ARTICLE – 1 PARTIES
This User Agreement (“Agreement”) is executed electronically by and between ART Artırılmış Gerçeklik Teknolojileri Yazılım ve Danışmanlık Anonim Sirketi (“Company”), the owner of https://artlabs.ai/ website/mobile application (“Platform”), with its head office located at Fulya Mah. Büyükdere cad. No:74 D/10 Şişli/İstanbul and the User (“Member“), a member of the Platform. The Company and the Member shall hereinafter be collectively referred to as the “Parties“.
ARTICLE – 2 SUBJECT MATTER OF THE USER AGREEMENT
ARTICLE – 3 ESTABLISHMENT OF THE USER AGREEMENT
THE MEMBER HEREBY ACCEPTS THAT HE/SHE HAS READ AND UNDERSTOOD THE AGREEMENT AND IS AWARE OF HIS/HER RIGHTS AND LIABILITIES.
THE PARTIES HEREBY AGREE THAT THERE IS NO DISPROPORTION IN THE AGREED PERFORMANCES AND THE RECIPROCAL PERFORMANCES ARE IN COMPLIANCE WITH THE QUALITY OF THE WORK AND THEY ARE NOT INEXPERIENCED WITHIN THE SCOPE OF THE TRANSACTIONS UNDER THE AGREEMENT.
THE MEMBER AGREES THAT HE/SHE HAS REACHED TO A FULL CONCLUSION THAT THE OPERATIONS WITHIN THE SCOPE OF THE AGREEMENT ARE IN HIS/HER BEST INTEREST AND HE/SHE WILL COMPLY WITH ALL OF THE CONDITIONS WITH HIS/HER FREE WILL, WITHOUT BEING IN A DIFFICULT POSITION OR DISTRESS, CONSIDERINGLY, WILLINGFULLY AND KNOWINGLY.
THE PARTIES AGREE THAT THE PROVISIONS OF THE AGREEMENT DO NOT HAVE ANY FEATURES THAT MAY BE CONSIDERED AS AN UNFAIR TERM, AND THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF BENEFITS.
THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR TERMS AS PER THE REGULATORY TERMS IN CONSUMER AGREEMENTS WITH REGARDS TO UNFAIR TERMS. THE PROVISIONS DO NOT CONSTITUTE ANY CONTRADICTION AGAINST THE HONESTY AND GOODWILL CODES AND ARE DRAWN UP IN ACCORDANCE WITH THE CONSUMER PROTECTION LEGISLATION.
THE PROVISIONS OF THIS AGREEMENT ARE DRAWN UP BY CONSIDERING THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDINGNESS AND CONTENT CHECK PRESCRIBED IN THE ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS WAS MADE BY THE MEMBER. NONE OF THE PROVISIONS OF THIS AGREEMENT CONSTITUTE ANY UNFAMILIARITY (UNEXPECTED TERMS) FOR THE NATURE OF THIS AGREEMENT AND CHARACTERISTICS OF THE WORK. THE PROVISIONS OF THIS AGREEMENT ARE LAID DOWN EXPRESSLY AND COMPREHENSIBLY AND DO NOT REFER TO MORE THAN ONE MEANING.
UPON ELECTRONIC APPROVAL OF THIS AGREEMENT, THE MEMBER AGREES THAT THE COMPANY CAN SEND INFORMATION, ANNOUNCEMENT AND PROMOTION E-MAILS AND SMSs TO HIS/HER MOBILE PHONE FOR INFORMATION, PROMOTION PURPOSES AND THAT HIS/HER PERSONAL INFORMATION WILL BE PROCESSED, USED AND PRESERVED FOR THE PURPOSES SPECIFIED WITHIN THE SCOPE OF THIS AGREEMENT AND TO ALLOW THIRD PARTIES INCLUDING THE COMPANY’S EXISTING AND PROSPECTIVE AFFILIATES, SUBSIDIARIES, PARTNERS, SUCCESSORS AND/OR THIRD PARTIES TO BE DETERMINED BY THEM TO PROCESS, RECORD, STORE, PRESERVE, CLASSIFY, DISCLOSE OR SEND SUCH INFORMATION ABROAD FOR THE MENTIONED PURPOSES.
ARTICLE – 4 DEFINITIONS
“Service” refers to the service provided by the Company on the platform.
“Official Authority” refers to any judicial or administrative authority, official, semi-official or autonomous institution, organization, commission and board;
ARTICLE – 5 MEMBERSHIP
5.1 Membership is acquired upon completion of the membership procedures on the Platform (and by concluding this Agreement).
