Before you start using the PLATFORM, we kindly request you to read this AGREEMENT. The USER may use this PLATFORM as expressly specified and permitted in the provisions of this AGREEMENT. The USER expressly accepts, declares, and undertakes to be bound by the AGREEMENT and to fulfill its obligations under the AGREEMENT by clicking "I accept the Agreement”. In case you do not accept the entire AGREEMENT, you will not be able to use the PLATFORM.
VIRTUAL I and USER shall be hereinafter referred to individually as a “PARTY” and collectively as the “PARTIES”.
The PLATFORM, but not limited to these, is a technological product that allows for objectively making risk/damage assessment, aims to reduce costs and possible risks in risk/damage assessment processes, and increases productivity through experts in their fields.
Together with other persons in the risk/damage assessment, employees of the expertise company and independent experts (who are the USERs in this PLATFORM) are obliged to act fairly and reasonably. Each USER who uses the PLATFORM accepts, declares, and undertakes that all the information he/she provides to the PLATFORM is correct and up-to-date.
- GENERAL PROVISIONS
- VIRTUAL I shall provide this PLATFORM to the USER for its use provided that the USER has complied with the provisions of this AGREEMENT.
- VIRTUAL I shall exclusively determine the usage fee of the PLATFORM. VIRTUAL I does not make any commitment regarding the fee of the PLATFORM.
- The USER cannot use the PLATFORM in violation of any provisions of this AGREEMENT, otherwise his/her usage and/or license rights shall be terminated.
- VIRTUAL I provides the following rights provided that the USER has complied with all the provisions of this AGREEMENT and the obligations set forth herein:
- During its usage period, VIRTUAL I allows the USER to enter into, use, view, operate and access to the PLATFORM.
- Using the PLATFORM on a network: The USER can run and use the PLATFORM on a network. However, it is required to obtain a separate license for every single USER on which the PLATFORM is loaded, used, accessed, viewed or operated. Product licenses cannot be shared, or used simultaneously on different computers or networks.
- The USER is responsible for the integrity and accuracy of any data he/she provided and processed by using the PLATFORM. VIRTUAL I bears no responsibility for the USER’s data and for the integrity or accuracy of such data.
- The intellectual property rights of the PLATFORM are exclusively owned by VIRTUAL I. The granting of the license to use the PLATFORM by USER does not in any way terminate or limit the intellectual property right of VIRTUAL I on the PLATFORM and does not affect VIRTUAL I's right of disposition on this right. Except for the usage right specified in the AGREEMENT, no provision herein shall mean that the PLATFORM has been transferred to the USER. The USER accepts, declares, and undertakes to comply with all the relevant legislation including the Turkish Commercial Code, the Industrial Property Law, trademark legislation, intellectual and artistic works and copyright legislation, the Turkish Criminal Code, and all other relevant statutory decrees and laws regarding intellectual property, when fulfilling its obligations regarding the intellectual property rights of VIRTUAL I.
- The PLATFORM, which belongs to VIRTUAL I, is a product designated as ‘NOT FOR RESALE’. Under no circumstances, the USER may sell, copy, create derivatives works of, sublicense, assign, rent or lend to anyone else, reproduce, transfer electronically or optically, convert into source code, reverse-engineer or modify the PLATFORM. The USER and the third parties are not allowed to create any other program by taking inspiration from the PLATFORM.
- No party other than the USER can use the PLATFORM unless otherwise stated in this AGREEMENT. The usage of the PLATFORM by a third party requires a new agreement between the third party and VIRTUAL I. In case the USER allows the third parties to use the PLATFORM without any separate agreement between VIRTUAL I and the third party, the USER shall be considered as violating the intellectual property rights of the PLATFORM and this AGREEMENT, and the USER’s usage right and license ay be terminated.
- VIRTUAL I can make changes on the PLATFORM to eliminate possible errors in the PLATFORM, develop the PLATFORM and adapt the PLATFORM to current conditions and/or new legal regulations, and also may launch new versions and/or editions of the PLATFORM to the market or completely remove the PLATFORM from the market at any time, at its own discretion .
- VIRTUAL I may inform the USER that some fields are running in different versions and/or programs by showing warning or information messages in the new versions and/or editions it releases.
- VIRTUAL I has no obligation to provide any update or support for the PLATFORM. VIRTUAL I can provide the USER with its various support services related to the PLATFORM by its own staff and authorized business partners, but also by using various electrical environment or accesses. These support services may be free or paid under the conditions determined by VIRTUAL I. To provide support services, VIRTUAL I requires the USER to not violate the rights of VIRTUAL I on the PLATFORM, including its intellectual property and the AGREEMENT. VIRTUAL I is not obliged to provide on-site support services to the USER. In case the USER requests on-site support service from VIRTUAL I, VIRTUAL I may decide as to whether it provides such service to the USER or not, at what time and with which personnel. If VIRTUAL I decides to provide an on-site support service upon the USER's request, this service shall be charged by VIRTUAL I.
