Privacy Policy

USER AGREEMENT AND PRIVACY TERMS

USER AGREEMENT

This User Agreement is concluded between Biriz Global Teknoloji Ltd. Şti. and the person who registers as a user on the site located at mapperx.com, at the moment it is approved by the User in the electronic environment where the Website and the Application are located, with respect to the User’s use of the Website and the Application.

1. DEFINITIONS

In this Agreement:

"MAPPERX" refers to Biriz Global Teknoloji Ltd. Şti.;

"Content" refers to any data, information, files, images, figures, and visual, textual and auditory materials available or accessible on the Website and/or in the Application;

"User" refers to all natural and legal persons with the capacity to exercise civil rights who, by accepting the terms of this Agreement, will benefit from the Content, applications and the Service 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 over the cloud through the Website and the Application, for a fee or free of charge, under the conditions set out on the Website and in the 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, whose financial/copyright or commercial distribution rights belong to MAPPERX, accessed through the Website or mobile devices;

"Website" refers to the websites accessible through the domain name mapperx.com and other subdomains, on which MAPPERX provides the services whose scope is defined by this Agreement.

"Data Centers" means the hosting sites/premises, in Türkiye and/or abroad, belonging to MAPPERX or to Third Parties and holding a hosting provider activity certificate, where the Website, the Application, the Content and/or User data will be hosted so that the User can benefit from the Service.

"Service Providers" refers to the Third Parties, in Türkiye and/or abroad, who professionally perform part of the Services under this Agreement and who hold certificates where required by legislation.

"Third Party" is used to cover any natural person, partnership or capital company, institution, organization, foundation, association and similar entities with legal capacity, whether domestic or foreign, public or private, other than the parties to this Agreement.

"Third Party Software" means any software product whose ownership rights belong to Third Parties.

"Intellectual Property Rights" means, without limitation, all kinds of patents, copyrights, trademark applications and/or other intellectual property rights and related documentation rights.

2. SUBJECT AND SCOPE OF THE AGREEMENT

2.1. This Agreement sets out the terms and conditions regarding the User’s use of the cloud-based PV panel inspection software accessed through the Website and the Application and regarding the data uploaded to the Website and the Application, together with the rights and obligations of the parties in relation thereto.

2.2. This Agreement enters into force upon the User’s acceptance in the electronic environment by ticking the box "I have read and approve the User Agreement and the Privacy Terms." and/or upon the User’s use of the Application, and it remains in force unless terminated by the parties in accordance with the procedures set out in the Agreement. By accepting this Agreement, the User accepts and declares that the information they provide will be used in the provision of the Services available on the Website and in the Application.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The User accepts, undertakes and declares that they know they must approve this Agreement in order to use the Application and that they have provided the information requested by MAPPERX completely, currently and accurately. In the event of any change in the information provided during the creation of the User account, such information shall be updated by the User immediately. MAPPERX bears no responsibility for the inability to access the Website or the Application and/or for any damages that may arise because such information has been provided by the User inaccurately, incompletely or not up to date.

3.2. The User declares that they have the legal capacity required to conclude this Agreement and that they are over 18 years of age. Otherwise, all transactions carried out shall be invalid.

3.3. The User accepts and undertakes to use the Website and the Application only for lawful purposes and to act in accordance with this Agreement, its annexes, the applicable legislation and the other terms and conditions set out on the Website. The User may use the Application and the Website on behalf of a Third Party as long as they are authorized to provide services to Third Parties. In this context, the User shall also ensure that such persons act in accordance with this Agreement and all other provisions applicable to the User.

3.4. The User is entitled to create only one account, and it is prohibited for the same User to open a second account following the suspension or termination of their account by MAPPERX. MAPPERX reserves the right to refuse the opening of a User account without providing any justification, entirely at its own discretion.

3.5. Access to the Website shall be carried out by the User using their e-mail address (or username) and password. Any activity carried out on the Website using this information shall be deemed to have been carried out by the User, and the User is responsible for not sharing this password with anyone and for its confidentiality and security. All legal and criminal liability arising from any activity carried out using this password belongs to the User, and the User is obliged to notify MAPPERX immediately upon becoming aware of any unauthorized use of their password or any other breach of security.

