Terms of Use

1.1. Parties - This Qlaritics User Agreement ("Agreement") is concluded electronically between Alnixa Teknoloji Limited Şirketi ("Company") on one side, and the natural or legal person ("User") accessing and/or using the services provided by the Company through the website www.qlaritics.com on the other side. The Company and the User shall be referred to individually as "Party" and collectively as "Parties".

1.2. Definitions - In this Agreement: Platform means the online software service operated through the www.qlaritics.com domain, user panels, management screens, and all related components; Service means cloud-based analysis, monitoring, reporting, data processing, classification, visualization, archiving, notification/alert and similar software services provided through the Platform; Account means the membership registration and associated authentication credentials created by the User to access the Platform; Content means all data, information, text, visuals, files, reports, records and similar elements entered, uploaded, processed, directed, obtained or produced through the Platform; Package/Plan means the plan/subscription structure determining the scope, features, limits, usage conditions and pricing model of the Service; Authorized User means users granted access to the Platform by the main account holder within corporate usage.

1.3. Acceptance and Binding Effect - By creating an Account, logging into the Platform, using the Service, or continuing to benefit from the Platform in any way, the User accepts, declares and undertakes that they have read, understood, and electronically accepted this Agreement and that the Agreement provisions are binding upon them.

1.4. Integral Parts of the Agreement - The Privacy Policy, GDPR/KVKK Disclosure Text, Cookie Policy published on the Platform, as well as usage rules, security policies, product guidelines, technical limits and announcements that may be published on the Platform are integral parts of this Agreement.

2.1. Subject - The subject of this Agreement is to determine the User's access to the Platform, use of the Platform, benefit from the Service, rights and obligations of the Parties, and usage conditions.

2.2. Service Scope and Delivery Method - The User accepts that the Service is not a physically delivered product, is provided online through the Platform, the scope of the Service may vary according to the Package/Plan, some features may be activated gradually, and technical requirements and usage limits may be determined by the Company.

2.3. Company's Right to Make Changes - The Company reserves the right to change, update, improve, add or remove features of the Platform and Service's scope, functions, interface, algorithms, reporting methods, security requirements, integrations, limits and/or usage method at any time without prior notice.

2.4. Usage Right - The usage right granted to the User on the Platform is a non-transferable, non-exclusive, non-sublicensable usage right limited to this Agreement and the Package/Plan.

3.1. Service Commencement - The provision/performance of the Service begins with the creation of the User account, definition of access authorization, and opening of the Platform for User use. The User's failure to actually use the Platform does not mean that the Service has not been provided or performed.

3.2. Access Conditions - Internet connection, compatible browser and necessary technical infrastructure for accessing the Platform are the User's responsibility. The User accepts that the Company is not responsible for problems arising from their own hardware, software, internet access, network security and connection quality.

3.3. Maintenance and Interruptions - The Company may temporarily restrict, suspend or temporarily disable some functions of the Platform in cases of maintenance, updates, security improvements or technical necessity. The Company endeavors to provide advance notification when possible; however, advance notification is not required in cases of urgent security risks and mandatory technical situations.

3.4. Security Measures - The Company may implement various technical/administrative measures for system security, data integrity, prevention of cyber attacks, protection of service quality and prevention of misuse; may activate session verification, transaction restrictions, rate limiting, suspicious login controls and similar mechanisms.

4.1. Accuracy of Membership Information - The User accepts that the information provided during membership is accurate, complete and up-to-date; and that they are obliged to update information changes without delay. All responsibility arising from the User providing incorrect, incomplete or outdated information belongs to the User.

4.2. Account Security and Confidentiality - The User is obliged to keep their login credentials, passwords and Account access tools confidential. All transactions performed through the Account are deemed to have been made by the User. The User accepts that they will immediately notify the Company upon discovering unauthorized use of the Account and will take necessary security measures.

4.3. Transfer and Sharing of Account - The Account is personal; the User cannot transfer, allow others to use, rent the account, or provide access to others unless authorized to create sub-users. The Company may request additional verification from the User in cases of suspicious use, terminate sessions, or temporarily suspend the Account.

4.4. User's Technical Responsibilities - The User accepts that they are obliged to ensure the security of devices accessing the Platform, take measures against malicious software, use secure network connections and take measures to prevent unauthorized access.

5.1. Declaration of Representation Authority - If the User uses the Platform on behalf of a company/institution/legal entity, they accept, declare and undertake that they are authorized to represent the relevant legal entity and to bind it within the scope of this Agreement.

5.2. Authorized Users - In corporate usage, the main User is exclusively responsible for the transactions and actions, access authorizations, scope of usage and results of Authorized Users defined by the main account holder User on the Platform.

5.3. Internal Disputes - Authority, access, content and usage disputes that may arise between the main User and Authorized Users do not bind the Company; the Company cannot be held responsible for these disputes.

