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User Service Agreement

1. Parties

  • 1.1. With this agreement, the terms and conditions specifying the use of the website operating at the internet address https://www.3dentlab.com, which belongs to HANZADE BİLİŞİM HARİTA MÜHENDİSLİK VE MÜTEAHHİTLİK LİMİTED ŞİRKETİ (hereinafter referred to as HANZADE BİLİŞİM) and the 3DentLab Mobile Application (the website and mobile application collectively referred to as the Application) and the services to be provided during this period (hereinafter referred to as Services) are deemed to have been signed between HANZADE BİLİŞİM and the individual/entity whose details are recorded during the Customer registration (hereinafter referred to as the Customer).
  • 1.2. The parties declare, accept, and undertake the accuracy of the information written in this agreement.

2. Subject

  • 2.1. This agreement regulates the sections permitted or prohibited for the Customer on the Application based on the information provided during the registration process, the fees to be paid to HANZADE BİLİŞİM for the services received, and the rights and obligations arising from the service relationship between the parties. The descriptions of these services and transactions are as follows:
  • 2.2. Membership information consists of the details entered by the Customer and other users of the Application during the registration process. These details are assumed to be accurate, complete, and correct as they will be the basis for transactions.
  • 2.3. HANZADE BİLİŞİM may require the sharing of communication details such as email and mobile phone numbers during registration, purchase, or similar processes to send notifications, newsletters, or apply security protocols like account verification. Verification methods such as confirmation codes may be requested, and these approval processes can be mandatory for using the services.
  • 2.4. HANZADE BİLİŞİM may send notifications or newsletters related to its services to the Customer and other users of the Application using the communication information shared during registration.
  • 2.5. HANZADE BİLİŞİM undertakes to provide access to the Application for the Customer and other users permitted by the Customer, based on an agreed monthly or annual payment plan, for a period agreed upon by both parties, provided that all payments are made completely and on time.