3.6. The User may authorize a third person (the "Authorized User") to use the Application. The User shall determine who the Authorized User will be and their permissions within the Application. The User may change the Authorized User’s level of access to the Website and the Application, or revoke their access, at any time and without cause. In the event of a dispute between the Authorized User and the User regarding access to the Website and the Application, the User shall make the decision regarding the Authorized User’s authority to access the Website, the Application or the Content.

3.7. The User accepts, declares and undertakes that the ownership of, and all responsibility for, any Content they upload to the Website and the Application in order to benefit from the Services under this Agreement belongs to the User. MAPPERX has the right to use the Content within the scope of the service provided under this Agreement. MAPPERX bears no responsibility for the Content or for any loss or damage the Content may cause. The User accepts and declares that MAPPERX bears no responsibility for any damage, harm or loss that may occur in this context, including lost data.

3.8. The User accepts, declares and undertakes that they will not use the Website and the Application in a manner that obstructs or damages the computer and network systems, software and devices of MAPPERX and Third Parties or their operability, or the use thereof by other users benefiting from them;

3.8.1 that they will not upload unlawful Content to the Website and the Application and will not gain unauthorized access beyond the scope of access granted to them;

3.8.2. that they will not copy, modify, reproduce or adapt the computer programs and software used in the operation of the Application and the Website, will not generate source code from them and will not perform reverse engineering operations on them.

3.9. All responsibility for the content uploaded to the Application belongs to the User. MAPPERX does not guarantee that no loss of Content will occur. MAPPERX is not responsible for any loss of Content that may occur in any way.

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

3.11. In the event of technical problems with the Application, the User shall 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 through the Website, the Application or other appropriate channels.

3.12. The User accepts, declares and undertakes that, where communication tools are provided through the Website, they will use these communication tools only for lawful purposes that do not harm MAPPERX or Third Parties.

3.13. MAPPERX has the right to revise this Agreement and its annexes without any prior notice; if this right is exercised, the relevant change shall enter into force upon the User’s next use of the Website and/or the Application.

3.14. If the User acts contrary to the provisions of this Agreement and the terms and conditions set out on the Website, MAPPERX may suspend the User’s membership or terminate the Agreement and close the user account. MAPPERX reserves the right to claim from the User its damages arising from such breach.

3.15. The information and data shared by the User with MAPPERX shall be stored and used within the scope of the "Privacy Terms", which are annexed to and form an integral part of this Agreement. The User accepts and declares that MAPPERX may share the User’s information held by it with the competent authorities if requested by such authorities in accordance with the applicable legislation. MAPPERX may record and process User information for user security, the performance of its own obligations and certain statistical evaluations, and may benefit from and use it in any manner, without limitation in time.

3.16.1. The User has accepted that, if applicable, they are exclusively responsible for obtaining the necessary explicit consents from the persons concerned for the processing of personal data of natural person Third Parties that they will transmit to MAPPERX and/or the Application within the scope of the Service, and for the transfer of such data to Third Parties in Türkiye and abroad, and/or for confirming that the necessary conditions are met, and that the User is the Data Controller; and that MAPPERX will only be a Data Processor acting on the User’s instructions and requests. The User shall be responsible for any claims and allegations that may come from Third Parties due to a breach of this article or the failure of the User to obtain the required consents, and shall hold MAPPERX harmless from and indemnify it against all such claims.

3.16.2. If applicable, the preconditions required for accessing the Service and for the Service to work with Third Party Software are announced on MAPPERX’s corporate website. The User is exclusively 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 the Application covered by this Agreement belong to MAPPERX and are protected under the provisions of the Law on Intellectual and Artistic Works, the Turkish Criminal Code, the Industrial Property Law and the Turkish Commercial Code. The User has no right to adapt or modify the Website and the Application. If the Website and the Application are adapted or modified contrary to this article, all rights over the adapted or modified Software, including intellectual property rights, shall belong to MAPPERX.

4.2. Under this Agreement, the User is granted a non-transferable, non-exclusive, worldwide simple license to use the Website and the Application for their own 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 in any manner it wishes. The right granted to the User under this Agreement does not impose any restriction on MAPPERX’s free exercise of any of its rights, including its Intellectual Property rights.

