MAPPERX

USER AGREEMENT AND PRIVACY POLICY

USER AGREEMENT

This User Agreement has been drafted between BİRİZ GLOBAL TEKNOLOJİ LTD. ŞTİ. and the individual registered as a user on the website located at mapperx.com in relation to the User’s use of the Website and Application. It is effective as soon as it is approved by the User in the electronic environment where the Website and Application are located.

1. DEFINITIONS

In this Agreement, the following terms have the meanings given below:

“MAPPERX” refers to BİRİZ GLOBAL TEKNOLOJİ LTD. ŞTİ.

“Content” refers to any data, information, files, images, numbers, visual, literary, and auditory images available on or accessible through the Website and/or Application,

“User” refers to all natural and legal persons who are capable of exercising their civil rights and who accept the terms of the Agreement to use the Contents, applications, and Services available on the Website solely for their own internal needs,

“Service” refers to the business application service(s) to be provided by MAPPERX to the User through the Website and Application, either paid or free of charge, under the conditions specified on the Website and Application,

“Agreement” refers to this User Agreement,

“Parties” refers to MAPPERX and the User,

“Application” refers to the cloud-based pv panel inspection software developed by or for MAPPERX, the financial/copyright or commercial distribution rights of which belong to MAPPERX, and which is accessed via the Website or mobile devices,

“Website” refers to the domain name mapperx.com and other subdomains accessible from it, as well as other websites where MAPPERX provides services as specified in the Agreement.

“Data Centers”: Refers to the hosting sites/premises, whether domestic or foreign, that have a hosting service provider certificate, belonging to MAPPERX or Third Parties, where the Website, Application, Content, and/or User data will be hosted so that the User can benefit from this Service.   

“Service Providers” Refers to the Third Parties, domestic or foreign, who professionally carry out some of the Services under this Agreement, and who have the necessary certifications where required by legislation.

“Third Party” Refers to any natural person, individual or corporate entity, institution, organization, foundation, association, and similar entities capable of legal action, other than the Parties to this Agreement.

“Third Party Software” refers to any software product owned by Third Parties.

“Intellectual Property Rights” Refers to all types of patents, copyrights, trademarks, and/or other intellectual property rights, including but not limited to the rights of associated documentation.

2. SUBJECT AND SCOPE OF THE AGREEMENT

2.1.  This Agreement regulates the terms and conditions related to the User’s benefit from the cloud-based pv panel inspection software accessed via the Website and Application, as well as the rights and obligations of the Parties concerning the data uploaded to the Website and Application.

2.2.  This Agreement will come into effect upon the User’s acceptance by checking the box “I have read and agree to the User Agreement and Privacy Policy.” in the electronic environment and/or upon the use of the Application. It will remain in effect unless terminated by the Parties in accordance with the procedures specified in the Agreement. By accepting this Agreement, the User acknowledges and declares that the information provided by them will be used in providing the Services available on the Website and Application.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The User acknowledges, undertakes, and declares that they are aware that they must approve this Agreement to use the Application and that they have provided the information requested by MAPPERX completely, accurately, and up-to-date. If any changes occur in the information provided during the creation of the User account, the User will immediately update the said information. MAPPERX bears no responsibility for any inability to access the Website or Application due to the provision of incorrect, incomplete, or outdated information by the User and/or any damages that may arise as a result.

3.2. The User declares that they have the legal capacity required to enter into this Agreement and that they are over 18 years of age. Otherwise, all transactions performed will be invalid.

3.3. The User agrees and undertakes to use the Website and Application only for lawful purposes and to comply with this Agreement, its attachments, the applicable legislation, and other terms and conditions stipulated on the Website. The User may use the Application and Website on behalf of Third Parties as long as they are authorized to provide services to Third Parties. In this context, the User will ensure that the said persons also comply with this Agreement and all other terms applicable to the User.

3.4.  The User is entitled to establish a single account, and it is prohibited for the same User to open a second account following the suspension or termination of the said account by MAPPERX. MAPPERX reserves the right to refuse to open a User account at its sole discretion without providing any reason.

3.5.  Access to the Website will be carried out by the User using their email address (or username) and password. All activities carried out using this information on the Website will be deemed to have been performed by the User, and the User is responsible for the confidentiality and security of this password and for not sharing it with anyone. The User is solely responsible for all activities carried out using this password and for any legal and criminal liability arising therefrom. The User is obliged to immediately notify MAPPERX as soon as they become aware of any unauthorized use of the password or any other breach of security.

