Article 1. Parties
This User Agreement (“Agreement”) is concluded between Net Partner Teknoloji A.Ş (“Company”) and the individual who registers as a user (“User”) on the website located at www.netpartner.com.tr (“Site”) and the applications available on Google Play and Apple Store (“Applications”). The Agreement will enter into force upon the User’s acceptance in electronic form and will remain in effect unless terminated by the parties in accordance with the procedures specified in the Agreement.
Article 2. Subject and Scope of the Agreement
This Agreement is concluded to determine the rights and obligations of the parties regarding the use of the cloud-based gaming application (“Application”) accessed through application stores and the data uploaded to the Site by the User (“Content”). The terms and conditions of use, rules, and conditions provided by the Company to the Users regarding the use of the Site and Application within the scope of the Site constitute an integral and inseparable part of this Agreement, along with the rights and obligations specified herein.
Article 3. Rights and Obligations of the Parties
3.1 The User acknowledges that, in order to benefit from the Application, they must provide the information requested by the Company accurately, completely, and up-to-date and confirm this Agreement. In case of any changes to the information provided during the establishment of User status, such information will be promptly updated. The Company is not responsible for any inability to access the Site or Application or any inability to benefit from them due to incomplete or inaccurate information provided by the User.
3.2 The User declares that they are over 18 years old and have the legal capacity required to enter into this Agreement. If the User is accessing the Site on behalf of a business, the User acknowledges and declares that they have the necessary authority for this. In this case, the User’s status, rights, and obligations will belong to the respective business.
3.3 The User has the right to establish only one User account, and it is prohibited to establish a second account using the same or different information after the suspension or termination of the User account by the Company. The Company reserves the right to reject the opening of a User account at its sole discretion and without stating any reason.
3.4 User access to the Site will be done using a username and password. The User is responsible for maintaining the confidentiality and security of this password, and any activity performed using this information on the Site will be considered as the User’s activity. The User will immediately notify the Company if they become aware of the unauthorized use or violation of the security of their password.
3.5 The User agrees to use the Application only for legal activities, comply with this Agreement, its attachments, current legislation, and other terms and conditions specified on the Site regarding the use of the Application. The User may use the Application on behalf of a third party as long as they are authorized to do so. In this case, the User will ensure that such third parties comply with this Agreement and all other applicable provisions.
3.6 The Content shared by the User is owned by the User, and the User is solely responsible for the Content. The Company has the right to use the Content under the license provided by the User within the scope of this Agreement. The Company is not responsible for the legality, accuracy, payment of invoices, collection of payments, financial transactions, and tax reporting regarding the Content, including but not limited to, and is not liable for any loss or damage caused by the Content. Compliance with ethical standards, information security, and other matters in accordance with the relevant legislation is solely the responsibility of the User. The User acknowledges that the Company may delete the Content from the Application and systems based on the requirements arising from the current legislation, and the Company is not responsible for any damages that may arise, including loss of data.
3.7 The User undertakes not to engage in activities that may jeopardize the security and integrity of the computer and network systems of third parties if the Application or the Site is hosted by third parties. The User agrees not to use the Application in a way that would interfere with the operation of the Application, the Site, or other systems providing services to other users or cause harm to them, or use them incorrectly. The User will not gain unauthorized access to the computer systems hosting the Application or the Application beyond the access granted to them. The User will not transfer or upload files or content that may damage the computer systems, devices, and software of the Company or third parties, or violate the law (including copyrighted or commercially confidential content) or in any way compromise the security and integrity of the systems. The User agrees not to change, copy, adapt, reproduce, replicate, create source code, or perform reverse engineering operations on computer programs used for the provision of services or the operation of the Site, except as absolutely necessary for ordinary use, without the Company’s consent.
3.8 The User acknowledges that the use of the Application may be subject to restrictions, including monthly transaction and storage volumes. Such limitations will be specified within the Application.
3.9 The User will keep copies of the Content uploaded to the Application. While the Company will make reasonable efforts to prevent data loss, it does not guarantee that the loss of Content will not occur. The Company is not responsible for the loss of Content, regardless of how it occurred.
3.10 The Company will store and use the information and data shared by the User in accordance with the “Privacy Policy,” which is an integral part of this Agreement. The User agrees that, in the event of a request from authorized authorities in accordance with the current legislation, the Company may share the User’s information with the relevant authorities. Except for that, information about the User and transactions carried out through the Site may be used for the User’s security, performance of the Company’s obligations, and some statistical evaluations. The Company may also share the Content with other users for requested services such as point status, comparison information. If the User wishes to use Content owned by other users, they will obtain the approval of the relevant users and use the Content within the scope of the approval given by the other user. This information may also be classified and stored in a database, and the Company may use such data for performance evaluations, marketing campaigns of the Company and its business partners, annual reports, and similar transactions for the period required for these purposes, after anonymizing the data. The User acknowledges that the Content and other information may be stored in data centers located in Turkey or abroad by the Company or third parties.
