Last Update: May 2023
All customers who create accounts, make purchases and benefit from users by reaching them through the website www.elinsoft.com ("Website") or mobile applications are deemed to have read, understood and accepted the terms consisting of the main article and sub-articles below. It is not possible to create a user account and purchase products/services without accepting all the terms and conditions stated below. All users who create an account and purchase products/services can proceed by accepting this agreement.
This contract; It is presented to the customer for approval during membership and product/service purchase, and he is not allowed to proceed without accepting it. It is also constantly posted at the bottom of the site. It is the customer's responsibility to review and read.
This contract imposes rights and obligations on the parties regarding the site subject to the contract, and when the parties accept this contract, they accept and declare that they will fulfill the mentioned rights and obligations completely, accurately, on time, and within the conditions requested in this contract.
1.1 The web software on sale on our site and all pages linked to it are the property of elinsoft.com and are operated by it. elinsoft.com always reserves the right to make changes to prices, products and services offered and contracts.
1.2 elinsoft.com accepts and undertakes that the member will benefit from the products subject to the contract, excluding technical malfunctions.
1.3 The Customer accepts and undertakes that, in the use of ElinSoft Interactive Services products, it will not reverse engineer or engage in any other activities aimed at finding or obtaining their source code. Otherwise, if this activity is detected, all products purchased at that time and the customer account will be canceled without question and no refund will be given.
1.4 It is prohibited to place fake orders for trial purposes through the site. If detected, their accounts will be canceled and no account can be created again with the existing account information.
1.5 The customer accepts and declares that he will pay separately the fee determined by elinsoft.com for the modules, requests and arrangements in addition to the web software he will purchase. The customer cannot claim rights regarding additional modules, requests and arrangements made in the software later. The customer not only purchases the usage license of the software, but also purchases only the right to use additional modules and requests made later. Thus, the customer does not have the right to request that additional modules, arrangements and requests similar to the ones made are not added to another customer or site or not used in general sales. (If there is no additional contract or agreement.)
2.1 All registered or unregistered intellectual property rights of the title, business name, trademark, patent, logo, design and products on this Site belong to the site operator and owner company or the specified person and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any rights to such intellectual property rights.
2.2 All products on the Site cannot be reproduced, published, copied or transferred in any way. The whole or part of the site cannot be used on another website without permission.
2.3 The visual design and source codes of all products detailed on the site are registered by the General Directorate of Copyright of the Ministry of Culture and Tourism and all rights are reserved. Sales are made only through our website, our dealers' websites and our authorized business partners.
3.1 elinsoft.com will not disclose personal information transmitted by users through the site to third parties. This personal information; It contains all kinds of other information intended to identify the User, such as person's name-surname, address, telephone number, mobile phone, e-mail address, and will be briefly referred to as 'Confidential Information'.
3.2 Confidential Information can only be disclosed if this information is requested by the official authorities in due course and in cases where disclosure to the official authorities is mandatory in accordance with the mandatory legislation in force.
4.1 The Customer must provide accurate, complete and up-to-date registration information. Otherwise, this agreement will be deemed to have been violated and the customer account will be terminated without informing the user.
4.2 The customer is responsible for password and account security on the site and third-party sites. Otherwise, elinsoft.com cannot be held responsible for any data loss, security breaches or damage to hardware and devices that may occur.
5.1 Content hosting, also known as web hosting/web server service; Basically, it consists of hosting the CUSTOMER's websites and/or database on ElinSoft Interactive Services servers and publishing them over the internet network.
5.2 By using this Service, CUSTOMER is deemed to have agreed to comply with the terms and conditions stated herein. Subject to the terms and conditions of this Agreement, ElinSoft Interactive Services will provide services with maximum continuity and operability by using all reasonable resources during its service period.
