User Agreement

User Agreement ARTICLE 1 – PARTIES This User Agreement (the "Agreement") has entered into force upon mutual acceptance between HW Club Danışmanlık Tic. İth. İhr. Ltd Şti., located at Yalıkavak Mah. Atatürk (Yalıkavak) Cad. No: 52/80 Bodrum / Muğla (hereinafter referred to as the "Company"), and the User who benefits from the Company's platform named Tilky ("Tilky", "Application", "Platform") within the conditions set forth below. Company details: MERSIS No: 0464195022800001 · Trade Registry No: 19128 (Bodrum) · Tax Office and No: Bodrum Tax Office, 4641950228 · Phone: +90 850 302 15 32 · E-mail: destek@tilky.app ARTICLE 2 – DEFINITIONS 2.1. Application / Platform: Refers to the mobile application named Tilky, the mobile application software that runs on all mobile devices, and all virtual reality media in which the products and services created in connection with this software are offered. 2.2. User: Refers to the natural persons who benefit from the services offered through the Platform within the conditions set forth in this Agreement. ARTICLE 3 – SUBJECT AND SCOPE 3.1. The subject of this Agreement is the determination of all products and services to be offered by Tilky in the application to the User, the conditions for benefiting from these products and services, and the rights and obligations of the parties. 3.2. By accepting the provisions of this Agreement, the User shall also have accepted all kinds of statements declared by the Company regarding the use, membership, and services included in the Platform. The User accepts, declares, and undertakes that he/she will act in accordance with all kinds of matters specified in the aforementioned statements. ARTICLE 4 – CONDITIONS OF USE OF THE APPLICATION 4.1. Persons under the age of 18 shall not use this Application; any requests and transactions to the contrary are not the responsibility of the Company. 4.2. Tilky may terminate this Agreement with immediate effect and end the User's use of the Application if the User breaches this Agreement or the legislation, misuses the Application or endangers system security. In all other cases, Tilky may terminate this Agreement by notifying the User's registered e-mail address at least 30 days in advance; in that case, a User whose paid membership (Premium) is terminated is refunded the fee for the unused period. 4.3. Tilky reserves the right to amend this Agreement from time to time. ARTICLE 5 – MUTUAL RIGHTS AND OBLIGATIONS 5.1. Rights and Obligations of the User: The User accepts that, while fulfilling the user procedures, benefiting from the products or services in the Application, and performing any transaction related to the products or services in the Application, he/she will act in accordance with all the conditions contained in this Agreement, the rules determined by Tilky, and all applicable legislation, and that he/she has read, understood, and approved all the conditions and rules specified in this Agreement. The User accepts that, in cases where Tilky is obliged to make disclosures to official authorities pursuant to legal legislation, in the event that such information is duly requested by official authorities, Tilky shall be authorized to disclose to the official authorities the information belonging to the Users that has been obtained within the Application, and that for this reason no compensation may be claimed from Tilky under any name whatsoever. The User declares that Tilky shall be authorized to disclose the commercial information belonging to the User to the business partners with whom it has concluded agreements for the purpose of and/or in order to perform the services that are the subject of this Agreement, that he/she accepts this matter, and accordingly accepts that no compensation may be claimed from Tilky under any name whatsoever for this reason. The User is obliged to keep confidential the username and password ("System Access Tools") that he/she uses to access the Application. The right to use the System Access Tools belongs exclusively to the User. The User shall not disclose this information to third parties. The User is entirely responsible for the consequences of the use of the System Access Tools by a third party. Tilky is not obliged to identify the persons who engage in such improper use or to take measures exceeding the ordinary limit in order to prevent them. The User accepts, declares, and undertakes that, without prejudice to the provisions stated above, he/she is responsible for the use of this information by a third party and the consequences thereof, and that the transactions carried out by means of using this information are binding upon him/her. In the event that the User learns that his/her password has been obtained by others, he/she is obliged to immediately inform the Company. Tilky shall take the necessary measures within a reasonable period of time as soon as it confirms that this notification made to it has come from the User himself/herself. The User accepts and undertakes that the information and content provided by himself/herself within the Application are accurate and lawful. Tilky is neither obliged nor responsible to investigate the accuracy of the information and content transmitted by the User to the Company or uploaded, modified, and provided by the User through the Application, nor to undertake and guarantee that such information and content are secure, accurate, and lawful, and is likewise not responsible for any damage that may arise due to such information and content being incorrect or erroneous. Any material and moral damage that Tilky may suffer due to any compensation claim or administrative sanction that may be directed against Tilky as a result of the User's incomplete or erroneous notification within the scope of this Agreement shall be immediately compensated by the User in cash and in full. The User accepts, declares, and undertakes that all transactions carried out from his/her own portal are performed exclusively and solely by himself/herself. The User undertakes that the