This User Agreement (“Agreement”), has been concluded between EXA BİLİŞİM VE TEKNOLOJİ SİSTEMLERİ A.Ş. (the “Company”) and the person who registered as a user (“User”) in the application (“Provimes”) at www.provimes.com. The Agreement will enter into force upon its acceptance by the User in electronic form; and will remain in effect unless terminated by the parties in accordance with the procedures specified in the Agreement.
This Agreement has been concluded for the purpose of defining the terms and conditions and the rights and obligations of the parties regarding the use of the application (“Application”) that manages the cloud-based Communications, Activities, Persons and Documents accessed by the User through Provimes and the data (“Content”) uploaded by the User to Provimes. Terms of use, rules and conditions presented to Users by the Company regarding the use of Provimes and the Application are also an annex and an integral part of this Agreement. It constitutes all of the rights and obligations of the parties together with the rights and obligations contained herein.
3.1 The User declares that he/she knows that he/she 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 Provimes. In case of any change in the information provided during the establishment of the user status, such information will be updated immediately. The Company is not responsible for the inability to access and benefit from the Provimes application due to incomplete or untrue information or outdated information.
3.2 The User declares that he/she has completed the age of 18 and has the legal capacity to conclude this Agreement. If the User is accessing Provimes on behalf of a business, the User accepts and declares that he has the necessary authorization. In this case, the User status, rights and obligations will belong to the business in question.
3.3 The User has the right to establish a single User account. Following the suspension or termination of the User account by the Company, it is prohibited to establish a second account by the User using the same or other information.
3.4 Access to Provimes by the user will be done using his/her e-mail address and password. The User will be responsible for maintaining the confidentiality and security of this password. All kinds of activities carried out with the use of the said information on Provimes will be deemed to be carried out by the User, and any legal and criminal responsibility arising from these activities will belong to the User. When the user becomes aware of the unauthorized use of his password or any other breach of security, he shall immediately notify the Company of this situation.
3.5 The Company will store and use the information and data shared by the User within the scope of the "Privacy Policy", which is in addition to this Agreement. The User accepts that the Company may share the information of the User with the relevant authorities in case of a request from the competent authorities in accordance with the current legislation. Apart from this, the information of the User and the transactions carried out by the User through Provimes may be used for the security of the User and to fulfill the obligations of the Company and for some statistical evaluations.The User accepts that the Content and other information may be stored by the Company or third parties in data centers located in Turkey or abroad.
3.6 In case of technical problems with the Application, the User will make reasonable efforts to identify and diagnose the problem before contacting the Company. In case the User's technical support needs continue, the necessary support will be provided through the Provimes Application or other appropriate channels.
3.7 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 enter into force with the next use of Provimes by the User. If the User does not accept such changes, the right to terminate this Agreement as stated below is reserved.
3.8 User, Within User account and this Agreement, cannot transfer or assign to a third party in any way rights and obligations arising from the use of Provimes
3.9 In case the User acts contrary to this Agreement and other terms and conditions within the scope of Provimes, and the declarations and commitments within this scope.The Company shall have the right to suspend the User's membership or terminate the User's status in this way by terminating the Agreement as stated below. In such a case, the Company reserves the right to claim damages arising from such violation from the User.
4.1 The User will only be able to benefit from the Application in return for full and complete payment of the fees declared in Provimes, with the payment terms and means declared in Provimes.
4.2 The User will be able to use the Application free of charge for the period specified in the Provimes. At the end of the said trial period, the User's membership will become a paid membership to be determined according to the type of service level, functionality, campaigns or contract period.Fees for the Application, payment terms, effective dates of fees will be announced in the relevant sections of Provimes. The user will be able to upgrade or downgrade the membership package at his own discretion. Requests for this will be made at the end of the relevant membership period, unless otherwise stipulated by the Company. Changes to be made in the fee and payment terms of the membership package during the User's membership period will not be implemented until the end of the User's membership period. The new fees and payment terms will apply at the start of the new membership period. No refund will be made if the membership is terminated for any reason, including the termination of the Agreement, during the membership period.