4.2.1. The User grants MAPPERX a right of use for the use, copying, transmission and storage of their information and the Content for the provision of the services under this Agreement and for other purposes. MAPPERX is entitled to grant sublicenses to Third Party developers in relation to the Content for the purpose of providing the services.

4.3. The User may not copy, modify, reproduce or convert into source code the Application and the Website in any way, may not subject them to reverse engineering operations, may not disrupt their order or operation, may not copy their structural features, and/or may not disclose or reveal them to anyone, may not use them in their own name and for their own account outside the purpose of this Agreement, and may not allow Third Parties to use them.

4.4. The User shall not use in any way the trade name, trademark, logo, etc. of MAPPERX and/or its affiliated company(ies).

5. FINANCIAL PROVISIONS

5.1. The Services under this Agreement may be provided for a fee or free of charge upon the User’s request. Explanations regarding the scope of the paid and free Services are accessible on the Website, and such Services shall be provided under the following conditions:

5.1.1. Paid Use

5.1.1.1 The User may benefit from the services covered by this Agreement within the scope of the conditions set out in the Application and on the Website, provided that they pay the fees fully and completely with the stated payment terms and instruments.

5.1.1.2 The fees for the services covered by this Agreement, the payment terms and the effective dates of the fees shall be announced in the relevant sections of the Application and the Website. The User has the right to load credit into the system at their own discretion. No refund shall be made if the membership ends for any reason, including the termination of the Agreement.

5.1.1.3 MAPPERX shall send the invoice for the usage fees of the relevant order to the contact address provided by the User at the start of the order.

5.1.1.4 The User has accepted that MAPPERX or Third Parties approved by MAPPERX may store the User’s credit card and payment information in order to carry out membership and payment transactions or bank integration and the related updates.

6. WARRANTY AND LIMITS OF LIABILITY

6.1. MAPPERX exercises the utmost care to ensure that the Application is in substantial conformity with its documentation provided in the digital environment. MAPPERX makes no claim or undertaking that the Application is flawless, error-free or perfect, or that it will fully meet the User’s specific needs and/or expectations. The Application must be accepted by the User as it is. MAPPERX gives no special warranty, express or implied, including but not limited to performance or fitness for a particular 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 undertake or guarantee the accuracy or security of such information and parameters under any circumstances. The accuracy of the relevant Third Party content and of the data, reports and similar information prepared on the basis of such content must be verified by the User.

6.3. The license and warranty conditions of Third Party software included in the Application are subject to the original license agreements/conditions of such software. MAPPERX gives no warranty undertaking, express or implied, regarding Third Party software, including but not limited to performance or fitness for a particular purpose. The User shall comply with the license and warranty conditions of Third Party software.

6.4. MAPPERX bears no legal responsibility for (i) errors and losses in the Data; (ii) errors arising from voltage fluctuations and power cuts, virus infections, internet lines and similar environmental factors; (iii) Application usage training and on-site support services; (iv) form and report designs made by the User; (v) incorrect use of the Application or use contrary to legislation; (vi) the 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 not belonging to MAPPERX and other software errors, and Third Party software. The User shall be jointly and severally liable to MAPPERX for the negligence and faults of their own employees.

6.5. Except in cases of gross fault of MAPPERX, MAPPERX’s liability for material or moral damages, losses and/or claims that may arise from the use of the Application and from this Agreement is limited to the "Service Fee" paid, if any, to MAPPERX for the most recently purchased order. MAPPERX shall in no case be liable for financial consequences or for indirect damages such as loss of data or loss of profit or earnings, special damages and/or consequential damages.

7. TERMINATION

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

7.2. If the User benefits from the Services for a fee, they have no right to terminate the Agreement before the end of the service period. If the User terminates this Agreement for any reason, they have no right to claim a partial and/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 throughout the service period for which they have paid. As of the end of the service period, the User will only be able to access the Website and the Application and will not be able to benefit from the Services.

7.2. MAPPERX may, at any time during the term of the Agreement, unilaterally suspend or stop the membership service covered by the Agreement and/or terminate the membership service and/or this Agreement, provided that it notifies the User by e-mail and/or announces it on its corporate website.

7.3. MAPPERX may terminate this Agreement immediately and without any notice if the User account is not used for a period of 3 (three) months.

