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1. PARTIES
These Conditions of Use (Agreement) have been established between Searover Robotik ve Yazılım Anonim Şirketi (Werover) located at Itob Osb. Mah. 10032 Sk. No:2 Menderes/İzmir and the User. In this Agreement, the User and Werover will be referred to separately as “Party” and collectively as “Parties”.
2. SUBJECT AND PURPOSE
The subject matter of the Agreement is to set out the terms of use of the Platform. Separate agreements are concluded between Werover and the Client regarding the Services offered through the Platform. These service agreements are separate from this Agreement and this Agreement does not regulate the details of the Services.
The Privacy Policy and Personal Data Clarification Text on the Platform and other agreements, all policies and rules, if any, included in the Platform and approved by the User, are annexed to and an integral part of this Agreement.
By using the Platform, Users acknowledge that they understand this Agreement and its annexes in their entirety and approve all of its provisions. Users who do not accept this Agreement should not use the Platform and Services.
3. DEFINITIONS
In this Agreement;
Privacy Policy and Personal Data Clarification Text; The text found on the Platform and approved by the Users, detailing how and for what purpose the data of the Users are processed and the privacy policies,
Account; the user account created by Werover for the User and the area containing the User's information,
Service(s): The services to be provided by Werover to the Customer pursuant to the Service Agreement,
Service Agreement: The contract between Werover and the Customer for the “Windrover IoT” Platform, software and hardware product (Product), all rights to which belong to Werover,
User(s); Customer personnel(s) authorized to use the Platform, another natural person authorized by the Customer, one or both of them separately, who are authorized by the Customer to access the Platform in order to benefit from the Services by accessing the Platform and who are allocated a username and password by Werover within the scope of the Service Agreement concluded with the Customer for accessing the Platform within this scope,
Platform; The online SaaS platform, linked website and linked web applications that the Client and Users will use to benefit from the Products and Services,
Customer; The person with whom Werover has entered into the Service Agreement, (mostly) the User's employer.
4. PLATFORM CONDITIONS
4.1. The User accepts, declares and undertakes that while using the Platform and performing any transaction with the Platform, he/she will act in accordance with all the terms contained in this Agreement and other agreements that the Customer has concluded or will conclude with Werover, the rules specified in the relevant parts of the Platform and all applicable legislation, and will not engage in any illegal activity.
4.2. Users are obliged to perform transactions only with the username and password allocated to them. Every transaction carried out on the Platform with the username and password will be deemed to have been carried out by the User personally and the responsibility is on the User and the User is obliged not to share both this account information and all other information/documents on the Platform with third parties.
4.3. The User shall be responsible for the security, storage, keeping away from the knowledge of third parties and use of the means of access to the Platform and systems, in particular the username and password, and for any damages and losses arising from his/her violation and any claims that may arise from third parties. Werover shall not have any direct or indirect liability for any damages incurred or to be incurred by the Client, other Users and/or third parties due to any negligence or fault of the User in relation to the actions in this article. Werover reserves the right of recourse to the User and/or the Client. The User is obliged to immediately notify Werover and the Client of any unauthorized access and any breach of the confidentiality of access means.
4.4. Natural person Users accept, declare and undertake that they are of legal age according to the laws of the Republic of Turkey and that they are not restricted, and legal person Users accept, declare and undertake that they are duly established and operating and have the right and authority to conclude this Agreement. Requests and transactions to the contrary are not under the responsibility of Werover. Werover shall not be liable for any misrepresentation made by the User. Werover reserves the right to request the trade registry records of the legal entity or other non-confidential official company documents. Werover reserves the right to exclude the User from using the Platform if Werover determines otherwise.
4.5. The User accepts, declares and undertakes that the information and documents provided by the User within the Platform are accurate, complete, up-to-date and lawful. In the event that the User acts contrary to this provision, Werover cannot be held liable for not performing the Agreement properly, and Werover cannot be held liable for any damages that have arisen and / or may arise.
4.6. The User may upload wind turbine sounds to the Platform for a possible damage inspection if it is included in the scope of the Service specified in the Service Agreement. In this respect, the User accepts, declares and undertakes that while recording wind turbine sounds, no other third party's voice is recorded, no other sound and/or a third party's voice other than the turbine sound is uploaded to the Platform, and in any case, the User is obliged to act in accordance with the Personal Data Protection Law No. 6698 and the relevant legislation. Otherwise, Werover cannot be held responsible for these actions. In addition, the User is obliged to record the relevant turbine sounds clearly and upload them to the system by adding the User's name, surname, e-mail address, company and field name, turbine model, age of the turbine in order to fully and properly fulfill the Service, Werover cannot be held responsible in any way for any deficiencies, errors or deviations that may occur in the Services if the turbine sounds are not clear and / or other information is missing / incorrect.
