User Agreement

Article 1. The Parties


1.1 This User Agreement is hereinafter referred to as the "Agreement". Kant Yazılım Anonim Şirketi hereinafter referred to as "Kant". https://kant.ist, https://otelika.com, and the software and applications available at these addresses will be referred to as "Kant Services" hereinafter. The Person/Institution that has signed up to Kant Services by approving the user agreement and is a party to this agreement will hereinafter be referred to as the "User". The information requested on the User registration page on Kant Services during the user registration process will hereinafter be referred to as "Registration Information". The person or persons authorized to use Kant Services by the User, who is a natural or legal person, will hereinafter be referred to as "User" or "Users". The Products and Services that can be used by the User subject to the contract, all rights of which belong to Kant, are hereinafter referred to as "Products and Services". All data, information and documents that the User has accumulated over time on Kant Services will be referred to as "Content" from now on. The web pages of all Products and Services created by Kant, including but not limited to https://otelika.com, https://kant.ist, and all web pages belonging to Kant will be referred to as "Site" hereinafter. All e-mails sent by Kant to the User from the addresses info@kant.ist, noreply@kant.ist, hi@kant.ist, info@otelika.com,noreply@otelika.com are hereinafter referred to as "E-Mail". .


1.2 This Agreement is concluded between Kant and the Person/Institution registered as a User in Kant Services. The Agreement will enter into force upon its acceptance by the User in electronic form; It will continue to be in effect unless terminated by the parties in accordance with the procedures specified in the Agreement. In case the User enters the Site or successfully registers with Kant Services, the contract will be deemed to have been accepted electronically.

Article 2. Subject and Scope of the Agreement


2.1 This Agreement is concluded by the User for the purpose of determining the rights and obligations of the parties regarding the use of Kant Services, which can also be accessed via the Site with a cloud-based web browser, and the Content uploaded to the site. Terms of use, rules and conditions of the Kant Services or the Site offered to the User by Kant regarding the use of the Site and all other Products and Services within the scope of the Agreement are also an annex and inseparable part of this Agreement. It constitutes all of the rights and obligations of the parties together with the rights and obligations of the parties.