5.2 Members must be of legal age.
5.3 Members are obliged to provide accurate, real and current information regarding membership transactions. The scope of this information is determined by the Company and can be changed if necessary, and be extended. The person who is not willing to give this information cannot be a Member of the Platform. In order for the membership to continue, the Member must provide the information in the extended information list and update his information in case of any change.
5.4 The Company may share the Member’s information with the relevant Governmental Authorities, in order to fulfill the requirements of the regulatory or enforcement or judicial decisions of the Official Authorities provided that this disclosure is limited to the request. If the relevant Government Authority does not have a confidentiality decision, the Member is informed of the transaction in question.
5.5 The Company may use the introductory and/or personal information provided by the Members within the scope of the Service and their preferences, using habits while utilizing the Service with the purpose of Company’s inspection of the operability of the system (and/or sent them to persons who sign a confidentiality agreement with the Company by processing such information); and perform evaluations and statistical studies and announce them on the Platform in general.
5.6 If Members use a nickname when purchasing the Service, that nickname cannot be in violation of the current legislation and morality; it cannot contain words of insult, swearing, cursing, degrading or damaging personal rights. 5.7 Members can leave the membership at any time. In this case, the Member notifies the Company of the request to unsubscribe via the Platform and ensures that the necessary actions are taken for deletion from membership. Unsubscribing process will be concluded once these procedures have been completed. The termination of membership does not have any effect on the rights and obligations arising from the Agreement until the date of resignation from membership and the provisions (compensation due to contradictions, final provisions, etc.) that must remain in effect even if the Agreement is terminated.
ARTICLE – 6 RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1 The Member hereby declares and undertakes that any personal and other information he/she provides while becoming a member of the Platform is truthful and he/she will indemnify the Company for all damages it will suffer from due to the fact that this information is inconsistent and/or not updated by the Member despite changes therein. In addition, the entire responsibility regarding any failure in the proper fulfilment of liabilities due to incorrect information provided by the Member belongs to the Member.
6.2 The Member’s right to use the password he/she received within the scope of membership for using the Platform belongs exclusively to the Member. The member cannot give this password to any third party. All legal and criminal responsibility regarding use of the password and system access tools (username etc.) used to utilize the Platform belongs to the Member.
6.3 The Member accepts, declares and undertakes to comply with all legal regulations while using the Platform and not to violate such provisions. Otherwise, all legal and criminal liability shall fully and exclusively belong to the Member.
6.4 The Member shall not use the Platform in any way to disrupt public order, violate public morality, disturb and harass others, for an illegal purpose or violate others’ ideas and copyrights. In addition, the Member cannot engage in activities that prevent or complicate others to use the services (spam, virus, Trojan horse, etc.) and cannot engage in activities that threaten the security of the Platform or software or prevent it from operating.
6.5 Although the company takes the necessary information security measures, it will not be held responsible for the capture of Member information and data by unauthorized persons and any damages that may occur to the Member information and data.
6.6 The Company is not responsible for any direct or indirect damages that may occur due to the use of the Platform by the Member.
6.7 The platform may link to other websites or applications that are not under the control of the Company, not established, operated or regulated by the Company, and may contain references to these sites or applications. The Company is not responsible for the content of the said other applications or websites, or any other links and/or references they contain, or the products/services offered by them. These links are not intended to support the owner of the linked website or the person operating the site, or make any representation or commitment for any information, expression or visual content. Likewise, the Company is also not responsible for the products, services and other content that are introduced or undertaken by advertisements, promotions or banners on the Platform or linked via the Platform.
6.8 The Member accepts, declares and undertakes that the Clarification Text for the Law on Personal Data Protection accessed through the Platform is a part of this Agreement and he/she has read and approved the provisions contained therein.
6.9 The member cannot transfer the user profile created by him/her to a third party or allow the use of a third party. Members cannot transfer their rights and obligations arising from this Agreement without the approval of the Company. The Company may transfer its rights and obligations arising from the Agreement to third parties.
6.10 In case the Member violates the provisions of this Agreement, the criminal and legal responsibility arising from the violations rests with the Member in person. The Member will keep the Company free of all damages, lawsuits, claims and claims that may arise due to his/her violations. Additionally; the Company reserves the right to claim compensation from the Member for such violations.
6.11 The Company has the right to suspend or terminate the Member’s membership and delete all information, data, documents and files belonging to the Member without taking any responsibility unilaterally and without compensation.
