and cannot take it himself in any way.
3.12.The name / MapiApp information declared by the CUSTOMER in the order form they fill out on the MAPIAPP website must be the same as their identity / tax information. MAPIAPP has the right to terminate the service if it detects orders placed with fake or different persons’ information. In this case, no refund will be made for the service provided.
3.13 CUSTOMER accepts and declares that the design copyright of the Mobile Application created using the MOBILE APPLICATION software belongs to MapiApp. For this reason, the design of the Mobile Application prepared using the MOBILE APPLICATION system cannot be transferred to another server by copying the HTML, Javascript and CSS codes and graphics that are part of the design, or by copying the Mobile Application and similar techniques or programs. CUSTOMER accepts and declares that this action is a copyright violation and all compensation and legal responsibilities arising therefrom.
Article
4. PRIVACY POLICY
4.1 CUSTOMER’s Personal and MapiApp invoice and invoice delivery information may be used by MAPIAPP for communication processes. This information may be shared with the intermediary institutions providing communication.
4.2 Personal and statistical data obtained from MapiApp Information (Browser type, geographical location, age, gender, etc.) can be used to improve the application and to have more information about its consumers in general. All rights on such statistical data obtained belong to MAPIAPP.
Article
5. LEGAL PRINCIPLES
5.1. As of the entry into force of this agreement, the receivables and debts of both parties that will arise as a result of all kinds of goods, services and other commercial relations will be carried out as mutual current accounts in the official books. This agreement has the force of a separate CURRENT ACCOUNT CONTRACT with all its details, without the need for a separate agreement. The parties declare that there is a current account agreement between them and that the relevant provisions of the Turkish Commercial Code are valid for matters not included in this agreement. In case of any dispute, MAPIAPP’s commercial books and documents are deemed to be essential and correct.
5.2. Both parties will act in accordance with general commercial laws, morals and principles, protect their mutual interests in good faith and carry out their commercial activities entirely under the T.R. accepts and undertakes that it will continue its activities in accordance with the commercial law system.
5.3. In all legal disputes regarding the contract, Turkish Law applies and Turkish courts are competent. Whether the CUSTOMER is based abroad or the domain name allocation originates from abroad does not affect the validity of Turkish Law.
5.4. The parties accept, declare and undertake to comply with the provisions of the Law on Intellectual and Artistic Works, the Decree Law on the Protection of Trademarks, the Turkish Commercial Code, the Decree Law on the Protection of Patent Rights, the Turkish Penal Code and other relevant laws.
5.5. MAPIAPP cannot be held responsible for any legal changes and regulations that may occur against the CUSTOMER due to any legal regulation.
5.6. MAPIAPP is not responsible for the parts and contents of the MOBILE APPLICATION software that belong to the user and must be filled and managed by the user. All content within the internet domain name subject to the contract is prepared, entered and published by the CUSTOMER, therefore all content is the responsibility of the CUSTOMER. CUSTOMER can have their content entered by MAPIAPP by purchasing CONTENT ENTRY SERVICE from MAPIAPP. Even in this case, all content to be published is the CUSTOMER’s responsibility.
5.7. The CUSTOMER is responsible for any content that belongs to the CUSTOMER and constitutes a crime by law, and MAPIAPP does not have any content monitoring responsibility. In accordance with Article 9 of Law No. 5651, unfair or criminal content belonging to the CUSTOMER may be removed from publication without the need for a separate warning to the CUSTOMER, or the website may be completely closed when necessary. If this right arising from Law No. 5651 is used by MAPIAPP, the CUSTOMER cannot claim any rights or compensation regarding the removed content. However, if a legal document (court order, etc.) is submitted to MAPIAPP stating that the content does not need to be removed, the content will be published immediately.
5.8. Similarly, in cases of violations of “Trademark and Patent Rights” protected by Decree Law No. 565, MAPIAPP has the authority to take the measures listed in Article 5.7.
5.9. The real person who approves this agreement on behalf of the CUSTOMER company is also personally responsible against all legal regulations. The fact that the legal owner of the domain name subject to the contract and the person approving the contract are different persons does not remove all legal responsibilities of the CUSTOMER.
5.10. If the CUSTOMER is exposed to malicious attacks such as SYN, DDOS, GET and similar attacks that damage the server or other customers in any way or send SPAM or similar malicious attacks during the use of the MOBILE APPLICATION software (even if the damages are caused by third parties), MAPIAPP usage period After making the fee and necessary usage deductions (at least 50% of the contract amount), the company has the right to terminate the entire service partially and completely by refunding the remaining balance to the customer. The rights to determine the required usage deduction amount are reserved within the good faith rules of MAPIAPP.