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 full, correct and up-to-date Registration Information requested by Kant while registering with Kant Services. In case of any change in the information provided during the establishment of the user status, such information will be updated immediately. Kant is not responsible for the inability to access and benefit from Kant Services due to incomplete or untrue information or out-of-date information.
3.2 ​​The User declares that he/she has reached the age of 18 and has the legal capacity to conclude this Agreement. If the User registers with Kant Services on behalf of a business, the User accepts and declares that he has the necessary authorization. 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 forbidden to establish a second account by the User using the same or other information following the suspension or termination of the User account by Kant. Kant reserves the right to refuse the opening of the User account at his sole discretion, without giving any reason.
3.4 The User accepts and undertakes that he/she will use Kant Services only for his/her legal activities and will act in accordance with this Agreement, its annexes, applicable legislation and other terms and conditions stipulated on the Site regarding Kant Services. The User will be able to use Kant Services 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.
3.5 The User may authorize a third party as a User to use Kant Services from time to time at its sole discretion. Who the User will be and the level of authorization within the scope of Kant Services will be determined by the User. The User is responsible for the use of Kant Services by the User or Users he/she has authorized, and will always control the User's or Users' access to Kant Services and will always and for a reason determine the User's or Users' access to Kant Services. may change or revoke access without being bound by it. In case of a dispute between the User and the User or Users authorized by him, regarding access to Kant Services, the User shall decide on the access and level of access of the authorized User or Users to Kant Services or Content.
3.6 The Content shared by the User is the property of the User and all responsibility for the Content belongs to the User. Kant has the right to use or view the Content under this Agreement. Kant cannot be held responsible for the Content or any loss or damage that may be caused by the Content, and Kant has no responsibility for, but not limited to, legality, accuracy of the Content, payment of invoices, collection, financial transactions and tax reporting. It is the User's sole responsibility to ensure compliance with the relevant legislation on financial transactions, taxes and other issues. The user agrees that Kant can delete the Content from Kant Services and systems based on the requirements arising from the current legislation, especially financial regulations, and Kant is not responsible for any damages that may occur in this context, including lost data.
3.7 The User, if Kant Services is hosted by third parties, will not engage in activities that will endanger the security and integrity of the computer and network systems of these third parties, not to use them in a way that prevents or harms other users from benefiting from them, or to misuse them, not to provide unauthorized access to the computer systems where Kant Services are hosted or to Kant Services outside the scope of access granted to them, to Kant Services, Kant and third parties shall not transfer or upload files or illegal Content (including Content and other materials that are copyrighted or trade secret on which the User has no right to use) that will harm computer systems, devices and software, or the computer programs used in the operation of the Site absolutely for ordinary use.It accepts and undertakes that it will not change, copy, adapt, reproduce, create source code or reverse engineer unless it is official.
3.8 The User acknowledges that his use of Kant Services may be subject to restrictions, including monthly transaction and storage volumes. Such restrictions may be specified within Kant Services.
3.9 The User shall keep copies of Content uploaded to Kant Services. While Kant complies with the necessary policies and procedures to prevent data loss, it does not guarantee that the Content will not be lost. Kant is not responsible for the loss of Content, regardless of how it arises.
3.10 Kant shall store and use the information and data shared with him by the User within the scope of the "KVKK and Privacy Policy", which is in addition to this Agreement. The User agrees that Kant 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 of the User and the transactions carried out by the User through Kant Services can be used for the security of Kant Services, the performance of Kant's obligations and some statistical evaluations. Kant 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 may also be classified and stored on a database, and Kant will use the User's usage and transaction information for performance evaluations, Kant's and its business partners' marketing campaigns, annual reports and similar transactions for the period necessary for such data. will be able to use it after it has been anonymized. The User accepts that the Content and other information may be stored by Kant or third parties in data centers located in Turkey or abroad.
3.11 In case of technical problems with Kant Services, the User shall make reasonable efforts to identify and diagnose the problem before contacting Kant. In case the User's technical support needs continue, the necessary support will be provided through the Site, Kant Services or other appropriate channels.
3.12 In the event that the User is provided with communication tools (such as forums, chat tools or message centers) over the Site, the User declares and undertakes to use these communication tools only for legal purposes. Kant Services, including the sale of products and services, e-mails sent without the consent of the other party, files that may damage third parties' software and computer systems, content that is insulting to other Users or any illegal content. will not use it to share materials other than its purpose. The User undertakes that he/she has the authority to do this in terms of any communication he/she makes through the Site. Kant has no obligation to check the appropriateness of communications made through the Site or whether they are for the intended use of Kant Services. In terms of other web-based communication tools accessed through Kant Services or used in relation to Kant Services, the User shall show the care he is obliged to show when using the communication tools provided through the Site. Kant has the right to remove the communication tools it provides through the Kant Services at any time at its own discretion.
3.13 Kant 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 Kant Services by the User. If the User does not accept such changes, the right to terminate this Agreement as stated below is reserved.
3.14 The User cannot in any way transfer or assign the User account and the rights and obligations arising from the use of the User and Kant Services with this Agreement.
3.15 In case the User violates this Agreement and other terms and conditions within the scope of the Site, as well as the declarations and commitments in this context, Kant may suspend the User's membership or terminate the User's status in this way by terminating the Agreement as stated below. will have the right. In such a case, Kant 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 Kant Services only in return for full and complete payment of the fees declared on the Site or via the e-mail sent to him, with the payment terms and means declared on the Site or by e-mail.
4.2 The User will be able to use Kant Services for the period to be specified on the Site or to be notified by Kant via e-mail, without paying any special privileges and within the period. At the end of the trial period specified on the Site or to be notified by Kant via e-mail, the User's membership, type, service level will become a paid membership. Fees for Kant Services, payment terms, effective dates of fees will be announced in the relevant sections of the Site or specifically by e-mail. Changes to be made in the membership, fee and payment conditions during the User's membership period will not be implemented until the end of the User's membership period, new fees and payment conditions will be valid with 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 Kant or third parties approved by Kant 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 in Kant Services or all other Products and Services belonging to Kant belong to Kant. Within the scope of this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use Kant Services or all other Kant Products and Services. Nothing in the Contract and other terms regarding Kant Services or all other Products and Services belonging to Kant can be interpreted as transferring the rights and interests of Kant Services or all other Products and Services belonging to Kant to the User. Within the scope of this Agreement, the User is entitled to Kant's access to Kant Services or all other products and services of Kant, to use Kant Services or all other products and services of Kant and to provides the right to use, copy, transmit, store and backup the information and Content for other purposes. Kant has the right to sublicense the Content to third party developers for the purpose of providing services.
5.2 The User, in any way or for any reason, may not copy, modify, reproduce, reverse engineer, decompile or otherwise use Kant Services or all other Kant Products and Services. does not have the right to access the source code of the software on all other Products and Services belonging to . Any modification of the browser and content of Kant Services or all other Products and Services belonging to Kant, without express consent of Kant, to Kant Services or any other Products and Services belonging to Kant or Linking from Kant Services or all other products and services of Kant is strictly prohibited.
5.3 The User may in any way retain the trade name, brand, service mark, logo, domain name, etc. of Kant (or its affiliates). will not use.