8. FORCE MAJEURE

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

8.2. Obligations and Notification: In the event of force majeure, the affected party is obliged to notify the other party immediately, to make the necessary efforts to eliminate the causes preventing the fulfillment of obligations as a result of the force majeure, and to fulfill its obligations immediately once the force majeure ceases.

8.3. Termination of the Agreement and Claims for Damages: If the force majeure situation lasts longer than two months, either party may terminate the Agreement without compensation. The parties may not claim any damages from each other due to force majeure.

9. MISCELLANEOUS PROVISIONS

9.1. Integrity of the Agreement: The waiver, cancellation, invalidity or amendment of any article of the Agreement shall not be interpreted as the cancellation of the Agreement.

9.2. Assignment: The User may not assign or transfer their rights and obligations arising from the Agreement, in whole or in part, to Third Parties without the prior written consent of MAPPERX. Such assignments shall have no effect against MAPPERX. MAPPERX is entitled to assign its rights and obligations arising from the Agreement to Third Parties that are its own capital participations or participations of its shareholders.

9.3. Conclusive Evidence Agreement: In the event of a dispute, the e-mail correspondence kept by the Parties and the electronic records kept by the Data Centers relating to the Software shall constitute conclusive evidence.

9.4. Exercise of Rights: The failure to exercise any right arising from this Agreement within its period shall not mean a waiver of that right.

9.5. Jurisdiction: The Central Courts and Enforcement Offices of Ankara have jurisdiction over disputes arising from this Agreement. Turkish Law applies to disputes. The Law on Intellectual and Artistic Works shall be taken into account in the interpretation of the expressions in this Agreement.

9.6. Notices: All notices and notifications related to this Agreement shall be made to the e-mail address entered by the User during activation or otherwise notified to MAPPERX. The User may not claim that a notification made to this address was received by unauthorized persons. Notifications made to this e-mail address produce the results of a legally valid notice. The Parties accept that notifications made to this address shall produce the same result as a legally valid notice even if they are returned. Announcements made on MAPPERX’s corporate website shall also serve as notices.

PRIVACY TERMS

10. GENERAL

Your use of this Website and the services within it (the "Services") means that you have read and accepted the Website Privacy Terms (the "Privacy Terms") and rules of Biriz Global Teknoloji Ltd. Şti. ("MAPPERX"). If you believe that you cannot fulfill the obligations set out in the Privacy Terms, do not use this Website or its Services. Certain special additional terms and conditions may apply to the use of, or interaction with, some areas of the Website.

11. MONITORING OF THE PRIVACY TERMS / CHANGES

MAPPERX (the "Site Owner") has the right to make changes to the Privacy Terms or to introduce additional terms at any time without prior notice. Changes made so that users are aware of the nature of the information collected during use, how it is used, the circumstances under which such information is shared with Third Parties and all necessary privacy terms will be presented on this page. Since the Site Owner reserves the right to make changes to the Privacy Terms, it is the User’s responsibility to regularly monitor and read the Privacy Terms. Use of this Website and its Services after such a change means that the changes to the Privacy Terms have been accepted.

12. OPEN SYSTEM

Users (the term User is used as a general definition referring to everyone who accesses the Website, including members, if any) know and accept that the internet environment is not a secure environment, that communication in the internet environment is risky, and that all kinds of information, including personal information, passwords and the like, may be the target of unlawful acts of Third Parties. The Site Owner gives no guarantee that the Website is secure or regarding malicious actions.

13. USER INFORMATION

The User is responsible for any content and personal information placed on, transmitted to or sent through the Website and the Services by the User (any content including, but not limited to, any text, document, music, advertisement, announcement, opinions and thoughts transmitted, and any content containing sound or text or moving/still images). Users declare and guarantee that all information they transmit/send to the Website and the Services is reliable and accurate, does not violate the rights of Third Parties and is not contrary to the law. The Site Owner reserves the right to remove from publication, in whole or in part, or to block access to, content that it believes causes any damage or burden to other Users or Third Parties, or content that is contrary to legislation or international legal instruments, placed on the website by Users. However, it has no obligation to do so.

