Nov 10, 2019
The following terms of service, including any additional guidelines (collectively, the “TOS”) governs your access and use of this website, the software, applications and services made available here (collectively, the “Service”). The Service allows you to submit, store, and access certain business data and other information related to you, your customers, or your business (collectively, “User Data”). The Service is provided by Koovan Pvt. Ltd. a company incorporated under the laws of Turkey having its registered address at Izmir2 Street No. 34, Kizilay Cankaya, Ankara, Turkey (“Koovan”, “we”, “our”, or “us”).
You must be capable of entering into a binding contract and at all times agree to and abide by the TOS and all applicable local, state, national, and international laws, rules and regulations while using the Service.
The TOS for the Service is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a company, organization, or entity (“you” or, collectively with other users, “Users”) and Koovan regarding your use of the Service. Koovan may have different roles with respect to different types of Users, and “you” as used in the TOS will apply to the appropriate type of User under the circumstances.
If you are using or opening an account with Koovan on behalf of a company, entity, or organization (collectively, the “Subscribing Organization”) then you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind such entity to the TOS; (ii) have read the TOS; (iii) understand the TOS, and (iv) agree to the TOS on behalf of such Subscribing Organization.
Please read the TOS carefully to ensure that you understand each provision. A reference to singular includes the plural and vice-versa.
1. Grant of License
Koovan hereby grants you a limited, personal, non-exclusive, non-transferable, worldwide right and license to use the Service solely for your own internal business purposes, subject to the terms and conditions of the TOS. All rights not expressly granted to you are reserved by Koovan and its licensors. Users shall have no right to sub-license or resell the Service or any component thereof.
The Service is not available to persons under 18 years of age or to any users previously suspended or removed from the Service by Koovan. When using the Service, including uploading or making available any User Data, you agree not to:
- Upload or transmit via the Service any pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
- Use the Service for any purpose that is unlawful or is otherwise prohibited by the TOS;
- Use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair the Service;
- Attempt to gain unauthorized access to the Service, or any part of them, other User Accounts, computer systems or networks connected to the Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service
- Modify the Service in any manner or form, or use any modified versions of the Service, including but not limited to for the purpose of obtaining unauthorized access to the Service;
- Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to the Service;
- Impersonate another person or access another User’s User Account without that User’s permission or to violate any contractual or fiduciary relationships;
- Share passwords issued by Koovan with any third party or encourage any other User to do so;
- Misrepresent the source, identity, or content of User Data;
- Modify, adapt, translate or create derivative works based upon the Service;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, unless and only to the extent that such activity is expressly permitted by applicable law;
- Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party; provide time sharing or similar services for any third party; or use the Service for any purpose other than your own internal business use;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service or Service, or features that enforce limitations on use of the Service or Service;
- Access the Service if you are a direct competitor of Koovan, except with Koovan’s prior written consent, or for any other competitive purposes; or
- Collect or harvest any personally identifiable information, including account names, from the Service.
3. Prohibited Uses
Koovan strictly prohibits using the Service: (i) to generate fraudulent impressions of or fraudulent clicks on your ads or third-party ads through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (ii) to extract data that are illegal in any state or country where you reside; (iii) to engage in any other illegal or fraudulent business practice under the laws of any state or country where you reside; (iv) to extract data from adult or pornographic websites, gambling or casino-related websites, hate-related websites, websites that promote violence, or drug-related websites; or (v) engage in any action or practice that reflects poorly on Koovan or otherwise disparages or devalues Koovan’s reputation or goodwill. Violation of these policies may result in immediate termination of your use of the Services without notice, and may subject you to legal consequences.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Koovan collects and uses Users’ personal information for the following purposes:
- To personalize user experience – we may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site – we continually strive to improve our website offerings based on the information and feedback we receive from you.
- To improve customer service – your information helps us to more effectively respond to your customer service requests and support needs.
- To send periodic emails – the email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find content on our Site that link to the sites and services of our partners, advertisers, sponsors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and Terms of Service. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
If you have any questions please contact us.
This document was last updated on November 10, 2019
5. Account Activity Responsibility
5.1 User Accounts
In order to use certain aspects of the Service, you will have to register for the Service and create an account (“User Account”). When creating your account for the Service, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your personal information as needed to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you agree to immediately notify Koovan. You may be liable for the losses incurred by Koovan or others due to any unauthorized use of your User Account. You may not establish more than one User Account for the same entity without Koovan’s written consent.
5.2 System Access
You may choose to allow Koovan to automatically retrieve data from your system or third-party systems or services on your behalf. You hereby represent and warrant that you have the permission, authority, and rights to allow Koovan to so automatically access such system and services and you hereby grant Koovan permission to access such system and services and retrieve User Data therefrom by indicating the same within your User Account. Koovan disclaims any and all liability associated with accessing and retrieving User Data from such system and services on your or your Subscribing Organization’s behalf. In order to connect the Service with any third-party service, you hereby designate Koovan as your agent and attorney-in-fact in connection with such service and further authorize it to: (a) store your User Data relating to such service; (b) access such service using User Data you provide us; (c) use any materials you provide us in order to provide you the Service; (d) gather and export from such service any User Data reasonably necessary for us to provide the Service to you; and (e) otherwise take any action in connection with such service as is reasonably necessary for us to provide the Service to you. You agree that those third-party service providers are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. If at any time you do not have the right and authority to allow Koovan automatic access to such system, then you hereby agree to immediately disable such functionality within your user account.
