User Agreement

Article 1. Parties

This User Agreement ("Agreement") is concluded between Mustafa Fidan (Kodmaden) ("Company") and the person ("Users") who uses and registers for cloud-based cargo tracking applications accessed via mobile applications with Google Play and Apple Store links located at the address kargomnerede.co. The Agreement will enter into force upon acceptance by the User in electronic form and will continue to be in effect unless terminated by the parties in accordance with the methods specified in the Agreement.

Article 2. Subject and Scope of the Agreement

2.1 This Agreement is concluded to determine the conditions and terms related to the use of the Application by the User and the data uploaded to the Application by the User ("Content") and the rights and obligations of the parties.

2.2 The Application covers the Kargom Nerede - Cargo Tracking Mobile Application products provided by the Company to Users.

2.3 The terms and conditions of use of the Application provided by the Company to Users, and the terms and conditions of use of the Application, rules, and conditions are an integral part of this Agreement and, together with the rights and obligations stated herein, constitute the entire rights and obligations of the parties.

Article 3. Rights and Obligations of the Parties

3.1 The User declares that they acknowledge that they must provide the information requested by the Company to benefit from the Application fully, correctly, and up to date in order to approve this Agreement. In case of any change in the information provided during the establishment of the User status, such information will be updated immediately. The Company is not responsible for the inability to access the Application or benefit from it due to the provision of incomplete or inaccurate information or failure to update such information.

3.2 The User declares that they are over 18 years of age and have the legal capacity required to enter into this Agreement. If the User accesses the Application on behalf of a business, the User acknowledges and declares that they have the necessary authority for this. In this case, the rights and obligations regarding the User status will belong to the business concerned.

3.3 The User has the right to establish only one User account, and it is prohibited for the User to establish a second account using the same or different information after the User account is suspended or terminated by the Company. The Company reserves the right to refuse the opening of a User account entirely at its own discretion without providing any reason.

3.4 Access to the Application by the User will be made using an email address and password. The User will be responsible for maintaining the confidentiality and security of this password, and it will be assumed that all activities performed using this information on the Application are performed by the User. Any legal and criminal liability arising from such activities will belong to the User. The User will immediately notify the Company if they become aware of any unauthorized use of their password or any other violation of security.

3.5 The User agrees and undertakes to use the Application only for lawful activities, comply with this Agreement, its attachments, applicable legislation, and other provisions specified in the Application. The User may use the Application on behalf of third parties as long as they are authorized to provide services to such third parties. In this context, the User will ensure that such persons comply with this Agreement and all other applicable provisions.

3.6 The Content shared by the User is owned by the User, and all responsibility regarding the Content belongs to the User. The Company has the right to use the Content under the license provided by the User within the scope of this Agreement. The Company will not be held responsible for the legality or accuracy of the Content, including but not limited to, the lawfulness, accuracy, or any damages caused by the Content. The Company may delete the Content from the Application and its systems based on the requirements of the current legislation, and the Company is not responsible for any damages, including data loss, arising in this context.

3.7 The User undertakes not to engage in activities that may jeopardize the security and integrity of the computer and network systems of the Company or the Application, or interfere with the functioning of the Application or services provided, or prevent other users from benefiting from them, or cause harm to them. The User will not transfer files or Content (including but not limited to copyrighted or commercially sensitive Content that the User does not have the right to use) that may damage the computer programs used in the provision of services or the operation of the Application unless it is absolutely necessary for normal use. The User will take due care when using communication tools accessed through the Application.

3.8 The User acknowledges that their use of the Application may be subject to limitations, including transaction and storage volumes, as specified within the Application. These limitations will be specified within the Application.

3.9 The User will keep copies of the Content uploaded to the Application. Although the Company will comply with the necessary policies and procedures to prevent data loss, the Company does not guarantee that the Content will not be lost. The Company is not responsible for any loss of Content, regardless of how it occurs.

3.10 The Company will process, store, and use the personal data shared by the User in accordance with the Personal Data Protection Law No. 6698 ("PDPL") and related legislation, the "Personal Data Illumination Text," and the "Personal Data Processing and Protection Policy." The Company provides Users with cloud-based cargo tracking applications accessed via mobile applications. In this context, Users are solely responsible for the Content they upload to these applications, and concerning this uploaded Content, the Company qualifies as a Data Processor under the PDPL. If the User requests, the Company will provide information on the storage, use, and processing of personal data in accordance with the PDPL. The User acknowledges that they have read the Personal Data Processing and Protection Policy and the Personal Data Illumination Text, and that they accept and approve the processing, storage, and use of their personal data by the Company in accordance with the relevant legislation and the provisions specified in these documents.