communication channels he/she has provided to the Company belong only to himself/herself and are under his/her sole control, and that he/she actively uses these communication channels. Otherwise, the User shall be liable to compensate any and all material and moral damages that the Company may suffer due to the communication channels not belonging to the member himself/herself or due to not actively using the communication channels. Those who benefit from the services offered by the Company may carry out transactions within the Application only for lawful purposes. The legal and criminal responsibility for every transaction and action that the User performs within the Application belongs to himself/herself. Users accept that, while using the Application, they will comply with the Turkish Penal Code, the Turkish Commercial Code, the Code of Obligations, Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through Such Publications, the Law on Intellectual and Artistic Works, the decree-laws and legal regulations related to the Protection of Trademark, Patent, Utility Model, and Industrial Design Rights, all kinds of relevant legislative provisions currently in force, as well as the notices that the Company will publish regarding the Application. The User accepts that this Application belongs to the Company and is operated by it. The content of this Application is protected in accordance with intellectual and industrial rights. The User accepts and undertakes that he/she will not reproduce, copy, distribute, process the images, texts, visual and auditory images, video clips, files, databases, catalogs, and lists contained within the Application that would constitute an infringement of the identical or personal rights or assets of the Company and/or any other third party, that such sharing and processing will be immediately and at all times removed and prevented by Tilky, and that he/she will be liable to compensate any and all material and moral damages that Tilky may suffer for this reason. The User shall refrain from any kind of business, transaction, action, relationship, or interest that may adversely affect the profitability, interests, and reputation of Tilky. 5.2. Rights and Obligations of the Company The Company reserves the right to unilaterally change the services and content offered in the Application at any time, and to close and delete the information and content that the User has uploaded to the system from access by third parties, including the User. The Company may exercise this right without any notice and without granting any prior notice. In the event that the change and/or correction requests demanded from the User by the Company are not fulfilled within the specified period, the Company shall not be responsible for damages that have arisen and may arise, and shall have the right to freeze or terminate the User's right to use the Application. The Company may use the data obtained within the scope of the Application for the purposes of providing services, ensuring system security, measuring performance, detecting errors, statistical analyses, and improving service quality. The evaluations to be made within this scope are, where possible, carried out on anonymized and/or aggregated data. The User's personal data is not used in an identity-revealing manner and is not processed in violation of the applicable legislation. In the event that advertising, promotional, or similar commercial content is presented to the user within the scope of the Application, these activities are carried out in accordance with the relevant legislation and user preferences. Tilky reserves the right to change and reorganize all kinds of services, products, and conditions of use of the Application present in this Application and its extensions, as well as the information presented in the Application, and to suspend the Application, without the need for any prior notice. The changes enter into force at the moment of publication in the Application. Users are deemed to have accepted these changes by using the Application or by accessing the Application. The changes are announced to the Users through the medium determined by the Company. The Company makes no guarantee that the services it provides within the scope of the Application will be continuously active and accessible. The Company accepts no responsibility whatsoever, in particular, for disruptions arising as a result of judicial and other competent official authority decisions and practices, force majeure, situations caused by third parties, disruptions and delays arising from organizations providing internet connection services and similar external factors, misuse, technical malfunctions and other disruptions that may arise from Tilky, repair and maintenance works, or other directions. When necessary, the Company may limit or suspend access to the service in the event that the operational security of the network is endangered, in order to ensure the continuity of access to the network, to prevent malfunctions that may occur in the network, software, or registered files, to prevent possible disruptions or to reduce their effect, and in other situations it deems necessary. The estimations made by the Company are not guaranteed, and it is possible that they may err and/or differ from time to time. The Company does not undertake their accuracy; the service shall not be considered as investment advisory in any manner or scope whatsoever and shall be classified only as software that performs valuation and analysis revealing the financial situation. The responsibility arising from the User's interpretation, evaluation, and acceptance to the contrary and from the use belongs to the User. ARTICLE 6 – SERVICES Tilky will be able to view and record matters of financial value belonging to the Users through the Application; Tilky is bound by the information provided by the User. The Company reserves the right to make changes in the content of the services it offers at any time. The service provided by Tilky is in no way an investment