This Service Agreement and Terms of Use (“AGREEMENT”) regulates the terms and conditions regarding providing usage rights of the Cloud Application of Automation and Resource Management Software in Legal Services (“APPLICATION”) named GÜNCE.
This AGREEMENT may need to be updated from time to time for any reason, including technical innovations and amendments in legal regulations. Said updates are included in this AGREEMENT and will be interpreted together with this AGREEMENT. For this reason, you will always have the opportunity to access the most up-to-date version of the Agreement at www.gunce.com . In any case, Users shall be duly informed about the changes and their approval will be received for changes and updates that include matters subject to approval. If change notifications are not approved by the User, termination of use of the APPLICATION and cancellation of the APPLICATION may occur in accordance with the provisions of this AGREEMENT, and termination will occur in accordance with the cancellation process set out in the AGREEMENT.
The AGREEMENT shall become effective upon acceptance by the User electronically; it shall remain effective for the period selected by the USER unless terminated by the parties in accordance with the conditions and procedures specified in the AGREEMENT.
If you are using the APPLICATION by accepting the AGREEMENT on behalf of an organization, company or other legal entity, you are deemed to have accepted, declared and undertaken that you have full authority to act on behalf of the said institution and that the terms and conditions specified in this AGREEMENT shall be binding for the said institution.
The terms and conditions set out in this AGREEMENT apply to all USERS. Before accepting the AGREEMENT and starting to use the APPLICATION, be sure to read the usage instructions and all other information at www.gunce.com and make sure that you meet the necessary conditions. If you have any questions about the APPLICATION and the AGREEMENT, please contact GÜNCEPRO from the contact section on www.gunce.com If you believe that you will not be able to fulfill the obligations or meet the conditions projected in the AGREEMENT, do not accept the AGREEMENT and do not use the APPLICATION.
The use of the APPLICATION is free of charge for the first 14 (fourteen) days of the trial period after opening a trial account upon acceptance of the AGREEMENT. After the expiration of the first 14 (fourteen) day trial period, the APPLICATION is subject to a fee in accordance with the selected service package. By selecting the appropriate service package for you and completing the payment process through the website, you can create a USER ACCOUNT and use the APPLICATION within the scope of your package and choice.
There are sections of the AGREEMENT that will be applied specifically to Consumer USERS within the scope of the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, but Consumers are always subject to other regulations in any case to the extent that they comply with them. All provisions of this AGREEMENT except the provisions of the Turkish Code of Obligations and the Turkish Commercial Code and the special regulations of this AGREEMENT for USERS who are consumers will apply to USERS who are not considered consumers.
This AGREEMENT is executed between (i) GÜNCEPRO YAZILIM TEKNOLOJİLERİ TİCARET A.Ş. (“GÜNCEPRO”) located at the address Kore Şehitleri Cad. No: 32 Daire: 7 Zincirlikuyu 34394 İstanbul and (ii) the user (“USER”) who accepts the terms of the Agreement to use the APPLICATION accessed through the SITE or MOBILE APPLICATION and is registered as USER.
In the AGREEMENT, GÜNCEPRO and USER are hereinafter referred to as “PARTY” individually and “PARTIES” together.
2. DEFINITIONS
SUB-ACCOUNT:: Within the scope of the special membership opened to the USER, it means the sub-memberships allocated through the ACCOUNT to the people whom the USER works with or employs in the same institution, organization or company.
CLOUD: Refers to the cloud server installed in the DATA CENTER.
GÜNCE: Refers to the integrated software on Automation and Resource Management in Legal Services developed by GÜN DANIŞMANLIK HİZMETLERİ DANIŞMANLIK LTD. ŞTİ. and granted an exclusive license to GÜNCREPRO for the provision of services subject to this AGREEMENT.
ACCOUNT: Refers to a special membership that is opened for the USER for the use of the APPLICATION.
SERVICE PACKAGE: Refers to the service packages that are differentiated according to the types and scope of services offered within the scope of the APPLICATION and are currently specified at www.gunce.com
CONTENT: Refers to the data uploaded to the APPLICATION by the USER.
USER: Refers to a natural person, institution or organization that registers as a user on the Website to benefit from the APPLICATION and/or uses it by logging in. Persons to whom SUB-ACCOUNTS are allocated will also be referred to as USERS within the scope of this AGREEMENT.
MOBILE APPLICATION: Refers to the mobile application through which the USER can access the APPLICATION.
SITE: Refers to the website where the USER can access the APPLICATION.
COMPANY: Refers to the institution where one or more lawyers who have a partnership and/or employment relationship work together under the same name, or the institutions and other commercial companies that employ one or more lawyers within their body.
CONSUMER: Refers to a natural or legal person acting for commercial or non-professional purposes.
DATA CENTER: Refers to the independent third-party data center located in Turkey from which GÜNCEPRO receives cloud server service to store the CONTENT uploaded by the USER on the APPLICATION.
APPLICATION: Refers to the Cloud Application of the Automation and Resource Management Software in Legal Services named GÜNCE and all the services provided by the application.