3.11 The Company may process, store, and use the information about the User and the operations performed within the Application in order to improve the Application, create statistical data, conduct research, and carry out marketing activities in accordance with the legislation. In this context, the Company may share this information with business partners, affiliates, or third parties from whom it receives services or that provide services on its behalf. However, the Company will not share the personal data of the User with third parties without the User's explicit consent, except for the purposes specified in this Agreement or the legislation.

3.12 The Company reserves the right to unilaterally change and update the terms and conditions of this Agreement and the application. Such changes will be notified to the User in advance via the Application, e-mail, or other means deemed appropriate by the Company. The changes will take effect on the date specified in the notification. If the User does not accept the changes made, they may terminate this Agreement in accordance with the termination provisions specified in this Agreement. The User's continued use of the Application after the effective date of the changes will constitute acceptance of the updated Agreement terms by the User.

3.13 This Agreement and the relationship between the parties will be governed by Turkish Law, and Istanbul Central Courts and Execution Offices will be authorized for any disputes arising from the implementation of this Agreement. The provisions of the Turkish Code of Obligations and other legislation regarding the disputes will be applied for issues not regulated in this Agreement.

3.14 This Agreement is concluded electronically and has the same legal effect as a written contract. The User acknowledges, declares, and undertakes that they have read all the terms of this Agreement, understand its content, and approve it electronically.

3.15 Users can delete the Contents they entered into the Application at any time by requesting Company to delete them. A User whose membership has ended, except as stated in Article 7.6, will not be able to access their account.

3.16 In case the User behaves contrary to this Agreement, other terms and conditions within the scope of the Application, and the statements and commitments within this scope, the Company shall have the right to suspend the User's membership or terminate the Agreement as indicated below, thereby terminating the user status. In such a case, the Company reserves the right to demand damages from the User arising from such non-compliance.

Article 4. Payment Terms

4.1 Users can only benefit from the Application by paying the fees declared within the Application along with the payment terms and methods declared within the Application in full and accurately.

4.2 Users can use the Application without payment within the specified conditions and limitations within the Application. When the free usage limits are exceeded, the user's use of the Application may be restricted within the limits. The user may switch to a paid membership determined according to the limit needs or the functionality needed. Application fees, payment terms, and effective dates of the fees will be announced in the relevant sections of the Application. The user may upgrade or downgrade their membership package at their discretion. Unless otherwise specified by the Company, such requests will be processed at the end of the relevant membership period. Changes to membership fees and payment terms during the user's membership period will not apply until the end of the user's membership period, and new fees and payment terms will be valid with the start of the new membership period. In case of termination of the membership for any reason during the membership period, including termination of the Agreement, no refunds will be made.

4.3 Unless otherwise requested by the user until 14 (fourteen) days before the end of each period, the user's membership will automatically renew at the end of each period.

4.4 If the User purchases a service, membership, or subscription from the Application, the User is responsible for paying the relevant taxes and fees.

4.5 The Company or third parties approved by the Company may store the User's credit card, account, and payment information to make updates related to the User's membership and payments and bank integration.

Article 5. Intellectual Property Rights

5.1 All rights, ownership, and benefits related to the Application belong to the Company. Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to use the Application. No provision in this Agreement or any other conditions related to the Application can be interpreted as transferring the rights and benefits related to the Application to the User. The User grants the Company the right to use their information and Content for accessing the Application, using the Application, and providing services for other purposes, including copying, transmitting, storing, and backing up the information and Content. The Company has the right to sublicense third-party developers for Content for the purpose of providing services.

5.2 The User is not entitled to copy, modify, reproduce, subject the Application to reverse engineering, decompile, or otherwise access the source code of the software, create derivative works from the Application, or modify the contents of the Application in any way without the express permission of the Company. Modifying the content of the Application in any way or linking to or from the Application without the explicit permission of the Company is strictly prohibited.

5.3 The User shall not use the Company's (or its affiliates') trade name, trademark, service mark, logo, domain name, etc. in any way.