recommendation; it may vary and there is a margin of deviation. The use of Tilky shall not be considered as investment advisory in any manner or scope whatsoever and shall be classified only as software that performs valuation and analysis revealing the financial situation. The responsibility arising from the User's interpretation, evaluation, and acceptance to the contrary and from the use belongs to the User. ARTICLE 6/A – PAID MEMBERSHIP (PREMIUM), FREE TRIAL AND CANCELLATION 6/A.1. Premium membership. Some Tilky features are offered with a paid membership ("Premium"), available with a monthly or yearly period. The current price, period and scope are shown in the App and on the Apple App Store or Google Play ("Store") payment sheet at the time of purchase. Some Premium features have daily or monthly usage limits (for example stock analyses, listing checks, parcel reports); current limits are shown in the App and are increased for yearly members at the rate stated in the App. Reasonable technical limits may apply to features offered as "unlimited" to prevent abuse. The Company may change these limits by announcing them in the App. Payments are collected by the Store using the payment method registered to the User's Store account; the Company does not see or store card details. 6/A.2. Free trial. The Company may offer a time-limited free trial of Premium. The trial length and the price charged afterwards are shown in the App and on the Store payment sheet before the trial starts. The Store decides who is eligible; a User who has previously subscribed to or trialled Tilky with the same Store account may not be offered a trial. The trial starts when the payment method is confirmed in the Store, and no charge is made during the trial. Unless cancelled before the trial ends, a paid subscription for the selected period (monthly or yearly) starts automatically at the end of the trial and the Store collects the fee. On the App Store, cancellation must be made at least 24 hours before the trial ends to avoid a charge. If a User who started a trial returns to the free plan without a paid subscription, the free plan's decision credits end; free tracking features remain available. 6/A.3. Auto-renewal. Unless cancelled, Premium renews automatically at the end of each period for the same length at the then-current price. For price changes, the Store's notification rules apply. 6/A.4. Cancellation. The User can cancel the subscription or trial at any time in the Store: App Store: Settings > [Name] > Subscriptions; Google Play: Profile > Payments & subscriptions > Subscriptions. The "Cancel subscription" link in the App also leads to these pages. Cancellation takes effect at the end of the current period, and Premium remains available until then. Deleting the Tilky account does not cancel the Store subscription; to avoid being charged, the subscription must be cancelled separately in the Store. 6/A.5. Refunds and right of withdrawal. Refund requests are subject to the refund rules of the Store (Apple or Google) that collected the payment; the Company directs the User to the relevant channel. Premium is a service performed instantly in electronic form; under Article 15(1)(ğ) of the Turkish Distance Contracts Regulation, the right of withdrawal cannot be used for this service once performance has started with the User's consent. The User may cancel the subscription free of charge during the free trial. The User's rights under consumer protection legislation are reserved. 6/A.6. Free plan. The features and usage rights offered in the free plan are shown in the App. The Company may change the scope of the free plan by announcing it in the App; such a change does not take back rights already used. ARTICLE 7 – CONFIDENTIALITY 7.1. Tilky will not use the information about the Users outside the scope of this Agreement and will in no way share it with third parties, provided that the scope of the Services remains reserved. Tilky may access the information shared by the User within the scope of the Application and will share this information with its subcontractors only if necessary for the use of the Application. Tilky will absolutely not share the personal data and information transmitted to it with third parties outside the above-stated purposes related to the collection of the information, will not sell it, and will not allow its use under any circumstances. 7.2. Tilky may disclose information about the Users to third parties (i) in cases where it is necessary to comply with the obligations imposed by legal rules, (ii) in cases related to the fulfillment of the requirements of the agreements between it and its users and their implementation, and (iii) in the event that information about the Users is requested in accordance with a research or investigation duly conducted by competent administrative and/or judicial authorities, and such disclosures shall not be considered a breach of confidentiality. 7.3. Tilky attaches importance to personal information and data security and takes care to take all necessary measures in this regard. Users also accept, declare, and undertake in advance that they will act in accordance with this article by using the Application. 7.4. In order to identify problems related to the system in the Application and to urgently resolve possible problems that may arise in the Application, Tilky may, when necessary, record the IP addresses of the Users and the information registered in their social network user accounts, and may use these records for the aforementioned purposes. 7.5. It may be used by Tilky for the purpose of generally identifying its users and visitors and collecting comprehensive demographic data. 7.6. Tilky undertakes that it accepts as an obligation to keep the confidential information provided to it strictly private and confidential, to keep it as a secret, and to take all necessary measures and fully exercise all due care required to ensure and maintain confidentiality and to prevent all or any part of the confidential information from entering the public domain, or its unauthorized use, or its disclosure to a third party. 