User Agreement

User Agreement
ARTICLE 1 – PARTIES
This agreement and its annexes (ANNEX-1 Privacy Agreement) have entered into force upon mutual acceptance between "Vass Mühendislik İthalat ve İhracat Limited Şirketi" (hereinafter referred to as "Vass"), located at "Fevzi Çakmak Mahallesi, 10798. Sokak, No:3 Karatay/KONYA", and the User who benefits from Vass mobile and desktop applications (Asansis) under the conditions specified in this agreement.
ARTICLE 2 – DEFINITIONS
2.1. Application: Refers to the mobile and desktop application named Asansis, which operates on all mobile devices and computers, as well as the desktop software and all virtual reality channels through which products and services created in connection with this software are offered. (Hereinafter referred to as the "Application")
2.2. User: Refers to persons who benefit from the services provided by Vass through the Application under the conditions specified in this agreement. (Hereinafter referred to as the "User")
2.3. System Access Tools: Refers to the User's account management page and the information known only to the User, such as username, password, code, or PIN, which provides access to the Application.
2.4. Communication Channels: Refers to communication mediums such as push notifications, e-mail, SMS, MMS, and telephone notifications.
2.5. Message: Refers to messages that Vass will send to Users for purposes such as marketing, research, and information, which Users have permitted Vass to send.
2.6. User Account Management Page: Refers to the User's personal web page through which the User performs transactions related to their membership using system access tools only. (Hereinafter referred to as the "Portal")
ARTICLE 3 – SUBJECT AND SCOPE
3.1. The subject of this agreement is the determination of all products and services currently available and to be offered in the future by Vass 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 also accepts all statements made by Vass regarding usage, membership, and services within the Application and Portal. The User acknowledges, declares, and undertakes to act in accordance with all matters specified in the said statements.
ARTICLE 4 – TERMS OF USE OF THE APPLICATION
4.1. Applications made by minors or by persons not authorized to represent and bind a legal entity on behalf of legal entity members cannot benefit from the rights of the "User" even if the registration procedures are completed. Demands and transactions to the contrary are not the responsibility of Vass.
4.2. Vass may unilaterally terminate this agreement at any time, without any justification, without any notice, and without any obligation to pay compensation, with immediate effect, and may end the User's use of this Application.
ARTICLE 5 – MUTUAL RIGHTS AND OBLIGATIONS
5.1. User Rights and Obligations:
a) The User accepts that while fulfilling user procedures, benefiting from products or services in the Application, and performing any transaction related to products or services in the Application, they will act in accordance with all terms in this agreement, the rules specified on the Vass website, and all applicable legislation, and that they have read, understood, and approved all terms and rules specified in this agreement.
b) The User accepts that, in cases where Vass is obliged to make disclosures to official authorities under applicable legislation, if such information is duly requested by official authorities, Vass shall be authorized to disclose information obtained within the Application regarding Users to official authorities, and no compensation may be claimed for this reason under any name.
c) The User accepts that Vass shall be authorized to disclose the User's commercial information to its business partners with whom Vass has entered into agreements for the purpose of providing the products and services subject to this Agreement, and that the User accepts this matter, and therefore no compensation may be claimed from Vass under any name.
d) The User is obliged to keep confidential the System Access Tools (username, password, code, etc.) used to access the Application. The right to use the System Access Tools belongs exclusively to the User. The User will not disclose this information to third parties. The User is entirely responsible for the consequences of the use of System Access Tools by a third party. Vass is not obliged to identify persons who engage in such improper use. Subject to the above provisions, the User accepts, declares, and undertakes that they are responsible for the use of this information by a third party and its consequences, and that transactions carried out using this information are binding on the User. The User is obliged to inform Vass immediately upon learning that their password has been seized by others.
e) The User accepts and undertakes that the information and content provided by them within the Application is accurate and lawful. Vass is neither obliged nor responsible for investigating the accuracy of information and content submitted to Vass by the User or uploaded, modified, and provided by the User through the Application, nor for guaranteeing that such information and content is safe, accurate, and lawful, and is not responsible for any damage arising from such information and content being incorrect or erroneous.