5.3 Account Information
You acknowledge and agree that Koovan may access, preserve and disclose your account information and related contents if required to do so by law or in a good faith that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any User Data violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Koovan, its users, or the public.
6. Payment and Refunds
You agree to pay all applicable charges under the TOS, including any applicable taxes or charges imposed by any government authority. You agree that Koovan may change its pricing at any time. There are no refunds for payments made once Service has been rendered. Charges shall be calculated solely based on invoicing records maintained by Koovan for purposes of billing. No other measurements or statistics of any kind shall be accepted by Koovan or have any effect under the TOS.
7. Managing Subscriptions
7.1 Your Service will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you: (a) every month for monthly subscriptions; (b) upon every one (1) year anniversary for annual subscriptions; (c) such other periodic rate you have selected from among the options offered on the Service or agreed in an order. You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all related recurring charges to your applicable payment method without further authorization from you and without further notice unless required by law. You acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if there has been a change in the applicable fees.
7.2 For annual subscriptions, you will need to provide thirty (30) days notice, prior to the annual renewal date and the subscription will be cancelled upon receipt of such notification and no future charges will be made. For monthly or other subscriptions, you will need to provide ten (10) days notice, prior to the monthly renewal date and the subscription will be cancelled upon receipt of such notification and no future charges will be made.
8. User Data
8.1 Use of User Data
By submitting User Data to Koovan, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the User Data required for Koovan and its subcontractors and service providers to provide the Service. Koovan shall have no right to sublicense or resell User Data, except however, that you agree that Koovan may collect, analyze, and use data derived from User Data for purposes of operating, analyzing, improving, or marketing the Service and any related services. If Koovan shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from User Data, such data will be aggregated or anonymized to reasonably avoid identification of a specific individual or the User. You further agree that Koovan will have the right, both during and after the term of the TOS, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data.
8.2 Your Responsibilities for User Data
8.3 Security Incidents
In the event that User Data is disclosed to or accessed by an unauthorized party, Koovan will promptly notify you and use reasonable efforts to cooperate with your investigation of the incident; and if such incident triggers any third party notice requirements under applicable laws, you agree that as the owner of the User Data, you will be responsible for the timing, content, cost and method of any such notice and compliance with such laws.
8.4 No Responsibility for Backups
Koovan will not be responsible for any backup, recovery or other steps required to ensure that User Data is recoverable in the case of data loss. You are solely responsible for backing up your User Data on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of your User Data.
8.5 Rights to User Data
You own all right, title and interest (including all intellectual property rights) in and to your User Data.
9. Consent to List as Customer
By using the Service, you hereby grant, and represent and warrant that you have all rights necessary to grant, Koovan the right to include you and/or your Subscribing Organization as a customer or client of Koovan. You hereby grant Koovan the limited right to use your trademarks, service marks and other information identifiable to you for the purpose of representing to third parties that you use the Service.
10. Ownership; Proprietary Rights
The Service is owned and operated by Koovan. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service provided by Koovan, but expressly excluding any of the foregoing owned or licensed by and posted to the Service at the direction of Users (including without limitation User Data) (“Materials”) are protected by intellectual property and other applicable laws. Except for any technology licensed by Koovan, which is owned by and provided by our third-party licensors, all Materials contained in the Service, including without limitation the intellectual property rights therein and thereto, are the property of Koovan or its subsidiaries or affiliated companies. All trademarks, service marks, and trade names are proprietary to Koovan or its affiliates and/or third-party licensors. Except as expressly provided herein, nothing in the TOS shall be deemed to create a license in or under any such Materials or the intellectual property rights therein or thereto, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Koovan under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Koovan does not waive any rights to use similar or related ideas previously known to Koovan, or developed by its employees, or obtained from sources other than you.
11. Third-Party Sites, Third-Party Information
11.1 The Service may call the servers of other websites or services solely at the direction of and as a convenience to Users (“Third Party Sites”). Koovan makes no express or implied warranties with regard to the information, or other material, products, or services that are contained on or accessible through Third-Party Sites. Access and use of Third Party Sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk.
11.2 You acknowledge that Koovan does not manage or control the user data that you access, store or distribute through the Service, and accepts no responsibility or liability for that information regardless of whether such user data is transmitted to or by you in breach of the TOS. Koovan makes no warranty with respect to such user data you may access, store or distribute through the Service. In particular, without limiting the generality of the foregoing, Koovan makes no warranty that such user data will be free of any virus or destructive or malicious code or programs. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Koovan with respect to third party and/or user data that you choose to access, store or distribute, through the Service.
