- This User Agreement ("Agreement”) regulates the terms and details of the use of the Infoset Platforms as a visitor, member, and subscriber (collectively referred to as “User”) as defined below, including the service and other related opportunities offered through the Infoset Platforms (“Platform”, “Infoset platform”, "Platform") together with the Infoset Mobile Application (“Application”) and website (“Website”) with https://Infoset.app/ domain name by Infoset Teknoloji Anonim Şirketi (“Infoset") resident at Aydınevler Mh. Oğuzhan Cd. Ata Plaza No:1-3/32 Maltepe, İstanbul and registered under Istanbul Trade Registry with the registration number 228720-5.
- This Agreement regulates the conditions that individuals must be subject to from the moment they access the Infoset Platform to visit, membership and subscription. The provisions that will be subject to this Agreement will vary according to the qualifications of Visitors, Members, and Subscribers to be gained according to the purpose of accessing the Platform.
- The definitions contained in this Agreement must be understood as defined below, unless otherwise expressly stated:
|Subscriber||It will mean individuals and legal entities who have increased their Subscription for a certain fee after becoming a member of the Infoset platform and using the 14 (fourteen) day Trial Period.|
|Subscription||It will mean the purchase of one of the Service Packs for a certain fee upon the completion of the 14 (fourteen) day Trial Period after becoming a Member of the Infoset Platform.|
|Blog||It will mean the medium in the Infoset Platform where articles related to the Services are published.|
|Cloud Operator||It will mean the internet-based new generation telephone exchange that provides service over the internet with cloud technology and where you can use operator features from wherever there is the internet.|
|Cloud Call Center||It will mean the set of Services as comprehensive tools, applications, and cloud hosting for contact centers that require multiple communication channels (including phone calls, messaging, web chat, mail), advanced call direction, agent management, and analytics.|
|Live Chat||It will mean one-to-one communication with authorized persons over the Internet.|
|Chatbot||It will mean the software that simulates written or spoken human speech designed to solve problems or obtain information during live chat.|
|CALL CENTER||It will mean one of the types of Subscriptions provided on the Platform. The user will be able to access the current services contained in the relevant Subscription type from the prices page on the Website.|
|CRM||It will mean one of the types of Subscriptions provided on the Platform. The user will be able to access the current services contained in the relevant Subscription type from the prices page on the Website.|
|Trial Period||It will mean the period that one of the Service Packs provided by Infoset can be used free of charge for 14 (fourteen) days as of becoming a member of the Infoset Platform.|
|Electronic Commerce Legislation||It will mean Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Electronic Commerce Service Providers and Intermediary Service Providers and other legislation published in accordance with this law.|
|ENTERPRISE HUB||It will mean one of the types of Subscriptions provided on the Platform. The user will be able to access the current services contained in the relevant Subscription type from the prices page on the Website.|
|Electronic Device(s)||It will mean a computer, tablet, smartphone and/or other electronic device(s) capable of running the main up-to-date internet browsers in its category.|
|Service||Although the scope of the Service provided with the subscription type also varies, it will mean the supporting channels such as incoming/outgoing call (Cloud Call Center, Cloud Operator), e-mail, live support, Chatbot that is offered to legal entities on the Infoset Platform.|
|Service Package||It will mean “CRM, Call Center, Pro Hub, Enterprise Hub” packages offered by Infoset to the Subscribers.|
|Service Provider||It will mean natural or legal persons engaged in electronic commerce activities in accordance with Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Electronic Commerce Service Providers and Intermediary Service Providers.|
|Infoset Platform||It will mean the leading cloud omnichannel support and sales platform where all support and sales channels such as incoming/outgoing calls (Cloud Call Center, Cloud Switchboard), e-mail, live support, Chatbot can be managed from a single platform.|
|Content Provider||It will mean natural or legal persons who produce, modify and provide any information or data submitted through the internet environment in accordance with the Internet law.|
|Internet Law||It will mean Law No. 5651 on the Regulation of Broadcasts Made on the Internet and the Fight Against Crimes Committed Through These Publications.|
|User(s)||It will mean the natural or legal persons who access the Infoset Platform as a Visitor, Member, or Subscriber and benefit from the facilities offered on the Infoset Platform under the conditions specified in this Agreement.|
|Payment System||It will mean an online payment system defined by Infoset and integrated into the Platform, allowing the collection to be made electronically and provided by an organization that has a member workplace agreement.|
|Panel||It will mean the platform that faces individuals who are members of the Infoset Platform and hosts the services offered by Infoset and on which the member can trade.|
|Sales Partnership Program||It will mean a program that Infoset business partners provide to their customers and receive payment in accordance with the commission rate if a sale is made.|
|Social Media Accounts||It will mean Facebook, Twitter, WhatsApp, and other social media platforms where users can share their Blog posts.|
|Telecommunications Operator||It will mean communication and telecommunications service providers via telephone or internet.|
|Members||It will mean a natural or legal person who has the right to use the Infoset Platform for free during the Trial Period and to subscribe to the Infoset Platform after the expiration of this period.|
|Member||It will mean the use of the Infoset Platform during the Trial Period.|
|VOIP||It will mean voice calls performed in the Internet environment.|
|Help Center||It will mean the medium in which content is published to help the User.|
|Hosting Provider||It will mean natural or legal persons who provide or operate systems that include hosting and content services under the Internet Law.|
|Visitor(s)||It will mean the individuals who are not either Member or Subscriber that can perform various transactions specified in this Agreement by roaming on the Infoset Platform.|
- GENERAL TERMS
- This Agreement applies to the User whose detailed definition is given above, and all persons accessing the Infoset Platform as Visitors, Members, and/or Subscribers will be subject to this Agreement in different forms and terms.