4.7. The User accepts, declares and undertakes that he/she has the legal right to any data, information or content provided for the provision of the Services or that he/she is legally authorized to use and dispose of the right and that their use does not violate copyrights, the Law on the Protection of Personal Data or all relevant laws and does not harm any person or person.
4.8. While using the Platform, Users accept, declare and undertake that they will not take any actions that are contrary to the law and morality listed below, including but not limited to, or that are likely to harm the use of the Services. In the event that the User acts contrary to this article, Werover has the right to terminate this Agreement unilaterally, without notice and without compensation, to block access to the User's account and to close it for a period of time or indefinitely; in addition, Werover has the right to recourse the damages arising from the unlawful activity to the User and/or the Customer.
- Violate the provisions of this Agreement and other agreements to be concluded through the Platform,
- Acting contrary to the provisions of the legislation in force and the regulations regarding the use of the internet,
- Failure to provide up-to-date and accurate information about oneself, using information belonging to another person obtained unlawfully,
- Obtaining or attempting to obtain Users' information unlawfully,
- Creating multiple accounts with information and/or documents (real or fictitious) that do not belong to him/her and/or using the Platform to mislead Werover and Users about his/her identity by changing/hiding his/her IP address or by other means
- Unlawfully modify, use or attempt to modify or use information published by Werover,
- Infringe the personal and intellectual property rights of Werover and/or a third party,
- Uploading, sharing, publishing any content that is unlawful, obscene, violates the privacy of others, pornographic, contains or depicts nudity,
- Acting to damage the reputation of Werover and/or a third party or to hinder Werover's operations,
- To upload information and documents to the Platform that violate the rights of third parties, including but not limited to those listed, and that constitute unfair competition, and that are against the law and/or morality,
- Engaging in behaviors and activities that will adversely affect/obstruct the operation of the Platform, engaging in behaviors that will manipulate the operation of the Platform, blocking security systems, and
- Making or attempting to make the Platform unusable by preparing automated programs.
4.9. In the event that the User acts in violation of the obligations set forth in this Agreement, or if it is determined that the User is engaged in an activity contrary to the law or morality, Werover has the right to terminate this Agreement without notice and without compensation, to suspend and/or terminate access to the Account for a period of time or indefinitely, and to temporarily or permanently prevent the User from using the Platform and/or Services. In addition, Werover reserves the right to take civil and criminal remedies.
4.10. For any reason not caused by Werover (infrastructural and/or hardware reasons, etc.), there may be interruptions in communication between the Platform and the User due to technical problems such as any error, omission, interruption, deletion, corruption, delay in transmission or communication network failure. Werover cannot be held responsible for any problems that the User may experience in communication and access to the Platform due to these interruptions.
4.11. Werover may at any time, without notice, limit or stop access to the Platforms and/or the Service in the event that the operational security of the network is in danger, the continuity of access to the network, to prevent malfunctions that may occur in the network, software or saved files, to prevent or reduce the impact of possible disruptions and in other cases deemed necessary
4.12. The User may not access the Werover Service by any method or means other than the access methods and means specified by Werover. The User may not access files or services to which the User does not have access rights. Access to a page or information system due to a technical error does not give a right to use that page. In such a case, the User is obliged to immediately stop accessing the relevant page.
4.13. Users are obliged to notify the Customer without delay of any failure, error or malfunction occurring on the Platform. Werover will only provide support regarding the relevant failure, error or malfunction if a proper notification is made to it.
4.14. The User accepts, declares and undertakes that he/she will not reproduce, copy, disseminate, distribute, transfer or process the pictures, texts, audio-visual images, files, writings, statistics, information, contents, databases, catalogs and lists contained in the Platform in a way that violates Werover's real or personal rights, personality rights, intellectual property rights, property rights or any rights related to goods or services that may be subject to intellectual property rights.
5. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
5.1. Werover agrees that it will fulfill its obligations arising from the Law No. 6698 on the Protection of Personal Data and related legislation, the Privacy Policy and Personal Data Clarification Text on the Platform regarding the confidential information and personal data provided by the User through the Platform in order to benefit from the Services offered on the Platform. The User is obliged to continuously follow the Platform and the updates in the Privacy Policy and Personal Data Clarification Text on the Platform. In this context, Users' information may be processed within the scope and limits specified in the relevant texts.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Werover is the exclusive right owner of any software, design, source code, object code, directory, image or content on the Platform. Werover shall be the sole owner of the products and/or services, projects, documents, images, texts, bulletins, slogans, videos, designs, know-how and all kinds of commercial information, illustrations, database, any data related to the system flow, database, system flow and any other data used on the Platform for the provision of the Services under this Agreement, Werover is the owner of all kinds of logos, emblems and data, ideas, trademarks and commercial appearances of Werover and/or its business partners, flows, source codes, research, codes, techniques, statistics and all intellectual rights related to financial and moral rights and exclusively owns all rights arising from the relevant legislation regarding these contents.
6.2. The User may not use the Platform for any other commercial activities other than the situations and purposes specified in the Agreement and the Service Agreement or for any other reason. The User may not remove or change any marking, logo or notification on the Platform indicating that the Platform belongs to Werover, may not add Werover's logo, name, trade name, brand on any product without Werover's written consent, and may not carry out any commercial business/transaction subject to intellectual or industrial property.
6.3. The User may not carry out activities not regulated in this Agreement, such as distributing, reproducing, copying, processing, lending, making others use the Platform or providing subscription services, and may not allow third parties to carry out such activities. The User may not perform any act or transaction or allow third parties to perform such activities, such as accessing the source code of the Platform, making copies, reverse engineering, accessing versions of the Platform prior to the final version of the Platform in any way, which may infringe the intellectual or industrial rights of Werover and/or the Platform.
6.4. The User is obliged to carry out his/her operations on the Platform in a manner that will not technically damage the Platform in any way. The User declares and undertakes that he/she has taken all necessary measures, including using the necessary protective software and licensed products, to ensure that all information, content, materials and other content to be provided to the Platform donot contain any programs, viruses, software, unlicensed products, trojan horses, etc. that may damage the system.
7. TERMINATION OF THE CONTRACT
7.1. This Agreement shall enter into force as soon as the User accesses the Platform or makes use of the Services and shall terminate if the User is permanently blocked from accessing the Platform or if the Service Agreement between the Client and Werover is terminated for any reason.
7.2. Werover has the right to terminate this Agreement unilaterally and without compensation without any notice, suspend and/or terminate access to the Account for a period of time or indefinitely, temporarily or permanently prevent the User from benefiting from the Platform and the Services, in the event that the User acts contrary to the obligations specified in this Agreement, is found to be engaged in an activity contrary to the law or morality, and in particular, but not limited to, the following cases. The User shall be liable for all damages arising/to arise from such breach and Werover may claim from the User and/or the Client all damages incurred and to be incurred.
a. The User engages in behavior that will manipulate the functioning of the Platform using any method,
b. The User violates this Agreement and/or other service agreements,
c. The User engages in acts that violate the rights of third parties,
d. If the information, content, images and writings shared by the User on the Platform or with Werover contain illegal elements or if the information, content, images and writings shared on the Platform are shared for illegal and immoral purposes even if they do not contain illegal and immoral elements.
8. OTHER PROVISIONS
8.1. Werover may change this Agreement and its annexes at any time, at its sole discretion, unilaterally by publishing it on the Platform by any method and/or by notifying the User through the User's contact information on the Platform. Changes shall be effective on the date of publication and/or notification. The User is obliged to follow these changes and updates; it is assumed that the User accepts these changes by publishing and/or notifying the changes and continuing to use the Platform.
8.2. For the purposes of this Agreement, force majeure shall be interpreted as unforeseeable events beyond Werover's control, including but not limited to natural disasters, riots, war, strikes, epidemics, cyber-attacks, internet outages, computer viruses, attacks on the Platform despite Werover taking the necessary information security measures, which Werover cannot prevent despite exercising due diligence. Werover shall not be liable for late or incomplete performance or non-performance of any of its obligations under this Agreement in the event of force majeure. If the force majeure event lasts longer than one month, Werover may unilaterally terminate this Agreement without any obligation to pay any compensation.
8.3. This Agreement shall be governed by the laws of the Republic of Turkey and the Courts and Enforcement Offices of Izmir shall be authorized to settle any dispute arising out of this Agreement.
8.4. All kinds of electronic or physical records, correspondence and documents, including transaction and traffic records kept by Werover, constitute valid, binding and conclusive evidence in any dispute that may arise from this Agreement and its annexes. The User accepts, declares and undertakes that this article is an evidential contract within the meaning of the Code of Civil Procedure No. 6100.
8.5. This Agreement has entered into force right after it is approved electronically.