7.7. Tilky may amend this article at any time it deems necessary, provided that it is published in the Application. The provisions of the privacy notice that Tilky has amended are deemed to have entered into force on the date they are published in the Application. 7.8. With respect to matters concerning personal data, the Parties accept, declare, and undertake that they are bound by Law No. 6698 and that Tilky has fulfilled its obligations through the disclosure and explicit consent on the main screen. ARTICLE 8 – APPLICABLE LAW AND COMPETENT COURT Turkish Law shall apply in the implementation and interpretation of this Agreement. The Bodrum Courts and Enforcement Offices are competent for the resolution of any and all disputes arising or that may arise from this Agreement. ARTICLE 9 – INTELLECTUAL PROPERTY RIGHTS All elements of the Application (including but not limited to the general appearance, design, text, image, logo, icon, demonstrative, written, electronic, graphic, or machine-readable technical data, the Tilky trademark, the business method and business model applied, the software code and other codes) belong to the Company and/or are used under a copyright obtained by the Company from a third party. The User accepts that the financial/moral/neighboring/related rights arising from Law No. 5846 on Intellectual and Artistic Works of all kinds of content and all other kinds of materials that are included in the Application within the scope of this Agreement and that may be evaluated within the scope of a work; the rights of any kind of processing, reproduction, distribution, rental, lending, performance, and communication to the public and re-communication to the public by all kinds of means serving the transmission of signs, sounds, and images, including digital transmission, enumerated in Articles 20, 21, 22, 23, 24, and 25 of the Law; the authority to use the moral rights regulated in Articles 14-17 of the Law on Intellectual and Artistic Works, including the right to transfer or license all or part of these rights to third parties, belong to the Company within and outside Turkey, without limitation as to number, content, format, and duration, and under any name whatsoever. All these elements belonging to the Company that are protected within the scope of intellectual and industrial rights cannot be changed, copied, reproduced, translated into another language, republished, resold, shared, distributed, exhibited, used outside the scope of the User Agreement, or works derived therefrom cannot be made or prepared, without prior permission and without citing the source; in the event of acting otherwise, the responsible person/persons shall be liable to cover the damage suffered by the Company and/or the amount of compensation claimed from the Company due to the damages suffered by third parties, including licensors, including court costs and attorney's fees. ARTICLE 10 – AMENDMENTS TO THE AGREEMENT Tilky may, entirely at its own discretion and unilaterally, amend this User Agreement or any provision thereof and its annexes at any time it deems appropriate, by announcing it in the Application. The amended provisions of this User Agreement shall take effect on the date they are announced or, in the event that there is a previously specified effective date, on the effective date; the remaining provisions shall continue to be in force and produce their effects and consequences as they are. This User Agreement cannot be amended by the unilateral declarations of the members. ARTICLE 11 – FORCE MAJEURE 11.1. The term force majeure shall be interpreted as unavoidable events that develop beyond the reasonable control of Tilky and that it could not prevent despite exercising due care, including but not limited to natural disaster, rebellion, war, strike, embargo, and attacks made on the Application despite the Company taking the necessary information security measures. 11.2. In all situations deemed force majeure, the Parties shall not be liable for the late or incomplete performance or non-performance of any of the obligations determined by this Agreement. ARTICLE 12 – VALIDITY OF RECORDS The User accepts, declares, and undertakes that, in disputes that may arise from this Agreement, the electronic and system records, commercial records, ledger records, microfilm, microfiche, and computer records that Tilky keeps in its own database and on its servers shall constitute valid, binding, conclusive, and exclusive evidence, and that this article is in the nature of an evidentiary agreement within the meaning of Article 193 of the Code of Civil Procedure (HMK). ARTICLE 13 – TERMINATION OF THE AGREEMENT This User Agreement shall remain in force as long as the User is a member of the Application and shall continue to produce its effects and consequences between the parties. The parties reserve the right to terminate this Agreement at any time. ARTICLE 14 – NOTIFICATION ADDRESSES 14.1. The electronic mail address that the Users have notified to Tilky shall be deemed the electronic mail to which the legal address will be requested for any and all notifications to be made in connection with this Agreement. 14.2. The Parties accept that, unless they notify the other party in writing of the changes in their current electronic mails within 3 (three) days, the requests to be made to the old electronic mails shall be valid and deemed to have been made to themselves. The User declares, accepts, and undertakes that he/she has read, understood, and accepted all of the articles included in this Agreement consisting of 14 articles, and that he/she has approved the accuracy of the information he/she has provided about himself/herself. This Agreement has entered into force upon mutual acceptance through the electronic approval of the User's membership request and shall be applied together with its annexes. Contact Us We'd Love To Hear From You. Whether it's feedback, partnerships or just to say hi. hello@tilky.app