GDPR Policy

GDPR Policy elucidation text

TERMS OF USE
Article 1. The Parties

This User Agreement ("Agreement") is concluded between Tekrom Technology A.Ş. ("Incorporation") and the person who is registered as a USER (“User(s)”) on the site (“Site”) located at the address: www.helorobo.com. The Agreement will enter into force upon acceptance by the User in electronic environment; Unless it is terminated by the parties in accordance with the procedures specified in the Agreement, it will remain in effect.

Article 2. Subject and Scope of the Agreement

This Agreement is concluded by the User in order to benefit from the cloud-based Social Media Correspondence application ("Application") accessed through the Site and to determine the rights and obligations of the parties regarding the data ("Content") uploaded to the Site by the User. The terms of use, rules and conditions provided by the Company regarding the use of the Site and the Application within the scope of the Site are also an annex and integral part of this Agreement, and together with the rights and obligations contained herein, they constitute the entire rights and obligations of the parties.

Article 3. Rights and Obligations of the Parties

3.1The User declares that they know that they 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 Application. If there is any change in the information provided during the establishment of user status, such information will be updated immediately. The Company is not responsible for the failure to access or benefit from the Site or Application due to the fact that this information is incomplete or inaccurate or is outdated.

3.2The user declares that they have reached the age of 18 and that they have the legal ability to sign this Agreement. If the User is accessing the Site on behalf of a business, the User accepts and declares that they have the necessary authorization to do so. In this case, User status, rights and obligations will belong to the business in question.

3.3The User has the right to establish a single User account and it is prohibited to establish a second account using the same or other information by the user 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 own will.

3.4Access to the Site by the User will be carried out using the e-mail address and password. The User will be responsible for the protection of the confidentiality and security of this password, and any activity carried out by the use of such information on the Site will be deemed to be performed by the User, and any legal and criminal liability arising from these activities will belong to the User. When the user is aware of the unauthorized use of his password or any other violation of security, he will notify the Company immediately.

3.5The User agrees and undertakes that they will use the Application only for his activities in accordance with the law and that they will act in compliance with the terms and conditions of this Agreement, the annexes, the applicable legislation and the Application. The User will be able to use the Application and Site on behalf of the third party, as long as they are authorized to provide services to third parties. In this context, the user shall ensure that such persons also comply with this Agreement and all other provisions applicable to them.

3.6The User may authorize a third party ("Authorized User") to use the Application at various times. Who will be the Authorized User and the level of authority within the Application will be determined by the User. The User is responsible for the Authorized Users' use of the Application, and will always control the Access of the Authorized Users to the Application, and can change or revoke the Access of the Authorized User to the Application at any time and for no reason. In case of a conflict between the User and the Authorized User regarding access to the Application, the User shall make the decision regarding the Access and Content of the Authorized User and the level of access.

3.7The 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 by the User under this Agreement. The Company cannot be held responsible for the content or the losses or damages that may be caused by the Content, and the Company has no responsibility for compliance with the law, accuracy of the Content, collection, financial transactions. It is the responsibility of the User exclusively to ensure compliance with relevant legislation on financial transactions, taxes and other issues. The User agrees that the Company may delete the Content from the Application and its systems based on the requirements arising from the applicable legislation, particularly financial regulations, and that the Company is not responsible for any damages that may occur in this context, including the loss of data.

3.8If the User is hosted by the Company or the Application by third parties, such third parties will not engage in activities that would endanger the security and integrity of the computer and network systems, the Application, the Functionality of the Application, the Site or other systems where the services are provided, not to use or misuse other users who benefit from the Site to prevent or harm them; and agree that they will not provide unauthorized access to the computer systems where the application is hosted or to the application except for the scope of access granted to it; that they will not transfer or upload to the site files or illegal content (including copyrighted or trade secret content and other materials on which the user has no right to use) that will damage the computer systems, devices and software of the company and third parties; or modify, copy, adapt, reproduce the computer programs used in the provision of the services or the operation; and acknowledge and agree that they will not create source code or perform reverse engineering operations.

3.9The User acknowledges that his use of the Application may be subject to restrictions, including monthly processing and retention volumes. These restrictions will be specified in the Application.

