It will be referred to as "Service Provider" in the Agreement.
Service Provider: the owner of the data, software and solutions that provide the services subject to the contract.
User The user of the services created by the Service Provider and provided with a user name and password according to the scope of this agreement.
The definitions used in this Agreement shall have only the meanings ascribed to them. These definitions are as follows.
2.1. Transfer Dashboard: It is a digital platform consisting of visual tools produced by the Service Provider to provide data representation.
2.2. Algorithm: Used in data acquisition, record creation, processing, analysis, clustering, classification, summarisation, visualisation, transmission and setup developed by the service provider to create and operate the business value proposition chain. are the steps and sequential relationships of software and workflow diagrams.
2.3. Analytical Service Protocols: Mathematical and statistical procedures and analytical engineering protocols and procedures consisting of cleaning, preparation, modelling, testing and implementation processes carried out using Data Science models.
2.4. Online Access Platform: It is a web-based interface that welcomes users for encrypted or unencrypted access where transfer boards are listed, sorted and introduced.
2.5. Internal Transfer Dashboard: It is an interactive dashboard that hosts visual representations created from summarised content generated from user data.
2.6. Internal Visual Representation: Interactive visual representations created from summarised content generated from user data.
2.7. Access Platform: It is an html-based web environment where the titles, content definitions, features and online access links of the transfer boards are listed and users can access them according to their assigned roles and authorisations.
2.8. Intellectual Property Rights: In common usage, including (a) patents, patent applications, (b) trade marks, trade names, logos, corporate names, (c) internet domain names, internet domain registrations and applications, (d) computer software, source codes, databases, algorithms, file formats, (e) trade secrets, commercial information, formulae, ideas, compositions, designs, research information, findings, drawings, specifications, plans, flow (f) supplier names, information and value production chains (g) all legal ownership of synthetic data, summary data, content, data releases, data stories, access platforms and management platforms, sharing and information rights.
2.9. Confidentiality: (a) confidential, proprietary or proprietary information, (b) the parties' business plans, workflow processes, personnel, suppliers, licence agreements, partners, investors, financial information, (c) marketing plans, sales prospects, customer lists, (d) training methods, training materials, business development plans, research and development sketches, (e) business algorithms, inventions and discoveries, models, software programmes, mathematical functions, (f) sample presentations, prototypes, system architectures, system components, formulae, diagrams and all technical, financial and other information related to the planning, creation and execution of work, It covers all qualitative and quantitative content.
2.10. Visual representation: (a) quantitative and qualitative information, (b) relationships between data, (c) time-based changes and trends, (d) cumulative flows, (e) deviations, (f) anomalies, (g) gaps, (h) partial or complete visualisation of some or all of the features, such as defects, by means of graphical means.
2.11. Content: The data source or sources, singular or multiple uses of the data source or sources, transformed into a visual representation with thematic frames.
2.12. Working day: The hours between 09:00 and 17:00 on days other than Saturdays, Sundays and public holidays.
2.13. Source Code: programming languages, object codes, Forms, binary codes, testing procedures, learning procedures, storage procedures, installation and monitoring procedures, including all software used in contract performance are forms of expression that can be read, processed and compiled by computer equipment.
2.14. Personal Data: Pursuant to Article 3/d of the Law No. 6698 on the Protection of Personal Data (GDPR), any information relating to an identified or identifiable natural person and special categories of personal data listed in Article 6/1 of the GDPR.
2.15. User Account: It is the account that can access the transfer boards allocated to the user by logging into the Access Platform provided to the user by the Service Provider. It contains a user name and a login password.
2.16. Summary Content: Data selections, groupings and associated special data structures created by the service provider according to User requests.
2.17. Protocol: The codes, software and protocols used in the execution of the steps defined in the algorithms, their testing, performance checks, security, communication with other steps and their relations with the whole. programmes.
2.18. Synthetic Data: Data derived from the data used by the service provider by means of mathematical functions, derived based on summary contents, data relationships, directions and groupings, and not included in the raw data. are derived instantaneous or permanent values.
2.19. Server: Network communication, access and security environments provided by the service provider are configured, SSD storage areas, load balancer, dynamic and static domain names and service providers.
2.20. Data Space: Electronic databases where user data is stored. All of the Service Provider's databases have encryption, network isolation, backup and simultaneous load distribution and access security protocols.