Article 6. Limitation of Liability


6.1 The software and other content offered within the scope of user membership are provided "AS IS" and Kant has no responsibility or commitment regarding the accuracy, completeness and reliability of the software and content in this context. The User understands and accepts that Kant also does not make any commitments regarding the relationship between the Content and other User Content. Kant does not warrant that the use of Kant Services or Kant's Products and Services is uninterrupted and error-free. While Kant aims to make Kant Services or Kant's Products and Services accessible 24/7, Kant does not guarantee the functionality and accessibility of the systems that provide access to Kant Services or Kant's Products and Services. The User agrees that access to Kant Services or Kant's Products and Services may be blocked or interrupted from time to time. Kant is in no way responsible for such obstructions or interruptions.
6.2 The user may provide links to other websites and or portals, files or content not under the control of Kant through Kant Services or Kant's Products and Services, and to support the website or the operator of such links, or the website. Kant accepts and declares that it does not constitute a declaration or guarantee of any kind for the information it contains or for the information it contains, and that Kant has no responsibility for the portals, websites, files and content, services or products accessed through such links, or their content.
6.3 The user, access to Kant Services and other Kant Sites and Applications offered through Kant Services or Kant's Products and Services, and their quality largely depend on the quality of the service provided by the relevant Internet Service Provider, and the said service quality accepts that Kant does not have any responsibility for the problems arising from it.
6.4 The User is solely responsible for the Content or Content he/she uploads and the use of Kant Services or Kant's Products and Services. Any claims and demands (including litigation costs and attorney fees) that may be submitted by third parties regarding the use of the User, intellectual property violations, Content, Site and Kant Services or Kant's Products and Services, He admits that he has done it since.
6.5 Kant, to the extent permitted by applicable law, does not accept any liability arising from the use of the Site or Kant Services, including but not limited to items such as loss of profit, loss of goodwill and reputation, and expenses for the supply of substitute products and services. shall not be liable for any direct, indirect, special, incidental or punitive damages. In addition, Kant further disclaims any warranties of any kind, express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose.


Article 7. Enforcement and Termination of the Agreement


7.1 This Agreement will enter into force upon its 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 resolved 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, Kant will have the right to suspend the User status until the violation is resolved. In the event that the User violates the applicable legislation, Kant may terminate the Agreement with just cause, with immediate effect.
7.4 Termination of the Agreement shall not remove the rights and obligations of the Parties that arose up to 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 Kant Services and, if using, other Products and Services belonging to Kant as of the date of termination. In case of termination of prepaid memberships, no refund will be made to the User.
7.5 Kant may terminate this Agreement if the User is inactive for 3 (three) months.
7.6 In cases where the user account is not blocked for legal reasons and the Agreement is terminated, Kant endeavors to provide read-only access to the Content on Kant Services for 1 (one) month, but does not make any commitments in this regard.
7.7 Kant has the right to store the Content in its databases as long as this Agreement is in effect. Within 1 (one) month following the expiry of the Agreement, the User will be able to receive the Content free of charge. Kant reserves the right not to consider such requests submitted after the expiry of this period.


Article 8. Independent Evaluation


8.1 THE REAL AND LEGAL PERSONS AND AUTHORITIES WISHING TO BE USER ARE CONSIDERED TO HAVE READ THIS AGREEMENT AND AGREE TO ALL TERMS AND CONDITIONS. AGREEING TO INDEPENDENTLY ASSESSMENT THE BENEFITS OF BEING A USER AND PARTICIPATION AND WITHOUT reliance on ANY REPRESENTATIONS, WARRANTY, OR EXPLANATIONS EXCEPT AS PROVIDED IN THIS AGREEMENT.


Article 9. Miscellaneous Provisions


9.1 The invalidity, illegality and unenforceability of any provision of this Agreement or any statement contained therein shall not affect the validity and enforceability of the remaining provisions of the Agreement.
9.2 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.
9.3 The user will be contacted via the e-mail included in the Registration Information, which he/she declared while registering, or through the general information and announcements on the Kant Services or the Site. Communication by e-mail takes the place of written communication. It is the User's responsibility to keep the e-mail address up to date and to regularly check Kant Services and the Site for information.
9.4 Kant's failure to exercise a right under this agreement or to enforce any provision herein shall not constitute a waiver of such right or provision. This agreement constitutes the entire agreement between the User and Kant and regulates the use of Kant Services or the Products and Services of Kant and the relations between the User and Kant, and all previous agreements between Kant and the User (previous versions of this agreement) including, but not limited to)
9.5 No arbitration proceeding under this contract shall be combined with any arbitration proceeding relating to another party subject to this contract, whether by collective arbitration proceedings or otherwise.
9.6 This contract shall be governed by Turkish law, without reference to the rules governing the choice of law. Istanbul Central (Çağlayan) Courts and Enforcement Offices will be authorized in disputes arising from this Agreement and its annexes.