5.11. CUSTOMER’s attack types specified in Article 5.10 and all kinds of cyber crimes even if not listed; Only the person who committed the act is responsible for any tort caused by third parties. MAPIAPP cannot be held responsible in any way for cybercrimes caused by third parties and for direct or indirect damages arising from these crimes, and in these cases, it cannot be claimed that MAPIAPP has not fulfilled its contractual obligations.
5.12. MAPIAPP may make temporary interruptions in the service it provides during the one-year rental period, not exceeding 120 hours at a time, due to technical maintenance and updates. The CUSTOMER accepts these deductions in advance. MAPIAPP will take care to carry out maintenance and update works between midnight and 08:00 in the morning, as long as technical reasons allow.
5.13. MAPIAPP may make the necessary changes in its technical requirements, market research, sales policies, package contents and service content as a result of research activities, without customer approval.
5.14. If the CUSTOMER who signs the contract pays the price arising from the contract by credit card, he/she is personally responsible for the accuracy and legality of this credit card and personal information. If, for any reason, MAPIAPP cannot collect payment from the credit card provided or if the collected amount is objected to, MAPİAPP suspends the service it provides until the rental fee is paid and the contract period is not interrupted during the suspension of the service.
5.15. Exceptions that the CUSTOMER cannot sell or present using the MOBILE APPLICATION system (due to MAPIAPP policy and causing attacks that cause damage to other users and causing criminal liability against MAPIAPP): Products containing child abuse, sexual toys and products, pornographic publications, weapons and Explosive products, pharmaceutical or healthcare products that are not approved by the Ministry of Health, products related to perverted religious beliefs, products specific to law enforcement and military forces and whose sale is subject to administrative permission, (including agricultural products), poisonous products and live animals that are prohibited for sale, social media follower sales, IVR and chat lines services, detective work, tracking services, spyware and environment listening and recording products and software, forex and derivative profit sharing distribution organizations, all kinds of products contrary to laws, regulations and circulars and MOBILE APPLICATION products contrary to company principles. cannot be sold or exhibited. Upon determination that these products are included in the system rented to the CUSTOMER as content or as goods sold through the system, MAPIAPP terminates the service it provides, without refund or charge.
5.16 MAPIAPP may refuse, cancel, terminate, suspend, lock or deny access to (or control over) any Account or Service without notice for any reason (at MAPIAPP’s sole discretion), including but not limited to: )
has the right to change (including the right to cancel or transfer any domain name registration):
(a) To correct errors made by MAPİAPP while providing or providing the Service (including domain name registration),
(b) to protect the integrity or stability of any domain name registration or domain registrar and to correct errors made;
(c) to support our efforts to detect and prevent fraud and abuse,
(d) to comply with court orders and applicable local, state, national and international laws issued against you and/or your domain name or Mobile Application,
(e) to comply with law enforcement requests, including court orders,
(f) to comply with objection resolution procedures,
(g) to defend against any legal action or threat of legal action, whether ultimately justified or unjust,
(h) To avoid civil or criminal liability related to MAPİAPP, MAPİAPP officers, directors, employees, agents and business partners (including, but not limited to, situations in which you sue or threaten to sue MAPİAPP) or MAPİAPP’s business activities To respond to a large number of complaints regarding the content on your Mobile Application or your Account or domains that may cause damage to the reputation or stakeholders. MAPIAPP expressly reserves the right to review all Accounts for excessive space and bandwidth usage and to cancel or charge additional fees for Accounts that exceed permitted levels.
Article
6. RENTAL, RENEWAL FEE AND CONDITIONS
6.1. The rental, renewal and additional service fees of the MOBILE APPLICATION software, customized according to the CUSTOMER’s needs, are specified during the online ordering stage, and the order information is sent to the CUSTOMER’s e-mail address.
6.2. MAPIAPP reserves the right to change the features and prices of the MOBILE APPLICATION software. MAPIAPP publishes possible price and feature changes on its website. CUSTOMER can follow the software price information and changes through the “customer panel” on the MOBILE APPLICATION official website with the user information created during the ordering phase. CUSTOMER hereby accepts and undertakes to pay the differences that may arise from price changes with the renewal price. The periods are clearly stated and the customer is obliged to follow these periods. CUSTOMER cannot claim compensation from MAPIAPP for such situations that may occur.