3.10The User will keep copies of the Content uploaded to the Application. Although the company complies with the policies and procedures required to prevent data loss, it does not guarantee that the loss of Content will not occur. The company is not responsible for the loss of Content, regardless of how it originated.

3.11The Company will store and use the information and data shared by the User within the scope of the “Privacy Policy” which is an appendix to this Agreement. The User agrees that the Company may share the information contained in the User with the relevant authorities in case of a request from the competent authorities in accordance with the applicable legislation. Apart from this, the information regarding the User and the transactions that are performed by the User on the Site may be used for the security of the User, performing the Company's obligations and some statistical evaluations. The company also has the right to share Content with other users to provide requested services such as sending invoices, sharing payment information. If the user wishes to use the Content of other users, they will obtain the approval of the relevant users and will use the Content in question within the scope of the approval given by the other user. This information may also be classified and stored on a database and the company may use the user's usage and transaction information for performance evaluations, marketing campaigns of the company and its business partners, annual reports and similar transactions following the anonymity of such data for the period required for them. The User agrees that Content and other information may be stored by the company or third parties in data centres located in Turkey or abroad.

3.12In case of technical problems related to the application, the User will 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 Site, Application or other appropriate channels.

3.13If the User is provided with communication tools (such as forum, chat tools or message centres) on the Site, the User declares and undertakes that they will use these communication tools only for lawful purposes. The user in question will not use such communication tools to share materials, except for 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 the third parties, or any content that is offensive to other users, or any other illegal content. The user undertakes to have the authority to do so in terms of any communication he performs on the Site. The Company has no obligation to check that the communications made on the Site are appropriate or that these are intended for the purposes of use of the Application. In terms of other web-based communication tools that are accessed through the Application or used in connection with the Application, the User will take care of his obligation to use while using the communication tools provided through the Site. The Company has the right to remove the communication tools it provides through the Site at its discretion at any time.

3.14The Company has the right to revise this Agreement and its annexes without any prior notification, and if this right is exercised, the relevant change will come into effect by the User with the next use of the Site. In case that the User does not accept these changes, the right to terminate this Agreement as follows is reserved.

3.15The User cannot transfer or assign the User account, and the rights and obligations arising from the use of the Site with this Agreement to any third party in any way.

3.16In case that the User acts in violation of this Agreement and other terms and conditions within the scope of the Site and his declarations and commitments in this context, the Company will have the right to suspend the User's membership or terminate the User status in this way by terminating the Agreement as specified below. In such a case, the Company reserves the right to claim the damages arising from such contradiction from the User.

Article 4. Terms of Payment

4.1The User will only be able to benefit from the Application in return for the payment of the fees declared on the Site with the payment conditions and tools declared on the Site.

4.2The User will be able to use the Application for a period of time to be specified on the Site without charge. At the end of the trial period in question, the Membership of the User will become a paid membership, the type of which will be determined by the level of service, functionality, campaigns or agreement period. The fees, payment terms and effective dates of the fees related to the application will be announced in the relevant sections of the Site. The user will be able to upgrade or downgrade the membership package at his own request. Requests related to this will be made at the end of the relevant membership period, unless otherwise foreseen by the Company. Any changes to the terms and conditions of the membership package during the User's membership period will not be applied until the end of the User's membership period, and the new fees and payment terms will be effective upon the start of the new membership period. No refund will be made if the membership expires for any reason, including termination of the Agreement during the membership period.

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

4.4The User, the Company or third parties approved by the Company will be able to store the User's credit card and payment information in order to perform membership and payment transactions or bank integration and related updates.

Article 5. Intellectual Property Rights

5.1All rights, property and benefits of the Site and the Application belong to the Company. Within the scope of this Agreement, the user is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Site and Application. Nothing in the Agreement and other terms related to the Site can be interpreted as the rights and interests of the Site and the Application transferred to the User. The User hereby grants the Company the right to use the User to access, copy, transmit, store and backup the information and the Content for the other purposes of the User's access to the Application, use of the Application and other purposes for the provision of the services. The Company has the right to sublicense third party developers regarding the Content for the purpose of providing services.

5.2The User does not have the right to copy, modify, duplicate, reverse engineer, compile the Site or Application in any way and for any reason, to access the source code of the software on the Site, and to create a processing work from the Site. It is strictly forbidden to modify the browser and content related to the Site in any way, and to provide links to or from the Site without the express permission of the Company.

