1. PARTIES AND CORRESPONDENT ADDRESSES

    This User Agreement (“Agreement”) is signed between Salesmot (“Contractor”) and the person who is registered to the site (“Site”) www.salesmot.com as user (“User(s)”). The Agreement will enter into force with the acceptance of the User and the first payment and will continue to be active as long as the parties, through the procedures determined in the Agreement, do not end it.
    1. USER:
       
      Title ...
      Address ...
      Tax Office / No ...
      Tel / Fax No ...
      E-Mail Address ...
    2. CONTRACTOR:
       
      Title İkipixel Bilgi Teknolojileri A.Ş.
      Address Büyükdere Caddesi, Astoria AVM
      No:127 / B2-02, 34394
      Esentepe, Şişli - Istanbul / TURKEY
      Tax Office / No Zincirlikuyu / 4700606900
      Tel / Fax No (0212) 261 31 02 / (0212) 261 31 12
      E-Mail Address iletisim@salesmot.com
      Technical Support (0212) 261 31 02
  2. THE SUBJECT OF THE AGREEMENT

    The subject of this Agreement is the terms related to the software developed for the management of the personnel who are responsible for sales, keeping a record of them, reporting, and increasing their motivation by gamification, the Services which will be provided to the User connected to the software, and regulating the issues concerning the rights and obligations of the parties. Special terms, price, and costs related to the Services that will be provided to the USER are designated in the salesmot.com information pages. Special offers will be shown on the purchase page. These relevant annexes are each inseparable parts of the Agreement. The User can take new software and services that are not included in the herein agreement through additional protocols, after the herein agreement.
     
  3. RIGHTS AND OBLIGATIONS OF THE PARTIES
    1. The CONTRACTOR will present the Service determined in the herein Agreement and its annexes, within the scope of the agreement.

    2. The USER is obligated to provide technical infrastructure, necessities, equipment, downloading of software and the licenses on the downloaded software necessary to be able to benefit from the Services mentioned in this agreement.

    3. The USER is aware that the software subject to the agreement is not a performance following software in terms of Labor Law.

    4. In the case that the CONTRACTOR needs access to the information systems belonging to the User to provide the Services, the USER will do what is necessary for the CONTRACTOR’s access needs. The Contractor is not responsible for the User not being able to use the integration infrastructure, which is a subject to the Agreement, because of the User not discharging their responsibilities.

    5. The intellectual property of the software subject to the herein agreement and the integration software prepared for the integration to the User’s system, belong to the Contractor. This agreement is not a software transfer agreement or a contract of work, it is bringing the system, which was prepared before and being used by every User, into use for the User too to fulfill the services that are in the scope of the agreement. Even if there is a special solution required by the USER, the service of the software infrastructure usage between the CONTRACTOR and the USER is not a contract of work, and letting special software be used will not give any kind of right to the USER in terms of intellectual property.

    6. The content shared by the User is the property of the User as well as all the responsibility related to the content. The CONTRACTOR has the right to use the Content, on condition of not harming the User, within the scope of the license provided for them by the User in the scope of this agreement. The CONTRACTOR will not be made responsible for the content or the loss or damages that the content may cause, and the CONTRACTOR has no responsibility in terms of Business Law, not limited to those mentioned, such as legality, correctness, performance assessment, being a basis for the payment of premium etc.

    7. The User accepts that they can be subjected to restrictions, such as the number of transactions and events, related to their usage of the Application, and that making an additional payment may be necessary for the restrictions to be removed.

    8. The Contractor, without giving any advance notification, has the right to revise the herein Agreement, its annexes and the notifications on the internet site, and if this right is used, the related change will come into force together with the renewal of the herein Agreement.

    9. If the CONTRACTOR’s activities are stopped temporarily or permanently or the Services cannot be provided at all or properly because of reasons beyond their control or, on condition that it is not limited by the terms mentioned here, because of natural disasters, legal restrictions, general problems that can prevent provision of comprehensive Services in telecommunication and energy infrastructure, troubles in data transfer and connection, the server, database, computer, equipment and hardware being used by USERs not working properly, or security problems caused by their users, the USER will not make any kind of demand of the CONTRACTOR.