5.4. Corporate Management and Authorization Removal - The Company may request additional security steps regarding the authorization model in corporate accounts within the scope of security and regulatory requirements; may request documents showing representation authority from the User when necessary.

6.1. Lawful Use - The User accepts that they will use the Platform in accordance with applicable legislation, this Agreement and the rules published on the Platform; and will not use the Platform for unlawful purposes.

6.2. Prohibited Uses - The User may not: perform reverse engineering, attempt to access source code, copy, reproduce, disassemble the Platform or Company infrastructure; attempt unauthorized access, test security vulnerabilities, attempt to damage systems; extract data with automated tools; send requests at an intensity that would negatively affect Platform performance with bots/scripts; create traffic to an extent that would prevent normal use of the Platform; attempt to bypass the Company's security measures; engage in spam, attack, manipulation, illegal content production or activities that would violate third party rights.

6.3. Fair Use and Limits - The Company may apply query/transaction/reporting/download limits, rate limitations and fair use rules on a Package/Plan basis for the sustainability, security of the Service and protection of other users' experience. The User accepts that the Service may be partially or fully restricted if the specified limits are exceeded.

6.4. Audit and Measures - The Company reserves the right to technically monitor Platform usage, detect suspicious activities, take measures it deems necessary for security, performance, regulatory compliance and prevention of misuse; to restrict access, temporarily suspend, request account verification or terminate the Agreement.

7.1. Third Party Dependencies - The Platform may contain integrations with various social networks, digital content sources, open data providers, analysis/monitoring services and similar third party systems. The User accepts that these systems are not under the Company's control and may be subject to third parties' own terms.

7.2. Policy and Technical Changes - Third party service providers' access policies, data limits, pricing models, service continuity, rate restrictions, API rules or technical structure changes may affect the Platform's operation. The Company has no responsibility if some features of the Platform do not work, are delayed or restricted due to such changes or interruptions.

7.3. External Source Interruptions - Malfunctions, maintenance work, access blocks, country restrictions, connection problems and similar situations that may occur in third party services may affect the performance of the Service. In such cases, the User accepts that they cannot make any compensation or claim from the Company due to the Company's inability to provide the Service.

7.4. Links and External Content - If redirections are made to third party websites, services or content on the Platform, the reliability, accuracy and legality of such content belongs to the third party; the Company has no responsibility.

8.1. Legality of Content - The User is exclusively responsible for the legality, accuracy, currency and having the right to use the Content entered, uploaded, processed or directed through the Platform. The User accepts that they are personally responsible for all claims, demands, damages and sanctions that may arise in case of violation of third party rights.

8.2. Rights Over Content - The User accepts, declares and undertakes that they have the necessary intellectual rights, permissions and authorizations over the Content provided to the Platform; and that the Content does not violate copyright, trademark, personality rights and other rights of third parties.

8.3. Content Audit and Disclaimer - The Company is not obliged to review, audit or verify User Content in advance. The Company may mediate the processing of content due to the technical operation of the Platform; however, cannot be held responsible for the nature or legal consequences of the Content.

8.4. Data Backup and Loss Risk - The Company accepts that while implementing reasonable security measures, no system may operate absolutely without interruption or without risk of data loss; the User is obliged to carry out their own data backup processes.

8.5. Use of Outputs - Reports, scores, summaries and outputs produced through the Platform are for informational purposes. The User accepts that the consequences of decisions and applications they make based on these outputs belong to them.

9.1. Ownership - Software, source code, interface, design, data model, algorithms, methodology, trademark, logo and all other intellectual products related to the Platform belong to the Company. No ownership transfer is made to the User under this Agreement.

9.2. Usage License - The usage right granted to the User is a non-transferable, non-sublicensable, non-exclusive license limited to this Agreement and the Package/Plan scope.

9.3. Prohibited Actions - The User may not copy, reproduce, convert to source code, reverse engineer, develop derivative products, resell, present to third parties as a Company product, or use in white-label or reseller model.

9.4. Trademark and Promotion - The Qlaritics name, logo, trademark elements and visual identity elements belong to the Company. The User may not use them for commercial purposes without the Company's written permission.

10.1. Processing of Personal Data - Personal data belonging to the User is processed in accordance with GDPR/KVKK Law No. 6698 and the Privacy Policy and KVKK Disclosure Text published on the Platform. The User declares that they have read the relevant texts and accept them together with this Agreement.

10.2. User's Data Controller Responsibility - The User may process personal data belonging to third parties while using the Platform. In this case, the User accepts that all obligations including disclosure obligation, explicit consent requirements and data security measures within the scope of GDPR/KVKK and related legislation belong to them.

10.3. Data Security Measures - The Company implements reasonable technical and administrative measures for the security of data processed on the Platform. However, the User accepts that absolute security cannot be guaranteed due to the nature of the internet and information systems.