14. USERNAME AND PASSWORD

The Site Owner may make the use of certain Services and sections subject to Membership/Registration. During registration, the User may be given a name and password, or the User may be asked to create a name and password. The User is directly responsible for the safekeeping of the username and password and for their incorrect or unlawful use and all possible unauthorized uses. Services whose access is subject to membership can only be accessed with a password. The User is responsible for creating the password in a more secure manner using special numbers, letters and characters, or for making the changes required for this. All transactions carried out using the membership name and password are the responsibility of the User. If the member name and password are lost, fall into the hands of unauthorized Third Parties, or if a situation threatening the Member’s security is encountered, the Website/Site Owner shall be notified immediately.

15. PROTECTION OF INFORMATION

The Site Owner exercises the utmost effort for the security of all pages on the Website. A wide variety of technical and administrative practices are used to protect the confidentiality, security and integrity of the data recorded on the Website.

16. THIRD PARTY WEBSITES

This Website may contain, and may provide links/information to, sub- and upper-level websites operated by Third Parties that the Site Owner does not operate or control. The Site Owner has no guarantee or special undertaking regarding the content, security or privacy policies of these accessed websites or that communication will be provided continuously. Responsibility is subject to the terms written on the Third Party sites. The security and privacy terms on such sites should be read before carrying out any transaction. The Site Owner cannot be held responsible for the personal information provided to such sites, for the content and services used from such sites, or for the privacy policies and practices of such sites.

17. WEBSITE AUXILIARY PROGRAMS

The use of auxiliary programs may be required for the User to benefit from some of the Services offered by the Website or from the Website itself. If these Services/the Website are used, data regarding the manner and scope of benefiting from the Service may be recorded in the Website database. Likewise, certain "cookies" may be used so that you can benefit from the Services more easily, and certain information may be sent to the User through them.

18. PERSONAL INFORMATION

18.1. In order to visit or use the Website or benefit from any Service, personal information such as name, surname, address/place of residence, IP information, e-mail address, telephone number and the like is/may be provided to and recorded on the Website. The User is deemed to have disclosed this information taking into account that the personal information they have provided/disclosed/recorded will be accessible to the Site Owner, and to have accepted that any information and content they disclose or record on the Website loses its confidentiality vis-a-vis the Site Owner. If the User chooses to share their personal information with other users or Third Parties, they are deemed to have accepted that any information and content they record/transmit also loses its confidentiality vis-a-vis other users and Third Parties.

18.2. The Site Owner may classify and store the information provided by the User and the recorded content in its databases, may use and process them in a manner compatible with the purposes of the Website and of the business and Services within the Site Owner’s field of activity, may transfer them domestically or abroad in accordance with legislation, and may benefit from the data in its database as it wishes. The User has expressly given the Site Owner permission in this regard. The Site Owner also has the right to benefit as it wishes from Website activity information, access tools and browser information.

18.3. Sensitive Information: Unless required by law, the Site Owner definitively does not request from Users in any way sensitive information such as race and ethnic identity, religious/political/philosophical opinion, or physical or mental health and characteristics. The Site Owner has no responsibility arising from such information having been provided or recorded.

18.4. The consent you give regarding your personal data also includes permission to use it to provide services to you; for the promotional activities of the Services, the Site Owner, members and Third Parties; and in cases of legal requirements and the like.

19. COMMERCIAL COMMUNICATION

MAPPERX may send electronic messages or commercial electronic messages to the contact address transmitted to the Website or to MAPPERX, or otherwise recorded/registered. You are deemed to have given prior permission/consent to the sending of electronic messages, whether commercial in nature or not, to be sent through any means of electronic communication. You may at any time exercise your right to cancel the permission/consent you have given and to refuse commercial electronic messages. Refusal requests will be processed by MAPPERX within ten (10) business days at the latest. The means of refusal are indicated in electronic messages sent by MAPPERX.

20. BREACH OF THE PRIVACY TERMS

In the event of non-compliance with the Privacy Terms or an attempt to violate the rules, whether the violation has fully materialized or not, the Site Owner reserves the right (without being obliged) to suspend or terminate Users’ access to the Website and the Services without prior notice, and to cancel their membership, together with the right to reject, remove from content or delete the information existing in the system. This rule also applies in cases of indirect violation of the terms by the User or attempted violation.