User Agreement & Privacy

Article 1. Parties

This User Agreement ("Agreement") is entered into between Kurumsal Yazılım A.Ş. ("Company") and the person registering as a user ("User(s)") on the websites located at www.harmonyerp.cloud ("Site(s)"), as well as the cloud-based finance and business management applications ("Application(s)") accessed through the Sites or Mobile Applications. The Agreement shall enter into force upon electronic acceptance by the User and shall remain in effect unless terminated by the parties in accordance with the procedures specified in this Agreement.

Article 2. Subject and Scope of the Agreement

2.1 This Agreement is entered into for the purpose of determining the terms and conditions related to the User's use of the Application and the data uploaded to the Application by the User ("Content"), as well as the rights and obligations of the relevant parties.

2.2 The Application encompasses the HarmonyERP Cloud products offered to Users by the Company. In this Agreement, the Application and the Site shall collectively be referred to as the HarmonyERP Cloud platform ("Platform").

2.3 The terms of use, rules, and conditions presented by the Company to Users regarding the use of the Platform within the scope of the Site shall also constitute an annex and an integral part of this Agreement, and together with the rights and obligations set forth herein, shall constitute the entirety of the parties' rights and obligations.

Article 3. Rights and Obligations of the Parties

3.1 The User declares that they are aware 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 Platform. In the event of any change in the information provided during the establishment of User status, such information shall be updated immediately. The Company shall not be responsible for the inability to access or benefit from the Platform due to the provision of incomplete, inaccurate, or outdated information.

3.2 The User declares that they are over 18 years of age and possess the legal capacity required to enter into this Agreement. If the User is accessing the Site on behalf of a business, the User acknowledges and declares that they have the necessary authority to do so. In such case, the rights and obligations related to User status shall belong to that business.

3.3 The User has the right to establish a single User account, and following the suspension or termination of the User account by the Company, it is prohibited for the User to establish a second account using the same or different information. The Company reserves the right to refuse to open a User account without providing any reason, at its sole discretion.

3.4 Access to the Site by the User shall be carried out using their email address and password. The User shall be responsible for maintaining the confidentiality and security of this password, and all activities carried out through the Site using such information shall be deemed to have been performed by the User, and all legal and criminal liability arising from such activities shall belong to the User. The User shall immediately notify the Company when they become aware of any unauthorized use of their password or other breach of security.

3.5 The User acknowledges and undertakes that they shall use the Application only for lawful activities, and shall comply with this Agreement, its annexes, applicable legislation, and other terms and conditions set forth on the Site and in the Application regarding the Application. The User may use the Platform on behalf of third parties as long as they are authorized to provide services to such third parties. In this context, the User shall ensure that such persons also comply with this Agreement and all other provisions applicable to the User.

3.6 The User may authorize a third person ("Authorized User") to use the Application from time to time. The identity of the Authorized User and their level of authority within the Application shall be determined by the User. The User shall be responsible for the Authorized Users' use of the Platform and shall always control the Authorized Users' access to the Platform, and may change or revoke the Authorized User's level of access to the Platform at any time and without cause. In the event of a dispute between the User and the Authorized User regarding access to the Platform, the User shall make the decision regarding the Authorized User's access to the Platform or Content and the level of such access.

3.7 The Content shared by the User is the property of the User and all responsibility regarding the Content belongs to the User. The Company has the right to use the Content within the scope of the license granted 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 the Content may cause, including but not limited to legality, accuracy of Content, payment of invoices, collection, financial transactions, and tax reporting. Ensuring compliance with applicable legislation regarding financial transactions, taxes, and other matters is solely the responsibility of the User. The User acknowledges that the Company may delete Content from the Platform and its systems based on requirements arising from applicable legislation, particularly financial regulations, and that the Company is not liable for any damages, including lost data, that may occur in this regard.