- VIRTUAL I may contact the USER about any change, usage, maintenance regarding the products and services via the information provided by the USER itself, unless the USER exercises his/her right of refusal. VIRTUAL I is not responsible for the damages suffered by the USER as a result of the failure to contact the USER due to exercising his/her right of refusal.
- VIRTUAL I does not guarantee to the USER that the information entered into the old version of the PLATFORM by the USER may be adaptable into the new version and all transactions in the old version product can also be in the new version.
- VIRTUAL I does not undertake that (i) the PLATFORM will completely meet the special requests, needs, and expectations of the USER, (ii) the PLATFORM will work perfectly and uninterruptedly, (iii) the PLATFORM will be suitable for a specific purpose of the USER, and (iv) the PLATFORM will not violate the rights of third parties. VIRTUAL I provides the use and license of the PLATFORM in its current state and “as is” and does not give any express or implied warranty regarding the PLATFORM. Any information or advice that the USER receives from VIRTUAL I or through the PLATFORM, orally or in writing, shall not constitute any warranty/guarantee unless expressly stated. The USER has accepted the PLATFORM “as is”, having done the necessary examinations on its current state. The USER cannot demand a refund of the fees paid in any way after starting to use the PLATFORM.
- VIRTUAL I shall not be responsible in any manner for the results that may occur due to the use, non-use, inability to use, implementation, the establishment of the PLATFORM; for any direct or indirect material, moral, legal or financial consequences; for any profits or losses that may arise for this reason, the third party claims and the illegal use of the PLATFORM. VIRTUAL I cannot be held responsible for any loss of information and program due to malfunctions in the USER's system, power failure, viruses, and other reasons as well. The USER is responsible for protecting the PLATFORM, regularly backing up the information entered by him/her against disruptions and the security of the information.
- VIRTUAL I shall not be responsible for any third-party links provided in the PLATFORM or its websites, and the websites directed by such third-party links.
- The USER is liable to use computers and peripheral units with minimum technical qualification required for the PLATFORM. The USER accepts, declares, and undertakes that VIRTUAL I has no financial and legal liability for any software-hardware conflict.
- The termination of the use of the PLATFORM by the USER for any reason does not cancel his/her obligation to pay unpaid fees.
- VIRTUAL I shall not be responsible for any cases that may arise due to the exporting of data by the USER in case of the termination of the USER’s usage right and license.
- The transactions of the USER in the services to be provided under this AGREEMENT will be able to be viewed and reported by VIRTUAL I or its business partners for the purposes of increasing product performance, ensuring service quality etc.
- VIRTUAL I shall not be responsible for any malfunction or failure, etc. caused by other software integrated by the USER and does not undertake to provide support to the USER in preventing or resolving such problem.
- The USER shall not make any request from VIRTUAL I, based on the fact that VIRTUAL I suspends its services temporarily or permanently or does not duly perform any or all of its obligations due to reasons beyond the control of VIRTUAL I or reasons including but not limited to: pandemic such as COVID-19, natural disasters, legal obstructions, general problems in telecommunication and energy infrastructures that prevent the provision of comprehensive services, data transfer and connection problems, failure of the computer and hardware used in the USER or security problems caused by the USERs. In such case, VIRTUAL I shall not be responsible for any service interruptions that are not caused by VIRTUAL I or for the damages caused by any cyber-attacks by third parties.
- Although VIRTUAL I has implemented necessary measures, VIRTUAL I may narrow the scope of or suspend its services completely in cases where there are justifiable reasons that would require VIRTUAL I to act otherwise under national or international laws, and communiqués, circulars and regulations published by the competent authorities. The USER accepts, declares, and undertakes in advance that he/she will not request from VIRTUAL I to recourse in any way for the damages and losses he/she may suffer due to these reasons.
- The USER is obliged to constantly keep his/her e-mail addresses and other contact information provided to VIRTUAL I up-to-date, and to follow the informative e-mails and announcements sent by VIRTUAL I via any e-mail address of VIRTUAL I or to the USER's account on the PLATFORM.
- The USER accepts, declares, and undertakes to be solely responsible for the legal sanctions arising out of and in connection with the transactions made with his/her username and password. The USER is obliged to ensure the security of his/her usernames and passwords and VIRTUAL I shall not be responsible for any loss or stolen of his/her username and passwords and any damages arising out of such case.
- The USER accepts, declares, and undertakes to be solely responsible for his/her bankruptcy, liquidation, or termination of its commercial activities for any reason. In such case, VIRTUAL I shall be entitled to terminate this AGREEMENT without any compensation.
- The USER accepts, declares, and undertakes that he/she will solely benefit from the services provided by VIRTUAL I and cannot make available, have used, transfer these services to the parent company's affiliates, other persons, institutions and organizations except for the real person authorized by the USER working under its legal entity as well as cannot rent or sell these services to anyone else. Otherwise the USER shall be held responsible and VIRTUAL I shall have the right to suspend all the services provided to the USER and to terminate this AGREEMENT and/or all agreements made with the USER.
