User Agreement

Article 1. Parties and Definitions

Company: iOkul Eğitim Teknolojileri A.Ş.

Application: covers iokul.com, the subdomains of iokul.com, and the official Android, iOS, MacOS and Windows applications published under the name iOkul.

User(s): Any natural or legal person who registers with the Application and/or benefits from the services offered in the Application under the terms set forth in this Agreement.

This User Agreement (the “Agreement”) is entered into by and between the Company and the Users. The Agreement shall enter into force upon its acceptance by the User by electronic means and shall remain in force unless terminated by the parties in accordance with the procedures set forth in the Agreement.

Article 2. Subject and Scope of the Agreement

This Agreement is entered into for the purpose of determining the terms and conditions relating to the User’s registration with and/or use of the Applications and to the data uploaded to the Applications by the User (the “Content”), as well as the rights and obligations of the parties in this respect. The terms of use, rules and conditions presented to the Users by the Company with respect to the use of the Application also constitute an annex to and an integral part of this Agreement and, together with the rights and obligations set forth herein, constitute the entirety of the rights and obligations of the parties.

Article 3. Rights and Obligations of the Parties

3.1 The User declares that they are aware that, in order to benefit from the Application, they must provide the information requested by the Company in a complete, accurate and up-to-date manner and approve this Agreement. In the event of any change in the information provided during the establishment of User status, such information shall be updated immediately. The Company shall not be liable for any inability to access or benefit from the Site or the Application due to such information being incomplete, untrue or not up to date.

3.2 The User declares that they have the legal capacity required to enter into this Agreement. If the User accesses the Site on behalf of a business, the User accepts and declares that they hold the necessary authority to do so. In such case, the User status and the rights and obligations shall belong to that business.

3.3 The User is entitled to establish a single User account; following the suspension or termination of the User account by the Company, the User is prohibited from establishing a second account using the same or different information. The Company reserves the right to refuse the opening of a User account without providing any reason and entirely at its own discretion.

3.4 The User shall access the Applications using their e-mail address/telephone number and password. The User shall be responsible for maintaining the confidentiality and security of this password, and any and all activities carried out through the Applications using such information shall be deemed to have been carried out by the User; all legal and criminal liability arising from such activities shall rest with the User. The User shall immediately notify the Company upon becoming aware of any unauthorized use of their password or any other breach of security.

3.5 The User accepts and undertakes to use the Application solely for lawful activities and to act in accordance with this Agreement, its annexes, the applicable legislation and the other terms and conditions set forth on the Site in relation to the Application. The User may use the Applications on behalf of third parties insofar as the User is authorized to provide services to such third parties. In this context, the User shall ensure that such persons also act in accordance with this Agreement and all other provisions applicable to the User.

3.6 For a better experience, while using the application, you may be asked to provide certain personally identifiable information. The information we request will be retained by us and used as described in this privacy policy.

3.7 The User may, from time to time, authorize a third party (an “Authorized User”) to use the Application. The identity of the Authorized User and their level of authority within the Application shall be determined by the User. The User is responsible for the use of the Application by Authorized Users, shall control the Authorized Users’ access to the Application at all times, and may change the Authorized User’s level of access to the Application, or revoke such access, at any time and without any reason. In the event of a dispute between the User and an Authorized User regarding access to the Application, the User shall decide on the Authorized User’s access to the Application or the Content and on the level of such access.

3.8 The Content shared by the User is the property of the User, and all responsibility relating to the Content rests with the User. The Company is entitled to use the Content within the scope of the license granted to it by the User under this Agreement. The Company cannot be held liable for the Content or for any loss or damage that the Content may cause, and, without limitation, the Company bears no responsibility whatsoever with respect to lawfulness, the accuracy of the Content, financial transactions or tax reporting. Ensuring compliance with the relevant legislation on financial transactions, taxes and other matters is the sole responsibility of the User. The User accepts that the Company may delete the Content from the Application and its systems based on requirements arising from the applicable legislation, in particular financial regulations, and that the Company shall not be liable for any damage that may arise in this context, including lost data.

3.9 The User accepts and undertakes: not to engage in activities that would jeopardize the security and integrity of the computer and network systems of the Company or, where the Application is hosted by third parties, of such third parties; not to use the Application in a manner that would prevent or damage the operation of the Application, the Site or other systems through which the services are provided, or prevent other users benefiting from the Application and the Site from benefiting from them, and not to misuse the Application; not to gain unauthorized access to the computer systems on which the Application is hosted or to the Application beyond the scope of the access granted to the User; not to transfer or upload to the Site files that would damage the computer systems, devices and software of the Company and third parties, or unlawful Content (including copyrighted Content or Content constituting trade secrets and other materials over which the User has no right of use); and not to modify, copy, adapt, reproduce, create source code from or reverse engineer the computer programs used in the provision of the services or in the operation of the Site, unless absolutely necessary for ordinary use.