3.6.  The User may authorize a third person (“Authorized User”) to use the Application. The User will determine who the Authorized User is and the authorities within the scope of the Application. The User may change the Authorized User’s level of access to the Website and Application or cancel their access at any time and without reason. In case of a dispute between the Authorized User and the User regarding access to the Website and Application, the decision regarding the Authorized User’s access authority to the Website, Application, or Content will be made by the User.

3.7.  The User accepts, declares, and undertakes that they own all rights and responsibilities regarding any Content uploaded to the Website and Application to benefit from the Services under this Agreement. MAPPERX has the right to use the Content within the scope of the service provided by the User under this Agreement. MAPPERX has no responsibility regarding the loss or damage caused by the Content or the loss or damage resulting from the Content. The User accepts and declares that MAPPERX has no responsibility for any loss, damage, or harm that may occur in this context, including the loss of data.

3.8. The User agrees not to use the Website and Application in a way that will hinder or harm MAPPERX’s and Third Parties’ computer and network systems, software, devices, or the operability of these or the benefit of other users who use them.

3.8.1 The User agrees not to upload any unlawful Content to the Website and Application and not to provide unauthorized access beyond the access scope granted to them,

3.8.2.  The User agrees not to copy, modify, reproduce, adapt, create the source code for, or engage in reverse engineering of the computer programs and software used in the operation of the Application and Website.

3.9.  The User is solely responsible for all Content uploaded to the Application. MAPPERX does not guarantee that there will be no loss of Content. MAPPERX is not responsible for any loss of Content that may arise in any way.

3.10.  The User accepts that the use of the Application may be subject to limitations, including storage capacity and the number of transactions per month. These limitations will be specified within the Application.

3.11. In case of technical problems related to the Application, the User will make reasonable efforts to identify and resolve the problem before contacting MAPPERX. If the User’s need for technical support continues, the necessary support will be provided via the Website, Application, or other appropriate channels.

3.12. The User agrees, declares, and undertakes to use any communication tools provided through the Website only for lawful purposes that do not harm MAPPERX and Third Parties.

3.13.  MAPPERX reserves the right to revise this Agreement and its attachments at any time without prior notice, and the relevant changes will come into effect upon the User’s next use of the Website and/or Application.

3.14.  MAPPERX may suspend the User’s membership or terminate the Agreement and close the User’s account in case of the User’s violation of the provisions of this Agreement and the conditions specified on the Website. MAPPERX reserves the right to claim any damages arising from such a violation from the User.

3.15.  The information and data shared by the User with MAPPERX will be stored and used under the “Privacy Policy,” which is an appendix to this Agreement. The User accepts and declares that MAPPERX may share the User’s information with the relevant authorized authorities upon request from the competent authorities following the applicable legislation. MAPPERX may record, process, utilize, and use the User’s information for security purposes, fulfilling its obligations, and conducting certain statistical evaluations.

3.16.1. The User is solely responsible for obtaining the necessary explicit consents from the relevant individuals for processing and transferring personal data belonging to Third Party individuals to whom they may transmit information under this Service to Third Parties within the country and abroad, and/or for confirming that the necessary conditions have been met, and the User is the Data Controller; MAPPERX is merely the Data Processor acting according to the User’s instructions and requests. The User will be responsible for any claims and demands that may arise from Third Parties due to non-compliance with this clause and failure to obtain the necessary permissions, and will indemnify MAPPERX from all claims.

 

3.16.2. If applicable, the preconditions necessary for accessing the Service and for the Service to work with Third Party Software are announced on MAPPERX’s corporate website. The User is solely responsible for meeting these conditions.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

4.1.  The intellectual property and/or commercial license rights over the Website and Application, which are the subject of this Agreement, belong to MAPPERX and are protected by the provisions of the Intellectual and Artistic Works Law, Turkish Penal Code, Industrial Property Law, and Turkish Commercial Code. The User does not have the right to modify or alter the Website and Application. In case of modification or alteration of the Website and Application contrary to this clause, all rights, including the intellectual property rights of the modified, altered Software, will belong to MAPPERX.

4.2.  Under this Agreement, the User is granted a non-transferable, non-exclusive, and worldwide simple license to use the Website and Application for their internal purposes. MAPPERX reserves the right to provide the same and similar services to Third Parties and to use the “financial/copyright rights” over the Application as it deems fit. The right granted to the User in this Agreement does not impose any limitations on MAPPERX’s rights, including its Intellectual Property rights, to use them as it deems fit.