f) The User accepts, declares, and undertakes that all transactions made from their Portal are carried out exclusively and solely by themselves. The User undertakes that the communication channels they provide to Vass are channels that belong only to them and are under their control only, and that they actively use these communication channels. Otherwise, the User will be liable to compensate Vass for any material and moral damages that Vass may suffer due to the communication channels not belonging to the member or due to non-active use of the Communication Channels.
g) Those who benefit from the products and services offered by Vass may only carry out transactions within the Application for lawful purposes. The legal and criminal responsibility for every transaction and action carried out by the User within the Application belongs to the User. Users accept to comply with the Turkish Penal Code, Turkish Commercial Code, Code of Obligations, Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications, the Law on Intellectual and Artistic Works, decree laws and legal regulations on the Protection of Trademarks, Patents, Utility Models, Industrial Design Rights, all currently applicable legislation provisions, and notifications that Vass will publish regarding the Application.
h) The User accepts that this application belongs to Vass and is operated by Vass. The content of this application is protected under Intellectual and Industrial property rights. The User accepts and undertakes not to reproduce, copy, distribute, or process images, texts, visual and audio images, video clips, files, databases, catalogs, and lists within the Application that would infringe on the rights of Vass and/or another third party.
i) Vass is not responsible for content published in the Application and on websites linked from the Application by third parties, including the User. The accuracy and legality of information, content, visual and audio images provided and published by any third party is entirely the responsibility of the persons performing these actions. Vass does not guarantee or warrant the security, accuracy, and legality of services and content provided by third parties.
j) The User and Vass are independent parties. The approval and implementation of this Agreement by the Parties does not result in a partnership, agency, or employer-employee relationship between them.
k) The User accepts, declares, and undertakes that the reference messages they will send to third parties under this Agreement will not contain elements contrary to law and morality. The User accepts, declares, and undertakes that they will not engage in communication with such intensity that may be considered unwanted electronic mail communication by third parties through the electronic mails they will send. The User accepts, declares, and undertakes that the responsibility for all communications made contrary to this article belongs to them, that in the event a lawsuit or claim is directed against Vass arising from these communications for any reason; this lawsuit and claim may be notified to them by Vass, that they will immediately provide all information and content required for Vass to make a defense to ensure that the legal periods necessary for defense are not missed, and that in the event Vass suffers any damage as a result of the said lawsuit and claim, the said damage may be recourse to them by Vass, without prejudice to compensation rights. In the event the User acts contrary to this article, Vass reserves the right to unilaterally terminate this Agreement without any notice, without any refund, to suspend or cancel the membership.
l) The User accepts, declares, and undertakes that Vass may communicate with them via electronic communication tools and may make informational announcements such as campaigns and promotions.
m) After filling out the relevant forms, the User declares and undertakes that they have the capacity to be a User under this Agreement after approving the article "I have read, negotiated and accept the terms of the User Agreement". Otherwise, if this matter is detected by Vass, the User's agreement is terminated immediately.
5.2. Rights and Obligations of Vass:
a) Vass reserves the right to unilaterally change the products, services, and content offered in the Application at any time, and to close to third parties, including the User, the information and content uploaded by the User to the system, and to delete them. Vass may exercise this right without any notice and without giving prior notice. If the change and/or correction requests requested by Vass from the User are not fulfilled within the specified period, Vass shall not be liable for damages incurred and may incur, and shall have the right to freeze or terminate the User's right to use the Application.
b) For reference convenience or various reasons, links to a number of websites or content not under Vass's control may be provided within the Application. These links are not supportive of the said website or content owner, nor do they constitute any statement or warranty regarding the information contained in the website or content. Vass makes no recommendations or advice and provides no trust, statement, or warranty to the user regarding the content of third-party websites, including but not limited to: that they are legal, accurate, reliable, appropriate, and suitable; that the information, data, software, products, or services used in their content are of a commercial quality; that the operation and administration of the website will be error-free and uninterrupted; that defects, faults, and malfunctions will be corrected; and that the website is free from harmful elements and viruses. Vass has no responsibility for the portals, websites, files, and content accessed through links on the Application, the services or products offered from these portals or websites accessed through these links, or their content.