3. Responsibilities

  • 3.1. The fees to be paid according to the agreed monthly or annual payment method, including VAT differences and the total amount to be paid, will be communicated by HANZADE BİLİŞİM.
  • 3.2. The necessary steps to initiate the service will be jointly carried out by HANZADE BİLİŞİM and the Customer following the completion of the customer registration, agreement on the payment plan, and creation of administrator role accounts. The responsibility for the relevant accounts and passwords lies with the Customer, who will be liable for any damage or loss arising from these issues.
  • 3.3. The Customer undertakes to comply with the declarations and warnings received from HANZADE BİLİŞİM within the scope of the service received. The Customer declares, accepts, and undertakes to comply with any notifications or warnings published by HANZADE BİLİŞİM during the service period. The Customer cannot distribute or sell to third parties, either paid or free, or limited or unlimited, any services provided to them, either paid or free, or limited or unlimited.
  • 3.4. Any live support conversations, support requests, emails, phone calls, and all written and verbal communications between the Customer and HANZADE BİLİŞİM are private and confidential. They cannot be shared without the permission and approval of HANZADE BİLİŞİM.
  • 3.5. The Customer undertakes not to access files or programs to which they do not have access rights, using the software and programs included in the service, not to cause any problems due to such issues, and to compensate for any damages in case of problems and issues.
  • 3.6. The Customer accepts and undertakes to bear any taxes, fees, and similar obligations that are in effect during the use of the services or that come into effect during the term of the agreement.
  • 3.7. The Customer is responsible for all files, documents, and data hosted within the service, and for all transactions they will use and benefit from. The Customer accepts and undertakes to bear all legal and criminal liabilities that may arise from the illegality of the said data, information, and declarations. HANZADE BİLİŞİM cannot be held liable for any issues that may arise in this regard. HANZADE BİLİŞİM does not review, verify, or assume any responsibility for the files and data shared via the Application as part of the provided service, either before or after they are sent. HANZADE BİLİŞİM may terminate user accounts for violating these guidelines or for any other reason it believes to be harmful to itself or its users. HANZADE BİLİŞİM reserves the right to delete any illegal information and actions without notifying the Customer upon learning of them.
  • 3.8. HANZADE BİLİŞİM cannot be held responsible for any material or moral damages arising from the content of customer data and files, their incorrect/malicious use, or any information and messages sent and received within the Application. The backup and storage obligations of all data belong to the Customer. HANZADE BİLİŞİM cannot be held responsible for any errors, material or moral damages that may occur in the event of interruptions or data loss in its services.
  • 3.9. HANZADE BİLİŞİM's liability for the services provided is limited to the monthly fee for the service received. In case of any disruptions, problems, and damages in the services, the compensation claim cannot exceed the monthly fee of the service. The Customer also declares and accepts the following provisions:
  • a. HANZADE BİLİŞİM will be liable to the Customer for any direct and foreseeable losses and damages caused by HANZADE BİLİŞİM. If HANZADE BİLİŞİM does not comply with these Contract terms, it will be liable for any loss or damage that the Customer incurs as a direct and foreseeable result of HANZADE BİLİŞİM's breach of this Contract or its failure to use reasonable care and skill, but not for any indirect or unforeseeable loss or damage. If the damage includes a series of related events, they will be considered a single event under these provisions.
  • b. HANZADE BİLİŞİM does not limit its liability to the Customer in an unlawful manner. This includes, but is not limited to, liability arising from death or personal injury caused by the negligence of HANZADE BİLİŞİM or its employees, agents, or subcontractors, or from fraud or fraudulent misrepresentation.
  • c. HANZADE BİLİŞİM is not liable for any commercial losses that the Customer may incur. If the Customer uses the Application for any commercial or professional purpose or for resale, HANZADE BİLİŞİM will not be liable to the Customer for any loss of profit, loss of business, business interruption, or loss of opportunity.
  • d. HANZADE BİLİŞİM will not be liable for any direct or indirect loss or damage caused by any virus, Trojan horse, or other disabling devices affecting the services or systems, regardless of whether they are within HANZADE BİLİŞİM's control or not, resulting from the Customer's failure to adequately protect their system.
  • e. As the parties to this Contract, the Customer and HANZADE BİLİŞİM expressly acknowledge that any third parties who may have the right to enforce the Contract terms will not be entitled to do so as if they were a party to the Contract.
  • 3.10. HANZADE BİLİŞİM will exercise the necessary care and diligence to keep the Customer's backups regularly, but it cannot be held responsible for any data loss that the Customer may suffer due to problems in this regard. The Customer is obliged to regularly save their data.
  • 3.11. HANZADE BİLİŞİM specifies the special terms of use for the services provided on the dedicated web page for the product and service. Users are deemed to have accepted these terms upon purchasing the services.
  • 3.12. HANZADE BİLİŞİM, vermiş olduğu ürün ve hizmetlerde zaman içinde değişikliğe gidebilir.
  • 3.13. The Customer is obliged to use the services they have obtained in a manner that does not harm other users. HANZADE BİLİŞİM may warn the Customer to rectify such uses or suspend the service temporarily without notice if such uses are detected.
  • 3.14. The Customer continues to use the service under the condition that all resources specified as Unlimited are used in good faith and in accordance with the general terms of use. In cases of excessive use of application resources or use beyond their intended purpose, HANZADE BİLİŞİM may warn the Customer to rectify the situation or suspend the service temporarily without notice.
  • 3.15. Regardless of the content and scope of the product and service used, HANZADE BİLİŞİM may decide to terminate the service without any condition. In this case, the remaining balance of the service and product will be refunded to the user. If the Customer does not accept the refund process or does not respond to the relevant notifications, the relevant balance will be credited as a positive balance to the account.

4. Duration

  • 4.1. The rights and obligations specified in this agreement shall commence upon the submission of the Customer’s registration information and documents, and the initial payment to HANZADE BİLİŞİM.
  • 4.2. The duration of the Agreement is the payment period agreed upon by the Customer during the order for the relevant service.