This AGREEMENT is executed by GÜNCEPRO to determine the services to be provided to USERS through the CLOUD-based APPLICATION accessed via GÜNCEPRO’s SITE and/or MOBILE APPLICATION and to benefit from the APPLICATION and determine the conditions regarding the CONTENT uploaded by the USER and the rights and obligations of the PARTIES.
Regulations such as terms of use offered/to be presented to the USER by GÜNCEPRO regarding the use of the APPLICATION on
www.gunce.com are also an integral part of this AGREEMENT and constitutes all of the rights and obligations of the PARTIES together with the rights and obligations contained herein.
4.1. The SERVICE PACKAGES offered within the scope of the APPLICATION and the current list of services included in these packages are available at www.gunce.com and the service types under this list may be changed from time to time, at the discretion of GÜNCEPRO, within the scope of USERS’ comments and feedback, and GÜNCEPRO may also add new ones to these services from time to time and make changes and/or updates to existing services. GÜNCEPRO may provide updates from time to time to ensure the security of the APPLICATION, to reflect a change in the functions of the systems, to eliminate errors or to adapt the APPLICATION to technical development and is obliged to make timely updates to the USER APPLICATION if necessary. GÜNCEPRO is not responsible for any disruptions that may arise from the USER not updating the APPLICATION on time.
4.2. When the USER checks the “I have read and accept the Service Agreement” item on the SITE and clicks on the “CONTINUE” option and the declaration of acceptance is recorded in GÜNCEPRO records, the terms of the AGREEMENT are deemed to have been accepted and the AGREEMENT becomes effective. With this declaration, the USER accepts, declares and undertakes to be bound by all provisions of this AGREEMENT and to comply with these provisions and to be bound by this AGREEMENT.
4.3. Acceptance of this AGREEMENT on behalf of a legal entity indicates that the relevant person is authorized to perform this transaction. GÜNCEPRO may request documents showing the signing authority of the relevant person at any time. In case this AGREEMENT is accepted by an unauthorized person, the responsibility for the legal sanctions specified in this AGREEMENT shall be on the person who has made an unauthorized transaction.
4.4. The USER accepts, declares and undertakes to use GÜNCE in accordance with all applicable national and international legislation and rules and laws regarding internet use.
4.5. The APPLICATION is free of charge for the first 14 (fourteen) day trial period following the acceptance of the AGREEMENT, and a special trial account will be opened for the USER on the APPLICATION for the use of the APPLICATION. At the end of the free usage period or following the USER’s satisfaction during this period, the USER can open a USER ACCOUNT for themselves by choosing one of the SERVICE PACKAGES on the Site and making the payment and continue to use the APPLICATION within the package by opening SUB-ACCOUNTS if they choose.
4.6. If no SERVICE PACKAGE selection is made at the end of the first 14 (four) day trial period, the cancelling procedures set out in article 13 of this Agreement shall be carried out for the USER to cancel the APPLICATION. Once the cancellation procedure is completed, the allocated ACCOUNT shall be cancelled.
4.7. Except for the use of INDIVIDUAL PACKAGE defined within the scope of this AGREEMENT and at www.gunce.com the ACCOUNT opened is an account opened for the COMPANY and if the appropriate package is preferred, SUB-ACCOUNTS can be opened for other employees working in the same COMPANY under the USER ACCOUNT upon payment of the relevant package fee. The GÜNCE username and password used by the USER are specific to each USER and they have the opportunity to create only one (1) ACCOUNT with this GÜNCE username and password. It is not possible to register two different USERS with the same GÜNCE username and password.
4.8. The USER shall use GÜNCE with the password they determine and is obliged to keep it securely. If the USER wishes to change their password, they can change it at any time, with the selection, change and protection of the password being under the sole responsibility of the USER. It is the USER’s responsibility to open a SUB-ACCOUNT and to use the passwords of these SUB-ACCOUNTs securely. In case the USER shares his/her password, loses his/her password or his/her password is learned by third parties, unless they immediately report the issue to GÜNCEPRO and provide a new password, they accept, declare and undertake that they will be responsible both towards GÜNCEPRO and third parties for the transactions made with their password, and that GÜNCEPRO will not have any liability in this case,
4.9. The USER will be able to access the APPLICATION services they are involved in via the WEBSITE and/or MOBILE APPLICATION reported by GÜNCEPRO. GÜNCEPRO reserves the right to change the rights granted to the USER within the membership regarding the use of the APPLICATION.
4.10. The USER cannot upload, access, or perform transactions or interventions beyond the limits permitted by GÜNCE, in any way that may damage or prevent access to the sites, goods or services, APPLICATION, data of GÜNCEPRO or its content, media or platform suppliers, prevent the use of GÜNCE software or damage GÜNCE. The user cannot use GÜNCE in this way or in a way that prevents third parties from benefiting from GÜNCEPRO services. The USER may not transfer, rent, offer or sell the right recognized by this AGREEMENT to third parties in any way, even free of charge, without the written permission of GÜNCEPRO, except for SUB-ACCOUNTS. Using GÜNCE and opening SUB-ACCOUNTS is always subject to the terms of this AGREEMENT.