3.8 The User acknowledges and undertakes that they shall not engage in activities that would jeopardize the security and integrity of the computer and network systems of third parties if the Company or the Platform is hosted by such third parties; shall not misuse the Platform in a way that would impede or harm the operation of the Application, the Site, or other systems through which services are provided, or the ability of other users to benefit from the Platform; shall not gain unauthorized access to the computer systems on which the Platform is hosted or beyond the scope of access granted to them; shall not transfer or upload files that would damage the Company's and third parties' computer systems, devices, and software, or unlawful Content (including Content protected by copyright or constituting trade secrets that the User does not have the right to use, and other materials); and shall not modify, copy, adapt, reproduce, create source code, or perform reverse engineering operations on the computer programs used in the provision of services or the operation of the Platform unless absolutely necessary for normal use.

3.9 The User acknowledges that their use of the Platform may be subject to limitations, including monthly transaction and storage volumes. Such limitations shall be specified within the Platform.

3.10 The User shall keep copies of the Content uploaded to the Application. While the Company adheres to the necessary policies and procedures to prevent data loss, it does not guarantee that 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 related legislation, the "Personal Data Disclosure Notice," and the "Personal Data Processing and Protection Policy." The Company provides cloud-based finance and business management applications to Users through the Platform. In this context, Users are personally responsible for the Content they upload to these applications; the Company holds the capacity of Data Processor under KVKK with respect to such uploaded Content. In the event that the User requests to share Content in their account, the Company has the right to share the Content with other users and business partners in order to provide the requested services such as sending invoices, sharing payment information, payment reminders, and online collection via credit card. The User acknowledges that they may share the Content in their account with other users, that they shall be personally responsible for such sharing, and that the Company bears no responsibility or control over such sharing. The Company may use the data by anonymizing it after retaining the User's usage and transaction information, performance evaluations, the Company's and its business partners' marketing campaigns, annual reports, and similar transaction data for the necessary period.

3.12 In the event of technical problems relating to 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 shall 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 that they shall 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 but not limited to the sale of products and services, emails sent without the recipient's consent, files that may damage third parties' software and computer systems, content that is offensive to other users, or any unlawful content. The User undertakes that they are authorized to conduct all communications made through the Platform. The Company has no obligation to monitor whether communications made through the Platform are appropriate or are directed toward the intended use of the Platform. The User shall exercise the same care when using other web-based communication tools accessed through or related to the Application as they would when using the communication tools provided through the Platform. The Company reserves the right to remove the communication tools it provides through the Platform at any time at its own discretion.

3.14 The Company reserves the right to revise this Agreement and its annexes without prior notice, and in the event of such exercise, the relevant change shall take effect upon the User's next use of the Platform. If the User does not accept the said changes, they have the right to terminate this Agreement as specified below.

3.15 The User may not assign or transfer their User account and their rights and obligations arising from this Agreement and the use of the Platform to any third party in any manner.

3.16 The User may delete the Content they have entered into the Platform at any time through the Platform. A User whose membership has ended shall not be able to access their account, except in the cases specified in Article 7.6.

3.17 In the event that the User acts in breach of this Agreement, other conditions and terms within the scope of the Platform, and the representations and undertakings within this scope, the Company shall have the right to suspend the User's membership or terminate the Agreement as specified below, thereby ending the user status. In such case, the Company reserves the right to claim damages arising from such breach from the User.

Article 4. Payment Terms

4.1 The User may only benefit from the Application upon full and complete payment of the fees declared within the Platform through the payment terms and instruments declared within the Platform.

4.2 The User may use the Application free of charge for the period specified within the Platform. Upon expiration of the trial period, the User's membership shall become a paid membership, the type, service level, functionality, campaigns, or fee of which shall be determined according to the contract period. The fees, payment terms, and effective dates of the fees related to the Application shall be announced in the relevant sections of the Platform. The User may upgrade or downgrade their membership package at their own discretion. Such requests shall be processed at the end of the relevant membership period, unless otherwise stipulated by the Company. Changes to the fees and payment terms of the User's membership package during the membership period shall not be applied until the end of the User's membership period, and new fees and payment terms shall take effect at the beginning of the new membership period. No refund shall be made in the event of termination of membership for any reason during the membership period, including termination of the Agreement.

4.3 Unless otherwise requested by the User up to 14 (fourteen) days before the end of each period, the User's membership shall be automatically renewed at the end of each period.

