Kivo User Membership and Service Sales Agreement

1. Parties
1.1 MAPTRIKS BİLİŞİM TECHNOLOGIES SANAYİ VE TİCARET ANONİM ŞİRKETİ Ihlamurkuyu Mah. Poligon Cad. OneBlock Plaza No.1 K.1 Ümraniye İstanbul (referred to as “Maptriks” in the Agreement).

1.2. Person entering with phone and otp (referred to as “Customer” or “Member” in the Agreement).

2. Definitions
• Application; “internet”, web pages published via www.maptriks.com internet domain name/address or Kivo mobile application and all pages connected to it “Application”,
• Software system, products and services “Kivo”, “Nevo”, “MT Explorer” or “Maptriks Pro”, all legal rights of which belong to Maptriks, developed and operated by Maptriks, and accessed via domain names connected to the Maptriks.com domain name,
• Each authorized person using the Customer’s Maptriks Pro system “User”,
• This agreement “Agreement”,
• System usage service provided to the Customer will be referred to as “Membership”.

3. Subject of the Agreement
3.1. The subject of this Agreement is to determine the terms and conditions for the member to benefit from the Maptriks Pro System owned by Maptriks. With the terms and conditions specified in the Agreement, Maptriks accepts, declares and undertakes to use Maptriks software products and services within the content described in the Agreement over the internet, and the Customer accepts, declares and undertakes to fulfill its obligations under this Agreement.
3.2. With this Agreement, the Member accepts, declares and undertakes that he/she has read the entire Privacy Policy, which can be accessed from the Application and forms an integral part of this Agreement, has understood its content in its entirety and has approved all its provisions.
3.3. With this Agreement, only the Maptriks Pro System usage service is provided to the Customer under the conditions specified in the relevant articles, and no software sales or software license copyrights are sold. The transfer of the Membership and User rights granted to the Customer is subject to the written permission of Maptriks.
3.4. The intellectual property rights of all kinds of visuals, logos, brands, designs, etc. belonging to 3rd Parties on the software/application belong to 3rd Parties. These visuals and expressions may be removed by Maptriks at any time without the Customer’s approval. The Customer cannot claim that there is a deficiency in the contract or that there is a legitimate reason for termination for this reason alone.

4. Scope
4.1 Product/Service and Price Benefited by the Customer; The Customer has the right to benefit from the product/service he/she has selected by filling in the required fields in the membership form in the System and approving it.
4.2 Product, service, package content: Report service offered through the Maptriks Pro application
4.3 Billing and Payment Method
The product/service or package purchased by the Customer from the Application is invoiced to him/her regularly in monthly periods and collected from the Customer with the payment method specified in the invoice.
The Customer can collect the payments made by credit card through authorized payment institutions, bank POS devices or credit card virtual POS with automation.
Maptriks reserves the right to make changes to the payment methods it accepts for collection.
The Customer may change the payment method to use any of the payment methods determined by Maptriks regarding the payments to be made.