4.11. In order to benefit from GÜNCE services, the USER accepts, declares and undertakes to open a USER account by filling out the registration form completely and accurately and to log in to GÜNCE’s system by entering the GÜNCE username and password. In order for the APPLICATION to work optimally and produce results, the USER must enter the data into the APPLICATION completely, accurately and without errors. If a USER deliberately declares false or incomplete information in any way, GÜNCEPRO reserves the right to stop the APPLICATION it provides to this USER until the USER provides their true information in full. In addition, if there are signs of unauthorized use of the USER ACCOUNT and/or unauthorized access to the APPLICATION FROM THE USER ACCOUNT or attempted access, GÜNCEPRO may block the ACCOUNT. In such a case, GÜNCEPRO shall immediately notify the USER via the e-mail address contained in the USER ACCOUNT information, and the system shall grant re-access to the USER ACCOUNT unless there is information regarding the assumption that the USER is trying to gain unauthorized access to GÜNCEPRO’s systems.
4.12. If there is any change in the information provided by the USER to benefit from the services, the USER shall immediately update the information in question. GÜNCEPRO is not responsible for not being able to access the APPLICATION, delays that may occur, or not being able to benefit from the APPLICATION due to this information being out of date.
4.13. The USER agrees that the contact information they provided when registering to GÜNCE (KEP address, e-mail, mobile phone, telephone, fax, etc., if any) will be used for all kinds of notifications, including service renewal announcements to be made by GÜNCEPRO. The USER is responsible for ensuring that the contact information is valid, belongs to an authorized person regarding the services received, and is kept up to date.
4.14. The USER shall be contacted via the e-mail they provide when registering and through the general information available on GÜNCE. Communication by e-mail substitutes for written communication. It is the USER’s responsibility to keep their e-mail address and KEP address (if any) up-to-date and to regularly check GÜNCE for information.
4.15. The USER accepts that the information that they will provide to GÜNCEPRO while registering and/or after starting to use the services is accurate and up-to-date. The USER clearly agrees in advance that they will not claim any compensation from GÜNCEPRO due to any disruptions or damages that may occur due to the information reported by the USER being incorrect, incomplete or not up-to-date.
4.16. The USER is obliged to use GÜNCE services in accordance with the usage instructions and information specified on www.gunce.com and to ensure that the data is entered completely and accurately, and accepts, declares and undertakes that obtaining complete and accurate results from the services offered by the APPLICATION depends on its use in accordance with these instructions and information. The USER is obliged to use GÜNCE services in accordance with the usage instructions and information specified on www.gunce.com and to ensure that the data is entered completely and accurately.
4.17. The USER agrees, declares and undertakes with this AGREEMENT that they will not use GÜNCE illegally, except for its purpose, for a fraudulent or inappropriate purpose, will not participate in an act in this direction, will not allow and/or encourage third parties, will prevent inappropriate use by third parties in this direction via the GÜNCE password and/or notify GÜNCEPRO immediately, will not act in violation of this AGREEMENT as revised at certain times, will not allow third parties to use the rights acquired by this AGREEMENT for a price or free of charge. GÜNCEPRO may terminate this AGREEMENT immediately for justified reason in case the aforementioned acts are performed by the USER and reserves all its legal rights.
5.1. The USER accepts, declares and undertakes that if the user uses GÜNCE service by connecting from an internet connection point with a quota limit, they will be informed that it will be used within the quota limit, as in other similar internet services, and that GÜNCEPRO is not responsible for any quota exceedance that may occur for this reason.
5.2. For the use of GÜNCE, the following the requirements, but not limited to those, must be met by the USER and the USER must comply with the following rules:
5.2.1. In order for the USER to access the APPLICATION, the device they use must be connected to the internet in order to access their files on their own computer and anywhere in the world. The user must have an up-to-date internet browser installed on both their personal computer and the computer they will use to access their data anywhere in the world.
5.2.2. The USER is obliged to read the usage instructions and information available at www.gunce.com for the use of GÜNCE.
5.3. Without being limited to the situations listed, the USER accepts and undertakes that GÜNCEPRO will not have any liability if the following situations occur for any reason and that the user will not claim any compensation from GÜNCEPRO:
5.3.1. Problems caused by the fact that the USER does not use the APPLICATION services in the ways specified in the instructions and information for use,
5.3.2. Short and long-term interruptions, problems and malfunctions in the connection, arising from any reason, in the infrastructure, hardware and equipment used by the USER, including the telecommunication infrastructure;
5.3.3. Application / hardware discrepancies arising from the USER’s failure to use hardware with minimum technical specifications and failure to provide the necessary hardware themselves.
