This Platform Usage Agreement (“Agreement”) Ömer Avni Mahallesi, İnönü Caddesi, No:14, Akar Palas Apt. Limon Istanbul Yazilim Teknoloji Sistemleri Ltd. Sti. (“Weeyn”) and the customer (“User”) who will use the Weeyn e-Commerce Infrastructure within the scope of this Agreement. Within the scope of the Agreement, Weeyn and the User will be referred to as the "Party" separately and together as the "Parties".
Services: All of the products, services, features and modules offered on or through the Platform by Weeyn or a Third Party Service Provider, including e-Commerce Infrastructure and Third Party Services.
Weeyn e-Commerce Infrastructure: It is the infrastructure whose features and modules are declared on Weeyn.com or the Platform, which can be provided by Weeyn for free or under paid license types for the User to manage the e-commerce site and operations.
Payment Infrastructure: Each and all of the payment methods offered by third-party financial institutions that can be integrated into the Weeyn e-Commerce Infrastructure. The terms and conditions regarding the use of each Payment Infrastructure are an annex and an integral part of this Agreement.
Platform: The platform operated by Weeyn on which the Services are offered.
Third Party Services: All products, services and applications, including Payment Infrastructure, offered through or integrated with the Platform by third parties other than Weeyn.
Third Party Service Provider: Service providers providing Third Party Services and Weeyn do not have a direct agreement, but they do not have APIs etc. on their platforms. marketplace, etc., where Weeyn can access and make these integrations available to the User. are other third parties.
4. Rights and Obligations
4.1. By creating an account on the Platform, the user will be able to benefit from the free features of the Weeyn e-Commerce Infrastructure and without paying, provided that it meets the necessary conditions. The User agrees to submit to Weeyn the information and documents that may be requested by Weeyn in a complete, accurate and up-to-date manner in order to benefit from the Platform and all other Services.
4.2. The User will immediately update the information in case of any changes in the information provided to Weeyn when opening a Platform account. Weeyn is not responsible for the inability to use the Platform or the Services due to incomplete, incorrect or outdated information.
4.3. The User will be able to benefit from the paid Services offered on the Platform by paying the subscription fees determined by Weeyn. Weeyn is free to determine paid and free Services at its own discretion, and reserves the right to unilaterally offer paid Services free of charge and free Services for a fee at any time.
4.4. The User may define authorized persons (“Authorized User”) to use the Platform. Who the Authorized User will be and the level of authorization within the Platform will be determined by the User. The User is solely responsible for all transactions performed by the Authorized Users on the Platform and cannot make any claims or demands that the Authorized User is not aware of their transactions or is not authorized to perform such transactions. The User shall ensure that Authorized Users act in accordance with this Agreement and other rules and conditions determined by Weeyn, inform the Authorized Users about the trainings, information and guidance provided by Weeyn regarding the use of the Platform, and provide the necessary information within this scope to the Authorized Users. accepts, declares and undertakes that he/she is responsible for the violations of the Authorized Users together with the Authorized User.
4.5. The user is responsible for the use and management of all information that allows the use of the Platform, ensuring the confidentiality and security of the passwords used, ensuring that the Platform is used by authorized persons, that he or third parties are responsible for the use, loss or change of hands by an unauthorized person. accepts that it is solely responsible for the damages incurred and that Weeyn cannot be held responsible for the damages that occur in this case, except for those caused by Weeyn's fault .
4.6. Weeyn only provides the Platform and has no responsibility for the information and documents created and/or shared through the Platform. The User accepts and undertakes that the records created by him on the Platform and their information and content are correct and legal, and that their records and contents will not cause any violation of rights. Ensuring that the content created through the platform and other processes related to them comply with the relevant legislation, printing and backing up them, storing them in electronic or physical media and any responsibility that may arise in connection with these belongs exclusively to the User. Due to the use of the Platform and the Services in violation of this Agreement and the relevant legislation, the User's ability to benefit from the entire Platform or certain Services may be partially or completely suspended. Weeyn will be able to delete the information and content stored on the Platform by the User from the Platform and its systems, primarily due to the requirements arising from the legislation. Weeyn cannot be held responsible for any damages that may occur in this context, including lost data. The user is obliged to keep copies of all information and content stored on the Platform. While Weeyn complies with the necessary policies, legal obligations and procedures to prevent data loss, it does not guarantee that content and information will not be lost.