    10. The CONTRACTOR undertakes to take the necessary precautions for cyber-attacks to be prevented. The problems caused by the system’s infrastructure connected to third parties and internet outage which can be proved to be caused by DDOS (distributed denial-of-service) in the CONTRACTOR’s internet infrastructure are not the responsibility of the CONTRACTOR. If the errors caused by the User’s software and hardware infrastructure have the potential to harm the CONTRACTOR’s system and the Users’, the CONTRACTOR can stop the service until the problem is solved.

    11. The CONTRACTOR can narrow the scope of the provided services or cease them completely in situations in which there are no rightful reasons for them to act in any other way due to national or international laws or notifications, circulars or principles issued by the competent authorities. The USER agrees, declares and undertakes not to make a recourse claim to the CONTRACTOR for the harm and losses they may incur for these reasons. In the case that the scope of service is narrowed and/or ceased completely in this way, the parties can annul the herein contract.

    12. The USER agrees, declares and undertakes that they accept all the responsibility for legal sanction caused by transactions made with the username and passwords of the people authorized by the User, and that the CONTRACTOR will not accept any kind of responsibility for the transactions made through these people. In the case of the authorization given to the authorized Users being taken back by the USER or any of the personnel using the Platform or services while unauthorized, the User is obliged to inform the CONTRACTOR of this matter immediately. On request, the CONTRACTOR will determine the withdrawal of the authorization of the person on the system and prevent his/her access to the system. Until the USER informs the CONTRACTOR that the authorization of the existing Authorized Users is withdrawn or the authorizations are changed, the existing authorization will remain valid.

    13. During the contract period, the USER can take new Services or additional packages for the same service. For every new Service, the terms of the herein agreement will continue to be applied. New purchases which will be made based on the expired agreement will mean the renewal of this agreement with the same terms.

    14. The USER can take additional Services according to the terms of the herein agreement. If there is a contradiction between the trading terms enclosures, protocols and the herein agreement, the protocol terms signed later will be valid.

    15. The USER agrees, declares and undertakes that only themselves will benefit from the services provided within the herein Agreement and its annexes, that they will not let third parties use the given service, that otherwise all the responsibilities will belong to themselves, and that in the case that such a situation is detected, the CONTRACTOR has the right to cease all the services being provided and/or to annul the agreement, and that the CONTRACTOR has the right to request compensation from the USER for the loss sustained.

    16. If the CONTRACTOR finds it necessary, they have the right to change, improve, make error corrections and upgrade the Software that they provided for the use of the User to new versions. For these transactions, the CONTRACTOR can apply a temporary service interruption to the USER, by informing them beforehand, at the same time as all its users, for technical maintenance and updates.

    17. The USER agrees, declares and undertakes that the CONTRACTOR will have no responsibility for tax penalties imposed on them as a result of the service interruption which the CONTRACTOR can make due to the USER’s non-fulfillment of the payment obligations for the services determined in the commercial terms annexes and those services they receive with their own agreement in the scope of the herein Contract.

    18. The application, software and other content subject to the agreement are provided “as is” and, in this context, the Contractor does not have any responsibility or obligation about the correctness, completeness, and trustworthiness of the Application, software or content. The company does not undertake that the usage of the Application is uninterrupted and faultless.

    19. The CONTRACTOR will not be responsible for any direct, indirect, private or punitive damages occurring as a result of the usage of the software, including loss of profit, loss of goodwill or reputation, or items such as spending made for a replacement product and service provision, but not limited to these. In addition to that, the CONTRACTOR further declares that they do not give any kind of explicit or tacit guarantee, including tacit guarantee, trade suitability or suitability to a particular purpose, but not limited to these.

    20. In all cases, the responsibility of the CONTRACTOR in the scope of the herein agreement will be limited to the amount paid in the scope of the services subject to the herein agreement by the user until the date that the relevant damage was incurred.​

  4. SERVICE CHARGE AND PAYMENT TERMS
     
    1. Changeable prices, payment terms, features, main needs, support, project setting and additional development processes belonging to the software subject to the agreement are determined on the site salesmot.com. The User will only be able to benefit from the Application in return for payment, whole and complete, of the declared charges on the Site, under the terms written on the Site.

    2. For the purpose of testing, the User is able to use the Application without paying any fee, for the length of the trial period determined on the Site. With the ending of the subjected trial period, paid membership, with the features of whichever member packages of Salesmot.com were chosen, will be started. The charges, payment terms and the effective date regarding the Application will be announced in the related sections of salesmot.com. For the duration of the User’s membership period, changes to the prices and payment terms regarding the membership package will be valid from the start of the User’s new membership period. For the duration of the membership period, including the annulment of the contract, in the case that the membership ends for any reason, there be no reimbursement.