5.3.4. Errors, malfunctions and problems caused by USER errors;
5.3.5. Problems that may arise in GÜNCE service due to inadequacy and/or malfunction of other software and hardware used by the USER;
5.3.6. If the USER uses GÜNCE service simultaneously with other internet services, possible slowdowns in the internet connection speed and/or problems that may arise in GÜNCE service accordingly;
5.3.7. Disputes arising due to USER’s acts and demands contrary to this AGREEMENT.
5.4. The USER shall not interfere in any way with the APPLICATION and encryption system that is part of GÜNCE and shall not in any way harm the interests of GÜNCEPRO, third parties and/or rights holders and/or engage in illegal activities by using the files and contents stored within the scope of GÜNCE and shall not allow GÜNCEPRO to engage in illegal activities. Otherwise, the accepts, declares, and undertakes that this AGREEMENT may be terminated immediately by GÜNCEPRO’s unilateral written notification and that they will be liable to GÜNCEPRO and third parties who are entitled to compensation for the damages arising from the violation.
5.5. GÜNCEPRO is not responsible for any CONTENT uploaded to the APPLICATION by the USER and/or any actions performed through the CONTENT. GÜNCEPRO shall provide limited access to the CONTENT uploaded to the APPLICATION by ACCOUNT and/or SUB-ACCOUNT USERS only in cases where it is necessary to provide maintenance and support services upon the request of the USER.
5.6. CONTENT uploaded to the APPLICATION by the USER shall be stored on the CLOUD established in the DATA CENTER.
5.7. GÜN DANIŞMANLIK will be able to use, process, make available to third parties or sell the data generated by GÜNCE itself for purposes such as producing statistical reports anonymously, conducting sectoral analyses, developing new products and services within the scope of the APPLICATION through the CONTENT added by the USER when using the APPLICATION. Provided that the USER’s rights over the CONTENT are reserved, the intellectual property rights on these anonymized data and any output created using this data belong to GÜNCEPRO.
5.8. GÜNCEPRO is not responsible in any way for the inability to provide the GÜNCE service or for providing poor quality of GÜNCE service to the USER who does not partially or completely fulfill their obligations under this AGREEMENT.
5.9. USER irrevocably declares, accepts and undertakes that, if they use GÜNCE contrary to the provisions of this AGREEMENT, all responsibility lies with them and that they will be responsible for any damage or loss that may arise due to this and any lawsuit, loss or damage claims filed by third parties, that GÜNCEPRO will not be a party or interlocutor in any way regarding such lawsuits, complaints and similar matters, that they may have recourse against the USER for any damages they may incur due to this, especially the compensation they have paid due to the violation of the provisions of the AGREEMENT by the USER, in the event that GÜNCEPRO is considered a party to any lawsuit filed by third parties and pays any compensation to third parties or is put under liability, and that upon the request of GÜNCEPRO, they will the paid compensation, damages and expenses unconditionally and in a lump sum, without recourse.
5.10. The USER accepts, declares, and undertakes that all USERS who use the APPLICATION by allocating a SUB-ACCOUNT will comply with the terms and conditions of this AGREEMENT.
6.1. The USER will be able to benefit from the APPLICATION by choosing one of the following SERVICE PACKAGES:
6.1.1. Individual Package: It is a package designed for individual users. If the USER purchases this package, they can define a SUB-ACCOUNT for only 1 USER within the scope of the ACCOUNT opened for him/her. The total number of USERS is limited to 2 people. The current package fee and services offered are stated on www.gunce.com .
6.1.2. Corporate Package: It is a package designed for companies with more than one employee. If the USER purchases this package, they can define SUB-ACCOUNTS for the number of USERS they choose within the scope of the ACCOUNT opened for them, in accordance with the number of users and service package, in return for the fee they will pay. The current package fee and services offered are stated on www.gunce.com .
6.2. After the USER select one of the packages listed above according to their needs, the fees determined for the relevant package will be automatically collected at the end of each month via the credit card defined by the USER in the system. The USER is obliged to protect the paid card or account information and cannot claim that the payments were made without their knowledge or without authorization after the said payments were made.
6.3. If the USER does not purchase a new SERVICE PACKAGE at the end of the SERVICE PACKAGE period or does not make the package payment on time and in full, the USER’s access to the APPLICATION may be suspended by GÜNCEPRO until the relevant payments are made. In this case, the USER is informed that the cancellation procedures set out in article 13 of this AGREEMENT can be applied.
6.4. GÜNCEPRO has the right to change package fees at any time and current prices will be available at www.gunce.com will be notified to the USER and will be valid for the USER’s purchase for the next period.
7.1. All financial, moral and commercial rights, intellectual property and interests on www.gunce.com the SITE and the APPLICATION, including www.gunce.com web address, visuals and designs, texts, logos, graphics in the SITE and APPLICATION, belong to GÜN DANIŞMANLIK under the Industrial Property Law No. 6769 and the Law on Intellectual and Artistic Works No. 5846. No provision in the AGREEMENT, www.gunce.com and no other terms related to the SITE can be interpreted as transferring the rights and interests regarding www.gunce.com the SITE and the APPLICATION to the USER. GÜNCEPRO grants the USER a non-exclusive, non-transferable, interchangeable license to use the APPLICATION limited to personal use, limited to the duration of the Agreement, within the scope of the exclusive license allocated to them by GÜN DANIŞMANLIK, in order to benefit from the services to the USER. All intellectual and industrial property rights other than the specified usage rights belong to GÜN DANIŞMANLIK, and this limited usage right granted to the USER cannot be interpreted as restricting GÜNCEPRO and/or GÜN DANIŞMANLIK’s free use of all other rights, especially the right to grant licenses to others.