3.11 In the event of technical issues with the Application, the User will make reasonable efforts to identify and diagnose the problem before contacting the Company. If the User’s need for technical support continues, necessary support will be provided through the Site, Application, or other appropriate channels.
(Note: This translation is provided for informational purposes only, and the accuracy of legal documents may vary. It is recommended to consult with a legal professional for precise translations and interpretations.)
Article 3.12 If communication tools (such as forums, chat tools, or message centers) are provided to the User through the Site, the User declares and undertakes to use these communication tools only for lawful purposes. The User will not use these communication tools for sharing materials unrelated to the purpose of the Application, including but not limited to product and service sales, sending unsolicited emails without the consent of the other party, files that may harm third-party software and computer systems, or content containing insults or any illegal content. The User affirms that they have the authority to do so for any communication made through the Site. The Company is not obliged to check the appropriateness of communications made through the Site or whether they are in line with the purposes of using the Application. The User will exercise due diligence when using web-based communication tools accessed through the Application or related to the Application through the Site. The Company reserves the right to remove the communication tools provided through the Site at its discretion.
Article 3.13 The Company has the right to revise this Agreement and its attachments without any prior notice, and such changes will take effect with the User’s next use of the Site. If the User does not accept these changes, the right to terminate this Agreement as described below is reserved.
Article 3.14 The User cannot transfer or assign their User account and the rights and obligations arising from this Agreement and the use of the Site in any way to a third party.
Article 3.15 In case the User violates this Agreement, other terms and conditions within the scope of the Site, or any statements and commitments within this scope, the Company has the right to suspend the User’s membership or terminate the Agreement as described below. In such a case, the Company reserves the right to claim damages arising from such violation from the User.
Article 4. Payment Terms
4.1 In order to benefit from the Application (for some features), the User can use the Application only by paying the fees declared on the Site and the payment conditions and methods specified on the Application.
4.2 The User can use the Application without charge for a specified period and under the conditions announced on the Application. The fees, payment conditions, and effective dates of the fees will be announced on the relevant sections of the Site. The User can upgrade or downgrade the membership package at their discretion. Such requests will be processed at the end of the relevant membership period unless otherwise specified by the Company. Changes in fees and payment conditions during the membership period will not apply until the end of the User’s membership period, and new fees and payment conditions will be effective with the start of the new membership period. There will be no refund in case of termination of the Agreement for any reason during the membership period.
4.3 The User’s membership will be automatically renewed at the end of each period unless the User requests otherwise at least 14 (fourteen) days before the end of the period.
4.4 The Company does not store the User’s credit card and payment information for membership and payment transactions, bank integration, and related updates. These transactions are carried out through third-party payment software approved by the Company, and the Company does not accept any responsibility.
Article 5. Intellectual Property Rights
5.1 All rights, ownership, and interests in the Site and Application belong to the Company. Within the scope of this Agreement, a personal, worldwide, royalty-free, non-transferable, and non-exclusive license is granted to the User to use the Site and Application. No provision in this Agreement or other terms related to the Site can be interpreted as transferring rights and interests in the Site and Application to the User. The User grants the Company the right to use, copy, transmit, store, and back up their information and Content for the purpose of accessing the Application, using the Application, and providing services. The Company has the right to sublicense the Content to third-party developers for the provision of services.
5.2 The User is not entitled to copy, modify, reproduce, reverse engineer, decompile, and access the source code of the software on the Site in any way or for any reason, including but not limited to, copying the Site or the Application, modifying the browser and content on the Site, creating derivative works from the Site, without the Company’s explicit permission. Modifying the browser and contents on the Site and linking to or from the Site without the Company’s permission are strictly prohibited.
5.3 The User shall not use the Company’s (or its affiliates’) trade name, trademark, service mark, logo, domain name, etc., in any way or for any reason.
(Note: This translation is provided for informational purposes only, and the accuracy of legal documents may vary. It is recommended to consult with a legal professional for precise translations and interpretations.)
Article 6. Limitation of Liability
6.1 The Application, software, and other content within the scope of the Site are provided “AS IS,” and the Company has no responsibility or commitment regarding the accuracy, completeness, and reliability of the Application, software, and content. The User understands and agrees that the Company does not make any commitments regarding the relationship between Content and other User data. The Company does not guarantee that the use of the Application will be uninterrupted and error-free. While the Company aims to make the Application accessible and usable 24/7, it does not guarantee the functionality and accessibility of the systems providing access to the Application. The User acknowledges that access to the Application may be blocked or interrupted at various times. The Company is not responsible for any such blocking or interruptions.