12. Security and Privacy Settings
We have implemented commercially reasonable technical and organizational measures designed to secure your User Data from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your User Data for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to provide Personal Data or other sensitive information in order to use the Service and that you provide any such information at your own risk.
Koovan makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service or any content. Koovan does not represent or warrant that (a) the use of the Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the Service or the server that make the Service available are free of viruses or other harmful components. The Service and all content is provided to you strictly on an “as is” and “as available” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Koovan.
14. Limitation of Liability
14.1 Under no circumstances, including, but not limited to, negligence, will Koovan or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or your inability to use the information or materials on the Service, or any other interactions with Koovan, even if Koovan or a Koovan authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Koovan’s liability will be limited to the fullest extent permitted by applicable law.
14.2 In no event will Koovan’s or its affiliates’, contractors’, employees’, agents’, or third-party partners’, licensor’s, or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to the TOS or your use of the Service, including without limitation your interactions with other users, (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the Service during the month immediately preceding the day the act or omission occurred that gave rise to your claim .
14.3 In all cases where copyrighted data may be included as part or all of the Service, you agree to comply with all copyright laws and rules covering such data including (but not limited to) the reproduction and resale of such data. You agree that Koovan will not be held responsible for legal liabilities incurred through the use or misuse of data obtained through the Services.
14.4 You acknowledge and agree that Koovan has offered its products and services, set its prices, and entered into the TOS in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the disclaimers of warranty and the limitations of liability set forth herein form an essential basis of the bargain between you and Koovan.
You agree to defend, indemnify and hold harmless Koovan and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service, including any data or work transmitted or received by you; (b) your violation of any term of the TOS, including without limitation, your breach of any of the representations and warranties above; (c) your violation of or User Data violating any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of any country; (e) any claim or damages that arise as a result of any of your User Data or any other data that are submitted via your account; or (f) any other party’s access and use of the Service with your unique username, password or other appropriate security code. Koovan will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by Koovan. Koovan will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. You shall indemnify Koovan for all loss or damages caused by violation of any third party’s rights while rendering the Service under the TOS, including for all costs, loss of income, and legal and administrative expenses.
Koovan may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Services (or any portion, aspect, or feature of the Services) for any reason or no reason, at any time in its sole discretion, with or without notice. In addition, Koovan reserves the right to discontinue any aspect of the Service at any time, including the right to discontinue the display of any User Data. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Koovan will not be liable to you or any third-party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Koovan may have at law or in equity.
17. Governing Law and Dispute Resolution
17.1 Governing Law
You agree that the TOS and any dispute, controversy or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of Turkey.
17.2 Dispute Resolution
The sole and exclusive method for resolving all disputes, claims and controversies arising out of, related to, or in connection with this TOS of Service (including the subject matter hereof, any amendment hereto, or the performance, termination, interpretation, validity or breach of this TOS of Service or the arbitrability of any such controversy, claim, or dispute) will be binding arbitration in Ankara, Turkey, in English Language, in accordance with the Adjudication Rules (the “Rules”) of the Turkey Council of Arbitration (“NEPCA”), before a single neutral arbitrator. The decision of the arbitrator will be final and binding. The prevailing party will be entitled to apply to, and obtain from, a court or tribunal having competent jurisdiction, an order enforcing the arbitrator’s decision. Koovan may pursue any legal remedies in any competent jurisdiction for the enforcement of rights under the TOS.
18.1 Notice and Modifications
Koovan may provide you with notices, including those regarding changes to Koovan’s terms and conditions, by email, regular mail, or postings on the Service. Notice will be deemed given twenty-four hours after email is sent, unless Koovan is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Service is deemed given five (5) days following the initial posting. Koovan reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in the TOS. Koovan is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Koovan may, in its sole discretion, modify or update the TOS from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new TOS of Service. If any such revision is unacceptable to you, your only remedy is to terminate your Koovan User Account. If you do not agree to any of these terms or any future TOS of Service, do not use or access (or continue to access) the Service.
18.2 Variation and Waiver
No variation of this agreement shall be effective unless it is in writing and signed by the parties or their authorised representatives. Failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. A waiver of any right or remedy under this agreement or by law is only effective if it is in writing. Except as expressly provided in the TOS, the rights and remedies provided under this agreement are in addition to and not exclusive of, any rights or remedies provided by law.
If any provision or part-provision of the TOS is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
The TOS and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Koovan without restriction.
Upon termination of the TOS, any provision which, by its nature or express terms should survive, shall survive such termination or expiration.
The headings in the TOS are for ease of reference only and shall be disregarded in construing the TOS.
18.7 Entire Agreement
This, including the agreements incorporated by reference, constitutes the entire agreement between you and Koovan relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by Koovan as set forth in the TOS.
You hereby state and acknowledge that the TOS have been freely consented by you .You hereby declare that you fully understand your rights and duties under the TOS.