5.3The User may in any way use the company's (or its affiliates) commercial title, brand, service mark, logo, domain name, etc.

Article 6. Limitation of Liability

6.1The Application, software and other contents within the scope of the site are provided "AS IT IS", and the Company does not have any responsibility or commitment regarding the accuracy, completeness and reliability of the Application, software and content. The User also understands and agrees that the Company has not committed to the relationship between the Content and other User data. The Company does not guarantee that the use of the Application is uninterrupted and error-free. Although the Company aims to make the Application accessible and available 24/7, it does not guarantee the operability and accessibility of the systems that provide access to the Application. The User agrees that access to the Application may be blocked or interrupted at various times. The company is not responsible in any way for such obstructions or disruptions.

6.2The User may provide links to other websites and / or portals, files or content that are not under the control of the Company through the Site, and that such links do not constitute any kind of declaration or warranty for the purpose of supporting the website or the operator of such links or the website or the information it contains, and for that the User acknowledges and agrees that the Company has no responsibility for portals, websites, files and content, services or products or their content accessed through such links in question.

6.3The User agrees that the access to and quality of the Application and Applications offered through the Site is largely based on the quality of the service provided by the relevant Internet Service Provider and that the Company has no responsibility for the problems arising from the quality of the said service.

6.4The User is exclusively responsible for the content he uploads and the use of the site and the Application. The User acknowledges that they have removed the company from all claims and requests (including trial costs and attorneys' fees) that may be submitted by third parties in relation to intellectual property violations, content, Applications, and use of the site.

6.5The Company, to the extent permitted by the law to be applied, will not be subject to any direct, indirect, special, incidental, criminal damage resulting from the use of the Site, including, but not limited to, profit loss, goodwill and reputation, as well as expenditure on the supply of substitute products and services. In addition, the Company further declares that it does not provide any express or implied warranties, including, but not limited to, implied warranties, merchantability, fitness for a particular purpose. In any event, the Company's responsibility under this Agreement will be limited to the amount paid by the user for the services subject to this Agreement until the date of the occurrence of the relevant loss.

Article 7. Effectiveness and Termination of the Agreement

7.1This Agreement will enter into force upon acceptance by the User in electronic form and will remain in effect unless terminated by any of the parties as stated below.

7.2Any party may terminate this Agreement at any time with a written notification made 1 (one) week prior to the electronic mail address provided by the other party, without any justification or compensation.

7.3In case that one of the Parties does not fulfil their obligations arising from this Agreement fully and properly and that the breach in question is not resolved within the period given in spite of the written notification to be made by the other party, this Agreement may be terminated by the notified party. If the aforementioned violation is realized by the User, the Company will have the right to suspend the User status until the violation is resolved. In case that the User violates the applicable legislation, the Company may terminate the Agreement for a justified reason, to be effective immediately.

7.4The termination of the Agreement will not eliminate the rights and obligations of the Parties born until the termination date. Upon the termination of the Agreement, the User is responsible for all fees and expenses born up to that day and will not be able to use the Site and Application as of the date of termination. In case of termination of pre-paid memberships, no refund is made to the User.

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

7.6If the user’s account is not blocked for legal reasons and the Agreement is terminated, the Company will provide read-only access to the Content for 6 (six) months.

7.7The 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 termination of the User's membership period or this Agreement, the User will be able to receive the Content free of charge. The company will be able to charge fees for such requests which are submitted after the expiration of this period. The relevant fees will be specified within the scope of the Application.

Article 8. Miscellaneous Provisions

8.1The invalidity, illegality and non-enforceability of any provision of this Agreement or any statement contained in the agreement will not affect the validity and effectiveness of the remaining provisions of the Agreement.

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

8.3Communication with the user will be made by e-mail that they notified when registering, or by general information contained on the Site. Communication by e-mail replaces written communication. It is the responsibility of the User to keep his e-mail address up to date and to check the Site regularly for information.

8.4In case of conflicts arising from this Agreement and its annexes, the Courts of Istanbul Central (Çağlayan) and Enforcement Offices will prevail.

You can contact us via our phone number and e-mail address.

0(212) 48 000 48ortry@helorobo.com