5.3 CUSTOMER acknowledges that the services may not be accessible or operable in some cases, including but not limited to the following:
-Force majeure (natural disasters such as earthquake, fire, flood and other human disasters),
-Hardware failures,
-Periodic Maintenance procedures or repairs undertaken by the data center from time to time,
-Interruptions or malfunctions that may occur in telecommunication or digital transmission lines, malicious network attacks Causes beyond the control of ElinSoft Interactive Services or unforeseen by ElinSoft Interactive Services, including, but not limited to, network congestion or other malfunctions.
5.4 CUSTOMER acknowledges that it does not have one hundred percent control over the continuity or uninterruption of the web hosting/server service provided by ElinSoft Interactive Services and that these are not guaranteed.
5.5 ElinSoft Interactive Services will make the necessary efforts to ensure the continuity of the Services provided to the CUSTOMER.
5.6 By purchasing the services subject to this Agreement or creating a customer account, CUSTOMER; accepts not to act contrary to the laws of the Republic of Turkey, decree laws, statutes and regulations and general morality and etiquette in e-mail communications, web publications and all transactions related to this subscription, and that he/she is entirely responsible for the content of the web pages, ftp and other Internet services belonging to himself or his customers, and commits.
5.7 CUSTOMER accepts and undertakes that it will not webcast or engage in any activity on the prohibited materials specified below. Otherwise, the service received will be canceled without any questions and no refunds, etc. will be given. It is agreed that it will not be done.
5.8 In the hosting services we offer free of charge or in packages, hosting other than our own software is prohibited. ElinSoft Interactive Services reserves the right to delete data without warning. The customer accepts and declares this.
Prohibited materials;
5.8 Although not stated in the above articles, it is strictly prohibited to carry out any activity that is contrary to applicable laws and constitutes a crime. Otherwise, the CUSTOMER understands that the service received will be canceled without any questions and no refunds, etc. It is agreed that it will not be done.
5.9 If ElinSoft Interactive Services are used and/or facilitated to carry out behavior that is contrary to publicly accepted public morality and traditions, your service may be restricted or terminated because you are acting and publishing against public morality and traditions. The customer is aware of this.
5.10 It is the CUSTOMER's responsibility to ensure that the scripts/programs installed in the Customer Account are secure and that access permissions to the directories are set accordingly.
5.11 ElinSoft Interactive Services services, including all associated equipment, networks and network devices, are for permitted Customer use only. ElinSoft Interactive Services systems may be monitored for all lawful purposes, including to ensure that use is authorized, to administer the system, to facilitate protection against unauthorized access, and to verify security procedures, maintainability and operational security. During monitoring, information may be examined, recorded, copied and used for permitted purposes. Use of ElinSoft Interactive Services system(s) constitutes consent to monitoring for these purposes.
5.12 Any account connected to a third party's network or system without its permission may be suspended. For access to networks and systems that are not under the direct control of the customer, written consent must be obtained from the third party in question. If ElinSoft Interactive Services wishes, it may request documents to prove that access to the third party's network or system is permitted and may require the submission of such documents.
5.13 ElinSoft Interactive Services does its best to regularly protect and back up all CUSTOMER's data, however, it does not accept responsibility for any errors that may occur in the data contained within it. Data backup is the CUSTOMER's responsibility. CUSTOMER always assumes the risk of loss and damage to the files belonging to the Website and all Website content. CUSTOMER is completely obliged to maintain the confidentiality of the customer password and account information.
5.14 CUSTOMER accepts that he/she is responsible for all actions, omissions and expenses related to any website content displayed, linked, stored on the server or published under his/her account using his/her Account or password or in connection with the site or belonging to him/her.
5.15 THE CUSTOMER IS OBLIGED TO TAKE THE PRECAUTIONS MENTIONED BELOW;
5.16 CUSTOMER undertakes to pay the usage fees and relevant taxes related to web hosting services. Fees are collected in advance with the first order and are requested again at the end of the period unless otherwise stated.
6.1 Bulk/Single SMS services; It covers the SMS sending services made available to the CUSTOMER via elinsoft.com or through the API access links it provides.
