Article 1. Parties

This User Agreement (“Agreement”), Istanbul Networks Web Teknolojileri Ticaret Limited Şirketi (“Company”) and the websites at www.qrmenu.co, qrmenu.co and app.qrmenu.co (“Site”) user (“User”) (s)”). The Agreement will enter into force upon its acceptance by the User in electronic form; It will remain in effect unless terminated by the parties in accordance with the procedures set forth in the Agreement.

Article 2. Subject and Scope of the Agreement

This Agreement is signed by the User for the purpose of determining the terms and conditions and the rights and obligations of the parties regarding the use of the cloud-based finance and business management application (“Application”) accessed through the Site and the data (“Content”) uploaded by the User to the Site. The terms of use, rules and conditions presented to the Users by the Company regarding the use of the Site and the Application within the scope of the Site are also an annex and an integral part of this Agreement and constitute all of the rights and obligations of the parties together with the rights and obligations contained herein.

Article 3. Rights and Obligations of the Parties

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 the Application. 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for the inability to access and benefit from the Site or Application due to incomplete or untrue information or outdated information.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. In the event that the User is accessing the Site on behalf of a business, the User accepts and declares that he has the necessary authority to do so. 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, and it is prohibited to establish a second account by the User using the same or other information following the suspension or termination of the User account by the Company. The Company reserves the right to refuse the opening of the User’s account at its sole discretion, without giving any reason.

3.4 Access to the Site by the User will be done using his e-mail address and password. The User will be responsible for the protection of the confidentiality and security of this password, and any activity performed through the use of the said information on the Site 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 User agrees and undertakes that he will only use the Application for his lawful activities, and that he will act in accordance with this Agreement, its annexes, the applicable legislation and other terms and conditions stipulated on the Site regarding the Application. The User will be able to use the Application and the Site on behalf of the third party as long as he is authorized to provide services to third parties. In this context, the User shall ensure that the said persons act in accordance with this Agreement and all other provisions applicable to him.

3.6 The User may authorize a third party (“Authorized User”) to use the Application from time to time. Who the Authorized User will be and the authorization level within the Application will be determined by the User. The User is responsible for the Authorized Users’ use of the Application and will always control the Authorized Users’ access to the Application and may change the Authorized User’s access level to the Application at any time and without any reason, or cancel their access. If a dispute arises between the User and the Authorized User regarding access to the Application, the User shall make the decision regarding the Authorized User’s access to the Application or Content and the level of access.

3.7 The Content shared by the User is the property of the User and all responsibility for the Content belongs to the User. The Company has the right to use the Content under the license granted to it by the User under this Agreement. The Company cannot be held responsible for the Content or any loss or damage that may be caused by the Content, and the Company has no responsibility for, but not limited to, compliance with the law, accuracy of the Content, payment of invoices, collection, financial transactions and tax reporting. financial transactions
It is the User’s sole responsibility to ensure compliance with the relevant legislation on tax, tax and other matters. The User agrees that the Company may delete the Content from the Application and its systems based on the requirements arising from the current legislation, especially financial regulations, and that the Company is not responsible for any damages that may occur in this context, including lost data.

3.8 The User shall not engage in activities that endanger the security and integrity of the computer and network systems of these third parties if the Company or the Application is hosted by third parties, that the Application, the functionality of the Application, the Site or the other systems on which the services are offered, or the Application and other users who benefit from the Site, not to use them in a way that will prevent them from benefiting from them, or to use them incorrectly, not to provide unauthorized access to the computer systems where the Application is hosted or to the Application outside the scope of access granted to it, to the computer systems of the Company and third parties. will not transfer or upload files or illegal Content (including copyrighted or trade secret Content and other materials that the User has no right to use) that will harm their devices and software, in the provision of services or in the operation of the Site. It accepts and undertakes that it will not modify, copy, adapt, reproduce, create source code or reverse engineer the computer programs used in the application unless absolutely necessary for normal use.