4.7. User's use of the Platform and Services may be subject to restrictions to be determined by Weeyn, including monthly transaction and storage volumes, that there is no commitment to permanent access to the transaction history related to integration with third party platforms and inter-database transactions, access to these is limited to the limits set by Weeyn and agrees to be subject to deadlines.
4.8. Without being limited to the above, the User is responsible for the quality, absence of defects, compliance with legislation, invoicing and conclusion of necessary contracts with customers and/or services provided to their customers by using the infrastructure and features offered on the Platform and the Services or whose operations they manage through the Platform in any way. He declares and undertakes that he is personally and exclusively responsible for the delivery of other necessary documents, the required after-sales service and after-sales services, the on-time delivery of the products, their use, and the payments and returns related to them.
4.9. Third Party Services will be offered through the Platform and integration with platforms belonging to Third Party Service Providers will be provided. The User states that Weeyn has no responsibility for the Third Party Services offered directly through the Platform or integrated with the Platform, and the third-party service providers' products, products, services and applications, that the addressee is the Third Party Service Provider and they are the Third Party Service Providers. The party accepts, declares and undertakes to use it in accordance with the rules and conditions determined by the Service Providers.
4.10. In case of technical problems with the Platform, the User will make reasonable efforts to identify and diagnose the problem before contacting Weeyn. If the User's need for technical support continues, he will notify Weeyn with the necessary information about the problem. In this context, the user should send the relevant product name, screenshots and detailed description of the problem to Weeyn so that the problem report can be processed. Weeyn will make every effort to provide support after the issue has been reported to him as specified. Weeyn's obligation to provide support under this clause applies directly to the Services provided by Weeyn, and Weeyn has no obligation to intervene or resolve any Third Party Service Providers' products and services.
4.11. Weeyn does not allow changes to the Platform, new versions, releases, extended forms, etc. of the Platform without prior notice. reserves the right to remove or remove the Service, modules and features on the Platform.
4.12. The User shall comply with this Agreement, its annexes, the Platform modules and features, and the explanations and rules on the Platform for Services, other conditions to be determined by Weeyn regarding the use of the Platform and Services, and the law and honesty principles in all transactions related to the Platform and Services. undertakes to comply. Weeyn cannot be held responsible in any way, directly and/or indirectly, for the damages that the User and third parties may incur as a result of the User's activities on the Platform and/or actions contrary to this Agreement and the relevant legislation. Any request from third parties to Weeyn in this context will be directed to the User and all indirect and direct damages of Weeyn arising from the actions of the User will be recourse to the User to be paid at the first request.
5. Fees and Payment Terms
5.1. The User will be able to benefit from the paid Services offered on the Platform in return for paying the fees declared on the Platform for each Service in full and in full with the payment terms and means declared on the Platform.
5.2. Fees for Paid Services, payment terms, effective dates of fees will be announced in the relevant sections of the Platform. Weeyn reserves the right to change the fees at any time . Changes to be made in the fee and payment terms of the Service packages during the User's membership period will not be applied until the end of the User's package period, and the new fees and payment conditions will be valid at the start of the new package period.
5.3. If the renewed package fees cannot be collected within 3 (three) days following the start of the new period, Weeyn may suspend the use of the relevant Service.
5.4. If the User notifies Weeyn that he has withdrawn from using the relevant Service within the first 14 (fourteen) days following the purchase of a paid Service package, the portion of the fee paid by the User for that Service for the period after the end of the Service. It will be returned to the User. If no advance payment has been made, the User will only be liable to pay the amount corresponding to the period from the purchase of the Service to the end of the Service. Except for the cases specified in this article, the user cannot return the package purchased for any reason.