4.2.1. The User grants MAPPERX the right to use, copy, transmit, and store the information and Content provided by them under this Agreement for providing the services and other purposes. MAPPERX has the right to sublicense the Content to Third Party developers to provide the services.

4.3. The User may not copy, modify, reproduce, transform into source code, engage in reverse engineering, disrupt the order and functioning, copy the structural features, and/or disclose any part of the Application and Website, or use them for any purpose other than the contractual purpose for their own account or allow Third Parties to use them.

4.4. The User will not use MAPPERX’s and/or its affiliated company(s)’ commercial titles, trademarks, logos, etc., in any way.

5. FINANCIAL PROVISIONS

5.1.  The Services covered by this Agreement may be provided to the User either paid or free of charge upon their request. Although the scope of the paid and free Services can be accessed through the Website, these Services will be provided under the following conditions:

5.1.1. Paid Usage

5.1.1.1 The User will benefit from the services covered by this Agreement, provided that they fully and completely pay the fees under the terms and conditions specified on the Application and Website.

5.1.1.2 The fees, payment terms, and effective dates of the fees for the services covered by this Agreement will be announced in the relevant sections of the Application and Website. The User has the right to top up the system at their discretion. In case of termination of the Agreement or membership for any reason, no refund will be made.

5.1.1.3 MAPPERX will send an invoice for the usage fees related to the order at the beginning of the order to the communication address provided by the User.

5.1.1.4 The User accepts that MAPPERX or Third Parties approved by MAPPERX may store the User’s credit card and payment information to perform membership and payment transactions or to implement bank integration and relevant updates.

6. WARRANTY AND LIABILITY LIMITATIONS

6.1. MAPPERX takes maximum care to ensure that the Application is substantially consistent with the digital documentation provided. MAPPERX does not claim or guarantee that the Application is flawless, error-free, perfect, or that it will fully meet the User’s special needs and/or expectations. The User must accept the Application as is. MAPPERX does not provide any special warranty, explicit or implied, including but not limited to performance, suitability for a specific purpose. The benefits and risks of using the Application belong to the User.

6.2. The Application may contain information and parameters obtained from websites operated by Third Parties. MAPPERX does not warrant or guarantee the accuracy or security of such information and parameters under any circumstances. The User must verify the accuracy of the relevant Third Party content and the data, reports, and similar information prepared based on such content.

6.3. The license and warranty terms of the Third Party software included in the Application are subject to their original license agreements/terms. MAPPERX does not provide any warranty, explicit or implied, regarding the performance, suitability for a specific purpose, or any other aspect of the Third Party software. The User will comply with the license and warranty terms of the Third Party software.

6.4. MAPPERX is not legally responsible for (i) errors and losses in the data (ii) errors arising from voltage fluctuations and power outages, virus infections, internet lines, and similar environmental factors; (iii) training on Application usage and on-site support services; (iv) form and report design by the User; (v) misuse or use of the Application in violation of the legislation; (vi) negligence and faults of Service Providers and Data Centers; (vii) hardware, operating system, remote access network, and communication network (network) designs, failures, interruptions, and connection errors; (viii) database software and other software errors not belonging to MAPPERX, Third Party software. The User will be jointly and severally liable to MAPPERX for the negligence and faults of their employees.

6.5. Except in cases of gross negligence by MAPPERX, the liability of MAPPERX related to any material or moral damages, losses, and/or claims that may arise due to the use of the Application and this Agreement is limited to the “Service Fee” paid, if any, for the last order purchased by the User. MAPPERX is not liable for any financial consequences, indirect damages such as data loss, profit-loss, special damages, and/or consequential damages.

7. TERMINATION

7.1.  If the User is using the Services free of charge, they have the right to terminate the Agreement at any time, and the User will only have access to the Website and Application as of the termination date but will not benefit from the Services.

7.2.  If the User is using the Services for a fee, they do not have the right to terminate the Agreement before the service period ends. In case the User terminates this Agreement for any reason, they have no right to claim a partial or full refund of the Service Fee paid to MAPPERX. Even if the User has terminated this Agreement, they will be able to benefit from the Services for the duration of the service period they have paid for. The User will only have access to the Website and Application as of the end of the service period but will not benefit from the Services.