4.4 If the User receives a prepaid service from the Application, their invoice shall be issued to the address specified during registration following payment and shared with the User as an electronic invoice. If the User receives a postpaid service from the Application, they 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 duties related to the relevant fees.

4.5 The Company or third parties approved by the Company may store the User's credit card, account, and payment information in order to carry out transactions related to the User's membership and payment, as well as updates related to bank integration.

Article 5. Intellectual Property Rights

5.1 All rights, title, and interest in 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. No provision in this Agreement or in the other conditions relating to the Platform shall be construed as a transfer of rights and interests in the Platform to the User. The User hereby grants the Company the right to use, copy, transmit, store, and back up the User's information and Content for the purposes of the User's access to and use of the Application and other purposes related to the provision of services. The Company has the right to sublicense third-party developers in relation to the Content for the purpose of providing services.

5.2 The User has no right, under any circumstances or for any reason, to copy, modify, reproduce, reverse engineer, decompile, or otherwise access the source code of the software on the Site, or to create derivative works from the Platform. Any modification of the browser and contents related to the Platform, and linking to or from the Platform without the express permission of the Company, is strictly prohibited.

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

Article 6. Limitation of Liability

6.1 The Application, software, and other content within the scope of the Platform are provided "AS IS," and the Company has no responsibility or commitment regarding the accuracy, completeness, and reliability of the Application, software, and content. The User understands and accepts that the Company also makes no commitment regarding the interrelation of Content and other User data. The Company does not guarantee that the use of the Platform will be uninterrupted and error-free. While the Company aims to make the Platform accessible and usable 24/7, it does not guarantee the operability and accessibility of the systems providing access to the Platform. The User acknowledges that access to the Platform may be blocked or interrupted from time to time. The Company shall not be responsible for such blocking or interruptions in any way.

6.2 The User acknowledges and declares that links to other websites and/or portals, files, or content not under the Company's control may be provided through the Platform, and that such links do not constitute support for the website or its operator, nor do they constitute any kind of representation or guarantee regarding the website or its content; the Company has no responsibility for the portals, websites, files and content, services or products accessed through such links, or their content.

6.3 The User acknowledges that the Application and access to Applications offered through the Platform and their quality largely depend on the quality of the service obtained from the relevant Internet Service Provider, and that the Company bears no responsibility for problems arising from such service quality.

6.4 The User is exclusively responsible for the content they upload and for the use of the Platform. The User acknowledges that they release the Company from any and all claims and demands (including litigation costs and attorney fees) that may be communicated by third parties in relation to intellectual property violations, Content, and use of the Platform.

6.5 The Company shall not be liable, to the extent permitted by applicable law, for any direct, indirect, special, incidental, or punitive damages arising from the use of the Platform, including but not limited to loss of profit, loss of goodwill and reputation, and expenditures for the procurement of substitute products and services. In addition, the Company expressly declares that it provides no express or implied warranty of any kind, including but not limited to implied warranty, merchantability, and fitness for a particular purpose. The Company's liability under this Agreement shall in all cases be limited to the amount paid by the User for the services subject to this Agreement up to the date on which the relevant damage arose.

Article 7. Effectiveness and Termination of the Agreement

7.1 This Agreement shall enter into force upon electronic acceptance by the User and shall remain in effect unless terminated by either Party as specified below.

7.2 Either Party may terminate this Agreement at any time, without providing any reason and without paying compensation, by giving 14 (fourteen) days' prior written notice to the email address provided by the other party.

7.3 In the event that either Party fails to fully and properly perform their obligations under this Agreement, and the said breach is not remedied within the period specified in the written notice sent by the other Party, this Agreement may be terminated by the notifying Party. In the event that such breach is committed by the User, the Company shall have the right to suspend User status until the breach is remedied. In the event that the User violates applicable legislation, the Company may terminate the Agreement for just cause with immediate effect.

7.4 Termination of the Agreement shall not eliminate the rights and obligations of the Parties that have accrued up to the date of termination. Upon termination of the Agreement, the User shall be responsible for all fees and expenses that have accrued up to that date and shall not be able to use the Platform as of the termination date. No refund shall be made in case of termination of prepaid memberships.