- This Agreement must be read by the Visitor from the moment of access to the Infoset platform and before any transaction is performed on the Infoset Platform; before the Member becomes a member of the Infoset Platform; and before the Subscription is upgraded by the Subscriber to continue the use of the services offered on the Platform.
- In the event that some or all of the terms set out in the Agreement are not accepted by the User, transactions should not be carried out on the Infoset Platform. It will be understood that the User accepts and approves the terms written in this Agreement by performing a transaction on the Infoset Platform. In order to avoid doubt, it should be stated that the terms written in this Agreement;
- By the Visitor continuing to roam on the Infoset Platform,
- By a Member who has completed creating a membership account on the Infoset Platform,
- It will be understood that it has been accepted and approved by the Subscriber who has become a Member of the Infoset Platform and has upgraded its Subscription for a certain fee, by checking the box with the phrase "I have read and approve the User Agreement".
- Since the membership transaction can be performed through a representative on behalf of the company, it will be deemed that the relevant legal entity is bound by this Agreement and that the representative is authorized to represent and bind the relevant legal entity, otherwise, she/ he is personally responsible for the debts and obligations arising, and that the legal entity representative is authorized to act on behalf of the relevant legal entity. In this case, except in cases where the context refers to the natural person in the provisions of this Agreement, the regulations will be applied to the relevant legal entity.
- Infoset reserves the right to update and modify the Infoset Platform. Updates that may be made by Infoset from time to time on the Infoset Platform for the User are also covered by this Agreement, and if the User continues the use of the Infoset Platform and/or the facilities contained in the Infoset Platform, it will mean that the User is impliedly approved the updates.
- In case of any changes to this Agreement by Infoset, the current Agreement will be published via an access link on the Infoset Platform. The renewed Agreement will be valid in favor of its articles from the moment it is published, and all current or future Users will be subject to updated terms.
- If the renewed Agreement is not accepted by the Visitor, access to the Infoset Platform must be terminated immediately. If the renewed Agreement is not accepted by the Member and Subscriber, the use of the Membership account and Subscription on the Infoset Platform must be terminated immediately. The Users who want to cancel their Membership and/or Subscription account must send an e-mail to firstname.lastname@example.org or click on the "Membership / Subscription Cancellation" button on the Panel.
- INFOSET PLATFORM
- Infoset Platform is a sales and support platform that allows the management of customer support and sales operations related to customer services, and manage all support and sales channels such as incoming/outgoing calls (Cloud Call Center, Cloud Operator), e-mail, live support, Chatbot from a single channel.
- The scope of the content and Services provided through the Infoset Platform differ for Users with the title of Visitors, Members, and Subscribers.
- In the Infoset Platform that the Visitor accesses through the Website;
- can access the Website,
- can read Blog and articles and share them on their Social Media Accounts,
- can communicate with Infoset through various channels and
- can request to become a sales partner.
- The Visitor will become a Member after the completion of the Membership procedures and will become a Subscriber after the completion of the Subscription procedures.
- In the Infoset Platform that the Member accesses through the Website;
- can perform all transactions made by the Visitor,
- can provide 14 (fourteen) days free Trial Period,
- can benefit from incoming/outgoing call (Cloud Call Center, Cloud Switchboard), e-mail integration, live support, Chatbot, Help Center Services within the Trial Period, and
- can increase its Subscription upon request at the end of the Trial Period.