2.21. Data Formatting Protocol: These are engineering protocols for the creation of distinctive labels of data cells, their association, their relational properties and the way they relate to other data cells.
2.22. Data Bulletin: Online data stories created using summarised content.
2.23. Data Story: By presenting content produced in thematic frameworks with references to academic research on industrial, social or societal problems and needs, users can broaden their perspectives, question are transfer boards that provide a diversity of approaches and reporting that they can take as an example in terms of format and methods.
2.24. Data Source: Depending on the way the data is obtained, interviews with real persons or recording devices belonging to the basis on which the data is generated.
2.25. Data: Digital records supplied by the Service Provider or provided by the User. When referred to as Big Data, it means that it is obtained from recording devices, when referred to as Small Data, it means that it is obtained from interviews with individuals. It is mentioned that it is produced by means of marking on the form.
3.1. The user accepts, declares and undertakes that he / she will act in accordance with all the conditions contained in the contract, applicable laws and regulations, and that he / she understands and approves all the terms and rules set forth in this contract.
3.2. The tasks undertaken by the Service Provider as framed in this Agreement shall be fulfilled if the User fulfils his responsibilities in a timely manner.
3.3. Users contract with the algorithms, visual representations, dashboards, data bulletins, content, data stories, synthetic data, source codes, software, designs and platforms offered by the Service Provider They cannot make savings except as explicitly stated within the scope of the scope. They may not disassemble, re-derive through reverse engineering practices, or attempt to create similar ones.
3.4. The User accepts all intellectual property rights belonging to the Service Provider within the scope of the services subject to this contract. It cannot copy, reproduce, distribute, change the service received without the written permission of the service provider.
3.5. Access to some services, contents, data bulletins and data stories offered by the Service Provider does not require a fee, while access to some services, contents, data bulletins, data stories is available to the User for a fee. It can be done with his/her account. The User acknowledges that the free content listed on the Access Platforms belongs to the Service Provider, and that the Service Provider does not impose any obligation on the Users to pay a fee for such content from the access platform. accepts that it can be removed, renewed, changed without any notification.
4.3. The user may not transfer the services and materials obtained to another user in whole or in a limited form without the knowledge of the service provider. In ways that are not in accordance with the purposes, conditions and procedures specified under the Agreement use, distribute and modify.
4.1. The user agrees that he/she will not reverse engineer during the use of the services provided to their access due to their membership arising from individual or corporate purchases, or for the purpose of finding or obtaining their source code It accepts in advance that it will not take any other action and that it will be responsible for any damages arising before third parties, otherwise legal and criminal proceedings will be taken against it.
4.2. Attempting to break API protocols with any method other than those provided by the Service Provider and unauthorised access to parameters such as API key, API secret key, request headers, client verification algorithm or sharing these parameters with third parties without permission, trying to access the platform in a way that prevents, disrupts or interferes with the communication or technical systems of the platforms, using automatic programmes, robots, spiders, web crawlers, spiders, data mining, data crawling, etc. on the platform, using "screen scraping" software or systems, automatic tools or manual processes, unauthorised access to other users' data or software, running bots as a result of the determinations to be made according to various criteria. In case of using "screen scraping" software or systems, automatic tools or manual processes, unauthorised access to other users' data or software, running bots as a result of determinations to be made according to various criteria, DDOS attacks and all other kinds of systems to disrupt, change, reduce or destroy the current performance of all or part of the systems and all other system attacks and other unlawful uses, such uses will be blocked at the discretion of the Service Provider. It is unlawful to use the platforms and connected contents outside the limits of use determined by the "Terms of Use"; All kinds of claims, lawsuits and follow-up rights of the Service Provider are reserved. In case of detection of use contrary to these terms and laws; Service Provider, It has the right to report the user to the competent authorities. The User accepts that he/she is personally liable for damages and claims arising from such use.
4.3. The user may use the services provided to him or any part thereof in a manner contrary to general morality and decency, contrary to the law, damaging the rights of third parties, misleading, offensive, obscene, damaging personal rights, contrary to copyrights, illegal not to share information that encourages such activities. Otherwise, the Service Provider is fully responsible for the damages that may occur, and in this case, the Service Provider may suspend or terminate its services subject to such use, reserves the right to initiate legal proceedings. For this reason, it reserves the right to meet information requests from judicial authorities regarding events or user accounts.
4.4. The User is responsible for the user password or passwords allocated to him/her and account security. Otherwise, the Service Provider is responsible for data loss and security breaches or damage to hardware and devices. cannot be held responsible.