7.2.  MAPPERX may suspend, halt, and/or terminate the membership service and/or this Agreement at any time during the term of the Agreement, by notifying the User via email and/or announcing it on its corporate website.

7.3.  MAPPERX may immediately terminate this Agreement without notice if the User’s account is inactive for three (3) months.

8. FORCE MAJEURE

8.1. Definition and Effects of Force Majeure: If a force majeure event (such as natural disasters, war situations, unforeseeable and unavoidable events such as internet and energy interruptions) occurs and this situation prevents the User or MAPPERX from fulfilling their contractual obligations, this means that the parties will not be deemed to have defaulted due to the failure to fulfill obligations. The parties have also accepted a broader definition of force majeure than what is provided by law.

8.2. Obligations and Notification: In the event of force majeure, the affected party must immediately notify the other party of the situation, make reasonable efforts to eliminate the causes of non-performance due to the force majeure, and immediately fulfill their obligations once the force majeure is removed.

8.3. Termination of the Agreement and Claims for Compensation: If the force majeure situation lasts longer than two months, either party may terminate the agreement without compensation. Due to force majeure, the parties cannot make any claims for damages against each other.

9. MISCELLANEOUS PROVISIONS

9.1.  Entire Agreement: The waiver, cancellation, invalidity, or modification of any provision of the Agreement does not imply the cancellation of the entire Agreement.

9.2.  Assignment: The User may not assign or transfer their rights and obligations under the Agreement to Third Parties in whole or in part without prior written consent from MAPPERX. Such transfers will not be binding on MAPPERX. MAPPERX reserves the right to transfer its rights and obligations under the Agreement to Third Parties who are its equity participants or shareholders.

9.3.  Agreement on Conclusive Evidence: In case of disputes, the email correspondences between the Parties and the electronic records kept by the Data Centers of the Software will constitute conclusive evidence.

9.4.  Exercise of Rights: Failure to exercise any right under this Agreement within the specified time does not mean that the right has been waived.

9.5.  Jurisdiction: The Central Courts and Enforcement Offices of Ankara are authorized to settle any disputes arising from this Agreement. Turkish law applies to disputes. The interpretation of the expressions in this Agreement will take into account the Intellectual and Artistic Works Law.

9.6.  Notifications: All warnings and notifications related to this Agreement will be sent to the email address provided by the User during activation or otherwise communicated to MAPPERX. The User cannot claim that the notification was received by unauthorized persons. Notifications made to this email address are legally valid. Even if the notifications are returned, the Parties agree that they will have the same legal effect as a valid notification. Announcements made on the corporate website of MAPPERX are also considered notifications.

 PRIVACY POLICY

  10. GENERAL

Your use of this Website and its content services (“Services”) indicates that you have read and accepted the Website Privacy Policy (“Privacy Policy”) of BİRİZ GLOBAL TEKNOLOJİ LTD. ŞTİ. (“MAPPERX”). If you believe that you cannot fulfill the obligations set forth in the Privacy Policy, do not use this Website or its Services. Specific additional terms and conditions may apply to the use of certain sections of the Website or interactions with these sections.

11. MONITORING/CHANGES TO THE PRIVACY POLICY

MAPPERX (“Site Owner”) reserves the right to change the Privacy Policy or add additional conditions at any time without prior notice. Any changes made will be provided on this page to inform users about the nature of the information collected during use, how it is used, under what circumstances this information is shared with Third Parties, and all necessary privacy conditions. Since the Site Owner reserves the right to make changes to the Privacy Policy, it is the User’s responsibility to regularly monitor and read the Privacy Policy. Your continued use of this Website and its Services after any such changes have been made will signify your acceptance of those changes.

12. OPEN SYSTEM

Users (The term “User” is used as a general term referring to everyone who accesses the Website, including members, if applicable.) acknowledge and accept that the internet is not a secure environment, that communication over the internet is risky, and that any information, including personal information, passwords, etc., may be subject to unlawful acts by Third Parties. The Site Owner does not provide any guarantees that the Website is secure or that there are no malicious activities.

13. USER INFORMATION

The User is responsible for any content and personal information (including, but not limited to, all types of text, documents, music, advertisements, opinions and thoughts transmitted, including voice or text, or moving/static images) that they place, transmit, or send through the Website and Services. Users have declared and guaranteed that the information they have transmitted/sent to the Website and Services is reliable, accurate, does not violate the rights of Third Parties, and is not unlawful. The Site Owner reserves the right to remove or block access to any content placed on the Website by Users that it believes causes damage or burden to other Users or Third Parties or that violates the law or international legal documents, in whole or in part. However, the Site Owner is not obligated to do so.