- In the Infoset Platform that the Subscriber accesses through the Website;
- can perform all the operations that the Visitor and Member can perform,
- can benefit from incoming/outgoing calls (Cloud Call Center, Cloud switchboard), e-mail integration, live support, Chatbot, Help Center Services within the scope of the Service Package selected.
- If the User is included in the Sales Partnership Program, the User has the right to receive 20% or 30% commission according to the monthly sales total if it offers one of the Service Packages of Infoset in addition to the services it offers to its customers. The Parties agree that the commission rates for the Sales Partnership Program may be changed at any time by Infoset by publishing it on the Infoset Platform beforehand.
- Users who are included in the Sales Partnership Program can open accounts for their new customers with a reference link in the sales partnership panel. Each account opened with this link is registered as a customer belonging to the user who is a sales partner. All details about customers, payments made, commissions, etc. all data can be tracked from the partnership panel.
- RIGHTS AND OBLIGATIONS OF THE VISITOR
- By accessing the Infoset Platform, the Visitor has the right to browse the Platform, read blogs and articles and share them on Social Media Accounts, contact Infoset via live support and email.
- The Visitor has the right to Subscribe to the Infoset Platform to benefit from the Infoset Platform for free during the Trial Period and to Subscribe to the Infoset Platform to benefit from the Service Packages as a Subscriber after the expiration of the Trial Period.
- COMMON RIGHTS AND OBLIGATIONS OF THE USER
- The User will access the Infoset Platform through Electronic Devices, which are at its sole responsibility to provide, and through a valid internet connection.
- Within the scope of this Agreement, the User accepts, declares, and undertakes that it shall not duplicate, distribute, copy and/or process the base or any other element of the texts, correspondence, video clips, sound recordings, files, data within the Infoset Platform in a manner of interfering the personal rights of Infoset and/or other third parties, intellectual property rights or property rights under the Law on Intellectual and Artistic Works numbered 5846.
- The User agrees, declares, and undertakes that it will not carry out transactions that will damage, prevent access, overload, or damage content and hosting providers, websites, services, or software belonging to or associated with Infoset.
- The User cannot block Infoset Platform servers or networks connected to Infoset Platform including transmitting the worm, virus, spyware, malware, or any other harmful or blocking code; cannot add content or codes that in any way change or block the way the Infoset Platform is displayed or displayed on Electronic Devices of other Users. The User cannot attempt to disrupt the integrity and performance of the Infoset Platform by including but not limited to reverse engineering, decompiling, penetration, intervention, reversal, copying activities.
- This Agreement;
- By stopping access to the Infoset Platform by the Visitor, at all times,
- By discontinuing the use of Membership and Trial Period by the Member, at all times,
- Subscription can be terminated at any time by the Subscriber within the terms and conditions specified in article 17 of this Agreement.
- MEMBERSHIP AND POST-MEMBERSHIP TRANSACTIONS
- The Visitor accessing the Infoset Platform must be a Member of the Infoset Platform to view the Platform contents offered through Infoset, to benefit from the Services during the free Trial Period, and to complete the Subscription procedures at the end of the Trial Period.
- The Visitor will gain the title of Member by transmitting the following information in the Membership form to the Infoset Platform:
- workplace e-mail address,
- password to be determined by them,
- company or application name,
- phone number and,
- promotion code (if any).
(collectively referred to as ”Membership Information".)
- Completing the Membership procedures in order to benefit from the opportunities offered to the Members within the Infoset Platform; submission of Membership Information to Infoset takes place by determining a password by the Visitor and then logging into the Infoset Platform.
- In order for the Visitor to complete the Membership transactions, the e-mail address information entered into the Infoset Platform must be accurate and up-to-date. A verification e-mail will be sent to the Visitor's e-mail address in order to confirm that the e-mail address is correct and up-to-date and to notify the account information consisting of the user name, password, and customer code of the Membership account opened to send the Membership Information to the Visitor. After these transactions are performed, the Membership process will be completed.
- In case the password used to log in to the Membership account is forgotten, it may be requested to send the password renewal instruction option to the e-mail address specified during the account creation process.
- All management and use of the Infoset Platform are carried out by the User. Therefore, it is the sole responsibility of the User to share its user names and passwords with third parties or this information's being seized by third parties. Infoset has no responsibility in cases that may occur due to incorrect, illegal, or unauthorized use of the user name and password. In cases of unpermitted and unauthorized use, the User is responsible for the damages incurred by Infoset or third parties.
- The Member will always be able to log in to its account on the Infoset Platform and update its information in its profile and add some additional data processed in accordance with the Privacy Notice shown at the Membership stage in order to perform the Services offered on the Platform.
