1- Parties
This User Agreement (“Agreement”) is entered into by and between Emuhasebe Software Technologies Joint Stock Company (“Company”) and the person who registers as a user (“User(s)”) for the website located at www.emuhasebe.com (“Site”), or the cloud-based pre-accounting and human resources platforms (“Application(s)”) accessed via the Site or Mobile Applications.
This Agreement shall come into force upon the User’s electronic acceptance and shall remain in effect until terminated by the parties in accordance with the procedures specified herein.
Article 2. Subject and Scope of the Agreement
2.1 This Agreement is executed for the purpose of determining the terms and conditions regarding the User’s use of the Application and the data uploaded by the User to the Application (“Content”), as well as the rights and obligations of the respective parties.
2.2 The Application covers the eMuhasebe products offered to Users by the Company. In this Agreement, the Application and the Site shall be collectively referred to as the “Platform.”
2.3 The terms of use, rules, and conditions offered by the Company to the Users regarding the use of the Platform within the scope of the Site are an integral part of this Agreement and constitute the entirety of the parties’ rights and obligations together with the rights and obligations set forth herein.
Article 3. Rights and Obligations of the Parties
3.1 The User declares that they understand that they must provide the information requested by the Company to use the Platform in a complete, accurate, and up-to-date manner and that they must approve this Agreement. In the event of any change in the information provided during the establishment of User status, said information will be updated immediately. The Company shall not be held responsible for the inability to access or use the Platform due to the information being incomplete, inaccurate, or not up-to-date.
3.2 The User declares that they are 18 years of age or older and have the legal capacity required to enter into this Agreement. If the User is accessing the Site on behalf of a business, the User accepts and declares that they have the necessary authority for this. In this case, the rights and obligations related to the User status shall belong to the said business.
3.3 The User has the right to create only one User account. It is forbidden for the User to create a second account using the same or different information after the User account has been suspended or terminated by the Company. The Company reserves the right to refuse the creation of a User account at its own discretion without giving any reason.
3.4 Access to the Site by the User will be made using their email address and password. The User will be responsible for the confidentiality and security of this password, and it will be accepted that all activities carried out through the use of this information on the Site are carried out by the User. All legal and criminal liability arising from these activities shall belong to the User. The User shall immediately notify the Company if they become aware of any unauthorized use of their password or any other security breach.
3.5 The User accepts and undertakes to use the Application only for legal activities and to comply with this Agreement, its annexes, applicable legislation, and other terms and conditions stipulated on the Site and in the Application. The User may use the Platform on behalf of a third party, as long as they are authorized to offer services to that third party. In this context, the User will ensure that the said persons also comply with this Agreement and all other provisions applicable to them.
3.6 The User may, at various times, authorize a third party (“Sub-User”) to use the Application. The identity of the Sub-User and their level of authority within the Application will be determined by the User. The User is responsible for the use of the Platform by the Sub-Users, and will always control the access of the Sub-Users to the Platform and will be able to change or cancel the Sub-User’s access level at any time without a reason. In the event of a dispute between the User and the Sub-User regarding access to the Platform, the User will make the decision regarding the Sub-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 within the scope of the license granted to it by the User under this Agreement. The Company cannot be held responsible for the Content or any loss or damage that the Content may cause, and the Company has no responsibility for, but not limited to, legality, accuracy of the Content, payment of invoices, collection, financial transactions, and tax reporting. Ensuring compliance with the relevant legislation regarding financial transactions, taxes, and other matters is the sole responsibility of the User. 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 not1 responsible for any damages that may occur in this context, including lost data.
3.8 The User agrees and undertakes that if the Company or the Platform is hosted by third parties, they will not engage in activities that would endanger the security and integrity of these third parties’ computer and network systems, will not use the Platform in a way that would hinder or damage the functionality of the Application, the Site, or other systems where the services are offered, or the use of these by other users of the Platform, will not provide unauthorized access to the computer systems where the Platform is hosted or beyond the scope of access granted to them, will not transfer or upload files that would damage the computer systems, devices, and software of the Company and third parties, or illegal Content (including Content protected by copyright or trade secrets for which the User does not have the right to use, and other materials), and will not modify, copy, adapt, reproduce, create source code, or reverse engineer the computer programs used in the provision of services or the operation of the Platform, unless it is absolutely necessary for ordinary use.
3.9 The User accepts that their use of the Platform may be subject to limitations, including monthly transaction and storage volumes. These limitations will be specified within the Platform.
3.10 The User will keep copies of the Content uploaded to the Application. Although the Company adheres to the necessary policies and procedures to prevent data loss, it does not guarantee that Content loss will not occur. The Company is not responsible for the loss of Content, regardless of how it occurred.