6.12 The copyright and/or any intellectual property rights related to the platform overview, design and software, text and visual content and all other content, brands, logos, know-how and other items within the site belong to the Company or are used by the Company under a license to be obtained by it. These may not be used, acquired, modified, copied or reproduced by the Member in any way without the written permission of the Company. The use of the Platform or its content by the Member within the conditions to be provided by the Company and its accessibility do not grant the Member any intellectual and industrial property rights and/or any right ownership or power of disposition.
6.13 The Company may disclose the Member’s personal information to third parties in accordance with (a) applicable laws or regulations or a court order or administrative order issued, and/or (b) if the Member’s consent is acquired, and/or (c) in accordance with the Clarification Text on the Protection of your Personal Data, which can be accessed through the Platform, and/or (d) in accordance with the situations regulated separately from this Agreement. The Company may examine the Member’s confidential information or mobile application records in order to access the information and documents requested for the investigation.
6.14 Measures have been taken within the existing possibilities for the Platform to be free of viruses and similar software. In addition, the Member must supply his/her own virus protection system and provide the necessary protection to ensure ultimate security. In this context, the Member is deemed to be responsible for all errors and direct or indirect consequences that may occur in his/her software and operating systems (including, but not limited to, spam, virus, Trojan horse) by becoming a member of the Platform.
6.15 The Company reserves the right to change the scope of the Services, the content, design and software of the Platform at any time, to change, stop or terminate any service provided to Members and to delete user information and data registered on the Platform at any time.
6.16 The Company may at all times update, change or revoke the terms of this Agreement without any prior notice and/or notification by no means. Any provision that is updated, changed or repealed shall be valid for the Member at the date of publication.
6.17 The Company may send information and announcements to the Member about service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction practices within the scope of the practices in force and/or to be in force. Personal information and/or consumer behavior information that the Member has given in the past and/or will give in the future while becoming a member of the Platform and/or other means may be collected, used and archived by the Company for the above purposes. Unless otherwise specified, the Member accepts and declares that, even at the time when his/her membership expires, to the extent that the relevant legislation allows, he/she allows the data to be collected, used and archived by the Company for the purposes of this Agreement. The Member accepts and declares that he/she shall not claim and hold the Company responsible for any damage that he/she has suffers due to the collection, sharing, usage, archiving of and access to the above mentioned information. If the member wishes to change his/her data sharing preferences, he/she will forward this request to the Company in writing.
6.18 The Member is responsible for providing the necessary network access to benefit from the Services. The Member is aware that mobile network data can be used, messaging tariffs and fees may apply if the Platform is accessed or Services are used from a device with wireless internet access. It is the responsibility of the Member to provide updates with the appropriate software and devices required to use the Services and to keep the Platform up to date. The Company does not guarantee that the Service or Platform offered by any means will work on a specific device or software. The Member acknowledges that the Service and/or Platform may be subject to malfunctions and delays due to internet use. The Company does not assume any responsibility for the problems that the Member will experience due to interruptions in platform access due to technical problems.
6.19 The non-liability records written for the Company within the scope of this Agreement also include the Company employees and shareholders.
6.20 It is forbidden for the Company to link to another website, the content of a website or any data on the network in any transaction that the Member will perform on the Platform without prior approval.
6.21 The Member declares and acknowledges that he/she has read and acquired the basic features and preliminary information regarding the Service on the website and that he/she has given the necessary confirmation regarding these issues on the electronic environment.
ARTICLE – 7 PERSONAL DATA AND COMMERCIAL ELECTRONIC MESSAGES
Information is provided within the scope of this article with regards to the collection, processing and usage type, degree and purpose of the data acquired in relation to the use of the website artlabs.ai belonging to the Company in the capacity of “Data Officer” and provided by the Member in accordance with the legislation in effect and within the scope of the Law on Personal Data Protection.
7.1 The website http://artlabs.ai/ is operated by the Company. The company is the responsible institution for managing the personal data of the Members. Disclosure within the scope of this article is performed under the Law No. 6698 on the Protection of Personal Data.
7.2 We have taken technical and administrative measures to ensure that the Law on Personal Data Protection and related legislation provisions are strictly taken into consideration by our Company, and confidentiality issues are certainly considered by the Company employees and service providers while doing their duties and that the personal data of the Members is used for the purposes specified in the Agreement.