3.9 The User acknowledges that his use of the Application may be subject to restrictions, including monthly transaction and storage volumes. Such restrictions will be stated within the Application.

3.10 The User shall keep copies of Content uploaded to the Application. While the Company complies with the necessary policies and procedures to prevent data loss, it does not guarantee that loss of Content will not occur. The Company is not responsible for the loss of Content, regardless of how it arises.

3.11 The Company will store and use the information and data shared by the User within the scope of the “Privacy Policy”, which is an addendum to this Agreement. The User agrees 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 about the User and the transactions carried out by the User on the Site may be used for the security of the User, the fulfillment of the Company’s obligations and some statistical evaluations. The Company also has the right to share the Content with other users to provide requested services such as sending invoices, sharing payment information. If the user wishes to use the Content belonging to other users, he will obtain the consent of the relevant users and will use the said Content within the scope of the approval given by the other user. This information can also be classified and stored on a database, and the Company will keep the said data anonymous for the period necessary for performance evaluations of the User’s usage and transaction information, marketing campaigns of the Company and its business partners, annual reports and similar transactions. can be used after it has been made. 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.

3.12 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 Site, Application or other appropriate channels.

3.13 In the event that the User is provided with communication tools (such as forums, chat tools or message centers) through the Site, the User declares and undertakes to use these communication tools only within the framework of lawful purposes. The user may use these communication tools for sale of products and services, e-mails sent without the consent of the other party, files that may harm third parties’ software and computer systems, content that is insulting to other users or any unlawful content, including materials other than the purpose of the Application. will not use to share. The User undertakes that he/she has the authority to do this in terms of any communication he/she makes through the Site. The Company has no obligation to check the appropriateness of the communications made through the Site or whether they are for the purposes of use of the Application. Other web sites accessed through the Application or used in relation to the Application
In terms of foreign communication tools, the User will show the care he is obliged to show when using the communication tools provided on the Site. The Company reserves the right to remove the communication tools provided through the Site at any time at its sole discretion.

3.14 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 come into effect with the next use of the Site by the User. If the User does not accept such changes, the right to terminate this Agreement as stated below is reserved.

3.15 The User cannot in any way transfer or assign the User account and the rights and obligations arising from the use of this Agreement and the Site.

3.16 If the User violates this Agreement and other terms and conditions within the scope of the Site and the statements and commitments within this scope, the Company shall have the right to suspend the User’s membership or to terminate the User’s status 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.

Article 4. Payment Conditions

4.1 The User will be able to benefit from the Application only in return for paying the fees declared on the Site in full and in full with the payment terms and means declared on the Site.

4.2 The User will be able to use the Application free of charge for the period to be specified on the Site. 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 the Site. 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 conditions of the membership package during the User’s membership period will not be implemented until the end of the User’s membership period, and the new fees and payment conditions will be valid 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 The Company will upload the invoice for the usage fees to the User’s web panel following the payment of the membership period fee. All invoices will include the fees for the previous membership period in case of postpaid membership, and the fees for the next membership period in case of prepaid memberships. The User shall pay the relevant amount in the invoice within 14 (fourteen) days following the invoice date. The User is responsible for the payment of taxes and duties related to the relevant fees.

4.5 The User, the Company or third parties approved by the Company may store the User’s credit card and payment information in order to perform membership and payment transactions or bank integration and related updates.

Article 5. Intellectual Property Rights

5.1 All rights, ownership and interest on the Site and Application belong to the Company. Within the scope of this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Site and Application. Nothing in the Agreement and other terms of the Site can be interpreted as transferring the rights and benefits of the Site and the Application to the User. Within the scope of this Agreement, the User grants the Company the right to use, copy, transmit, store and backup the information and Content for the User’s access to the Application, use of the Application and other purposes for the provision of 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 engineer, decompile or otherwise access the source code of the software on the Site, or create work from the Site, in any way or for any reason. It is strictly forbidden to change the browser and content of the Site in any way, to link to or from the Site without the express permission of the Company.