7.2. The document templates presented to the USER within the scope of the APPLICATION and/or to be presented in the future are originally produced, developed and made electronically processable within GÜN DANIŞMANLIK, all rights arising from copyright ownership within the scope of the Law on Intellectual and Artistic Works No. 5846 on these documents bearing the characteristics of the creator belong to GÜN DANIŞMANLIK, and GÜNCEPRO grants limited permission for the USER to use these documents in line with their needs and its client, within the scope of the exclusive license right granted by GÜN DANIŞMANLIK. Independent use or duplication of these documents for purposes other than these purposes is subject to legal and/or criminal sanctions, especially within the scope of the Law on Intellectual and Artistic Works No. 5846 and other legislation. The content of these documents made available to the USER cannot be interpreted as legal advice or legal opinion. GÜNCEPRO does not undertake that the contents of these documents, which are presented to the USER as examples, are absolutely correct. If the USER wishes to benefit from these documents, it is entirely their responsibility to change them according to the characteristics of the concrete case.
7.3. USER agrees not to reverse engineer, directly or indirectly, the APPLICATION’s source code, program, infrastructure, ideas, algorithms or the application or any applications, documents or data found in connection with the APPLICATION; not to decompile, disassemble or otherwise extract the source code; not to remove proprietary warnings and labels from the APPLICATION, the APPLICATION or any APPLICATION linked to the APPLICATION; not to modify or translate or create derivative works based on the APPLICATION, or the application found in connection with the APPLICATION or any other application; not to copy, distribute, place a lien on, assign or transfer the APPLICATION or the application found in connection with the APPLICATION, or any other application or to establish rights over them in favor of anyone.
7.4. In addition, it is strictly forbidden for the USER to take actions that may threaten the security of the APPLICATION or GÜN DANIŞMANLIK systems and/or harm the APPLICATION, GÜN DANIŞMANLIK and other users, to make any attempt that may prevent the APPLICATION and other software belonging to the APPLICATION from working or other users from benefiting from the APPLICATION, to imposes a disproportionate load on the system or APPLICATION in a way that produces these results, or attempts to do so; to use or try to use software that will prevent the operation of the APPLICATION or disrupting the operation of any software, hardware and servers, causing them to malfunction, organizing attacks, occupying or otherwise interfering with them, and to attempt to access GÜN DANIŞMANLIK servers.
7.5. USER does not have the right to copy, modify, reproduce, reverse engineer, decompile or otherwise access the source code of the APPLICATION or create works of the APPLICATION or the application or any application found in connection with the APPLICATION any way or for any reason.
7.6. The PARTIES agree, declare and undertake that any information in whatever form they obtain during and after the establishment and execution of the Agreement and the use of the APPLICATION will be deemed confidential information, and that confidential information will not be used or disclosed for any purpose other than that required for the establishment and execution of this Agreement.
7.7. Even if this Agreement is terminated for any reason, the PARTIES’ obligations regarding confidentiality and intellectual property rights shall continue and remain in force without being subject to any time limit.
8.1. GÜNCEPRO shall not be responsible in any way for (i) any loss or damage to any data contained in GÜNCE, or any direct, special, accidental, chain or inadvertent error, corruption or damage in any file, application, equipment or data, or (ii) any copyright and property rights violations that may occur as a result of the use of GÜNCE by the USER. GÜNCEPRO has the authority to make changes to GÜNCE, to change the terms of use, to make other changes it deems appropriate, at its sole discretion, and this will not entitle the USER to any compensation.
8.2. The APPLICATION has been developed since 2008 and improvement efforts are continuing. The APPLICATION is inspected before it is made available to USERS, and it is subjected to all necessary tests such as penetration testing and security testing, and the utmost care is taken to ensure that the APPLICATION performs the agreed functions in the best possible way. However, GÜNCEPRO does not make any claim and/or express or implied commitment that the APPLICATION and its software are completely flawless, error-free, uninterrupted, perfect and will fully meet the general and/or specific needs of the USER.
8.3. GÜNCEPRO cannot be held responsible for hardware or operating system failure, network design and connection errors, voltage fluctuations and power outages, virus infection and similar environmental factors and information and software losses caused by USER errors.
8.4. The USER agrees that they will provide the specified technical infrastructure and other conditions for the adaptation and implementation of the APPLICATION, and that GÜNCEPRO has no material and legal liability related to the software-hardware dispute.
8.5. The USER agrees that GÜNCEPRO will not hold GÜNCEPRO responsible for any failures that may occur in its services due to problems and/or delays in the notifications that GÜNCEPRO has made to them, regardless of any circumstances.