3.10 The User accepts that their use of the Application may be subject to limitations, including monthly transaction and storage volumes. Such limitations shall be specified within the Application.

3.11 The User shall keep copies of the Content uploaded to the Application. Although the Company complies with the policies and procedures necessary to prevent data loss, it does not guarantee that no loss of Content will occur. The Company is not liable for the loss of Content, regardless of how such loss arises.

3.12 The User accepts that the Content and other information may be stored by the Company or third parties in data centers located in Turkey or abroad.

3.13 In the event of technical problems relating to the Application, the User shall make reasonable efforts to identify and diagnose the problem before contacting the Company. If the User’s need for technical support continues, the necessary support shall be provided through the Site, the Application or other appropriate channels.

3.14 Where communication tools (such as forums, chat tools or a message center) are provided to the User through the Site, the User declares and undertakes to use such communication tools solely for lawful purposes. The User shall not use such communication tools to share materials outside the purpose of the Application, including the sale of products and services, e-mails sent without the recipient’s consent, files that may damage the software and computer systems of third parties, content that is insulting to other users, or any unlawful content whatsoever. The User undertakes that they are authorized to carry out any communication they make through the Site. The Company has no obligation to verify the appropriateness of communications made through the Site or whether they are directed towards the intended purposes of use of the Application. With respect to other web-based communication tools accessed through the Application or used in connection with the Application, the User shall also exercise the same degree of care that they are required to exercise when using the communication tools provided through the Site. The Company has the right to remove the communication tools it provides through the Site at any time at its sole discretion.

3.15 The Company has the right to revise this Agreement and its annexes without any prior notice; where this right is exercised, the relevant change shall enter into force upon the User’s next use of the Site. If the User does not accept such changes, the User reserves the right to terminate this Agreement in the manner set forth below.

3.16 The User may not transfer or assign the User account, or the rights and obligations arising from this Agreement and the use of the Site, to any third party in any manner whatsoever.

3.17 If the User acts in breach of this Agreement, the other terms and conditions on the Site, or the User’s representations and undertakings thereunder, the Company shall have the right to suspend the User’s membership or to terminate the User status by terminating the Agreement in the manner set forth below. In such a case, the Company reserves the right to claim from the User the damages arising from such breach.

Article 4. Payment Terms

4.1 The User may benefit from the Application only upon full and complete payment of the fees stated on the Site, using the payment terms and methods likewise stated on the Site.

4.2 The User may use the Application free of charge within the scope of campaigns periodically offered by the Company on the Site, for the duration specified in the campaign. Upon the expiry of the campaign period, the User’s membership shall become a paid membership, the type of which shall be determined according to the service level, functionality or contract term. The fees, payment terms and effective dates of the fees relating to the Application shall be announced in the relevant sections of the Site. The User may upgrade or downgrade their membership package at their own discretion. Unless otherwise provided by the Company, such requests shall be carried out at the end of the relevant membership period. Any changes made to the fees and payment terms of the membership package during the User’s membership term shall not apply until the end of the User’s membership period; the new fees and payment terms shall take effect upon the commencement of the new membership period. No refund shall be made if the membership ends for any reason during the membership period, including termination of the Agreement.

4.3 Unless otherwise requested by the User no later than 14 (fourteen) days before the end of the period, the User’s membership shall be automatically renewed at the end of each period.

4.4 At the beginning of the membership period, the Company shall send the invoice for the usage fees to the contact address provided by the User. All invoices shall include the fees for the following membership period. The User shall pay the relevant amount on the invoice within 14 (fourteen) days following the invoice date. The User is responsible for the payment of taxes and duties relating to the relevant fees.

4.5 The User accepts that the Company, or third parties approved by the Company, may store the User’s credit card and payment information in order to carry out transactions relating to membership and payment, or bank integration and related updates.

Article 5. Intellectual Property Rights

5.1 All rights, title and interest in and to the Site and 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 Site and the Application. No provision of the Agreement or of the other terms relating to the Site may be construed as transferring to the User any rights and interests in the Site and the Application. Under this Agreement, the User grants the Company a right of use to use, copy, transmit, store and back up the User’s information and the Content for the purposes of the User’s access to and use of the Application and for other purposes relating to the provision of the services. The Company is entitled to grant sublicenses relating to the Content to third-party developers for the purpose of providing the services.