5. Fee

  • 5.1. The fee to be paid for the services specified in this agreement is the amount agreed upon by the Customer, calculated based on the usage intensity of the Application, and stated during the Customer registration process. The specified fees include VAT, which is added later and communicated to the Customer for collection.
  • 5.2. Due to inflation, material cost price increases related to HANZADE BİLİŞİM’s suppliers, and/or any changes resulting from any law or regulation, HANZADE BİLİŞİM reserves the right to change prices at any time with a 10-day notice. The Customer has the right to evaluate the price change within the 10-day notification period. If the Customer does not accept the price change, they have the right to terminate the Agreement unless the price change is favorable to the Customer.
  • 5.3. The Customer is obliged to make the monthly or annual payments agreed upon in the payment plan specified during the order, within 5 business days from the agreed payment date or, if there is no agreement on the payment date, from the first day of the month/year of usage, to the bank account numbers specified in the Customer contact address or by hand to HANZADE BİLİŞİM.
  • 5.4. In case of late payment, HANZADE BİLİŞİM reserves the right to issue a late payment invoice.
  • 5.5. HANZADE BİLİŞİM reserves the right to close or open the related service until the Customer completes the payment process.
  • 5.6. The Customer is obliged to inform HANZADE BİLİŞİM about the payments for the services received, regardless of the payment method. The notification must clearly specify the name of the product or service paid for and the payment method.

6. Suspension

  • 6.1. Due to payment problems, technical issues in bank transactions, authorization issues, or matters related to obligations and responsibilities, HANZADE BİLİŞİM reserves the right to stop all or part of the services provided to the Customer.

7. Termination

  • 7.1. If the Customer fails to fulfill their responsibilities and commitments under any provision of this agreement or if it is determined that the information declared during the Customer registration is incorrect, HANZADE BİLİŞİM has the right to unilaterally terminate the agreement without any notice if the suspension condition mentioned above continues for more than 7 days.
  • 7.2. After such termination, the Customer agrees, accepts, and undertakes that they cannot request a refund of the last contract fee paid regardless of the remaining period, and will pay a commercial penalty equal to the prevailing contract fee at the termination date.

8. Communication and Information Addresses

  • 8.1. The parties accept, declare, and undertake the addresses specified by the Customer during registration and on the HANZADE BİLİŞİM website as the legal notification addresses for any notices arising from this agreement.
  • 8.2. Any notice sent to these addresses will be deemed delivered even if it does not reach the parties. Changes to these addresses will be valid only if notified to the other party in writing.
  • 8.3. During the term of the Agreement, HANZADE BİLİŞİM may send messages, information, documents, notices, payment notifications, account movement schedules, and account statements to the electronic mail address assigned to the Customer. The Customer accepts, declares, and undertakes that they cannot claim that they did not receive or that it did not reach them and will be legally notified.

9. Default in Payment

  • 9.1. If the Customer does not make the payment within 5 business days following the agreed payment date for the services received, the Customer will be considered in default. In this case, HANZADE BİLİŞİM may request a monthly 7% late fee from the invoice date. The Customer accepts and agrees to pay this late fee invoice.
  • 9.2. For any receivables arising from this agreement, the Customer agrees, accepts, and undertakes to pay HANZADE BİLİŞİM a monthly 7% late fee, a penal fee equivalent to the remaining debt amount, 10% for Attorney’s Fee, and all other legal expenses if HANZADE BİLİŞİM initiates a lawsuit or enforcement proceedings.
  • 9.3. If the Customer applies to legal authorities for Precautionary Attachment and Precautionary Measures for the collection of receivables arising from this agreement, HANZADE BİLİŞİM is entitled to request Precautionary Attachment and Precautionary Measures without collateral. However, if the courts request collateral, the Customer will pay the commissions and all fees arising from the bank guarantees and will not object to these matters.