8.6. The USER accepts and declares that links may be provided through the APPLICATION to other websites and/or platforms, files or content that are not under the control of GÜNCEPRO; that services belonging to third parties may be offered and that such links are not intended to support the website to which they are directed or the person operating/serving them, nor do they constitute any kind of representation or warranty regarding the website or the information it contains; that GÜNCEPRO has no responsibility for the platforms, websites, files and contents, services or products accessed through such links, or their contents.
8.7. The USER accepts and declares that access to the contents offered through the APPLICATION and their quality depend largely on the quality of the service provided by the relevant service provider and that GÜNCEPRO has no responsibility for problems arising from the quality of service in question; that GÜNCEPRO does not make any commitment that the APPLICATION is compatible with any device or web browser, and that the operation of the APPLICATION is not free from defects and that it is aware that it may encounter technical glitches or access barriers from time to time.
8.8. The USER agrees to use all services provided by GÜNCE at their own risk. Data loss or computer system damage related to the contents of GÜNCE or resulting from its use is the responsibility of the USER, and GÜNCEPRO has no liability in this regard.
8.9. The USER is legally responsible for any changes GÜNCE makes to its codes or data.
8.10. GÜNCEPRO cannot be held responsible in any way for the consequences that may occur due to the use and application of GÜNCE or the services provided and/or the decisions taken based on these Applications, the material, moral, legal and financial consequences that may arise directly or indirectly from the work done, and the gains and losses that may arise due to this reason.
8.11. GÜNCEPRO is not responsible if illegal content is hosted and/or shared by any means. The USER is responsible for the contents of the backed-up and stored files.
8.12. GÜNCEPRO’s liability for any damages that may arise to the USER within the scope of this AGREEMENT will in any case be limited to the total price corresponding to the last 1 (one) month period paid by the USER within the scope of this AGREEMENT regarding the APPLICATION.
9.1. Circumstances that are beyond the will of the Parties, occur beyond the control of the Parties and cannot be prevented voluntarily, and that occur to the extent that they temporarily or permanently stop working opportunities partially or completely, such as natural disasters such as earthquakes, floods, war, mobilization, fire, explosion, strike and lockout, epidemic disease, decisions taken by the government or official authorities or any law, order, legislation or regulation are considered force majeure for both Parties. GÜNCEPRO is not responsible for possible data losses and for late or incomplete performance or non-performance of any of the obligations determined by this AGREEMENT, which occur in cases of force majeure such as natural disasters, riots, war, terrorism, strikes, infrastructure and internet failures, energy failures and outages, in Turkey and/or in the country/region where the USER wishes to access GÜNCE or where the GÜNCE database is located/stored. These and similar situations will not be deemed as delay, incomplete performance or non-performance or default against GÜNCEPRO, or compensation cannot be claimed from GÜNCEPRO under any name for these situations.
9.2. Within the scope of the Agreement, none of the Parties are held responsible for failure to fulfill their obligations or delay due to Force Majeure, except for compensation obligations. In order for the parties not to be held responsible, it is mandatory that the failure to fulfill the obligation or the delay is of a nature that cannot be prevented despite the fact that reasonable measures have been taken.
9.3. Each Party may request to be released from the obligation with regard to Force Majeure. For this, the party who wants to avoid liability must take the following actions:
9.3.1. To notify the other party, without wasting time, of the request for release from liability, together with the details of the event that constitutes Force Majeure, estimates of how long its effect will last, estimates of how it will affect its liability, and suggestions for measures to be taken to reduce the effects of Force Majeure,
9.3.2. To perform all reasonable actions necessary to reduce the effects of the event that constitutes Force majeure and to start fulfilling its obligations as soon as possible.
9.4. In accordance with this article, if the Parties are released from the obligation for more than 60 (sixty) days, they may terminate this Agreement by notifying the other Party in writing.
10.1. The Parties agree that personal data, such as identity and contact data, of the other Party’s representatives or employees will be processed for the purpose of performing this Agreement and each Party accepts and declares that it will inform its employees and/or representatives on this matter as necessary in accordance with the Personal Data Protection Law No. 6698 and relevant legislation. In this context, each Party accepts and declares that it will inform the other Party’s employee or representative at the first contact, as required, in accordance with the Personal Data Protection Law No. 6698 and the relevant legislation, regarding the personal data it will process as the data controller.
10.2. The Parties undertake to take all necessary technical and administrative measures to ensure the security of personal data. The USER agrees and undertakes to process the personal data to be processed within the scope of the APPLICATION in accordance with the Law on the Protection of Personal Data No. 6698 and the relevant legislation. As the data controller, the USER is obliged to provide the relevant persons with the necessary information about the processing activities of the relevant persons within the scope of the APPLICATION and agrees and undertakes that they will fulfill their obligations arising from the relevant laws and legislation.
