DISTANCE SALES AGREEMENT
Article 1: PARTIES:
This Service Agreement (hereinafter referred to as “CONTRACT”) Şükrüpaşa Mahallesi Zübeyde Hanım Cad. Trakya University Technology Development Zone Apt. No: 3/2 Merkez / Edirne PK: 22030, ESH Bilgi ve Teknoloji A.Ş. Pivony.com website visitor or member of the platform for the purpose of using the Subscription-based Artificial Intelligence and Marketing Platform (briefly referred to as “PLATFORM”) and connected applications and services offered on the App.Pivony.com website. (briefly referred to as “CUSTOMER”).
Article 2: OBJECTIVE:
The purpose of the contract is to regulate the commercial relationship between the COMPANY and the CUSTOMER and to determine the rights and responsibilities of the parties.
Article 3: SUBJECT OF THE CONTRACT:
Article 4: ACCEPTANCE OF THE CONTRACT:
The CONTRACT is deemed to have been accepted by checking the “I have read and accept the terms” box during the purchase process, together with the registration for the PLATFORM test product or one of the paid packages.
Article 5: DEFINITION OF THE SERVICE:
a- The COMPANY will enable its CUSTOMERS to make sales on the internet with the PLATFORM it offers
b- The features and scope of the features of the PLATFORM vary according to the packages specified on the Pivony.com website. The CUSTOMER will be entitled to use the PLATFORM by choosing the appropriate package and making the payment.
c- The limits of adding products offered with the PLATFORM differ according to the packages specified on the Pivony.com website.
d- The web hosting service required for the use of PLATFORM is provided by the COMPANY and can be used during the CONTRACT.
e- The capacity of the web hosting service offered with the PLATFORM and the traffic usage quota within the scope of this hosting is limited to the amounts declared in the packages on the Pivony.com website where the CONTRACT is accepted by the CUSTOMER.
f- The CUSTOMER has the right to use all of the free applications in the application store without paying any fee. CUSTOMER may have the right to use the paid applications in the application store for the fee specified for the preferred application. Paid and free applications can be used by other customers of the PLATFORM, as well as the CUSTOMER will be able to develop their own applications.
Article 6: TERMS AND TERM OF USE:
PLATFORM is a service offered as software with all its functions specified for a certain period of time and its sectoral definition is known as SAAS MODEL. The license start date starts with the acceptance of the AGREEMENT presented, together with the payment of the price declared on the Pivony.com website, and the license period is renewed every month according to the package chosen by the CUSTOMER. The CUSTOMER continues its subscription with a monthly or annual commitment. During this period, the CUSTOMER will have the right to use all kinds of services offered within the scope of the PLATFORM with the account information created by him. In the event that the package preference is changed during the usage period of the PLATFORM license, the license term will continue to be used based on the first starting date. If the CUSTOMER wishes to continue the service provided, he / she will be able to use the information declared on the Pivony.com website, which corresponds to the license he has chosen, by paying the price.
Article 7: CUSTOMER OBLIGATIONS:
For the paid or free PLATFORM the CUSTOMER uses;
a- They accept that they will not share the user data with third parties, institutions or organizations, and if they do, all security measures related to the data are violated by their own will and the COMPANY will not take any responsibility in such cases.
b- The CUSTOMER acknowledges that when the “Topicboard creation” feature offered by the PLATFORM is used, it will take time to collect / clean / process / run an algorithm until the Topicboard is formed.
c- Despite the warning that all data will be permanently deleted when using the “Topicboard deletion” feature offered by the PLATFORM, the COMPANY will not accept any responsibility for the data deleted as a result of continuing the process.
d- If support is requested, they will not use logically impossible approaches such as “It happened spontaneously”, “It happened out of nowhere” for the analysis of the problem in the information requested for the solution of the problem, otherwise, although the COMPANY follows the procedures, it is not helped to find the source of the problem. and they accept that the responsibility does not belong to the COMPANY.
e- The CUSTOMER accepts that he / she receives all kinds of permissions regarding the use of user data in the data uploaded to the PLATFORM. The user accepts that the COMPANY will not take any responsibility for how the data he uploaded is collected.
Article 8: SCOPE OF SUPPORT:
Issues that the COMPANY will support the CUSTOMER during the CONTRACT period;
a- The COMPANY agrees to support the CUSTOMER with regard to the use of the PLATFORM and to provide guidance regarding the problems to be experienced.
b- If the problem is related to the system, the COMPANY reserves the right to make changes to the files and data, provided that they obtain special permission through the written support system for intervention to the files. However, the COMPANY will not be held responsible for any problems that may occur as a result of this change.
c- The CUSTOMER may be directed to the internet support system to follow up their requests or to correspond with the live customer representative and the CUSTOMER will accept this guidance.
d- The COMPANY agrees to support the support system in case of need, provided that it is notified in writing.
e- The correspondence made upon request for support is private and will be kept confidential by both the CUSTOMER and the COMPANY unless requested by official institutions.
Article 9: OWNERSHIP OF SOFTWARE:
The ownership of the SOFTWARE, designs and all other additional services, whether paid or free, belongs to the COMPANY and the CUSTOMER cannot claim any rights on them. The COMPANY has the right to make updates and changes regarding all these products and agrees that these studies will not hinder the sales operation of the CUSTOMER.