This User Agreement (“Agreement”), has been concluded between Teracity Yazılım Teknolojileri San. Tic. A.Ş. (the “Company”) and the person who registered as a user (“User”) in the application (“Bilimp”) at www.bilimp.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 is concluded in order to determine the rights and obligations of the parties for the User's use of the "Application", which is cloud-based integrated tools software accessed through the application ("Bilimp") located at www.bilimp.com of the Company and the terms and conditions regarding the data uploaded to Bilimp by the User (“Content”). Terms of use, rules and conditions presented to Users by the Company regarding the use of Bilimp 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 Bilimp. 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for the inability to access and benefit from the Bilimp application due to incomplete or untrue information or outdated information.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 Bilimp 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 Access to Bilimp by the user will be done using his username and password. The User will be responsible for the protection of the confidentiality and security of this password, and any activity carried out with the use of said information on Bilimp will be deemed to have been carried out by the User. 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/her password or any other breach of security, he/she shall immediately notify the Company of this situation.
3.4 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 Bilimp 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.
3.5 The Parties accept, declare and undertake that they will act in accordance with the provisions of all data protection legislation in force during the term of this Agreement in all matters that may arise regarding Personal Data within the scope of this Agreement.
In order to fulfill the services stipulated in this Agreement, the User has the obligation to transfer the Personal Data belonging to his employees and the people he came into contact with while producing work and service to "Bilimp" belonging to the Company and to provide access to this data. In this context, the User as the data controller and the Company as the data processor are obliged to comply with the personal data protection legislation. The User acknowledges that the Personal Data that he/she transfers/will transfer or access to the Company during the performance of the Agreement are collected in accordance with the applicable data protection laws and regulations, accepts and warrants that all obligations (clarification, explicit consent, etc.) stipulated by the legal legislation regarding the transfer to “Bilimp” belonging to the Company and/or the storage of information by the Company, as a data processor, are fulfilled.
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 Bilimp, Application or other appropriate channels.
3.7 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 Bilimp.
The Bilimp application will be used free of charge by the User for 30 days; if the user wants to purchase the program in question, the prices on the www.bilimp.com page are valid.
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 Bilimp, with the payment terms and means declared in Bilimp.
4.2 The User will be able to use the Application free of charge for the period specified in Bilimp. At the end of the said trial period, the User can make a purchase through the application. Fees for the Application, payment terms, effective dates of fees will be announced in page of www.bilimp.com page. The user will be able to purchase additional tools or increase the number of the users at his/her own discretion. Requests for the number of users giving up usage or for additional instruments will be realized at the end of the relevant membership period, unless otherwise stipulated by the Company. Changes to be made in the fee and payment conditions of the Bilimp tools used by the User during the membership period will not be implemented until the end of the membership period of the User. 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 Before the end of the usage period, the Company informs the User. If the membership is not renewed by not making the payment within the time specified by the User, the User's membership will be terminated automatically.
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 Bilimp and the Application belong to the Company. No provision in the Agreement and other terms of Bilimp can be interpreted as transferring the rights and benefits of Bilimp 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. 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 Bilimp or create new works by processing Bilimp, in any way or for any reason. It is strictly forbidden to change the browser and content of Bilimp in any way, and provide a link to or from Bilimp without the express permission of the Company.
5.3 The User can not use in any way 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 Although Bilimp is a usable and up-to-date program, Application, software and other content within the scope of Bilimp 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 company makes various updates to the application as it deems necessary and presents the said updates to its users. 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 Bilimp 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 Bilimp 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 Bilimp.
7.1 This Agreement will enter into force after being approved by the Company and the User on the www.bilimp.com page and will remain in effect unless terminated by either party as set forth below, and will automatically expire at the end of the 30-day trial use if not purchased by the User.
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. At the end of the termination of the agreement, the fee paid for that year is not refunded.
7.3 Termination of the Agreement will not remove the rights and obligations of the Parties that have arisen until the date of termination.
7.4 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 Bilimp and the Application as of the date of termination.
7.5 The Company has the right and obligation to store the Content in 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. After the expiry of this period, the Company will delete the data of the User and destroy it in an inaccessible way.
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 Bilimp. 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 Bilimp for providing information.
8.4 In case the User switches from the cloud system to the server system, data will be transferred to the User's servers by the Company.
8.5 In disputes arising from this Agreement and its annexes, BURSA Courts and Enforcement Offices will prevail.