- The USER accepts, declares, and undertakes to not engage in any illegal activities and to not violate the laws of the Republic of Turkey, the title,and the decisions of public authorities, when obtaining the services related to the PLATFORM.
- In case of any breach of the USER to this AGREEMENT, the USER accepts, declares, and undertakes to bear all the responsibility for such failure to comply with the obligations under this AGREEMENT; and to compensate any damages suffered by VIRTUAL I. In such case, VIRTUAL I shall have the right to suspend all the services provided to the USER and/or terminate the provisions of this AGREEMENT.
- VIRTUAL I SHALL NOT BE RESPONSIBLE FOR ANY DEFECTIVE USE OF THE PLATFORM. ALSO, ALL RESPONSIBILITY OF VIRTUAL I TO THE USER SHALL NOT EXCEED HALF OF THE FEE PAID BY THE USER TO VIRTUAL I OR THE AUTHORIZED BUSINESS PARTNER, IF ANY.
- The USER accepts, declares, and undertakes that VIRTUAL I may cancel his/her usage and license rights due to any breach of the USER to any provisions of this AGREEMENT.
- Each PARTY declares and undertakes to keep confidential and safeguard all information, which may be obtained in any way within the scope of this Agreement, including but not limited to, corporate information of the PARTY, trade secrets, know-how, ideas, inventions, trademarks and patents, copyrights, software, source codes, research, marketing information, customer information, financial status, internal regulation and procedures, database, computer programs, designs and documents and images of such designs, encryption technics, advertisements, packaging and marketing plans, product plans, technical plans, sale information, production information, trade information, business strategies, business plans, information related to partners, engineering information, personnel information, product designs, specification, proposals, data, graphs, formulas, processes, samples, reports, memorandum, contracts, whether disclosed in writing, verbally or electronically; that it shall not use such information for any purpose other than that set out in the Agreement; and that it shall not allow the use of third parties of such information or disclose such information to third parties without the disclosing PARTY’s written consent.
- Each PARTY shall: (i) disclose confidential information only to their employees and its suppliers who must know such information in order to carry out the PARTY’s obligations hereunder, (ii) notify such persons of the confidentiality commitment specified in this article, and (iii) be jointly and severally liable for any breach of such persons to this confidentiality commitment.
- This confidentiality commitment shall remain in force after the termination of this Agreement for any reason.
- PROTECTION OF PERSONAL DATA
- VIRTUAL I may collect, use, process and store personal data of the USER for the purposes of performing its contractual obligations, providing updates to the PLATFORM, ensuring the proper use of the PLATFORM under this AGREEMENT and complying with its legal obligations etc. in accordance with the Turkish Personal Data Protection Law numbered 6698 (“KVKK”), the EU General Data Protection Regulation (“GDPR”) and other applicable legislation.
- The USER shall be solely responsible for any personal data that he/she uploads to the PLATFORM. In terms of such personal data, VIRTUAL I shall be accepted as a data processor and the USER shall be accepted as a data controller under the KVKK and the GDPR. VIRTUAL I may use information of the USER including any personal data uploaded to the PLATFORM, by anonymizing them.
- The USER or the data subject may apply to VIRTUAL I in order to exercise his/her rights under Article 11 of the KVKK and Articles 15 to 22 of the GDPR. The USER or the data subject is required to submit his/her application to VIRTUAL I in writing, with the information and documents verifying his/her identity. Upon the request of the USER or the data subject, VIRTUAL I may accept or reasonably reject the application. In any case, VIRTUAL I shall notify the USER or the data subject in writing or electronically of its response to the USER’s request. VIRTUAL I, upon the acceptance of the request in the application, shall duly fulfil the request of the USER. If such request is made due to the VIRTUAL I's fault and the USER or the data subject has paid a fee during the application process, VIRTUAL I shall return this fee to the USER or the data subject.
In case the USER fails or be unable to fulfill the obligations under this AGREEMENT and breaches the AGREEMENT, VIRTUAL I may terminate this AGREEMENT without prior notice and compensation.
- OTHER PROVISIONS
- The USER shall not, without the prior written consent of VIRTUAL I, assign, transfer, charge or provide free of charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this AGREEMENT.
- If any provision of this AGREEMENT is held to be invalid, void or for any reason unenforceable, such provision shall not affect the validity and enforceability of the remaining provision.
- No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- Nothing in this AGREEMENT is intended to or shall operate to create a partnership between the PARTIES, or authorize either PARTY to act as agent for the other, and neither PARTY shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
- This AGREEMENT and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Turkey. Each PARTY agrees that the courts of Istanbul shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this AGREEMENT or its subject matter or formation (including non-contractual disputes or claims).
- This AGREEMENT consists of 6 (six) articles and shall enter into force upon the acceptance of the AGREEMENT by the USER or the use of the PLATFORM.