- COMMON RIGHTS AND OBLIGATIONS OF MEMBER AND SUBSCRIBER
- There are 4 (four) Service Packs on the Infoset Platform: CRM, CALL CENTER, PRO HUB, ENTERPRISE HUB. After 14 (fourteen) days of free Trial Period, the Member will be able to upgrade its Subscription by adding a payment method after selecting one of these packages.
- The Service Package offered during the 14 (fourteen) days Trial Period is designated as PRO HUB. Infoset has the right to determine what the Service Packs will be offered to the Member during the Trial Period or to change them from time to time, at its sole discretion.
- The Member has the right to select additional services (Users, Operators, Extension Numbers, Chat Tools, E-mail Accounts, Additional Integrations, and Applications) and benefit from the related services during the subscription upgrade. Infoset may change additional services or add new additional services from time to time.
- The User will be able to follow the Subscription types, periods, and current pricing at https://infoset.app/tr/pricing. Infoset will be able to make changes from time to time on Subscription related issues.
- The Subscriber will pay the Subscription fee with the credit/debit card information added to the Infoset Platform on the order date. The invoice will be notified to the Subscriber on the order date. For invoices other than this, payment will be made within seven (7) business days at the latest from the date of notification of the invoice to the Subscriber.
- Unless otherwise requested by the Subscriber up to 30 (thirty) days before the end of the monthly or annual Subscriptions, the Subscription will be automatically renewed at the end of each subscription period.
- The Subscriber is deemed to have accepted to pay through the Payment System within the scope of the Subscription service offered through the Infoset Platform. The Subscriber will be subject to the Payment System's contract when paying to purchase the service offered through the Infoset Platform. The Subscriber is obliged to provide correct and complete bank/credit card information while making payment through the Payment System. The bank/credit card information provided by the Subscriber is stored by a licensed payment institution and is not used by Infoset.
- The Subscriber can create an automatic payment order by recording the payment information and thus has the right to use the Infoset Platform uninterruptedly.
- The Subscriber has the right to upgrade or downgrade the Membership package. Requests for this will be implemented at the end of the relevant Membership period unless otherwise stipulated by Infoset.
- Changes to be made in the fees and payment conditions of the Subscription package during the Subscription period will not be applied until the end of the Subscription period, and the new fees and payment conditions will be valid with the start of the new Membership period. Any refund will not be made if the Membership expires for any reason, including termination of the Agreement during the Membership period.
- The Visitor is exclusively responsible for the correct, complete, and up-to-date information requested from its while creating its Membership; in case of any change in this information, the Member is responsible for delivering the necessary notifications to Infoset without delay. The Visitor will not be able to make any request from Infoset if it is unable to use the Infoset Platform properly due to the incomplete and/or incorrect information it has provided, in the cases of it is in danger of being damaged or is damaged.
- The Visitor accepts, agrees, and undertakes that it will act in accordance with all the terms of this Agreement, the rules and legislation announced by the Infoset Platform, and/or to be announced at any time in the future during the performing of the membership procedures, benefiting from the Services offered within the Infoset Platform, and performing of the Service or any transaction related to the Services.
- A Trial Period of 14 (fourteen) days is defined for the Member in order to benefit from the services offered on the Platform free of charge after the membership process is completed. After the 14 (fourteen) day period has been completed, the Member, if it wishes, has the right to increase its Subscription by fulfilling the appropriate payment terms as specified in article 8.1.
- The Member who uses the right to upgrade its Subscription after the Trial Period becomes a Subscriber.
- In this case, the Member has the right to choose one of the monthly or annual invoicing options.
- Users who choose the annual billing period can benefit from the Subscription package of their choice at a 20% (twenty percent) discount. However, Infoset has the right to change or cancel the said discount rate by publishing it on the Infoset Platform beforehand.
- The User has the right to act only for the company that it represents within the scope of this Agreement, and cannot partially or completely transfer its rights and obligations under this Agreement to any third party, cannot open its Membership in the Infoset Platform to the use of other persons, and cannot share the information it shares with the Infoset Platform with third parties.
- The User is exclusively responsible for all activities to be performed within the scope of the Platform. The User must immediately inform Infoset if it notices any security breach, including the illegal disclosure or use of membership details, or if there is any suspicion about these issues.
- The User is authorized to approve or refuse to send instant notification messages by Infoset.
- The 14 (fourteen) days Trial Period starts with the User's filling out the Membership form. From the moment the Trial Period begins, the User has the right to use the Panel containing the Services offered by Infoset and to benefit from these Services.