4.3 Unless otherwise requested by the User 14 (fourteen) days before the end of the period, the User's membership will be automatically renewed at the end of each period.
4.4 After the user registration is created by making the payment, the company will send the e-invoice regarding the usage fees at the beginning of the membership period to the e-mail address specified during registration.
5.1 All rights, ownership and interest on Provimes and the Application belong to the Company. No provision in the Agreement and other terms of Provimes can be interpreted as transferring the rights and benefits of Provimes and the Application to the User. In return for the User's access to the Application, use of the Application and provision of services under this Agreement, grants the company the right to use, copy, transmit, store and back up his/her own information.The Company has the right to sublicense the Content to third party developers for the purpose of providing services.
5.2 The User does not have the right to copy, modify, reproduce, reverse engineering, decompile or otherwise access the source code of the software on Provimes or create new works by processing Provimes, in any way or for any reason. It is strictly forbidden to change the browser and content of Provimes in any way, and provide a link to or from Provimes without the express permission of the Company.
5.3 The User can not use in any way retain the trade name, brand, service mark, logo, domain name, etc. of the Company (or its affiliates).
5.4 The Company reserves the right to change the names and locations of the menus in the Application.
6.1 Application, software and other content within the scope of Provimes are provided "AS IS". In this context, the Company does not have any 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 commitments regarding the relationship between Content and other User data. The Company does not undertake that the use of the Application is uninterrupted and error-free.While the Company aims to make the Application accessible and usable 24/7, it does not guarantee the functionality and accessibility of the systems that provide access to the Application. The User agrees that access to the Application may be blocked or interrupted from time to time. The Company is in no way responsible for such blocking or interruptions.
6.2 The User accepts that the quality of Applications and access to Applications offered through Provimes largely depends on the quality of the service provided by the relevant Internet Service Provider, and that the Company has no responsibility for the problems arising from the said service quality.
6.3 The User is solely responsible for the content he/she has uploaded and the use of Provimes and the application. The User agrees that the Company is not responsible for any claims and demands (including litigation costs and attorney fees) that may be made by third parties regarding intellectual property violations, content, application and use of Provimes.
7.1 This Agreement will enter into force upon its acceptance by the User in electronic form and will remain in effect unless terminated by either party as stated below.
7.2 Either party may terminate this Agreement at any time without giving any reason and without paying any compensation, with a written notice to the e-mail address notified by the other party, 1 (one) week in advance.
7.3 In the event that one of the parties does not fully and duly fulfill its obligations arising from this Agreement and the said contradiction is not remedied within the given time despite the written notification to be made by the other party, this Agreement may be terminated by the party making the notification. If the said violation is committed by the User, the Company will have the right to suspend the User status until the violation is resolved. In the event that the User violates the applicable legislation, the Company may terminate the Agreement with a valid reason immediately.
7.4 Termination of the Agreement will not remove 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 incurred up to that date and will not be able to use the Provimes and Application as of the termination date.
7.5 The Company has the right to store the Content in its databases as long as this Agreement is in effect. Within 6 (six) months following the expiration of the User's membership period or this Agreement, the User will be able to receive the Content free of charge. The Company may charge a fee for such requests submitted after the expiry of this period. Relevant fees will be specified within the scope of the Application.
8.1 The invalidity, illegality and unenforceability of any provision of this Agreement or any statement contained in the Agreement shall not affect the validity and enforceability of the remaining provisions of the Agreement.
8.2 This Agreement is a whole with its annexes. In case of any conflict between the contract and its annexes, the provisions in the relevant annexes shall prevail.
8.3 The user will be contacted via the e-mail he/she reported when registering or through the general information on Provimes. Communication by e-mail replaces the written communication. It is the User's responsibility to keep his e-mail address up to date and to regularly check Provimes for providing information.
8.4 The Company has the right to change the names and locations of the menus in the Application.