7.3 Processing of Personal Data refers to all kinds of processes performed on personal data including obtaining, recording, storing, keeping, changing, re-arranging, disclosure, transmission, acquisition, making available, classification or prevention of use in whole or in part, automatic or in partially automatic (cookies) or non-automatic ways, being part of any data recording system.
7.4 The information obtained at the time of membership and shopping of the Member on the website may be recorded indefinitely or for period to be determined by those mentioned and successors, stored in printed/magnetic archives, updated if necessary, shared, transferred, used and processed with other copies for electronic and other commercial-social correspondence to be maintained for the purposes of provision of various products/services and of any information, advertisement-introduction, promotion, sales, marketing, credit card and membership by the Company, present and prospective affiliates, subsidiaries, partners, successors and/or third people to be determined by them. The data can also be forwarded to the relevant Authorities and Courts where required by law.
7.5 Personal data belonging to the Members can be used to better serve the Members on the Company’s website, improve its services, and can also be used in marketing activities if you have given consent in this regard; in cases of product/service offers, all kinds of information provision, advertisement-introduction, promotion, sales, marketing, loyalty cards, credit cards and membership applications, modeling, reporting and facilitating the use of the Platform, and the development studies to be carried out by the Company or its affiliates for the interests and preferences of its users. The Company reserves the right to keep a record of the Member’s actions on the Platform using cookies and similar methods. The personal information shared by the Company and the Member shall not be used for this purpose or shared with third parties. However, personal data will be shared with the competent authorities in line with the decisions taken by the competent authorities in accordance with the legal legislation within the scope of the legal legislation in force. By approving this Agreement, Members agree to allow their personal data to be used, stored, processed, shared with third people and transferred abroad and with competent authorities by the Company under such terms in accordance with the legal legislation.
7.6 If the Company’s website contains links to other websites depending on the nature of the situation, the Company has no influence on whether the operators of these sites comply with the data protection provisions. The Company is not responsible for the content (and the content of the other sites that such websites link to) of the websites to which they connect via links and similar methods, and does not adopt the content of the sites it links to.
7.7 As per the Article 11 of the Law No.6698 on Protection of Personal Data, the Member is entitled to learn whether or not his/her personal data is processed by applying to the Company, if so; request information hereof, learn the purpose why his/her personal data is processed and whether or not it is utilized in accordance with that purpose, know third people to whom his/her personal data has been transferred at home or abroad; in the event that it is processed faultily or inexactly, request them to be rectified, request his/her personal data to be deleted or disposed of; in the event that the personal data is rectified, deleted or disposed of; request third people to whom the personal data has been transferred to be notified, object to a unfavorable result against him/her by analyzing the processed data through automated systems exclusively and in the event that he/she suffers from any damage due to the fact that the personal data is processed inexactly; request such damage to be rectified. Members must notify the Company directly in writing of their applications regarding the correction, blocking or deletion of their personal data or any questions related to data protection.
ARTICLE – 8 TERMINATION OF THE AGREEMENT
8.1 Any of Member and Company may terminate this Agreement at any time by giving notice to the other party.
8.2 This much that the Member’s termination process is carried out by following-up the termination procedures on the Platform. The termination of membership does not have any effect on the rights and obligations arising from the Agreement until the date of resignation from membership and the provisions (compensation due to contradictions, final provisions, etc.) that must remain in effect even if the Agreement is terminated.
ARTICLE – 9 FINAL PROVISIONS OF USER AGREEMENT
9.1 Applicable Law: This Agreement is governed by the laws of the Republic of Turkey and shall be interpreted accordingly.
9.2 Court of Competent Jurisdiction: Istanbul Central (Çağlayan) Courts and Enforcement Offices are authorized to resolve all disputes arising out of or associated with this Agreement.
9.3 Integrity of the Agreement and its Annexes: The annexes to the Agreement shall form an integral part of this Agreement and cannot be interpreted separately from each other.
9.4 Nature of Exclusive Evidence: The parties hereby agree that the documents and electronic records of the Company shall be exclusive evidence of the dispute in case of disputes that may arise under this Agreement.
9.5 Company Contact Information: The Company’s contact information is as follows:
Company Name: ART Artırılmış Gerçeklik Teknolojileri Yazılım ve Danışmanlık Anonim Şirketi
Email: [email protected]
Mersis (Central Trade Registry System) No: 0085104743100001
9.6 Transactions carried out on the Platform: Transactions carried out on the platform and which are in the nature of will disclosure are considered as binding declarations of the Parties in accordance with the Turkish Code of Obligations, consumer legislation and other legislation in force.