- If the default data field is insufficient in the "Customers" section of the Panel, the User has the right to import the CRM, CSV, and Excel files currently used by the User by creating a special data field. In this case, the User will be responsible for the damages caused by the transferred files to the Infoset Platform.
- The User has the right to integrate a phone number into Infoset to create a Cloud Call Center and/or Operator via Infoset.
- The User can create an automatic support request from Live Chat Conversations, incoming e-mails, and incoming calls. Support requests created can be transferred on to personnel in the unit that deals with that request.
- The User has the right to create a customized Live Chat screen by creating a Chatbot from the Panel via Live Chat and integrating it into its website or mobile application.
- RIGHTS AND OBLIGATIONS OF INFOSET
- Infoset acknowledges that it will fulfill its obligations as the Content Provider regarding the content of the Blog posts in accordance with the Internet Law.
- Infoset has the title of Service Provider within the scope of the Services offered on the Infoset Platform and accepts that it will fulfill its obligations in accordance with the Electronic Commerce Legislation.
- Infoset will take the necessary care to provide the Services offered on the Infoset Platform in a timely, secure, and error-free manner, to ensure that the results obtained from the use of the Service are accurate and reliable and that the Service quality meets the expectations, and Infoset does not have any commitments regarding the aforementioned issues. However, it does not guarantee that the Infoset Platform is open 24 hours a day, 7 days a week.
- Infoset is obliged to provide the technical infrastructure required to provide the Services specified in article 8.1. of this Agreement to the User and, to make the effort expected from it reasonably to correct this failure in the event of a possible technical failure.
- Within the scope of this Agreement, the Payment System commission incurred as a result of the execution of the subscription fee payment transactions through the Payment System on the Infoset Platform will be covered by Infoset.
- Infoset accepts that it will send invoices etc. to the User in accordance with the Tax Procedure Law No. 213 for the paid subscription fee.
- Until the Subscriber completes the payment, Infoset reserves the right to close or open the relevant Service.
- Infoset may temporarily suspend the operation of the Infoset Platform at any time, perform technical maintenance, repairs, and updates on the Infoset Platform, or cease the use of the Infoset Platform partially or completely.
- Infoset reserves the right to change the content of the Infoset Platform, the way of use, the information required for Membership, Subscription types, Membership conditions, payment methods, and other matters regarding the Infoset Platform. In this context, Infoset can convert transactions that currently do not require Membership to Membership-required, offer additional Services, and may partially or completely change some Services. Infoset can convert the Services that it offers free of charge into paid services, update the fees of the currently paid Services or make them free of charge.
- Infoset reserves the right to reject the Membership and Subscription applications of those who apply for Membership in a way that goes against the purpose and nature of the Infoset Platform.
- Infoset will finalize the termination requests of Membership without delay if the necessary conditions are met.
- In the event that the User uses the facilities provided to it outside the scope of the stipulated legal remedies and/or violates this Agreement; Infoset is authorized to unilaterally terminate the User's use of the Infoset Platform or its Membership or Subscription within the Infoset Platform.
- Infoset has no obligation to check whether the information provided for Membership and Subscription meets the conditions specified in this Agreement. If it is determined that the relevant User does not meet these conditions, Infoset reserves the right to terminate the Membership or Subscription of the relevant person.
- Infoset is authorized to disclose all data to the competent authorities if duly requested by the official authorities due to mandatory legislation or sub-regulatory procedures. Such disclosure cannot be considered as a breach of data privacy or protection of personal data.
- Infoset may permanently and/or temporarily suspend the User's Membership or Subscription, at its sole discretion, in the event of any lawsuit, execution proceedings, or provisional injunction/precautionary assessment decision against the User, investigation, and/or indictment by the Public Prosecution Office. In this case, if it is determined that the relevant person has opened another account and/or opened an account, Infoset will be able to claim compensation for any damages suffered/may be incurred by closing these accounts.
- This Agreement will remain in force for the period during which the user is a Member or Subscriber to the Platform and will continue to have its terms and conditions; it will be considered terminated if the User's Membership or Subscription is temporarily or permanently terminated or voluntarily closed, and if the Visitor ceases to access on the Infoset platform. Infoset may terminate the User Agreement of the relevant person unilaterally in case the User violates this User Agreement and/or similar warnings and rules regarding the usage, Membership, Subscription, and Service in the Platform.
- Infoset, at its sole discretion, may unilaterally amend this Agreement and any policy, terms, and conditions on the Platform by announcing it on the Platform at any time it deems appropriate, provided that it is not contrary to the provisions of the applicable legislation. The changed provisions of this Agreement will become effective on the date they are announced on the Platform, the remaining provisions will remain in effect and continue to have their results and consequences.