    3. Unless otherwise requested by the User by two weeks before the membership expiry date, at the end of every agreement period the membership of the User will be renewed automatically.

    4. The Contractor will transfer the service related invoice to the User’s address provided by them. In the cases of renewal and later payment usage, the User is to pay the amount in the invoice within the two weeks of the invoice date. The User is responsible for the payment of tax and fees regarding the related charges.

    5. The Contractor or third parties who are competent according to legislation are allowed to keep the User’s credit card and payment information in order to realize the transactions regarding membership and payment or bank integration and related updates.

    6. The User gives consent for the information regarding the payment system, their membership and their order to be transferred to iyzico Payment Services Inc. for the purpose that the payment can be realized and so that the prevention, research, and determination of payment irregularities may be delivered, and for the Privacy Policy in https://www.iyzico.com/privacy-policy/ to be carried out and kept in the manner explained in the most updated form by iyzico.

  5. CONFIDENTIALITY
     
    1. The electronic records belonging to the User are confidential information. The Contractor, for the duration of the herein agreement or after the termination of the herein agreement for any reason, and on the condition that the related information is still with them, except in the case of the request of the institutions and organizations authorized by law, cannot share the information with third parties apart from the authorized person, representative, personnel of the User and those with whom the User has given the instruction for the information to be shared.

    2. The parties undertake to take every kind of precaution within their own organizations which will prevent Confidential Information being revealed or spread by their own employees or representatives in a way which violates this agreement’s provisions.

  6. AGREEMENT TIME, RENEWAL, TERMINATION and LATER TRANSACTIONS 
    1. The herein Agreement will enter into force together with the acceptance of it in the electronic environment by the User.

    2. Either one of the parties will be able to terminate the herein Agreement whenever they wish, without providing any reason or paying any compensation, by written notification, which they will make 1 (one) week before, to the electronic mail address provided by the other party.

    3. Because the USER is testing the software within the trial period, in the case of early termination, the amount that they paid will not be refunded.

    4. In the case that the herein Agreement is renewed, the valid service charge fees in the CONTRACTOR’s price lists on the renewal date will be applied.

    5. In the case that the CONTRACTOR and/or the USER do not and/or cannot fulfill their obligations defined in the herein Agreement and its annexes, and thus violate the Agreement, the party whose rights are violated is to give 15 (fifteen) days for the violation to be eliminated, with a written notice to the Party who has violated the agreement. However, if the violation is not eliminated within this period, the Party whose rights are violated can terminate the Agreement ex parte with a justified reason through a written notice of termination to the other Party.

    6. If the USER has benefitted from a special offer during the period they committed to for the Services subjected to the herein Agreement, and if the USER terminates the herein Agreement before its time for any reason, for any Service or Services apart from reasons which occurred because of the CONTRACTOR’s shortcoming and/or the rightful terminating provisions, or if the CONTRACTOR terminates the herein Agreement for any Service or Service based on a rightful reason, a penalty clause will be applied to the User for an amount equivalent to the cost of the discount determined in the commercial annexes of the herein Agreement and applying to the months of provided service in the scope of the undertaking.

    7. The CONTRACTOR ceases to provide the service if the User does not pay the service charge for two months for the services given monthly. In this case, the USER accepts that the CONTRACTOR’s liability according to the herein Agreement will cease. 

  7. OTHER ISSUES
    1. The parties acknowledge and undertake that in every type of disagreement occurring from the carrying out of the herein Agreement, the recorded data in the informatics system subject to the service will be the valid, binding and definite evidence, together with the contents of e-mails, instant messages and other remote communication technologies between the parties, the party’s commercial registers, records, and computer registrations, and that according to the Code of Civil Procedure these documents and records are in the category of a written evidential contract.

    2. All the provisions, except the one with the purpose of rescission, in the scope of the herein Agreement will be considered to be served in accordance with procedure if they are sent to the Party’s given addresses by e-mail and/or certified mail and/or fax, and/or they are delivered by hand.

    3. The herein agreement and the annexes referred to in the agreement are inseparable parts of the agreement.

    4. In the case of the rescission of any of the clauses of the Agreement because of illegality and/or invalidity, the Parties agree to make the possible changes to make it valid and, in the case that this cannot be done, to accept that the other clauses outside this one and not affected by it will be valid. 

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