c) Vass may use the User information in the Application in any way it wishes, outside of the Services, for User security, fulfilling its own obligations, certain statistical evaluations and internal audits, or as demographic information for advertising and/or promotion, and may classify and store them on a database.
d) Vass reserves the right to change, reorganize, and stop the Application, all kinds of services, products, conditions of use of the Application, and the information offered in the Application, without prior notice. Changes take effect upon publication on the Application. Users are deemed to have accepted these changes by using or entering the Application. Changes are announced to Users through the medium determined by Vass.
e) Vass does not provide any guarantee that the services it provides within the Application will be continuously active and accessible. Vass especially accepts no responsibility regarding judicial and other authorized official authority decisions and practices, force majeure, situations caused by third parties, disruptions and delays caused by Internet connection service providers and similar external factors, misuse, technical faults and other disruptions that may originate from Vass, disruptions resulting from repair works or other redirections.
f) Vass may restrict or stop access to the service when necessary, in case the operational security of the network is at risk, for the continuity of access to the network, to prevent faults that may occur in the network, software, or registered files, to prevent or reduce the impact of possible disruptions, and in other situations deemed necessary.
ARTICLE 6 – SERVICES
Vass will provide Users with services such as viewing balances, examining account movements, examining products, viewing, editing, and reporting company data and elevator work data, and communicating through the Application. Vass reserves the right to make changes in the content of the services it offers at any time.
ARTICLE 7 – PRIVACY
Vass may use information about Users outside the scope of this Agreement under the "Privacy Agreement" included in ANNEX-1 of this Agreement, which is an integral part of the User Agreement. Vass may disclose or use confidential information belonging to Users to third parties outside the scope of this Agreement, but only under the conditions specified in the "Privacy Agreement".
ARTICLE 8 – APPLICABLE LAW AND COMPETENT COURT
Turkish Law shall apply to the implementation and interpretation of this Agreement. Konya Central Courts and Enforcement Offices have jurisdiction in the resolution of any 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, images, logo, icon, demonstrative, written, electronic, graphic or machine-readable technical data, Vass brand, business method and business model applied, software code, and other codes) belong to Vass and/or are used under copyright obtained from a third party by Vass. All these elements belonging to Vass that are protected under Intellectual and Industrial property rights cannot be modified, copied, reproduced, translated into another language, republished, resold, shared, distributed, displayed, used outside the scope of the User Agreement, or works derived from them cannot be made or prepared without prior permission and without showing the source. In case of action to the contrary, the responsible person/persons shall be liable to cover the damage suffered by Vass and/or the amount of compensation requested from Vass for damages suffered by third parties, including licensors, including court costs and attorney fees.
ARTICLE 10 – AGREEMENT CHANGES
Vass may, entirely at its own discretion and unilaterally, change this User Agreement or any provision and annexes thereof at any time it deems appropriate, by announcing it on the Application. The changed provisions of this User Agreement shall become effective on the date they are announced or, if a validity date is specified in advance, on the validity date; the remaining provisions shall remain in force and continue to produce their provisions and consequences. This User Agreement cannot be changed by unilateral declarations of members.
ARTICLE 11 – FORCE MAJEURE
11.1. The term force majeure shall be interpreted as events that develop outside the reasonable control of Vass and cannot be avoided despite Vass taking due care, including but not limited to natural disaster, riot, war, strike, and attacks on the Application, Portal, and system despite Vass taking necessary information security measures.
11.2. In all cases considered force majeure, the Parties are not liable for late or incomplete performance or non-performance of any of their 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 kept by Vass in its own database and servers shall constitute valid, binding, definitive, and exclusive evidence, and that this article is in the nature of an evidence agreement within the meaning of Article 193 of the Civil Procedure Code (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 provisions and consequences between the parties.
ARTICLE 14 – NOTIFICATION ADDRESSES
14.1. The e-mail address that Users notify to Vass is accepted as the e-mail at which the legal address will be requested for all notifications to be made regarding this agreement.