10.4. Authorized Authority Requests - The Company may share necessary information and documents within the scope of legislation if properly requested by authorized administrative/judicial authorities; the User accepts that they will not hold the Company responsible in this regard.

10.5. Account and Technical Records - The Company may keep and process log records, transaction records and technical data in accordance with legislation for purposes of security, error detection, performance improvement, abuse prevention and system integrity protection.

11.1. Nature of Service - The Company provides the Platform and Service at its own discretion and technical capabilities. The Company does not guarantee that the Platform will be uninterrupted, error-free, continuously accessible or fully suitable for a particular purpose.

11.2. Maintenance and Updates - The Company may perform maintenance, updates, patches and improvements for the security and currency of the Platform. During these processes, access to the entire Platform or certain functions may be temporarily restricted.

11.3. Service Outputs and Responsibility - Reports, analyses and outputs produced by the Platform depend on data sources, processing methods and technical limitations. The User accepts that the responsibility for decisions they make based on these outputs belongs to them; the Company does not make any result commitment due to these outputs.

12.1. General Disclaimer - The Platform and Service are provided "AS IS" and "AS AVAILABLE" subject to mandatory liability cases arising from applicable legislation.

12.2. Exclusion of Indirect Damages - The Company cannot be held responsible under any circumstances, under any name, for indirect damages, loss of profit, loss of revenue, data loss, business interruption, loss of reputation and similar damages that may arise from the User's use or inability to use the Platform, benefit or inability to benefit from the Service.

12.3. Third Party Originated Cases - The User accepts that the Service may be affected due to system interruptions, policy changes and technical failures of third party service providers (social networks, data sources, API providers, etc.). The Company cannot be held responsible for disruptions arising from these cases.

12.4. Maximum Liability Cap - To the maximum extent permitted by applicable legislation; the Company's total liability under this Agreement is in any case limited to the total amount actually paid by the User for the Platform in the last twelve (12) months prior to the date of the event giving rise to liability.

13.1. Termination by User - The User may request Account closure through the methods provided on the Platform. In case of Account closure, the User accepts that they will not be able to access the Platform and benefit from the Service.

13.2. Suspension/Restriction by Company - The Company may temporarily restrict the User's access to the Platform or suspend the Account for purposes of security, performance, regulatory compliance, prevention of misuse or protection of Platform integrity.

13.3. Termination by Company - The Company may immediately terminate the Agreement without any notice period in cases of violation of this Agreement, unlawful use, suspicion of misuse, damage to the Platform, unauthorized access attempt or legal obligations.

13.4. Consequences of Termination - In case of termination of the Agreement or closure of the Account, the User's access to the Platform ends. The User accepts that they will not claim any compensation from the Company due to termination or access restriction.

14.1. Electronic Notification Principle - The Parties accept that notifications to be made under this Agreement will be made electronically as a rule. The Company may deliver its notifications by publishing announcements on the Platform and/or through the e-mail address registered in the User's Account.

14.2. Delivery of Notifications - The User accepts that notifications sent to the e-mail address registered in the Account will be deemed delivered at the time of sending.

15.1. Definition of Force Majeure - Inability to fulfill or delay in fulfilling obligations under this Agreement due to reasons beyond the reasonable control of the Parties, such as internet infrastructure interruptions, cyber attacks, system failures, power outages, natural disasters, war, legal regulations and similar reasons, is considered force majeure.

15.2. Result - The Company's inability to provide or delay in providing the Service in case of force majeure does not constitute a breach of contract; the Company cannot be held responsible for this reason. The obligations of the Parties remain suspended during the continuation of force majeure.

16.1. Update Authority - The Company may unilaterally update the provisions of this Agreement at times it deems necessary. The updated text enters into force as of the date it is published on the Platform.

16.2. Acceptance - If the User continues to use the Platform after Agreement updates, they are deemed to have accepted the current terms.

17.1. Company's Right to Assign - The Company may transfer all or part of its rights and obligations arising from this Agreement to third parties. The User accepts that they have given prior consent to such transactions.

17.2. User's Prohibition of Assignment - The User may not transfer their rights and obligations arising from this Agreement to a third party without the written consent of the Company.

18.1. Integrity - This Agreement, together with the texts on the Platform that are deemed integral parts of the Agreement, constitutes the entire agreement between the Parties.

18.2. Partial Invalidity - If any provision of the Agreement is found to be invalid or unenforceable, the other provisions remain valid.

19.1. Applicable Law - This Agreement is subject to Turkish Law.

19.2. Competent Court - Istanbul Anatolian Courts and Enforcement Offices are authorized for disputes that may arise from this Agreement, subject to the mandatory provisions of applicable legislation.

The User accepts, declares and undertakes that they have read and understood the provisions of this Agreement, accepted them of their own free will, and that the Agreement enters into force with their commencement of using the Platform.