- Infoset may transfer, assign or transfer all kinds of rights, powers, debts, and obligations that it has within the scope of this Agreement to third parties and/or institutions at any time, partially or completely, provided that the User is notified.
- Infoset undertakes that it will not send commercial electronic messages to the User without the prior consent of the User within the scope of the Regulation on Commercial Communication and Commercial Electronic Messages published in the Official Gazette numbered 29417 and dated 15.07.2019 and will provide the User the "right of refuse the commercial massage" and "right of withdrawing the given consent". This commitment will not be valid if the User communicates with Infoset automatically and gives its contact information to Infoset in order to contact itself, and no approval will be required for commercial electronic messages in this case.
- Infoset will be able to notify the relevant person that it has received the purchase request for the Service, over the network where the transaction is made, as well as at least one of the tools such as e-mail, text message, phone call.
- Infoset is not obliged and liable to investigate the accuracy of the information and content transmitted by the User to Infoset or uploaded, changed, or provided by the User on the Platform, to undertake and guarantee that such information and content are safe, correct, and lawful, and for any damages arising from incorrect information and content.
- Infoset shall not be liable for any damages caused directly or indirectly by the User or third-parties as a result of the use of the Infoset Platform, including, but not limited to, loss of profits, loss of goodwill and reputation, expenses for the supply of substitute products and services, to the maximum extent permitted by law.
- Infoset also declares that it makes no warranties, express or implied, including, but not limited to, the implied warranty, merchantability, compliance for a particular purpose. The liability of Infoset under this Agreement will, in any case, be limited to the monthly subscription fee paid by the User under the services subject to this Agreement on the date of the related damage.
- Infoset declares that it does not give any express or implied warranty regarding any integration such as social media accounts, 3rd party applications, or User's own software that the User integrated or will integrate into Infoset. Infoset is not responsible for any material and/or moral damages that may arise as a result of these integrations.
- Infoset cannot be liable in any way, directly and/or indirectly, for the damages incurred or may be incurred by third parties due to the activities performed by the User on the Platform contrary to the provisions of this Agreement and/or the law. Otherwise, Infoset has the right to recourse any damage it may suffer.
- Infoset is not liable for the negligence and behavior of the User regarding the use of the Infoset Platform, as long as permitted in accordance with the applicable laws.
- All legal changes arising out of the scope of this Agreement are outside the responsibility of Infoset and will be reflected in the Agreement in the same way.
- Infoset will not be held liable for any damages that may arise if the information determined during the account creation and payment of the subscription fee is shared with third parties and/or seized by third parties.
- Infoset is not directly and/or indirectly responsible for any damages incurred / may be incurred by the User as a result of the transfer of its account contrary to this Agreement and the use of it to third parties.
- If the User accesses the Infoset Platform through Electronic Devices that are not owned by the User or are not suitable for using the Infoset Platform, and therefore any person suffers material and/or immaterial damage, the User will be responsible for all damages.
- Infoset will not be responsible for the failure or delay of partially or fully fulfilling its responsibilities under this Agreement due to some objective impossibilities that may be called force majeure such as natural disasters, terrorist incidents, war, military practices, epidemic/pandemic, and related government measures and/or intense transportation restrictions, natural disasters such as fire, earthquake, loss of energy and workforce, damage to servers, network systems, software leakage; and Infoset has the right to temporarily suspend/stop the Services offered on the Infoset Platform until the force majeure is eliminated.
- Infoset will only be able to access data such as call center records, e-mail records, Live Chat records regarding the Services that the User has benefitted from, only if the User permits. Infoset will not be liable for any immoral communication or inappropriate content sharing in these records.
- The User agrees to use the contact information provided to the Infoset Platform for all kinds of notifications, including service renewal announcements made by Infoset. All responsibility for the fact that the contact information is valid, belongs to an authorized person related to the Services received, and is kept up to date belongs to the User.
- Communication with the user will be made via e-mail that it notified during the Membership transactions or by providing general announcement on the Infoset Platform. It is the User's responsibility to keep the e-mail address up-to-date and accurate and to regularly check the information on the Infoset Platform.
- The User agrees that Infoset will not be responsible for any failures in its Services due to problems and/or delays that may occur, under any condition.
- The quality of the voice calls made through the application is limited by the Internet infrastructure of the User and the service guarantee provided by the Telecommunication operator from which it receives VOIP service.