5. Rights and Obligations of the Parties:
5.1. Return Process and Right of Withdrawal: All kinds of software and programs are considered as products that cannot be returned due to their nature and the right of withdrawal cannot be exercised and the Law on the Protection of Consumers No. 6502 states; “The consumer cannot exercise the right of withdrawal in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period.” However, provided that the right granted to Maptriks by law is reserved, the Customer may withdraw from the product, service or package purchased within the first 3 (three) days after registering to the System and becoming a Member and request the refund of the payment made. In this case, Maptriks shall refund the payment made by the Customer in full, unless there is an obstacle, with the same payment method or if this is not possible, with the most suitable payment method. Based on the right granted to Maptriks by law, the Customer may not exercise the Right of Withdrawal when the service has started.
5.2. The System provides search and display services to Members and Users within the framework of the current availability of the System.
5.3. The System accepts and undertakes that the Member will benefit from the services within the scope and subject of the Agreement, except for force majeure and technical problems.
5.4. Maptriks has the authority to back up and delete some or all of the data and information that the Members will keep in the System during their use of the services, at periods it deems appropriate, and cannot be held responsible for these backup and deletion processes.
5.5. Additional services and functionalities that the Member has approved and purchased through the System after starting to use the System are naturally an integral part of this Agreement, even if they are charged separately, unless they are bound by a separate contract by the System.
5.6. Maptriks always reserves the right to change the products/services, business processes, functionality, tariffs, packages, content and prices offered for the use of the System.
5.7. By registering as a Member and benefiting from and continuing to use the service in the System, the Member agrees to; The Member accepts that he/she has the right, authority and legal capacity to sign a contract according to the law and is over 18 years of age, that he/she has read, understood and is bound by the terms and conditions set forth in the Agreement in a manner that will not give rise to any objection later.
5.8. The Member accepts and undertakes that all legal or private access and communication information provided by the Member when he/she becomes a member of the Application is correct and that he/she will immediately and in full cover any damages that may occur to Maptriks due to the inaccuracy of this information.
5.9. The Member and Users accept that Maptriks may monitor the entire system, user behavior and transactions at any time or continuously and that Maptriks may use the System for commercial purposes.
5.10. The Member cannot give the username and password he/she has determined or given to him/her by the System to anyone, the right to use the said password belongs only to the Member. For this reason, Maptriks reserves all rights to claim compensation and other claims arising from such unauthorized use against all liability situations that may arise and against claims and accusations that may be made against Maptriks by third parties.
5.11. The Customer must provide accurate and complete current registration information such as registration, address, billing, etc. Otherwise, this Agreement will be deemed to have been violated and the account may be closed without informing the Member and the Member’s Users.
5.12. The Member and the Users are responsible for the security of their personal passwords and accounts in the Application, System and third-party applications. Otherwise, Maptriks and/or the System cannot be held responsible for any data loss or security breaches that may occur.
5.13. Members and Users agree in advance that they will not reverse engineer the System or take any other action to find or obtain the source codes of the System, otherwise they will be liable for any damages that may arise in the presence of third parties, and that legal and criminal proceedings will be taken against them and that they will compensate for the damages incurred.
5.14. Members or Users agree that they will not produce or share content that is against public morality and law, that violates the rights of third parties, that is obscene, offensive, misleading, that violates copyrights, that encourages illegal activities, and that they will not use the System in a way that will violate the security of other members or users. Otherwise, they are fully responsible for the damage that will occur. When malicious use is detected by the system authorities in a way that will create a weakness/vulnerability (without notification and warning when necessary, depending on the importance and severity of the security risk in question); Maptriks may unilaterally terminate the contract. In such cases, Maptriks and System authorities may stop the use of such Member and/or User, completely remove their data, information and accounts, and prohibit the Member from the services provided and reserve the right to initiate legal proceedings. 5.15. For this reason or in accordance with the applicable mandatory legislation, it reserves the right to share information in response to information requests from official authorities. 5.16. The authenticity of the records and transactions made by the Member and the Member’s Users on the System is binding on them. The System is free from the results or authenticity of any transactions and records made by the Users and is not responsible for them.
5.17. Maptriks may partially or completely transfer this Agreement and all financial rights arising from the Agreement to another institution, company or party at any time without notice. However, the Member cannot transfer this Agreement or any part of it to another party, and such a transfer attempt by the Customer is invalid.
5.18. Information obtained as a result of the query may be published by citing the source; however, this information cannot be used for commercial purposes.
5.19. In the event of a direct or indirect damage arising from the incorrect use/interpretation of the information obtained as a result of the query or due to the inability to access the application due to technical reasons, no debt, responsibility or liability can be imposed on MAPTRIKS.
5.20. It may change or disable all information and design in the application without prior notice.