7.5 The Company may terminate this Agreement if the User's account has been inactive for 3 (three) months.

7.6 In cases where this Agreement is terminated, the User may request access to Content within the first 6 (six) months, unless legally prevented from doing so.

7.7 The Company has the right to store Content in its databases for the duration of this Agreement. The User may obtain the Content free of charge within 6 (six) months following the end of the User's membership period or this Agreement. The Company may charge a fee for such requests submitted after the expiry of this period. The relevant fees shall be specified within the Application.

Article 8. Miscellaneous Provisions

8.1 The invalidity, illegality, or unenforceability of any provision of this Agreement or any expression contained therein shall not affect the validity and enforceability of the remaining provisions of the Agreement.

8.2 This Agreement and its annexes constitute a whole. In the event of any conflict between the Agreement and its annexes, the provisions contained in the relevant annexes shall prevail.

8.3 Communication with the User shall be conducted through the email provided during registration or through general notifications on the Platform. Communication made by email shall substitute for written communication. It is the User's responsibility to keep their email address up to date and to regularly check the Platform for notifications.

8.4 Turkish law shall apply to the interpretation of this Agreement and all disputes arising from this Agreement and its annexes; the courts and enforcement offices of Istanbul shall have jurisdiction.

Article 9. Commercial Electronic Messages

9.1 The User gives consent to receive commercial electronic messages and other communications in accordance with applicable laws for the purpose of announcing general/special opportunities, informing about current developments, sending congratulatory messages, sharing content such as presentations and newsletters, and promoting and advertising the products and services offered by HarmonyERP Cloud and its companies; and acknowledges that their contact information, identity information, and marketing information are collected for the purpose of conducting product/service sales and advertising/campaign/promotion processes, and that communications will be sent to them through their preferred channel; and that they may change their communication preferences at any time or stop the communication by rejecting the process specified in the messages sent to them without providing any reason; and gives consent for commercial electronic messages and other messages to be sent via SMS/text message, automated call, telephone call, social media, online advertising networks, email, and other electronic communication channels in accordance with applicable laws.

GENERAL

By using this Website and the services contained within it ("Services"), you indicate that you have read and accepted the Kurumsal Yazılım A.Ş. ("KURUMSAL YAZILIM") Website Privacy Terms ("Privacy Terms") and rules. If you believe that you cannot fulfill the obligations set forth in the Privacy Terms, please do not use this Website or its Services. Certain additional terms and conditions may apply to the use of or interaction with certain areas of the Website.

MONITORING/AMENDMENT OF PRIVACY TERMS

KURUMSAL YAZILIM ("Site Owner") reserves the right to amend or supplement the Privacy Terms at any time without prior notice. Changes made shall be presented on this page in order for users to be informed about the nature of information collected during use, how it is used, under what circumstances this information is shared with Third Parties, and all necessary privacy terms. Since the Site Owner reserves the right to amend the Privacy Terms, it is the User's responsibility to regularly monitor and read the Privacy Terms. The use of this Website and Services following any such amendment constitutes acceptance of the changes to the Privacy Terms.

OPEN SYSTEM

Users (the term "User" is used as a general definition referring to everyone who enters the Website, including members, if any) acknowledge and accept that the internet is not a secure environment, that communication on the internet is risky, and that all types of information, including personal information, passwords, etc., may be subject to unlawful acts of Third Parties. The Site Owner makes no guarantees regarding the security of the Website or in relation to malicious actions.

USER INFORMATION

The User is responsible for all content and personal information placed on, transmitted to, or sent through the Website and Services (including but not limited to all types of content containing text, documents, music, advertisements, opinions and thoughts, audio or written or moving/still images). Users have declared and warranted that all information they submit/send to the Website and Services is reliable, accurate, does not infringe upon the rights of Third Parties, and is not contrary to the law. The Site Owner reserves the right (but has no obligation) to remove from publication or block access to content placed on the website by Users, in whole or in part, that it believes is harmful to other Users or Third Parties, or is contrary to legislation or international legal instruments.