- Infoset is not responsible for its failure to fulfill its obligations under this agreement promptly due to technical failures that may occur by access providers, VOIP operators, Telecommunications Operators, hosting providers or GSM operators, or similar technical problems that may arise outside Infoset's control. However, services and commitments that are incomplete or not made on time will be fulfilled by Infoset as soon as possible after the end of technical failures caused by third parties that cause the service to be interrupted or not fulfilled on time.
- VOIP call service through the Application is provided by the Telecommunications operator with whom the User has conducted an Agreement. Infoset is not responsible for any material or immaterial damages between the User and the Telecommunications operator with whom it has conducted an agreement.
- Infoset is not responsible for problems arising from the Telecommunications operator.
- Infoset is not responsible for the incorrect settings made by the User while using the Infoset Platform and the direct and/or indirect damages incurred by the User or third-parties as a result of these errors.
- The content and information shared by the User on the Infoset Platform are the property of the User and all responsibility for them belongs to the User.
- The User will keep copies of the information that it shares with the Infoset Platform. Although Infoset complies with the necessary policies and procedures to prevent data loss, it does not guarantee that the loss of this information will not occur. Infoset is not responsible for the loss of such information under any circumstances.
- Infoset is in no way responsible for any direct and/or indirect damages that may arise on the User or third parties due to any misuse of the Infoset Platform or any use, including illegal use or illegal use.
- The User agrees, declares, and undertakes that it will be bind with the Commitment for the Processing of Personal Data ("Commitment") in the Annex-1 in accordance with the relationship that will occur between the Parties within the scope of this Agreement to ensure the fulfillment of the obligations in the PDPL and its secondary legislation regarding all kinds of transactions, activities, actions, work, and actions and to determine the relationship between the User and Infoset in this context.
- The User will be able to reach Infoset by sending an e-mail to email@example.com and calling +90 850 450 00 40 for the use of the Infoset Platform or questions and notifications to be made in accordance with this Agreement.
- ASSIGNMENT AND TRANSPORTATION
- Infoset, at any time, may partially or wholly transfer, assign or convey any rights or powers or debts or obligations concerning the content of the Infoset Platform issued under this Agreement to third parties or institutions provided that the User is notified.
- ENTIRE AGREEMENT
- This Agreement forms a whole with its annexes. The invalidity, illegality, and inapplicability of any provision of this Agreement or any statement in the Agreement will not affect the validity or validity of the remaining provisions of the Agreement.
- EVIDENTIAL CONTRACT
- The Parties accept, declare, and undertake that the Parties' books, computer records, system records kept in the database and servers, commercial messages, instant messaging applications correspondence, e-mails, social media correspondence shall be binding, valid, precise, and exclusive evidence and that this provision is like a definitive evidence agreement, in any dispute that may arise from this Agreement.
- APPLICABLE LAW AND COMPETENT COURT
- Turkish Law will be applied in the settlement of all disputes that may arise from this Agreement; Within the scope of this Agreement, if the User is a public legal person or a real person merchant, the Istanbul Central (Çağlayan) Courts and Enforcement Offices are authorized.
- The Parties may terminate this Agreement at any time. However, the following circumstances constitute an exception to this provision;
- If the 14 (fourteen) day free Trial Period expires, the User has not upgraded its Subscription,
- If the Subscription type chosen by the User has not been re-subscribed due to expiration, this Agreement will automatically expire.
- If the User/Visitor terminates this Agreement, the use of the Infoset Platform must be stopped immediately.
- The Subscriber, who started to benefit from the services offered by Infoset by upgrading its Subscription, cannot request a refund of the unused period within the scope of the Subscription in case the Subscriber terminates this Agreement before the subscription period expires.
- Infoset has the right to terminate this Agreement immediately without any notice in case the Users act against this Agreement.
- The Parties may terminate this Agreement at any time. However, the following circumstances constitute an exception to this provision;
COMMITMENT ON PERSONAL DATA PROCESSING
This Commitment on Personal Data Processing (”Commitment“) includes the obligations that must be fulfilled by the Parties regarding transfer of the personal data belongs to own users of the User (”DataController“) which authorized by İnfoset Teknoloji Anonim Şirketi (”Data Processor“) (together they can be referred to as the “Parties”) to İnfoset Teknoloji Anonim Şirketi through the http://www.infoset.app and the commitments related to the personal data obtained on behalf of the Data Controller in accordance with the Law on the Protection of Personal Data No. 6698 (“PDPL”).
This Commitment sets forth the data processing activities to be carried out by the Data Processor on behalf of the Data Controller, the obligations of the Data Processor due to having this title, and the procedures and principles to be followed during the execution of these activities within the scope of the authority granted to the Data Processor.