6. Intellectual Property – Copyrights
6.1. All registered or unregistered intellectual property rights such as titles, business names, logos, designs, brands, patents, information and methods in the System and the Application belong to Maptriks or the specified relevant party. This Agreement; Membership, use of the System or benefiting from the services provided do not grant any rights to the Customer regarding the said intellectual property rights.
6.2. Maptriks products/services are protected by copyright laws and the Decree Law No. 556 on the Protection of Trademarks dated June 27, 1995, the Turkish Commercial Code and other intellectual property laws and agreements, as well as international copyright agreements.
6.3. Some of the information in the Application is published directly from TÜİK and some from data produced by MAPTRİKS, and the copyright and all other commercial, legal and other rights belong to MAPTRİKS and TÜİK.
6.4. All rights of the demographic information provided by MAPTRIKS belong to the Presidency of the Turkish Statistical Institute according to the Law No. 5846 on Intellectual and Artistic Works.
6.5. It cannot be reproduced or distributed by real and legal persons in printed or electronic media without permission. The information cannot be used without citing the source.

7. Confidential Information and Privacy:
Maptriks will not disclose the personal or commercial information recorded by Members and Users on the System to 3rd parties. This information includes all kinds of information such as institution/person name-surname, address, IP (internet identification number), telephone, e-mail, etc. communication information aimed at identifying the User or related to the Member’s commercial activities, and will be referred to as ‘Confidential Information’ in short.
Members and Users accept and declare that they consent to Maptriks sharing their information with its affiliates, business partners or group companies, limited to its use only within the scope of marketing activities such as promotion, advertisement, campaign, promotion, announcement, etc. This information of the Customer may be used to determine the customer profile within the System, to improve the System, to offer promotions and campaigns suitable for the customer profile, to conduct statistical studies and to make suggestions for the benefit of the Customer. Confidential Information may only be disclosed to official authorities in cases where it is mandatory to disclose to official authorities based on the information requests to be received from official authorities in accordance with the applicable mandatory legislation.

8. No Warranty:
Maptriks does not guarantee that the System and any additional services and functionalities received by the Member afterwards are complete, perfect and in compliance with all demands, expectations and requests of the Member and Users, that the services will always be provided on time, securely and without errors, and that the information and results obtained from the use of the service will always be accurate and reliable.
The System is provided as is and on its basis as much as possible. It does not provide any legal, direct or indirect guarantees regarding suitability for a particular sector, field of business or purpose, non-violation of the offered product and service processes, or being outside the expectations of the Customer. This article is valid to the maximum extent permitted by applicable laws.

9. Termination of the Agreement
The Customer may terminate the Agreement at any time by leaving the membership.
Maptriks may terminate the Agreement unilaterally by canceling the Customer’s Membership in the event that the Member violates any provision of the Agreement.
If the Customer violates any of the terms of the Agreement or does not pay the fees on time; Maptriks may cancel the Customer’s Membership and stop all account usage, access and services provided.
Within 10 (ten) days following the termination of the service; Maptriks may completely remove the Member, User accounts and all data of the Member.
The service provided to the Customer will be stopped as of the date of termination of the contract by the Customer and the Customer cannot claim rights from the Customer for the periods after the service is stopped.
Even if the Customer terminates the Agreement unilaterally, he/she accepts that he/she will be responsible for all transactions, communications and activities he/she has carried out during his/her membership before this termination and that in case of a dispute, the records, data and information in the System are completely valid.

10. General Provisions
This Agreement shall be executed in accordance with the laws of the Republic of Turkey. Istanbul Anatolian Courts and Enforcement Offices shall have jurisdiction in disputes that may arise from this Agreement.
Any notification made to the legal domiciles indicated by the Parties shall be deemed to have been served, provided that it is registered. Unless address changes are notified in writing at least 1 (one) week in advance, notification made to the above addresses shall be deemed valid.
If any of the articles of this Agreement is deemed invalid or cancelled, this situation shall not affect the validity of the other articles of the Agreement.
This Agreement has been mutually concluded and entered into force at the moment the Member becomes a Member of the System.