14.2. The parties accept that unless they update changes in their current e-mails through the system, requests made to old e-mails will be valid and deemed to have been made to them.
ARTICLE 15 – ENTRY INTO FORCE
15.1. The User declares, accepts, and undertakes that they have read, understood, and accepted all of the articles contained in this agreement, and that they confirm the accuracy of the information they have provided about themselves.
15.2. This Agreement, upon electronic approval of the User's membership request, has entered into force by mutual acceptance and will be applied together with its annexes. In case of conflict between the annexes and the provisions of this Agreement, the provisions of this Agreement shall prevail.
15.3. This Agreement consists of 15 (fifteen) articles and 1 (one) Annex Agreement, and has been established by the free will of the parties as a result of the User approving the User Agreement on the site. Annex agreements are an integral part of this Agreement.

ANNEX – PRIVACY AGREEMENT
1. Vass considers personal information and data security important and takes care to take all necessary measures in this regard. Users also accept, declare, and undertake to comply with the provisions of this privacy agreement by using the Application.
2. This Privacy Agreement shall be valid in all sections of the Application.
3. Protecting the information of Users and maintaining confidentiality is Vass's first priority. For this reason, the information provided by Users will not be used in any scope other than the rules and purposes specified in the agreement, and will not be shared with third parties. By accepting this agreement, the User accepts and declares that Vass may engage in the above-mentioned communication activities directed at them, unless there is a written notification to the contrary.
4. Vass may access the information shared by the User within the scope of the Application. Vass undertakes to share this information only with its affiliates for the use of the Application. The User also accepts that this information will be used to communicate with them for the purpose of the Application. Vass will absolutely not share, sell, or under any circumstances allow the use of personal data and information transmitted to it with third parties for purposes other than those described above regarding the collection of information.
5. In order to identify problems with the system in the Application and urgently resolve potential problems that may arise in the Application, Vass may, when necessary, record the IP address of Users and the information registered in their social network user accounts, and may use these records for the mentioned purposes. These IP addresses may be used by Vass to generally identify its users and visitors and to collect comprehensive demographic data.
6. Information obtained within the scope of the Application cannot be used by Vass and other persons and institutions with which it cooperates, without revealing the identity of the User in any way, only in cases such as various statistical evaluations, permission-based marketing, database creation efforts, and market research.
7. Vass shall respond as soon as possible to the request emails sent to it regarding the permanent deletion of User data and shall permanently delete the data.
8. Vass may disclose information about users to third parties, going outside the provisions of this privacy notice, in the following cases. These situations are:

Cases where compliance with the obligations imposed by legal rules is required,
Cases related to the fulfillment of the requirements of contracts between Vass and its Users and their implementation,
Cases where information about Users is requested in line with an investigation or inquiry conducted in accordance with proper procedural methods by competent administrative and/or judicial authorities,
Cases where it is necessary to provide information to protect the rights or security of Users.

9. Vass undertakes to keep the confidential information given to it strictly private and confidential, to keep it as a secret, and to take all necessary measures and exercise full due care to prevent all or any part of the confidential information from entering the public domain, unauthorized use, or disclosure to a third party, in order to ensure and maintain confidentiality.
10. Information that may be requested from Users who respond to periodic or non-periodic surveys that may be organized within the Applications by Vass shall not be used by Vass and persons or institutions in cooperation with it for the purpose of direct marketing, statistical analyses, and creating a special database to these users.
11. Continuous location information accessible by Vass will be used only for the functionality of the application and will absolutely not be shared with any institution, organization, or third-party persons.
12. Private files accessible by Vass will be used only for the functionality of the application and will absolutely not be shared with any institution, organization, or third-party persons.
13. Vass may change the provisions in this privacy notice at any time it deems necessary, provided that they are published on the Application. The provisions of the privacy notice changed by Vass are deemed to have entered into force on the date they are published on the Application.
14. In the event that the User notifies Vass via email to permanently delete their personal data from the system, Vass will permanently delete all data within 15 days.
15. This Privacy Agreement consists of 15 (fifteen) articles and is an integral part of the Mobile and Desktop Application User Agreement.