6.2 CUSTOMER is solely and exclusively responsible towards the recipients regarding the Bulk/Single SMSs sent, and will keep ElinSoft Interactive Services free from any demands, claims, objections and complaints that may come from relevant persons and institutions in this context, regardless of the name and form. , ElinSoft Interactive Services has the right to recourse against all damages, all direct and indirect income losses and material and moral damages that ElinSoft Interactive Services may incur due to all kinds of claims, allegations and receivables that may be asserted against ElinSoft Interactive Services, ElinSoft It accepts, declares and undertakes to compensate immediately in cash and in full upon the first request of Interactive Services.
6.3 CUSTOMER accepts, declares and undertakes to act in accordance with the applicable legislation regarding Bulk/Single SMS sales/sending subject to this Agreement.
6.4 CUSTOMER shall be entitled to pay the expenses and compensation that ElinSoft Interactive Services will have to pay to third parties and/or official authorities regarding its obligations under this agreement, within 5 (five) days following the first written request of ElinSoft Interactive Services, without the need for any judgment. accepts and undertakes to pay it to ElinSoft Interactive Services within business days.
6.5 All kinds of announcements, advertisements, announcements to be made in all media (television, internet, radio, open air announcements, press, etc.) regarding the products subject to this Agreement, Law No. 4077 on Consumer Protection, Communiqué on Commercial Advertisements and Announcements, as amended by Law No. 4822. It will comply with international advertising principles and Advertising Board decisions. CUSTOMER accepts and declares that he/she is responsible for any damage or loss that may occur due to violation of the provisions.
6.6 CUSTOMER accepts and undertakes that ElinSoft Interactive Services cannot be held responsible in any way for the accuracy of the information contained in the SMS text sent and the content of the statements, and that CUSTOMER is entirely responsible. In accordance with the decision of the Supreme Electoral Council and the provisions of this contract, he/she accepts and declares that messages with the purpose of political propaganda should not be sent via SMS and/or internet via mobile phone, and in case such a transmission is detected, he/she will be responsible for the penalties to be imposed due to violation of the decision.
6.7 CUSTOMER; The statements contained in the SMS text will not be contrary to the Laws of the Republic of Turkey and the applicable legislation, morality, public interest, public security, and the indivisible integrity of the Republic of Turkey, and ElinSoft Interactive Services has the right to block and prevent such statements. He is the addressee of any legal disputes and/or claims for compensation that the Services may be exposed to, and for this reason he knows that ElinSoft Interactive Services will have recourse to him in case of any compensation paid, and that he is aware of the requested request based on the first application made to him, without the need for any decision against him. accepts, declares and undertakes to cover compensation, penalties, expenses and other costs.
6.8 It is assumed that the CUSTOMER has obtained the GSM numbers to which it sends SMS legally and with permission. In this regard, ElinSoft Interactive Services cannot be held responsible in any way. All legal responsibilities and obligations belong to the CUSTOMER.
7.1 CUSTOMER shall not engage in any behavior that would harm the commercial reputation, reputation and prestige of ElinSoft Interactive Services and its other customers, as well as all ElinSoft Interactive Services products, and in case such situations are detected, the customer account and all related products and services will be canceled without question. accepts, undertakes and declares that no refund will be made, and that it will compensate and ensure all damages and losses suffered by ElinSoft Interactive Services and its customers arising from this situation.
7.2 CUSTOMER accepts, undertakes and declares that it will compensate ElinSoft Interactive Services for all damages and losses incurred against any claims arising from the use of ElinSoft Interactive Services' services.
7.3 Regardless of who requests it, ElinSoft Interactive Services refuses to provide service, negative (mobbing) behavior exhibited by the customer, and behavior that will negatively affect the work performance of ElinSoft Interactive Services officials and personnel, cancels all products/services and the customer account of the Customer. The right to do so is reserved. CUSTOMER accepts and declares this.