3.11 The Company will process, store, and use the personal data shared with it by the User in accordance with the Law on the Protection of Personal Data No. 6698 (KVKK) and relevant legislation, the “Personal Data Disclosure Text,” and the “Personal Data Processing and Protection Policy.” In this context, the Company offers Users cloud-based finance and business management applications accessed through the Platform. Users are personally responsible for the Content they upload to these applications, and the Company holds the title of Data Processor under the KVKK for this uploaded Content. If the User requests to share the Content in their own account, the Company has the right to share the Content with other users and business partners to provide the requested services, such as sending invoices, sharing payment information, payment reminde2rs, and online collection with a credit card. The User accepts that they may share the Content in their own account with other users, that they are personally responsible for this sharing, and that the Company has no responsibility or control over this sharing. The Company may use the User’s usage and transaction information, performance evaluations, data in the marketing campaigns of the Company and its business partners, annual reports, and similar transactions by anonymizing the said data after storing it for the necessary period.
3.12 In the event of technical problems with the Application, the User will make a reasonable effort 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 If communication tools (such as a forum, chat tools, or message center) are provided to the User through the Platform, the User declares and undertakes that they will use these communication tools only for legal purposes. The User will not use the said communication tools to share materials outside the purpose of the Application, including but not limited to, product and service sales, emails sent without the consent of the other party, files that may harm the software and computer systems of third parties, insulting content for other users, or any illegal content. The User undertakes that they have the authority to do so for all communication they carry out through the Platform. The Company has no obligation to control the appropriateness of the communications carried out through the Platform or whether they are for the purposes of using the Platform. Regarding other web-based communication tools accessed through or used in relation to the Application, the User will also show the same care that they are obliged to show when using the communication tools provided through the Platform. The Company has the right to remove the communication tools it provides through the Platform at any time at its own discretion.
3.14 The Company has the right to revise this Agreement and its annexes without any prior notice, and if this right is exercised, the relevant change will take effect with the User’s next use of the Platform. If the User does not accept these changes, they reserve the right to terminate this Agreement as specified below.
3.15 The User may not transfer or assign their 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 they have entered into the Platform at any time through the Platform. A User whose membership has been terminated will not be able to access their account, except in the cases specified in Article 7.6.
3.17 In the event of a breach of this Agreement, other terms and conditions within the scope of the Platform, and the declarations and undertakings in this context, the Company shall have the right to suspend the User’s membership or terminate the Agreement as specified below, thereby terminating the user status. In such a case, the Company reserves the right to claim damages arising from the said breach from the User.
Article 4. Payment Terms
4.1 The User will only be able to benefit from the Application in return for paying the fees declared within the Platform in full and without any deficiencies, with the payment terms and tools declared within the Platform.
4.2 The User may use the Application without paying a fee for the trial period specified within the Platform. At the end of the said trial period, the User’s membership will become a paid membership, the type of which will be determined according to the service level, functionality, campaigns, or contract period. The fees, payment terms, and effective dates of the fees for the Application will be announced in the relevant sections of the Platform. The User may upgrade or downgrade their membership package at their own request. Requests for this will be carried out at the end of the relevant membership period, unless otherwise stipulated by the Company. Changes to the fees and payment terms for the membership package during the User’s membership period will not be applied until the end of the User’s membership period; the new fees and payment terms will be valid with the start of the new membership period. No refunds will be made in the event of the termination of the membership for any reason, including the termination of the Agreement, during the membership period.
4.3 The User’s membership will be automatically renewed at the end of each period, unless requested otherwise by the User up to 14 (fourteen) days before the end of the period.
4.4 If the User receives a prepaid service from the Application, the invoice will be issued to the address specified during membership after the payment and will be shared with the User as an electronic invoice. If the User receives a post-paid service from the Application, they will pay the relevant amount on the invoice within 7 (seven) days following the invoice date. The User is responsible for paying the 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 to carry out transactions related to the User’s membership and payment and to make updates related to bank integration.
Article 5. Intellectual Property Rights
5.1 All rights, ownership, 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 other conditions related to the Platform can be interpreted as transferring the rights and interests related to the Platform to the User. Under this Agreement, the User grants the Company the right to use, copy, transmit, store, and back up their information and Content for the purpose of the User’s access to the Application, use of the Application, and other purposes related to the provision of services. The Company has the right to sublicense the Content to third-party developers for the purpose of providing services.3
5.2 The User does not have the right to copy, modify, reproduce, reverse e4ngineer, decompile, or in any other way access the source code of the software on the Site, or to create a derivative work from the Platform for any reason or under any circumstance. It is strictly forbidden to modify the browser and content related to the Platform in any way, or 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 affiliated companies’) trade name, brand, service mark, logo, domain name, etc., in any way.