- Under this Commitment;
- "Personal Data"; means any information relating to an identified or identifiable natural person that will be transferred by the Data Controller to the Data Processor or processed by the Data Processor on behalf of the Data Controller,
- “Special Categories of Personal Data”; means personal data relating to the race, ethnic origin, political opinion, philosophical belief, religion, religious sect or other belief, appearance, membership to associations, foundations or trade-unions, data concerning health, sexual life, criminal convictions, and security measures, and the biometric and genetic data (within the scope of this Commitment, “Personal Data” will also cover "special categories of personal data" as appropriate),
- “Processing” means any operation which is performed on personal data, wholly or partially by automated means or non-automated means provided to form the part of a data filing system, such as collection, recording, storage, protection, alteration, adaptation, disclosure, transfer, acquisition, making available for collection, categorization, preventing the use thereof,
- “PDPL" means the Personal Data Protection Law No. 6698.
- Under this Commitment;
- Declarations and Warranties
- Within the scope of the commercial relationship between them, Parties agree, declare and undertake that (i) the User has the title of Data Controller and Infoset has the title of Data Processor; (ii) Infoset processes the personal data in accordance with the instructions given by the Data Controller, (iii) the Data Controller is authorized to make decisions regarding the processing of personal data.
- The Data Controller and the Data Processor agree, declare and undertake that the Data Controller will decide on (i) the collection of personal data and the collecting method, (ii) the categories of personal data to be collected, (iii) for what purposes the collected data will be used, (iv) whose personal data will be collected, (v) whether the collected data will be shared and if so, with whom, (vi) how long the data will be stored.
- The Data Controller and the Data Processor agree and declare that the Data Controller is obliged to inform the data subject or where necessary, to obtain the explicit consent of the data subject according to PDPL and regarding the personal data shared with the Data Processor.
- The Data Controller and the Data Processor are jointly responsible for taking all necessary technical and administrative measures to ensure the appropriate level of security according to the nature of the personal data to prevent unlawful processing of personal data, to prevent unlawful access to personal data, and to ensure the protection of personal data.
- The Data Processor and the Data Controller agree that the Data Processor will notify the Data Controller as soon as possible in the event of an incident that is a data breach or that can be qualified as a data breach regarding the personal data processed by the Data Processor on behalf of the Data Controller or in the environment where such data is available and as of this notification, the Data Controller will fulfill its obligations arising from the PDPL regarding the related breach.
- Without prejudice to the obligations regarding storage under the laws, the Data Processor is obliged to delete and destroy the Personal Data that were transferred to it or obtained on behalf of the Data Controller upon the written request of the Data Controller when the reason for the processing of Personal Data disappears.
- The Data Processor agrees, declares, and undertakes that it will take all necessary technical and administrative measures to prevent unlawful access to Personal Data shared by the Data Controller or obtained on behalf of the Data Controller by its employees or third parties and illegal use of the relevant data except for transfer.
- If the Data Controller transfers special categories of personal data to the Data Processor or the Data Processor collects special categories of personal data on behalf of the Data Controller, the Data Processor agrees, declares, and undertakes that it shall take additional security measures for special categories of personal data in compliance to Article 6 of the PDPL, related legislation, and Personal Data Protection Board’s decisions.
- The Data Processor agrees, declares, and undertakes that it will transmit to the Data Controller the requests of the data subject, which concern the Data Controller and were directly or indirectly transmitted in any way to the Data Processor, within a reasonable period and will act in accordance with the PDPL within this scope.
- The Data Processor agrees, declares, and undertakes to act in accordance with the following when the Data Processor acts as a data processor about the personal data transferred to it by the Data Controller or obtained on behalf of the Data Controller:
- To take measures in order to ensure data security recommended by the Personal Data Protection Board about ensuring data security,
- To be under the obligation of confidentiality as per paragraph 4 of Article 12 of the PDPL,
- To be obliged to notify the Data Controller in case of any data breach.
- The Data Controller reserves its right of recourse to the Data Processor at the rate of its fault for the compensation it may be obliged to pay or due to the legal, administrative, and criminal sanctions or for the damages that the Data Controller may directly or indirectly incur because the Data Processor violates this Commitment or the applicable legislation or due to the reasons arising from the Data Processor's business partners or third parties to whom personal data is transferred by the Data Processor. The Data Processor agrees, declares, and undertakes that it will pay the direct and indirect damages incurred by the Data Controller immediately, completely, in cash and at the rate of its fault, if the Data Controller requests based on these reasons.
Last updated: 24.05.2021