5.3 The User may in any way retain the trade name, brand, service mark, logo, domain name, etc. of the Company (or its affiliates). will not use.

Article 6. Limitation of Liability

6.1 Application, software and other content within the scope of the Site are provided “AS IS” and 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 may provide links to other websites and/or portals, files or content that are not under the control of the Company, and that such links are intended to support the website or its operator, or as a declaration or guarantee of any kind for the website or the information it contains. The Company accepts and declares that it does not have any responsibility for the portals, websites, files and content, services or products accessed through such links, or their content.

6.3 The User accepts that the access to and quality of Applications and Applications offered on the Site 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 such service quality.

6.4 THE USER IS EXCLUSIVELY RESPONSIBLE FOR THE CONTENT UPLOADED AND THE USE OF THE SITE AND APPLICATION. USER, INTELLECTUAL PROPERTY VIOLATIONS, CONTENT, APPLICATION AND USE OF THE SITE, BY ANY THIRD PARTIES, CLAIMS AND CLAIMS FROM JURISDICTIONS AND ATTORNEY’S FEES.

6.5 THE COMPANY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDE ITEMS SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL AND GOODWILL, EXPENDITURE FOR THE SUPPLY OF SUBSTITUTION PRODUCTS AND SERVICES, BUT NOT LIMITED TO THESE LIMITED TO OUR APPLICABLE LAW, DOHELI, DOHELI SHALL NOT BE LIABLE FOR DAMAGES. IN ADDITION, THE COMPANY ALSO MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY’S RESPONSIBILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER UNDER THE SERVICES SUBJECT TO THIS AGREEMENT, UNTIL THE DAMAGE ARISES, IN ANY CASE.

Article 7. Enforcement and Termination of the Contract

7.1 This Agreement will enter into force upon 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 If 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 Site and Application as of the termination date. In case of termination of prepaid memberships, no refund will be made to the User.

7.5 If the User’s account is inactive for 3 (three) months, the Company may terminate this Agreement.

7.6 In cases where the User account is not blocked for legal reasons and the Agreement is terminated, the Company will provide read-only access to the Content for 6 (six) months.

7.7 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 end 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.

Article 8. Miscellaneous Provisions

8.1 Any provision of this Agreement or any The invalidity, illegality and unenforceability of a statement 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 they reported while registering or through the general information on the Site. Communication by e-mail takes the place of written communication. It is the User’s responsibility to keep his e-mail address up to date and to regularly check the Site for information.

8.4 Istanbul Central (Çağlayan) Courts and Enforcement Offices shall prevail in disputes arising from this Agreement and its annexes.

Article 9. Termination of Contract, Cancellation and Return

9.1 If the user violates the terms set forth in this agreement, the (“Company”) may terminate the services provided to the user without prior notice and terminate the agreement unilaterally. In this case, the user’s prepaid fees will not be refunded.

9.2 In case of non-payment by the user for newly launched or expired services, (“Company”) may terminate the services and the contract. In this case, the user’s prepaid fees will not be refunded.

9.3 The user can terminate the contract at any time by giving 5 working days notice via fax, mail and/or e-mail. In this case, the user’s pre-paid fees will not be refunded. However, the user has to pay the fees that he has committed to pay until the end of the contract and that he has not paid yet.

9.4 Return Guarantee (“Company”) is confident in its service quality and believes it can satisfy its customers. As an indication of this, it provides an unconditional full refund guarantee for 7 days from the date of purchase to its new service users without giving any reason. (“Company”) pays the refund amount to the user within 15 working days following the finalization of the refund transaction. (“Company”) reserves the right not to sell new services to its users who benefit from this warranty.

9.5 (“Company”) Users whose services have been terminated due to behavior contrary to the Service Usage Agreement cannot benefit from the refund guarantee. Updated Date : 19.07.2022