6.2 The User acknowledges that links to other websites, portals, files, or content that are not under the control of the Company may be provided through the Site. The User agrees and declares that such links do not constitute any statement or warranty by the Company in support of the website or person operating the website to which such links are directed, or any kind of responsibility for the portals, websites, files, and content accessed through such links, services or products, or their content.
6.3 The User agrees that access to the Application and the quality thereof, provided through the Site, largely depends on the quality of the service obtained from the relevant Internet Service Provider, and the Company has no responsibility for problems arising from the quality of such service.
6.4 THE USER IS SOLELY RESPONSIBLE FOR THE CONTENT THEY UPLOAD AND THE USE OF THE SITE AND APPLICATION. THE USER ACKNOWLEDGES THAT THEY RELEASE THE COMPANY FROM ANY CLAIMS AND DEMANDS (INCLUDING LEGAL EXPENSES AND ATTORNEY FEES) THAT MAY BE MADE BY THIRD PARTIES REGARDING INTELLECTUAL PROPERTY VIOLATIONS, CONTENT, APPLICATION, AND SITE USAGE.
6.5 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, GOODWILL, REPUTATION, EXPENSES INCURRED FOR SUBSTITUTE PRODUCTS AND SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. IN ADDITION, THE COMPANY EXPRESSLY STATES THAT IT DOES NOT PROVIDE ANY KIND OF WARRANTY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN ANY CASE, THE COMPANY’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER FOR THE SERVICES COVERED BY THIS AGREEMENT UNTIL THE DATE OF THE DAMAGE.
Article 7. Entry into Force and Termination of the Agreement
7.1 This Agreement will enter into force upon acceptance by the User in electronic form and will remain in effect unless terminated by either party as specified below.
7.2 Either party may terminate this Agreement at any time without any reason and without payment of compensation by giving written notice through the email address notified by the other party, with a written notice period of 1 (one) week.
7.3 If either party fails to fulfill its obligations arising from this Agreement and the non-compliance is not remedied within the specified period after written notice, the notifying party may terminate this Agreement. If the violation is committed by the User, the Company may suspend the User’s status until the violation is rectified. In case of violation of applicable laws by the User, the Company may terminate the Agreement with just cause immediately.
7.4 The termination of the Agreement will not eliminate the rights and obligations arising until the termination date. Upon termination of the Agreement, the User will be responsible for all fees and expenses incurred until that date and will not be able to use the Site and Application after the termination date. There will be no refund for prepaid memberships.
7.5 If the User’s account is inactive for 3 (three) months, the Company may terminate this Agreement.
7.6 If the User’s account is not legally blocked and the Agreement is terminated, the Company will provide read-only access to the Content for 6 (six) months.
7.7 The Company has the right to store the Content in its databases as long as this Agreement is in effect. Within 6 (six) months following the end of the User’s membership period or the termination of this Agreement, the User can request the Content free of charge. The Company may charge fees for such requests after the expiration of this period. The relevant fees will be specified in the Application.
Article 8. Miscellaneous Provisions
8.1 The invalidity, illegality, or unenforceability of any provision of this Agreement or any expression in the contract will not affect the validity and enforceability of the remaining provisions of the Agreement.
8.2 This Agreement and its appendices constitute a whole. In case of any inconsistency between the Agreement and its appendices, the provisions in the relevant appendices will prevail.
8.3 Communication with the User will be made through the email address provided during registration or through the general information available on the Site. Communication made by email is considered written communication. It is the User’s responsibility to keep the email address up to date and regularly check the Site for notifications.
8.4 In case of disputes arising from this Agreement, Istanbul Central (Çağlayan) Courts and Execution Offices will be valid.
Article 9. Termination, Cancellation, and Refund of the Agreement
9.1 If the User violates the terms specified in this agreement, (“Company”) may terminate the services provided to the user without prior notice and may unilaterally terminate the agreement. In this case, no refund will be made for the fees previously paid by the user.
9.2 If the fees related to newly started or expired services are not paid by the user, (“Company”) may terminate the services and the agreement. In this case, no refund will be made for the fees previously paid by the user.
9.3 The user may terminate the agreement at any time by notifying in writing via fax, mail, and/or email with a notice period of 5 business days. In this case, no refund will be made for the fees previously paid by the user. However, the user is obliged to pay the fees committed until the end of the agreement and not yet paid.
9.4 Refund Guarantee (“Company”) relies on the quality of service and believes it can satisfy its customers. As an indication of this, (“Company”) offers an unconditional full refund guarantee to new users from the date of purchase for 7 days regardless of the reason. (“Company”) processes the refund amount to the user within 15 business days after the confirmation of the refund process. (“Company”) reserves the right not to make new service sales to users benefiting from this guarantee.
9.5 Users whose services have been terminated due to violations of the Service Usage Agreement cannot benefit from the refund guarantee.
