This Terms Of Service is between Qpien Inc. and the user (‘’User’’, ‘’Users’’, ‘’Customer’’, ‘’You’’) or the person who registers as the representative of the Legal Entity to the site (the company’s site at www.qpien.com and app.qpien.com).
1. Entry into Force of the Agreement
The contract will enter into force with the acceptance of the user in the electronic registration process, and will continue to be in effect in accordance with the procedures specified in the contract.
2. Subject and Scope of the Contract
3. Account Opening Transactions
3.1. For the use of the Application, a private membership account for the User must be opened on the Application by Qpien. Account information, consisting of username, password and customer code belonging to the opened account, will be notified to the User via e-mail and/or phone, by Qpien
3.2. t is assumed that the User has entered the information requested in the account registration form correctly, completely and correctly. The responsibility of a possible error in this matter belongs to the User. If, in any way, a user deliberately declares false information, Qpien reserves the right to suspend the Application provided to this User, until they provide their true information.
4. Rights and Liabilities of the Parties
4.1. The User declares that she/he knows that she/he must approve this Agreement by providing the information requested by Qpien in a complete, correct and up-to-date manner in order to benefit from the Application. If there is any change in the information provided during the establishment of the user’s status, the information must be updated immediately. Qpien is not responsible for the inability to access and benefit from the Site or Application due to the incomplete or inaccurate or outdated information.
4.2. The User declares that she/he is over 18 years old and that she/he has the legal authority required to conclude this Agreement. If the User accesses the Site for a business name, the User accepts and declares that she/he has the necessary authorization in this regard. When necessary, Qpien may request the User to verify that she/he is the authorized person on behalf of the business. In this case, the User status and rights and obligations will belong to the company in question.
4.3. The User has the right to establish a single User account, and following the suspension or termination of the User account by Qpien, it is forbidden to establish a second account by the User using the same or other information. Qpien reserves the right to refuse the opening of the User account and terminate the user agreement, without any justification, subject to its sole discretion.
4.4. Access to the Site will be performed by the user using her/his e-mail address and password. The User is responsible for the protection of the confidentiality and security of this password, and it will be deemed that all activities carried out by the use of the aforementioned information through the Site and Application are carried out by the User, and all legal and criminal liability arising from these activities will belong to the User. When the user becomes aware of the unauthorized use of her/his password or any other breach of security, she/he has to notify Qpien immediately.
4.5. The User accepts and undertakes to use the Application only for its activities in accordance with the law, and to act in accordance with this Agreement, its annexes, applicable legislation and other terms and conditions stipulated on the Site in relation to the Application. The user will be able to use the Application and the Site on behalf of the third party as long ass he/he is authorized to provide services to third parties. In this context, the user will ensure that the persons in question comply with this Agreement and all other provisions applicable to her/his.
4.6. The User may authorize a third person (‘Authorized User’, ‘Personnel Account’,’Personnel’) to use the Application from time to time. Who will be the personnel and the level of authority within the scope of the Application will be determined by the User. The User is responsible for the use of the Application by the Authorized Users and will always control the access of the Authorized Users to the Application and will be able to change or cancel the access level of the Authorized User to the Application at any time and for no reason. In the event of a conflict between the User and the Authorized User regarding access to the Application, the decision regarding the Authorized User’s access to the Application or Content and the level of access shall be made by the User.
4.7. Content shared by the User is the property of the User and all responsibility for theContent belongs to the User. Qpien has the right to use the Content under the license provided by the User under this Agreement. Qpien will not be held responsible for any loss or damage of the Content caused by the Content; without being limited to these, Qpien has no responsibility regarding the compliance with the law and the accuracy of the Content. It is directly the responsibility of the User to ensure compliance with the relevant legislation regarding customer communication, customer information, messages, contact or use of data without customer consent and other issues. The user accepts that she can delete the Content from the Application and its systems based on the requirements arising from the current legislation, especially financial regulations and also accepts that, Qpien is not liable for any damages that may occur in this context, including lost data.
4.8. The User accepts and undertakes that; if Qpien or the Application is hosted by third parties, these third parties will not engage in activities that will endanger the security and integrity of the computer and network systems; she/he will not use the Application in a way that prevents or damages the functionality of the Application, the Site or other systems where the services are offered; she/he will not use in a way that harms the other users who benefit from the Application and the Site; she/ he will not provide unauthorized access to the computer systems where the Application is hosted or to the Application outside the scope of the access granted to it; she/he will not transfer or upload files or illegal Content (including Content and other materials protected by copyright or trade secret that the User has no right to use) to the Site that will damage the computer systems, devices and software of Qpien and third parties; she/he will not modify, copy, adapt, reproduce, create source code or reverse engineering the computer programs used in the provision of services or in the operation of the Site, unless it is absolutely necessary for ordinary use.