Article
7. MOBILE APPLICATION SOFTWARE BASIC FEATURES AND TECHNICAL CONTENT
7.1. MOBILE APPLICATION software is an internet-based software prepared by MAPIAPP, which includes READY DESIGNS and allows users to quickly and easily install a Mobile Application.
7.2. Although the content creation features in the MOBILE APPLICATION software are free of charge, some sectoral features and designs are offered for an additional fee.
7.3. MOBILE APPLICATION software basic technical package is stated in detail on the Prices Page. E-Mail account (cannot be used for spam/advertising purposes and a maximum of 50 e-mails can be sent per hour.),
Each E-Mail to be used on MAPIAPP servers can have a maximum of 250 MB Disk Space to be used from the web disk space.
Article
8. ADDITIONAL (PAID) SERVICES
8.1. Any features that are not included in the MOBILE APPLICATION software can be specially prepared upon CUSTOMER request and based on MAPIAPP price offer approval. MAPIAPP can include these prepared features in its system if it wishes. CUSTOMER accepts and declares that even if the feature for which he has paid the fee is prepared specifically for him, the usage and copyright belongs to MAPIAPP. Fees for additional services provided to the CUSTOMER are not included in the 7-day refund scope for Mobile Applications that have received visitors through promotion. Only the Mobile Application license fee is refunded. The domain name is not included in the Mobile Application license and is not refundable under any circumstances.
8.2. Any content entry services provided by MAPIAPP are invoiced separately, based on the price offer approval provided by MAPIAPP. The content entry service does not include editing the content placed on the Mobile Application. Arrangements in the Mobile Application are the responsibility of the CUSTOMER.
8.3. If the CUSTOMER is close to exceeding the traffic limit (Bandwith) available through the MOBILE APPLICATION system, he/she must obtain an additional traffic limit (Bandwith) in bulk. If no additional traffic is received, MAPIAPP stops the service it provides until additional traffic is received. CUSTOMER cannot request that the stopped service be started without purchasing additional traffic. CUSTOMER undertakes to pay the additional traffic fee.
8.4. During the usage period, CUSTOMER can only provide services and manage content through (1) domain name specified in the contract. CUSTOMER may change this domain name at any time (provided that it is notified in writing), but article 3.9. It cannot be transferred to another MapiApp or person, subject to the principles stated in the article. CUSTOMER can follow the costs arising from the change from the customer panel. If the CUSTOMER wishes to allocate the new domain name from MAPIAPP, he/she is obliged to pay $12 + VAT as the domain name fee. Domain name change does not extend the term of the MOBILE APPLICATION license.
8.5. CUSTOMER can obtain minimum Mobile Application installation information about the use of the Mobile Application purchased through the documents and videos available in the MAPIAPP Mobile Application. You can also obtain information about the use of the Mobile Application by purchasing phone support. Technical support for technical problems in the system is free of charge.
Article
9. FORCE MAJEURE
Natural disasters, fire, government activities, states of national mobilization, riots, war or attempts at war, strike, lockout, etc., which do not exist at the time the contract is signed and are beyond the control of the parties, may occur, and may cause harm to one of the parties or Situations that make it impossible for both of them to partially or fully fulfill their contractual obligations and responsibilities, or to fulfill them on time, and global or national IT, telecommunication, communication, GSM, service provider problems will be considered as force majeure. If one of these reasons occurs, the obligations of the parties arising from this contract will be suspended. If this reason continues for 30 days, either party may terminate the contract without compensation. However, the rights and receivables of the parties accrued before termination remain reserved and will not be refunded.
Article
10. APPROVAL AND ENFORCEMENT
This agreement, in the form of 10 (ten) articles, has entered into force when the CUSTOMER orders the MOBILE APPLICATION Content Management System via the online order form on the MOBILE APPLICATION official website and is binding on both parties. This Agreement and all or part of the Website may be changed without prior notice, at the sole discretion of MAPIAPP. MAPIAPP may cancel or change a part of the Website at any time, or limit access to some features or some parts of the Website without notice. MAPIAPP reserves the right to change any conditions and information available on the Website and its extensions, including the terms of the Agreement, without any prior notice. Changes take effect immediately upon publication on the site. Turkish Courts and enforcement offices have jurisdiction over any problems that may arise from the implementation of the contract.