14. USERNAME AND PASSWORD

The Site Owner may require Membership/Registration for the use of certain Services and sections. During registration, the User may be given a username and password, or the User may be required to create a username and password. The User is directly responsible for the safekeeping, misuse, or unauthorized use of the username and password and all possible unauthorized use. Services that require membership can only be accessed with a password. The User is responsible for creating a more secure password using special numbers, letters, and characters or making necessary changes. The User is responsible for all actions taken using the membership name and password. If the membership name and password are lost, obtained by unauthorized Third Parties, or if the User encounters any situation that threatens their security, they should immediately notify the Website/Site Owner.

 15. INFORMATION PROTECTION

The Site Owner makes every effort to ensure the security of all pages on the Website. A wide variety of technical and managerial practices are employed to protect the confidentiality, security, and integrity of the data registered on the Website.

16. THIRD PARTY SITES

This Website may contain sub and upper websites that are not operated or controlled by the Site Owner, operated by Third Parties, and may provide links/information to them. The Site Owner does not provide any guarantees or specific commitments regarding the content, security, privacy policies, or continuous communication of these websites. The responsibility is subject to the terms and conditions written on the Third Party sites. Before performing any action, the security and privacy conditions of the said sites should be read. The Site Owner cannot be held responsible for personal information provided to these sites, the content and services used from these sites, or the privacy policies and practices of these sites.

17. WEBSITE HELPER PROGRAMS

The User may need to use helper programs to benefit from some of the Services or the Website provided by the Website. If the User benefits from these Services/Website, the data related to the way and extent of usage may be recorded in the Website database. Likewise, some “cookies” may be used to facilitate the User’s use of the Services, and some information may be sent to the User via these cookies.

18. PERSONAL INFORMATION

 

18.1. When the Website is visited, used, or any Service is utilized, personal information such as name, surname, address/place of residence, IP information, email address, phone number, etc., may be provided and recorded on the Website. The User is considered to have accepted that the personal information they have provided/disclosed/recorded is open to the Site Owner and that all information and content they have disclosed and recorded on the Website have lost their confidentiality against the Site Owner. If the User chooses to share their personal information with other users or Third Parties, they are considered to have accepted that all information and content they have recorded/transmitted has also lost its confidentiality against other users and Third Parties.

 

18.2. The Site Owner may classify and store the information and content provided by the User in its databases and may use, process, transfer it domestically or abroad under the legislation and utilize the data in its database as it deems fit in accordance with the purposes of the Website and the business and services within the Site Owner’s field of activity. The User has explicitly given permission for this. The Site Owner has the right to use the Website activity information, access tools, and browser information as it deems fit.

 

18.3. Sensitive Information: The Site Owner does not in any way or under any circumstances request sensitive information such as race and ethnic identity, religious/political/philosophical thought, physical or mental health and characteristics, unless required by law. The Site Owner is not responsible for the provision or recording of this information.

18.4.  The permission you give regarding your personal data includes the permission to use it to serve you, for promotional activities of the Services, the Site Owner, members, and Third Parties, and for legal requirements, etc.

19. COMMERCIAL COMMUNICATION

MAPPERX may send electronic communication or commercial electronic communication to the communication address provided or in any way recorded by the User on the Website. It is considered that you have given prior permission/consent to the sending of any electronic communication via any electronic communication tool, whether it is commercial or not. You always have the right to cancel the permission/consent you have given and reject commercial electronic communications. Rejection requests will be processed by MAPPERX within ten (10) business days at the latest. Rejection methods will be indicated in the electronic communications where MAPPERX is the sender.

20. VIOLATION OF PRIVACY POLICY

 The Site Owner reserves the right to suspend, terminate, or cancel the membership and access of Users to the Website and Services without prior notice, together with the right to refuse, remove, or delete any existing information on the system in case of non-compliance with or an attempt to violate the Privacy Policy, whether the violation is fully realized or not. This rule also applies to indirect violations or attempts by the User.

21. INFORMATION AND COMMUNICATION

 mapperx.com For any questions regarding the privacy policy of the website, you can write to [email protected] for more information.