5.5. The subscription packages purchased by the User will be automatically renewed at the end of each period, unless otherwise requested before the end of the relevant Service package.
6. Intellectual Property Rights
6.1. All financial, moral and commercial rights of the Platform, including all images, designs, graphics and content provided by Weeyn, belong to Weeyn. Weeyn grants the User a non-exclusive, non-transferable and non-sublicensable right of use on the Platform limited to the term of the Agreement.
6.2. The User will not be able to use the Platform and the Services beyond the scope specified in this Agreement. User 5.1. It cannot lend the right given to it in the article, cannot offer it to the benefit of third parties in any way, such as renting, with or without charge, and cannot make it available. In this context, it is strictly forbidden to copy, reproduce and/or use, distribute and process the information, content and software used by Weeyn within the scope of the Platform beyond the benefit specified under this Agreement.
6.3. The User's actions that may threaten the security of the Platform or Weeyn systems and/or harm the Platform, Weeyn and other users, take any action that may prevent the Platform and other software belonging to the Platform from working or other users from benefiting from the Platform, such results disproportionate load on the system or Platform ; Unauthorized access to the Platform's source codes or Weeyn's systems, copying, deleting, modifying or attempting to do so; It is strictly forbidden to use, try to use software that will prevent the Platform from working, or to disrupt, disrupt, reverse engineer, organize attacks, engage or otherwise interfere with the operation of any software, hardware and servers, or attempt to access Weeyn servers. The User agrees that he will not compete with Weeyn, the Platform, with the above-mentioned methods or otherwise, and will not support third parties acting for this purpose.
7. Limitation of Liability
7.1. While Weeyn aims to make use of the Platform and the Services uninterrupted, it provides the Platform and the Services provided by Weeyn "as is" and does not make any direct or indirect guarantees regarding the operability and accessibility of the systems that make use of the Platform. Use of the Platform and the Services may be prevented, restricted or interrupted from time to time due to user, maintenance, repair, update, service quality of internet service providers or other reasons arising from third parties' systems, Weeyn is in no way responsible for such blocking, restriction or interruptions. accepts that the access to the Platform and the Services and its quality are largely based on the quality of the service provided by the relevant internet service provider, and Weeyn has no responsibility for the problems arising from the said service quality.
7.2. To the extent permitted by the applicable law, Weeyn shall not be liable for any direct or indirect damages, loss of profit, loss of data, loss of profit, loss of data, etc. arising from the User's use or misuse of the Platform and Services, failure to fulfill its commitments and obligations specified in the Agreement, or transactions on the Platform. from all kinds of material, moral and financial damages such as loss of business, loss of business, loss of reputation, loss of expected savings, interruption of business, compensation claims that may be made by a third party, all hardware, system software / other software and network-related functions and malfunctions that may arise due to this reason. , network, internet connection, connection errors, any changes, updates and similar works on the Platform, voltage fluctuations, battery and power cuts, virus infection and similar environmental factors are not responsible for damages.
7.3. The User, including but not limited to those listed, ensures that the records created on the Platform, their contents and all processes managed through the Platform comply with the relevant legislation, fulfill the obligations stipulated in the legislation to which it is subject, and that the Third Party Services used in integration with the Platform or in other ways, is solely responsible for complying with its terms and agreements. The User agrees to hold Weeyn free from any claims and demands (including litigation costs and attorney fees) that may be communicated by third parties regarding the products, services and content, intellectual property violations and the use of the Platform, which he manages through the Platform.
7.4. The User acknowledges that links and/or integration may be provided through the Platform to other media or content that are not under the control of Weeyn, and that this does not constitute a statement or guarantee of any kind for the purpose of supporting the channels to which the links are directed or integrated, or for the channels and the information they contain. acknowledges and declares that Weeyn has no responsibility for the media and content, services or products accessed through links or integration, or their content.