4.9. The User accepts that her/his use of the Application may be subject to restrictions, including monthly transaction and storage volumes. These restrictions will be specified in the Application.
4.10. The User will keep copies of the Content uploaded to the Application. Although Qpien complies with the necessary policies, legal obligations and procedures to prevent data loss, it does not guarantee that the content will not be lost. Qpien is not responsible for any loss of Content, regardless of how it occurred.
4.12. In case of technical problems with the Application, the User will make reasonable efforts to detect and diagnose the problem before contacting Qpien. If the technical support requirement of the user continues, the necessary support will be provided from the Site, Application or other appropriate channels.
4.13. User accepts and undertakes that in case of providing communication tools (such as forum, chat tools or message center) to the User through the Site, she/he will use these communication tools only for legal purposes. The User will not use these communication tools to share materials other than 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, content that is defamatory to other users or any illegal content). The User undertakes that she/he has the authority to do so in terms of any communication she/he performs through the Site. Qpien has no obligation to check the suitability of the communications made through the Site or whether they are for the purposes of the Application. In terms of other web-based communication tools accessed through the Application or used in relation to the Application, the User shall show the care she/he is obliged to show while using the communication tools provided on the Site. Qpien has the right to remove the communication tools provided through the Site at any time at its discretion.
4.14. Qpien has the right to revise this Agreement and its annexes without any prior notice, and if this right is exercised, the relevant amendment will come into effect with the next use of the Site by the User. In the event that the User does not accept such changes, the right to terminate this Agreement as stated below is reserved.
4.15. The User cannot transfer or assign the User account and the rights and obligations arising from the use of the Site with this Agreement to a third party in any way.
4.16. Qpien will have the right to suspend the User’s membership or terminate the User status in this way by terminating the Contract as stated below, if the User violates the terms and conditions within the scope of this Agreement and the Site and the declarations and commitments within this scope. In such a case, Qpien’s right to claim the damages arising from the leaving of the User from the contract is reserved.
4.17. Qpien reserves the right to change product specifications and prices.
5.1. The User will only be able to benefit from the Application in return for the full and complete payment of the fees declared on the Site, within the payment terms and tools declared on the Site.
5.2. The user will be able to use the Application free of charge for the period specified on the Site. At the end of the free trial period and after the payment method is entered, the User’s membership, service level, functionality and campaigns will be determined according to the contract period and will become a paid membership. Fees, payment terms, effective dates of the application will be announced in the relevant sections of the Site. The user will be able to increase or decrease the membership package depending on her/his own request. Requests for this will be made at the end of the relevant contractual membership period, unless otherwise provided by Qpien. Changes to the fee and payment terms regarding the membership package during the membership period of the User will not be applied until the end of the membership period of the User, and the new fees and payment terms will be valid with the start of the new membership period. During the membership period, no refund will be made if the membership is terminated for any reason, including the termination of the Agreement.
5.3. 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.
5.4. Qpien will transmit the invoice for usage fees electronically as e-invoice or e-archive invoice at the beginning of the membership period to the contact address sent by the User. For prepaid memberships, all invoices will include the fees for that period of membership. The user has to pay the relevant amount in the invoice at the moment the invoice is issued. For annual and monthly subscriptions, Qpien may suspend the application service that the User receives in cases where it cannot receive the fee for the new term subscription within 3 (three) business days following the beginning of the new period. The User is responsible for the payment of taxes and fees related to the relevant fees.
5.5. The User, Qpien or Qpien approved third parties may store the User’s credit card and payment information in order to perform transactions related to membership and payment, or bank integration and related updates.
6. Intellectual Property Rights
6.1. All rights, ownership and interest on the Site and Application belong to Qpien. Under this Agreement, the User is given a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Site and Application. Nothing in the contract and other terms regarding the Site can be interpreted as transferring the rights and interests of the Site and Application to the User. The User grants Qpien the right to use, copy, transmit, store and back up its information and Content within the scope of this Agreement, for the user’s access to the Application, using the Application and other purposes for the provision of services. Qpien has the right to sub-license third party developers for the Content to provide services.
6.2. The User does not have the right to access the source code of the software on the Site in any way and for any reason, to copy, modify, reproduce, reverse engineer, decompile and creating work from the Site. It is strictly forbidden to change the browser and content of the Site in any way, to link to or from the Site without the express permission of Qpien.
6.3. The user can not use the trade name, brand, service mark, logo, domain name etc. of Qpien (or its affiliates) in any way.
7. Miscellaneous Provisions
7.1. The invalidity, illegality and un-enforceability of any provision of this Contract or any statement in the contract will not affect the validity and validity of the remaining provisions of the Contract.
7.2. This Agreement is a whole with its annexes. In case of any conflict between the contract and its annexes, the provisions in the relevant annexes will prevail.
7.3. Istanbul Courts and Enforcement Offices will prevail in disputes arising from this Agreement and its annexes.