Article 6. Limitation of Liability
6.1 The Application, software, and other content within the scope of the Platform are provided “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 accepts that the Company also does not make any commitment regarding the relationship between the 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 for the Platform to be accessible and usable 24/7, it does not give any guarantee regarding the functionality and accessibility of the systems that provide access to the Platform. The User accepts that access to the Platform may be blocked or interrupted at various times. The Company is in no way responsible for these blockages or interruptions.
6.2 The User accepts and declares that links to other websites and/or portals, files, or content not under the control of the Company may be provided through the Platform, and that such links do not constitute a statement or guarantee of any kind for the purpose of supporting the website or the person operating it, or the website or the information it contains, and that the Company has no responsibility for the portals, websites, files, and content, services, or products accessed through these links or their content.
6.3 The User accepts that the access to and quality of the Application and Applications offered through the Platform are largely based on the quality of the service provided by the relevant Internet Service Provider, and that the Company has no responsibility for problems arising from the said service quality.
6.4 The User is exclusively responsible for the content they upload and for the use of the Platform. The User accepts that they will hold the Company harmless from any and all claims and demands that may be made by third parties regarding intellectual property violations, the Content, and the use of the Platform (including litigation costs and attorney fees).
6.5 To the extent permitted by the applicable law, the Company will not be responsible for any direct, indirect, special, incidental, punitive damages arising from the use of the Platform, including but not limited to loss of profit, loss of goodwill and reputation, and expenses incurred for the procurement of substitute products and services. In addition, the Company declares that it gives 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 will in any case be limited to the amount paid by the User for the services subject to this Agreement up to the date the relevant damage occurred.
Article 7. Effectiveness and Termination of the Agreement
7.1 This Agreement will come into force upon the User’s electronic acceptance and will remain in effect until terminated by either Party as specified below.
7.2 Either Party may terminate this Agreement at any time, without giving any reason and without paying compensation, by giving a written notice to the other party’s declared email address 14 (fourteen) days in advance.
7.3 If one of the Parties fails to fully and properly fulfill its obligations arising from this Agreement and the said breach is not remedied within the period given despite a written notice from the other party, this Agreement may be terminated by the notifying party. If the said breach is committed by the User, the Company will have the right to suspend the User’s status until the breach is remedied. If the User violates the applicable legislation, the Company may terminate the Agreement for a just cause with immediate effect.
7.4 The termination of the Agreement will not eliminate the rights and obligations of the Parties that have arisen until the date of termination. With the termination of the Agreement, the User is responsible for all fees and expenses that have arisen until that date and will not be able to use the Platform as of the termination date. In the event of the termination of prepaid memberships, no refunds will be made to the User.
7.5 The Company may terminate this Agreement if the User’s account is inactive for 3 (three) months.
7.6 In cases where this Agreement is terminated, the User may request access to the Content within the first 6 (six) months, unless prevented by legal reasons.
7.7 The Company has the right to store the Content in its databases as long as this Agreement is in effect. The User may receive the Content free of charge within 6 (six) months following the end of the User’s membership period or this Agreement. The Company may request a fee for such requests made after this period has expired. The relevant fees will be specified within the Application.
Article 8. Miscellaneous Provisions
8.1 The invalidity, illegality, and unenforceability of any provision of this Agreement or any expression in the Agreement will not affect the effectiveness and validity of the remaining provisions of the Agreement.
8.2 This Agreement is a whole with its annexes. In case of any conflict between the Agreement and its annexes, the provisions in the relevant annexes will prevail.
8.3 Communication with the User will be made via the email they provided during registration or through general information on the Platform. Communication via email will 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 will be applied in the interpretation of this Agreement and all disputes arising from this Agreement and its annexes; the Istanbul Central (Çağlayan) Courts and Enforcement Offices will have jurisdiction.
Article 9. Commercial Electronic Message
9.1 The User gives their consent for eMuhasebe and its community companies to send them commercial electronic messages and other messages in accordance with the relevant laws for the purpose of announcing general/special opportunities about the products and services offered to them, keeping them informed of current developments, sending congratulatory messages, sharing content such as presentations and newsletters, and for promotion and advertising, and that their contact information, identity information, and marketing information are collected for the purpose of conducting sales and advertising/campaign/promotion processes for goods/services, and that messages will be sent to them through their preferred channel, and that they can always change their communication preferences or stop communication by rejecting the operation specified in the messages they receive without giving any reason, and that commercial electronic messages and other messages can be sent to them via SMS/text message, automatic calls, telephone calls, social media and online advertising networks, email/mail, and other electronic communication channels in accordance with the laws.