5.2 The User has no right, in any manner or for any reason, to copy, modify, reproduce, reverse engineer or decompile the Site or the Application, or otherwise to obtain the source code of the software on the Site, or to create derivative works from the Site. Any modification of the browser and content relating to the Site in any manner whatsoever, and linking to or from the Site without the Company’s express permission, are strictly prohibited.

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

Article 6. Limitation of Liability

6.1 The Application, software and other content within the scope of the Site are provided “AS IS”, and in this respect the Company has no responsibility or undertaking whatsoever regarding the accuracy, completeness and reliability of the Application, software and content. The User understands and accepts that the Company further makes no undertaking regarding the relationship between the Content and other User data. The Company does not undertake 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 gives no guarantee regarding the functioning and accessibility of the systems providing access to the Application. The User accepts that access to the Application may be blocked or interrupted from time to time. The Company shall in no way be liable for any such blocking or interruptions.

6.2 The User accepts and declares that links may be provided through the Site to other websites and/or portals, files or content not under the Company’s control; that such links are not provided for the purpose of endorsing the website to which they lead or the person operating it, and do not constitute any kind of representation or warranty regarding such website or the information it contains; and that the Company bears no responsibility whatsoever for the portals, websites, files and content, services or products accessed through such links, or for their content.

6.3 The User accepts that access to the Application and Applications offered through the Site, and the quality thereof, depend to a large extent on the quality of the service obtained from the relevant Internet Service Provider, and that the Company bears no responsibility for problems arising from the quality of such service.

6.4 THE USER IS SOLELY RESPONSIBLE FOR THE CONTENT THEY UPLOAD AND FOR THE USE OF THE SITE AND THE APPLICATION. THE USER ACCEPTS THAT THEY HOLD THE COMPANY HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) THAT MAY BE ASSERTED BY THIRD PARTIES IN RELATION TO INTELLECTUAL PROPERTY INFRINGEMENTS, THE CONTENT, OR THE USE OF THE APPLICATION AND THE SITE.

6.5 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ITEMS SUCH AS LOSS OF PROFIT, LOSS OF GOODWILL AND REPUTATION, AND EXPENDITURE INCURRED FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES. IN ADDITION, THE COMPANY FURTHER DECLARES THAT IT GIVES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ANY EVENT, THE COMPANY’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER FOR THE SERVICES THAT ARE THE SUBJECT OF THIS AGREEMENT UP TO THE DATE ON WHICH THE RELEVANT DAMAGE AROSE.

Article 7. Entry into Force and Termination of the Agreement

7.1 This Agreement shall enter into force upon its acceptance by the User (electronically or by a document bearing a wet signature) and shall remain in force unless terminated by either party in the manner set forth below.

7.2 In the period following the expiry of the contract term, either party may terminate this Agreement at any time, without stating any reason and without paying any compensation, by written notice sent 1 (one) week in advance to the e-mail address notified by the other party.

7.3 If either Party fails to perform its obligations under this Agreement fully and properly, and such breach is not remedied within the given period despite written notice by the other party, this Agreement may be terminated by the party giving such notice. If such breach is committed by the User, the Company shall have the right to suspend the User status until the breach is remedied. If the User violates the applicable legislation, the Company may terminate the Agreement for just cause with immediate effect.

7.4 Termination of the Agreement shall not extinguish the rights and obligations of the Parties that have arisen up to the date of termination. Upon termination of the Agreement, the User shall be liable for all fees and expenses incurred up to that date and shall no longer be able to use the Site and the Application as of the date of termination. In the event of termination of prepaid memberships, no refund shall be made to the User.

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

7.6 Where the User account has not been blocked for legal reasons and the Agreement has been terminated, the Company shall provide read-only access to the Content for 6 (six) months.

7.7 The Company has the right to store the Content in its databases for as long as this Agreement remains in force. The User may retrieve the Content free of charge within 6 (six) months following the end of the User’s membership period or of this Agreement. Following the expiry of this period, the data will no longer be accessible.

Article 8. Miscellaneous Provisions

8.1 The invalidity, unlawfulness or unenforceability of any provision of this Agreement or of any statement contained herein shall not affect the force and validity of the remaining provisions of the Agreement.

8.2 This Agreement constitutes a whole together with its annexes. In the event of any conflict between the Agreement and its annexes, the provisions of the relevant annexes shall prevail.

8.3 Communication with the User shall take place via the e-mail address provided at registration or through general announcements on the Site. Communication by e-mail shall be deemed equivalent to written communication. It is the User’s responsibility to keep their e-mail address up to date and to check the Site regularly for announcements.

8.4 The Courts and Enforcement Offices of Istanbul shall have jurisdiction over any disputes arising from this Agreement and its annexes.