10. Personal Data Protection

  • 10.1. In the implementation of this Agreement, the definitions stated in the Personal Data Protection Law ("PDPL") No. 6698 and its secondary regulations shall apply.
  • 10.2. The Parties acknowledge, declare, and undertake that they will process and transfer personal data in accordance with the PDPL and its secondary regulations, as well as the principles and decisions of the Personal Data Protection Authority ("Authority").
  • 10.3. The Customer acknowledges, declares, and undertakes that, in cases where personal data is transferred to HANZADE BİLİŞİM within the scope of any relationship with HANZADE BİLİŞİM, it will fulfill all obligations, especially the obligation to inform and obtain explicit consent from the relevant individuals, in a verifiable manner in accordance with the personal data protection legislation in force (including the decisions of the Personal Data Protection Board ("Board")), that these obligations will cover the data processing processes specified in the information and explicit consent texts presented to it by HANZADE BİLİŞİM at the time of approval of this Agreement, and that it will provide records proving the fulfillment of these obligations to HANZADE BİLİŞİM upon request.
  • 10.4. HANZADE BİLİŞİM may transfer the personal data transferred to it by the other Party to service providers, third parties it collaborates with, and similar third parties, adhering to data security measures, limited to the purpose of use and fulfilling legal obligations.
  • 10.5. The Customer acknowledges, declares, and undertakes that it is responsible for ensuring the secure transfer of personal data to TURHOST, and in this context, while providing the transfer of personal data, it will prevent the unlawful processing of personal data, prevent unlawful access to personal data, and ensure the preservation of personal data, and that it is obliged to take all necessary technical and administrative measures in this regard.
  • 10.6. HANZADE BİLİŞİM acknowledges, declares, and undertakes that it will take all necessary technical and administrative measures to prevent the unlawful processing of personal data transferred to it, prevent unlawful access to personal data, and ensure the preservation of personal data.
  • 10.7. In the event of unauthorized access, a cyber-attack, or similar data security breach to the personal data transferred to it by the other Party, the Parties acknowledge, declare, and undertake to notify the other Party in writing immediately and in any case within 24 (twenty-four) hours, to cooperate with the other Party to minimize and remedy the damages arising from such an event, and to provide any information, documents, and support requested by the other Party without delay.
  • 10.8. The Parties shall notify the other Party in writing within 48 (forty-eight) hours of any legally binding request from a judicial authority for the disclosure of personal data. In this context, the Parties acknowledge, declare, and undertake to take all measures to ensure that the other Party complies with its legal obligations and to proceed in cooperation with the other Party, providing the information and documents requested by the other Party.
  • 10.9. The Parties acknowledge, declare, and undertake to act in accordance with all regulations, procedures, and principles in force regarding the protection of personal data, especially the PDPL and the decisions of the Personal Data Protection Board, in terms of Personal Data Processing under this Agreement.
  • 10.10. The Parties shall notify the other Party in writing within 48 (forty-eight) hours of any request directed to them by the relevant individual regarding data processing processes within the scope of the legal legislation, and provide the necessary support to the other Party to respond to the requests of the relevant individuals in a proper manner.
  • 10.11. According to the relationship between the Parties, HANZADE BİLİŞİM is the data processor, and the Customer is the data controller. Article 3.9. remains reserved.
  • 10.12. In the event of any damage suffered by HANZADE BİLİŞİM due to the Customer's violation of the provisions of this Agreement, the PDPL and secondary legislation, and the principles and decisions of the Authority, the Customer acknowledges, declares, and undertakes to compensate for the damages that will arise for HANZADE BİLİŞİM, and in this context, HANZADE BİLİŞİM reserves its right of recourse.

11. Confidentiality

  • 11.1. Information that is explicitly stated in writing by any of the Parties as confidential or should be considered confidential including the Customer's or (as appropriate) HANZADE BİLİŞİM's business, operations, financial information, properties, assets, trade practices, Goods/Services, investments, trade secrets, Intellectual Property Rights, know-how, personnel and information about the Customer's customers shall be considered "Confidential Information" regardless of how it is transmitted or stored.
  • 11.2. HANZADE BİLİŞİM shall not share or transfer the personal and corporate information belonging to the Customer, personal and corporate information hosted in the Application via the Customer, and Confidential Information within the scope of the definition above with other customers with whom it has a commercial relationship or with any party in a manner that would be contrary to the commercial interests of the Customer.
  • 11.3. The Parties shall take all necessary measures to ensure the Confidential Information recorded within the scope of this Agreement or in connection with this Agreement is used in the following manner:
  • a. The Parties are responsible for sharing information only with their personnel, professionals, consultants, and advisors consulted in connection with the performance of this Agreement, and only to the extent necessary for the performance of this Agreement.
  • b. The Parties are responsible for ensuring that the information classified as Confidential Information is kept confidential and is not disclosed or used outside the purposes of this Agreement by the Party or any member of its personnel, professional consultants, and advisors without the prior written consent of the other Party.
  • 11.4. HANZADE BİLİŞİM shall ensure that all members of its team or professional consultants and advisors are aware of the confidentiality obligations under this Agreement.
  • 11.5. The provisions of Articles 11.1, 11.2, 11.3, and 11.4 shall not apply to any Confidential Information that:
  • a. becomes public or is already public without breaching this Article;
  • b. was in the receiving Party's possession without restriction in relation to disclosure before the disclosing Party provided it;
  • c. is received from a third party legally without any obligation of confidentiality;
  • d. is required to be disclosed by law, legal or regulatory obligation, or political necessity.
  • 11.6. In the event of a breach of the provisions under the Confidentiality heading, the Parties reserve the right to terminate this Agreement immediately by written notice.
  • 11.7. The provisions under the Confidentiality heading of this Agreement shall remain in effect after the termination of this Agreement for any reason.