4.5. The User shall be responsible for any loss of data arising from damage or unauthorised use of computer systems, mobile devices or other electronic devices from which the services provided are obtained. Unauthorised or unauthorised use of the the Service Provider does not warrant the commercial availability, quality, adequacy, fitness for a particular purpose or non-infringement of a condition of its products and services in all forms of use not known to it.
4.6. The User shall not access (attempt to access) the services provided by the Service Provider by using interfaces other than the platforms specified in the contract or in any other way with automatic programmes (code files and software) access (or attempt to access) the servers or networks provided by the Service Provider, or take any action that may cause disruptions in data and transmission traffic; or use the services provided or any of the services shall not directly and/or indirectly engage in behaviours and transactions that constitute unfair competition, and shall not access other electronic systems, servers or networks operated by third parties without the written permission of the Service Provider shall not use the products, services or applications of the Service Provider for any purpose whatsoever; shall not reproduce, copy, use for commercial purposes or market the products, services or applications of the Service Provider for any purpose whatsoever unless expressly stated in the contract; in this subparagraph accepts and undertakes that it will be liable for all damages that may arise in the event of its responsibilities and violations.
5.1. The contents offered by the Service Provider are obtained within the scope of the commercial relationship, collected from the User, third parties or publicly available sources. All data, visual representations, contents, data stories, data bulletins are processed and presented impartially, without any manipulation or manipulation. Any content expressed through visual representations on the transmission boards is for informative purposes. Within this framework, the service provider The services provided do not constitute a solution, a conclusion, a judgement, or a legal report.
6.1. In order to provide more qualified and reliable service to the Users, the Service Provider may request some personal or corporate information (name, logo, age, interests, e-mail address, etc.) from the users at the beginning and during use. This information collected in the Service Provider's systems can be used in the form of sending, filtering, and managing commercial and general electronic messages according to the Service Provider's preferences for purposes such as ensuring that Users benefit from the services provided by the Service Provider in the best and up-to-date manner, informing them about news, campaigns, new product / training content, promotion, advertisement and similar announcements. Users may use the Service Agrees to the Provider's collection, storage and use of Personal Data under these conditions. The decision whether or not to delete any record of the contract and use terminated by the users themselves belongs to the Service Provider. The User shall not claim any right or compensation from the Service Provider by asserting any legal or contractual grounds regarding the deleted records, information and documents that are not stored, not backed up, and the Service They do not attribute a fault to the provider and do not impose criminal liability.
7.1. The scope of service procurement between the Service Provider and the User within the scope of the matters specified in this contract and the terms of use of this scope are made in addition to this contract.
8.1. Natural disasters, bad weather conditions, fire, explosions, civil wars, wars, strikes, riots, popular movements, declaration of mobilisation, strikes, lockouts and epidemics, infrastructure and internet failures that are not under the control of the parties, unavoidable causes beyond the reasonable control of the relevant party, including but not limited to communication failures, power outages, infrastructure and internet failures, maintenance, repair and improvement works It is referred to as "Force Majeure". Due to these reasons, the Service Provider cannot fulfil the obligations arising from the contract, and does not accept responsibility if it becomes late or incomplete. During this period, the User may not fulfil the rights and obligations arising from this contract cannot claim compensation from the Service Provider under any name.
9.1. In the event that the other party and/or third party(ies) suffer damage due to the user's breach of the contract and/or data security, the party that breached the contract and/or data security shall pay the direct and/or indirect damages incurred by these persons. is obliged to compensate in cash and in lump sum.
10.1. In disputes that may arise from the contract, the parties may use the parties' books and records, computer records, electronic and system records kept in the database and servers, commercial records, fax messages, instant messaging accepts, declares, and undertakes that the correspondence, e-mails, social media correspondence of the applications will constitute valid, binding, conclusive and exclusive evidence and that they are in the nature of a conclusive evidence contract.
10.2. Istanbul (Central) Courthouse Courts and Execution Offices are authorised for the settlement of any dispute arising from the application or interpretation of this Agreement.
11.1. If any of the articles of this contract is deemed invalid or cancelled, this does not affect the validity of the other articles of the contract.
12.1. Each party hereby declares and undertakes that the information disclosed to each other in this Agreement is complete and accurate. The party in breach of the obligation set out in this paragraph shall indemnify the other party for any loss or damage caused.