USERNAME AND PASSWORD

The Site Owner may make the use of certain Services and sections conditional upon Membership/Registration. During registration, a username and password may be given to the User, or the User may be asked to create a username and password. The User is directly responsible for safeguarding their username and password, for any wrong or unlawful use, and for all possible unauthorized uses. Services requiring membership can only be accessed with a password. The User is responsible for creating their password in a more secure manner using special numbers, letters, and characters or for making the necessary changes. The responsibility for all transactions performed using the member name and password belongs to the User. In the event that the member name and password are lost, come into the possession of unauthorized Third Parties, or a situation threatening the Member's security is encountered, the Website/Site Owner must be immediately notified.

PROTECTION OF INFORMATION

The Site Owner exercises utmost effort for the security of all pages on the Website. A wide variety of technical and administrative practices are employed to protect the confidentiality, security, and integrity of data registered on the Website.

THIRD-PARTY SITES

This Website may contain sub-websites and upper-level websites operated by Third Parties that the Site Owner does not operate or control, and links/information may be provided to such sites. The Site Owner has no guarantee or specific commitment regarding the content, security, privacy policies, and continuous communication of these accessed websites. Responsibility is subject to the terms written on Third Party sites. The security and privacy terms of such sites should be read before any transactions are made. The Site Owner cannot be held responsible for personal information provided to such sites, content and services used from such sites, or the privacy policies and practices of such sites.

WEBSITE AUXILIARY PROGRAMS

The User may need to use auxiliary programs in order to benefit from certain Services offered by the Website or from the Website itself. If these Services/Website are used, data related to the manner and scope of using the Service may be recorded in the Website database. Likewise, certain "cookies" may be used to make it easier for you to benefit from the Services, through which certain information may be sent to the User.

PERSONAL INFORMATION

In order to visit, use the Website, or benefit from any Service, personal information such as name, surname, address/place of residence, IP information, email address, phone number, etc. may have been/may be provided to and recorded on the Website. The User is deemed to have disclosed such information taking into account that the personal information they have provided/disclosed/recorded will be accessible to the Site Owner, and to have accepted that all information and content disclosed and recorded on the Website loses its confidentiality vis-a-vis the Site Owner. If the User chooses to share their personal information with other users or Third Parties, they are deemed to have accepted that all information and content they have recorded/transmitted also loses its confidentiality vis-a-vis 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 it in accordance with the purposes of the Website, the Site Owner's business activities and Services, process it, transfer it domestically or abroad in accordance with legislation, and utilize the data in its database as it sees fit. The User has expressly granted the Site Owner permission in this regard. The Site Owner also has the right to utilize website activity information, access tools, and browser information as it sees fit.

Sensitive Information: The Site Owner does not in any way request sensitive information from Users, such as race and ethnic identity, religious/political/philosophical beliefs, physical or mental health and characteristics, unless required by law. The Site Owner bears no responsibility for the provision or recording of such information.

The consent you give regarding your personal data also includes permission to use such data for providing you services; promotional activities of the Services, Site Owner, members, and Third Parties; legal requirements and similar situations.

COMMERCIAL COMMUNICATION

KURUMSAL YAZILIM may send electronic messages or commercial electronic messages to the communication address submitted to the Website or to itself, or recorded/caused to be recorded in any way. It is deemed that you have given prior permission/consent to the sending of electronic messages to be sent via any electronic communication means, whether commercial in nature or not. You may exercise your right to cancel the permission/consent you have given and to refuse commercial electronic messages at any time. Refusal requests shall be processed by KURUMSAL YAZILIM within ten (10) business days at the latest. The methods of refusal are indicated in electronic messages whose sender is KURUMSAL YAZILIM.

VIOLATION OF PRIVACY TERMS

In the event of non-compliance with or an attempt to violate the Privacy Terms, whether or not the violation is fully realized, the Site Owner reserves the right (but is not obligated) to suspend, terminate Users' access to the Website and Services, and cancel membership without prior notice, along with the right to reject, remove from content, or delete information in the system. This rule also applies in the event of indirect violation or attempted violation of the terms by the User.