Article 6. Limitation of Liability

6.1 The Application, software, and other content are provided "AS IS," and in this context, the Company has no responsibility or commitment regarding the accuracy, completeness, and reliability of the Application, software, and content. The User understands and accepts that the Company also does not undertake any commitment regarding the relationship between the Content and other User data. The Company does not guarantee that the use of the Application will be uninterrupted and error-free. Although the Company aims for the Application to be accessible and usable 24/7, it does not guarantee the functionality and accessibility of the systems providing access to the Application. The User acknowledges that access to the Application may be blocked or interrupted at various times and that the Company is not responsible for such blocking or interruptions.

6.2 Links may be provided to other websites and/or portals, files, or content not under the control of the Company through the Application, and these links do not constitute any endorsement or guarantee by the Company of the website or person operating the website to which the links are directed or any type of statement or warranty regarding the website, services, or products or their content accessed through these links.

6.3 The User acknowledges that access to the Application and the quality thereof largely depend on the quality of the service obtained from the relevant Internet Service Provider, and that the Company has no liability due to problems arising from the quality of such service.

6.4 The User acknowledges that the tracking inquiries made through the Application depend on the quality of the service provided on the website of the relevant cargo company and that the Company has no liability due to problems arising from the quality of such service.

6.5 The User acknowledges that the cargo companies within the Application may be removed from the application due to legal or technical reasons and that the Company has no liability in this regard.

6.6 The User is solely responsible for the content they upload and the use of the Application. The User agrees to indemnify the Company for any and all claims and demands (including legal fees and attorney fees) that may arise from intellectual property infringements, Content, and any claims and demands that may be transmitted by third parties regarding the use of the Application.

6.7 To the extent permitted by applicable law, the Company shall not be liable for any direct, indirect, special, incidental, punitive damages arising from the use of the Application, including but not limited to loss of profit, loss of reputation, alternative product and service procurement expenses, even if the Company is informed in advance. In addition, the Company expressly states that it does not provide any express or implied warranty, suitability for merchantability, or fitness for a particular purpose, among others. The Company's liability under this Agreement shall in no event exceed the amount paid by the User for the services under this Agreement up to the date the relevant damage occurred.

Article 7. Effectiveness and Termination of the Agreement

7.1 This Agreement shall enter into force upon acceptance by the User in electronic form and shall remain in effect unless terminated by either Party as specified below.

7.2 Either Party may terminate this Agreement at any time without cause and without payment of any compensation by providing a written notice to the other Party at the email address notified by the other Party, with a notice period of 14 (fourteen) days.

7.3 If either Party fails to fulfill its obligations arising from this Agreement fully and properly and fails to remedy such non-compliance within the period specified in the written notice to be given by the other Party, this Agreement may be terminated by the Party issuing the notice. In the event of such non-compliance by the User, the Company may suspend the User's status until the non-compliance is remedied. In the event of the User's violation of the applicable laws, the Company may terminate the Agreement with immediate effect for just cause.

7.4 The termination of this Agreement shall not extinguish the rights and obligations accrued until the termination date. Upon termination of the Agreement, the User shall be responsible for all fees and expenses accrued until that date and shall not be able to use the Application as of the termination date. No refunds will be made in case of termination of prepaid memberships.

7.5 If the User's account remains inactive for 3 (three) months, the Company may terminate this Agreement.

7.6 In case of termination of this Agreement, unless prevented by legal reasons, the User may request access to the Content within the first 6 (six) months.

7.7 The Company reserves the right to keep the Content in its databases as long as this Agreement is in effect. Within 6 (six) months following the end of the User's membership period or the termination of this Agreement, the User may obtain the Content free of charge. The Company may charge fees for such requests made after the end of this period. The relevant fees will be specified within the Application.

Article 8. Miscellaneous Provisions

8.1 The invalidity, illegality, or unenforceability of any provision of this Agreement or any expression in this Agreement shall not affect the validity and enforceability of the remaining provisions of the Agreement.

8.2 This Agreement constitutes a whole with its annexes. In case of any inconsistency between the Agreement and its annexes, the provisions contained in the annexes shall prevail.

8.3 Communication with the User shall be made via the e-mail address provided by the User during registration or through the general notification mechanism provided in the Application. Communication made via email shall be deemed as written communication. It is the User's responsibility to keep their email address up to date and regularly check the Application for notifications.

8.4 All matters arising from the interpretation of this Agreement and all matters arising from or in connection with this Agreement and its annexes shall be governed by and construed in accordance with Turkish law; the Courts and Enforcement Offices of Bursa shall be authorized.