10.3. GÜNCEPRO, as the data processor within the scope of this Agreement, will process the personal data processed by the USER as a data processor, and as a rule, within the scope of the services to be provided through the APPLICATION offered only for the purpose and within the scope of the performance of this Agreement, yet it will not be possible to access the CONTENT and the personal data contained therein, except for the purpose of performing the services. GÜNCEPRO will not process personal data for purposes other than the performance of the Agreement, share it with third parties, or use it for advertising, sales, or similar purposes.
10.4. GÜNCEPRO will never disclose or transfer personal data to third parties, except where expressly authorized in the Relationship or where the disclosure of such data is required by law, legislation, including regulations, or administrative authority decisions and/or the Agreement.
10.5. GÜNCEPRO is aware that the relevant persons have various rights regarding their personal data within the scope of the Personal Data Protection Law No. 6698. If the relevant persons exercise these rights, they declare and undertake that they will act in accordance with the requests that the USER will submit in this context to the extent and in a manner permitted by the legislation in relation to this.
10.6. In case of unauthorized access to personal data transmitted to the USER; GÜNCEPRO shall immediately take any reasonable action and corrective action to prevent the relevant access, to reduce or, if possible, eliminate the damage that such access may cause to the relevant persons, and will keep a record of these efforts and provide these records to the User upon the User’s request. GÜNCEPRO also undertakes to provide the User with all necessary information about the preparation of notifications to be made to the Board and related persons. GÜNCEPRO is aware that the Board may request a good deal of information from the User regarding the unauthorized access in question, and that this information may be related to whether there is any security deficiency and is obliged to provide the User with all this information requested from the User by the Board. In case of unauthorized access to personal data held by GÜNCEPRO within the scope of the APPLICATION due to the fault of GÜNCEPRO; if the User must compensate the damages of the relevant persons (as a result of a final court decision), GÜNCEPRO will pay the said compensation amount to the USER based on the final court decision.
10.7. If GÜNCEPRO becomes aware of any security breach, it is obliged to notify the USER as soon as possible.
11.1. The USER is responsible for the accuracy of the information such as the GÜNCE username and password entered by the USER for authentication when logging into GÜNCE, and GÜNCEPRO is not responsible for any inaccuracies in the entered information.
11.2. The APPLICATION is made available to the USER as designed by GÜNCEPRO. No personalization services are provided within the framework of the APPLICATION unless expressly agreed by the parties in writing. If the USER has any request regarding the personalization of the APPLICATION, they will be able to forward this request to GÜNCEPRO and this service will be provided in exchange for agreeing on the fee and service conditions.
11.3. GÜNCEPRO will not have any access to the CONTENT except for the Maintenance & Support services that will be provided within the scope of the USER’s request. Reasonable measures necessary for the secure storage of the CONTENT in the DATA CENTER have been taken by GÜNCEPRO and/or taken by its supplier.
11.4. The USER will inform GÜNCEPRO of the failures encountered during the use of the APPLICATION and will provide feedback about the APPLICATION.
11.5. GÜNCEPRO undertakes to solve the following maintenance and support services by processing the problem reported to it according to the order of priority and importance in the following way:
11.5.1. The services will be offered between working hours (09:00-18:00) in the order determined by GÜNCEPRO according to the urgency and priority of the reported error.
11.5.2. In order to fix the problem related to error corrections, the USER must not have interfered with the system from the outside.
11.5.3. GÜNCEPRO will be able to intervene live via remote connection method and/or telephone if deemed necessary, depending on the technical failure reported. The USER undertakes that GÜNCEPRO will allow external access to the APPLICATION and provide access to the CONTENT within the scope of this purpose in order to fix the reported malfunction. If the USER does not allow external access, GÜNCEPRO is not responsible for the continuation of the problem.
12.1. GÜNCEPRO has the right to make changes to the APPLICATION and APPLICATION documents without prior notice, to release new versions of the APPLICATION, and to develop the APPLICATION within the framework of feedback from USERS. However, when making these improvements, the USER agrees that GÜNCEPRO is not bound by the USER’s request and/or approval.
12.2. The APPLICATION is made available to the USER as designed by GÜNCEPRO. No personalization services are provided within the framework of the APPLICATION unless expressly agreed by the parties in writing. If the USER has any request regarding the personalization of the APPLICATION, they will be able to forward this request to GÜNCEPRO and this service will be provided in exchange for agreeing on the fee and service conditions.
13.1. The right to use GÜNCE in accordance with this AGREEMENT terminates in accordance with the exit procedure set out within the scope of this article, (a) if the USER ceases using GÜNCE and terminates the ACCOUNT by following the exit instructions (b) if the AGREEMENT between the USER and GÜNCEPRO and/or its relevant annexes is terminated for any reason. THE PARTIES reserve the right to terminate this AGREEMENT at any time by giving 3 (three) months written notice. In case of termination of the AGREEMENT, no refund will be made by GÜNCEPRO.
13.2. GÜNCEPRO may suspend the services provided partially or completely temporarily or permanently or unilaterally terminate the AGREEMENT immediately if the USER illegally stores and shares data, poses a legal, technical and information security risk to its activities, violates the law in any way and/or violates one of the provisions of this AGREEMENT. The USER cannot claim any rights against GÜNCEPRO in these cases and cannot make a claim for compensation.