7.5. Weeyn shall not be liable for any direct, indirect, special, incidental or punitive damages resulting from the use of the Platform, including but not limited to loss of profits, loss of goodwill and reputation, to the extent permitted by applicable law. Weeyn makes no warranties of any kind, express or implied, regarding commercial fitness, fitness for a particular purpose or use, or non-infringement under this Agreement. The liability of Weeyn for any damages that may arise before the User under this Agreement shall in any case be limited to the payments made to Weeyn by the User within the last 1 (one) year.
8. Term and Termination
8.1. This Agreement will enter into force on the date it is approved by the User in electronic form and will remain in effect unless terminated by one of the methods specified in this Article 8.
8.2. Weeyn or the User may terminate this Agreement without cause and compensation, provided that 14 (fourteen) days' notice is given. If the User violates its essential obligations in this Agreement and its annexes, if the User violates the applicable legislation, or if the User's activities pose a risk in terms of legal, technical and information security, Weeyn may, at its sole discretion, restrict the User's use of the Platform and/or or temporarily or permanently, or terminate this Agreement immediately and without compensation.
8.3. Termination of the Agreement will not remove the rights and obligations of the Parties that have arisen until 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 the Platform as of the termination date. The User agrees that the advance payments made before the termination date will not be refunded, regardless of the reason why the Agreement is terminated or suspended.
8.4. Provided that the User account is blocked for legal reasons, in case of termination of the Agreement, Weeyn will provide read-only access to the User's content on the Platform for 1 (one) month.
8.5. Within (one) month following the end of the User's membership period or this Agreement, the User will be able to receive the User's content on the Platform free of charge. Weeyn will be able to charge fees for such requests submitted after the expiry of this period.
9. Miscellaneous Provisions
9.1. Changes: Weeyn has the right to change the Agreement by notifying the User. At Weeyn's discretion, notification of changes to the Agreement to the User by e-mail or via the Platform, or warnings displayed after the User logs in to the Platform with his information and password will constitute a valid notification. The method in question is valid for the changes to be made in the text of this Agreement and Weeyn may change the rules specific to the Services, modules and features in the Platform and other conditions published on the Platform without any notice. Changes are deemed to have entered into force as of the date of their publication. If the user does not accept the changes, he will be able to terminate the Agreement with the methods specified in article 8.
9.2.Transfer: The User cannot transfer this Agreement, his Platform account, and his rights and obligations within this scope to any third party under any circumstances. Weeyn may transfer the Agreement, its ownership of the Platform and its rights and obligations in this context to third parties.
9.3. Severability: The invalidity, illegality and unenforceability of any provision of this Agreement or any statement contained in the Agreement will not affect the force and validity of the remaining provisions of the Agreement. The Parties agree to interpret and implement the remaining provisions of the Agreement in the most appropriate and closest way to achieve the purpose of the sections deemed invalid.
9.4. Notifications: The user can be contacted via the e-mail and phone information he provided when creating an account on the Platform, or by informing from the membership account on the Platform, and the notifications made in this way will be considered valid. The User agrees to provide accurate and complete contact information and to immediately notify Weeyn of updated information in case of any change. Since the notifications sent to the User's contact information will be binding, it is the User's obligation to regularly check the communication channels.
9.5. Evidence: The Parties agree that the electronic and system records, commercial records, book records, microfilm, microfiche, e-mail correspondence and computer records kept by the Parties in their databases in disputes that may arise from this Agreement shall constitute reliable, binding, conclusive and exclusive evidence, and accepts, declares and undertakes that this article is in the nature of an evidence contract within the meaning of Article 193 of the Code of Civil Procedure.
9.6.Previous Agreements: This Agreement regulates the entire relationship between the Parties regarding the use of the Platform, and with the conclusion of this Agreement, all previous agreements concluded by the Parties on the same subject will be terminated.
9.7. Applicable Law and Dispute Resolution: This Agreement is subject to Turkish Law and Istanbul Courts and Enforcement Offices will be authorized for disputes arising from the Agreement.