12. Acceptable Use - Code of Conduct

  • 12.1. The following situations or reasonable suspicions arising from such uses by the Customer and/or the Customer's network and/or service users shall be considered unacceptable/unauthorized use under this Agreement. Unauthorized use shall be considered a fundamental breach of this Agreement, including HANZADE BİLİŞİM's General Terms of Use and corporate policies and agreements on its website. In such cases, HANZADE BİLİŞİM shall have the right to terminate this Agreement immediately, with immediate effect, by providing written notice and without any obligation to pay compensation and/or suspend the services provided to the Customer. The Customer agrees not to use the services to store or distribute data that:
  • a. contains or references malicious content (such as viruses, malware, or other harmful software);
  • b. infringes on the rights of third parties (such as Intellectual Property Rights) or is defamatory, harmful, threatening, harassing, discriminatory, hateful, or otherwise objectionable;
  • c. constitutes or facilitates criminal or fraudulent conduct;
  • d. contains links, files controlling data transfer (torrent), or references (or their repositories) that infringe on intellectual property rights;
  • e. contains any pornographic material that constitutes a crime or is understood to assist or facilitate others in finding such material;
  • f. violates the privacy of third parties, including but not limited to the processing of third parties' personal data without consent or other legal grounds;
  • g. contains unsolicited, unauthorized, or illegal advertising, promotional materials, spam, and junk mail; or
  • h. obstructs other customers or third parties of HANZADE BİLİŞİM or damages the systems or networks of HANZADE BİLİŞİM or third parties (for the avoidance of doubt, the Customer shall not run processes or programs that it knows or should know obstructs or damages HANZADE BİLİŞİM or third parties).

13. Force Majeure

  • 13.1. Force majeure shall include but not be limited to failures or errors in the internet, data, network, electricity, and telecommunications infrastructure and facilities, widespread cyber-attacks, cyber crimes, network attacks, (D)DoS attacks (Denial of Service Attacks), SQL Injection attacks (running unwanted database queries on the database), power outages, defects in products or software provided for the Customer's use, defects arising from the use of third-party libraries, any natural disaster, lightning or fire, internal disturbances, government measures, mobilization, war, terrorist attacks, obstruction of transportation, strikes, lockouts, work interruptions, supply slowdowns, absenteeism due to illness of one or more personnel, epidemics, pandemics, import and export barriers.
  • 13.2. In case of delay or failure to perform due to a force majeure event, and to the extent caused by such force majeure event, the party affected by the force majeure event shall not be deemed to have breached this Agreement due to the delay or failure to perform any of its obligations under this Agreement, and shall not be liable to the other party. The performance period of the party affected by the force majeure event shall be extended in proportion to the duration of the force majeure event. This clause does not apply to any due and unpaid amounts.
  • 13.3. If the force majeure event continues uninterrupted for a period exceeding one (1) month from the date it commenced, the other party may terminate this Agreement without compensation by giving written notice to the party affected by the force majeure event. The termination notice shall specify a termination date, which shall be no less than seven (7) days from the date of the notice. Upon a valid termination notice, this Agreement shall terminate on the specified termination date.

14. Authorized Courts and Enforcement Offices

  • 14.1. This agreement consists of 15 articles and sub-articles and has been read, understood, and signed by the parties. (Signing is considered to have taken place when the Customer registers as a customer and the user in the administrator role logs into the Application and starts using the Application). HANZADE BİLİŞİM reserves the right to add, remove, or modify any articles and/or sub-articles as deemed necessary. The Customer declares and undertakes that they have accepted these changes in advance.
  • 14.2. In the resolution of any disputes arising during the implementation of this agreement, Tekirdağ Courts and Enforcement Offices are authorized.

15. General Terms of Use

  • 15.1. The articles in the General Terms of Use apply to all services provided, along with the User Agreement.

Last Revision Date: 25.06.2024