13.3. In case of termination of the Agreement by the USER, the USER will not be able to request a refund of the remaining fees for the relevant period.
13.4. If the USER switches from the package they are currently using to a sub-package, they will also not be able to request a refund of the amounts (difference in fees) of the remaining fees for the relevant period. The pay amount appropriate to the selected new package will be valid from the next selected period and will be collected in advance.
13.5. USER’s access and use of the APPLICATION will continue for 1 (one) week upon termination of this AGREEMENT for whatever reason (including the end of the trial period and failure to purchase the APPLICATION). At the end of the 1 (one) week usage period following the termination of the AGREEMENT, in case the USER does not select the package and make the payment, GUNCREPRO notifies the USER in writing to receive (export) all CONTENT stored on the APPLICATION within 30 (thirty) days, and the USER accepts, declares and undertakes to receive (export) all CONTENT contained in the APPLICATION within such 30 (thirty) days. USER CONTENT that is allowed to be removed from the APPLICATION but is not received by the USER within the specified 30 (thirty) days, will be automatically deleted by GÜNCEPRO at the end of the period. This deletion process will not give rise to any claims or compensation rights to the USER. When user files are automatically deleted after 30 (thirty) days, an e-mail stating “your membership has been canceled and YOUR CONTENT has been deleted” will automatically be sent to the e-mail address registered in the system.
13.6. In any case, GÜNCEPRO may restore the USER data deleted upon the termination of the AGREEMENT, upon the USER’s written request and for a fee, within a maximum of 6 (six) months following the termination of the AGREEMENT, provided that the APPLICATION is reused. 6 (six) months after the expiration of the AGREEMENT, the USER data will have been destroyed and there will be no return of the content.
14.1. RIGHT OF WITHDRAWAL
4.1.1. The APPLICATION is offered free of charge to all USERS for the first 14 (fourteen) days.
14.1.2. The USER may use the right to withdraw from this Agreement without assuming any legal or criminal liability and without giving any reason, provided that it notifies GÜNCEPRO, within 14 (fourteen) days from the date of creating a USER ACCOUNT by purchasing a package to use the APPLICATION. By accepting this Agreement, the USER agrees that they have been informed about the right of withdrawal.In cases where the USER has the right of withdrawal, it is sufficient for the USER to send a clear notification that they have exercised the right of withdrawal to GÜNCEPRO via the e-mail address [email protected] within 14 (fourteen) days.
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits declared annually by the Ministry of Commerce in accordance with the law, and Consumer Courts are authorized in cases exceeding these limits. In this context, the USER may apply to the Arbitration Committees and Consumer Courts in their or, if they wish, GÜNCEPRO’s place of residence.
14.3.1. The USER is deemed to have accepted all the terms of this AGREEMENT by accepting the AGREEMENT through the Site and paying for the service Package they have selected.
14.3.2. The USER accepts and declares that they have read all the conditions and explanations written in this AGREEMENT and in the preliminary information on the SITE, which forms an integral part, that they have prior knowledge of all matters, including the basic features of the APPLICATION subject to sale, sales price, payment method, delivery conditions, all other preliminary information-information and the right of withdrawal, and personal information-electronic communication conditions, and that they have seen all of them electronically on the Site and that they have accepted the provisions of this Agreement by ordering the APPLICATION by confirming-approving-accepting-permitting all of them electronically.
14.3.3. Both these preliminary information and this Agreement are also sent to the e-mail address that the USER has notified to GÜNCEPRO, and confirmation of receipt of the order is included separately along with the order summary in the mentioned e-mail.
15.1. The resolution of any disputes that may arise regarding the performance and interpretation of this AGREEMENT and the AGREEMENT will be subject to Turkish Law, and the Courts and Enforcement Offices of Istanbul (Çağlayan) will have exclusive jurisdiction.
15.2. If any provision of this AGREEMENT is deemed unlawful, invalid or unenforceable, that part is not considered part of the AGREEMENT within this framework and does not affect the legality, validity and applicability of other articles of the AGREEMENT, and the other provisions of the AGREEMENT remain in force and effect, unless the application of this provision eliminates the commercial intentions and purposes of the PARTIES in this AGREEMENT.
15.3. GÜNCEPRO may partially or completely transfer and assign its obligations or rights under this AGREEMENT to others, at its sole discretion, or make a sub-contract.
15.4. In case of disputes that may occur within the scope of this Agreement, GÜNCEPRO’s records (including records kept in electronic environment) will be accepted as evidence in accordance with Article 193 of the CCP.
15.5. Any waiver of any provision of this AGREEMENT will be valid only on the condition that it is in writing and accepted by GÜNCEPRO.
15.6. The sections and headings used in this AGREEMENT relate to the structure of the AGREEMENT and do not affect its content.
If this AGREEMENT is approved by the USER electronically, the USER shall be deemed to have accepted all the terms of the AGREEMENT and the AGREEMENT shall enter into force together with the aforementioned approval process.