7.4 ElinSoft Interactive Services, if the CUSTOMER chooses to pay via bank transfer, ElinSoft Interactive Services activates the service as a result of the transfer from the account opened in the name of the person or institution specified in the CUSTOMER information to the bank account of ElinSoft Interactive Services specified during the order and the CUSTOMER It informs . All costs of payments belong to the CUSTOMER.
7.5 All periodic products and services will be stopped if payment is not made by the service end date at the latest. Products and services for which payment is not made within three (3) days following the suspension period will be permanently deleted from the system and no liability will be accepted. CUSTOMER accepts and declares this.
7.6 The software is not compatible with all hosting types. You are responsible for hosting other than the companies we recommend and any problems you encounter. The customer accepts and declares this.
7.7 It is up to ElinSoft Interactive Services to fulfill customers' requests. There is no obligation to fulfill every request. The customer accepts and declares this.
7.8 It is possible to request the features offered free of charge for an additional fee, depending on the current conditions. The customer accepts and declares this.
7.9 Invoices are issued regularly on the 25th of each month, depending on the cycle, except for force majeure. The customer does not have the right to request an invoice outside this period. The customer accepts and declares this.
8.0 The licenses of customers who distribute pirated/warez of any script are suspended without warning in order to ensure file security. The customer accepts and declares this.
8.1 The customer agrees that the service he received can be canceled without question and whether a refund will be made or not depending on the decision of ElinSoft Interactive Services.
8.2 The customer agrees that in case of loss due to any vulnerability in the software product purchased, the damage will not be covered. ElinSoft Interactive Services undertakes that the vulnerability/vulnerability will be resolved within 24 hours. The customer accepts and declares this.
TECHNICAL SUPPORT
8.1 ElinSoft Interactive Services accepts and declares that it will provide "free support" in case of errors and problems caused by the product/service for a period of 6 months from the date of purchase of the product/service by the Customer. Problems arising from subsequent interventions made by the Customer in the relevant product/service are excluded from this scope. In such cases, the solution is to re-supply the standard version of the relevant product provided by ElinSoft Interactive Services and install it into the system. The customer is aware of this and accepts and declares it.
8.2 In the field of "Web Software" service, the Customer is obliged to provide and maintain all kinds of hardware required for the smooth operation of the product/service purchased from ElinSoft Interactive Services. These equipment are declared to the Customer at a basic level before and at the time of purchase. Some products/services may require additional hardware and software features beyond the basic level. The Customer accepts and declares that in such cases, the additional features declared by ElinSoft Interactive Services will be provided.
8.2 The Customer accepts that he will receive support service for a fee for all matters "outside the standard operation" of all products and services he has purchased, and that ElinSoft Interactive Services may not be able to provide support service in such cases, even for a fee, depending on the workload. and declares.
8.3 The Customer accepts and declares that he/she will submit all support requests through the "technical support system" on the elinsoft.com website and that he/she will not receive any other support service.
8.4 All support requests created by the customer will be answered by ElinSoft Interactive Services within 76 hours, depending on workload.
8.5 The customer accepts and declares that he/she is responsible for any use other than the original files and current versions.
9.1 Not under the control of the parties; arising from the contract due to reasons such as natural disasters, fire, explosions, civil wars, wars, riots, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (together referred to as "Force Majeure" below). If the obligations cannot be fulfilled by the parties, the parties are not responsible for this. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.
10.1 If one of the terms of this contract becomes partially or completely invalid, the remainder of the contract remains valid.
11.1 elinsoft.com may change the products and services offered on the site, partially or completely, and the terms of this agreement at any time. Changes will be valid from the date of publication on the site. It is the user's responsibility to follow and control the changes. The user is deemed to have accepted these changes by continuing to benefit from the services offered.
12.1 All notifications to be sent to the parties regarding this Agreement will be made through elinsoft.com's known e-mail address and the e-mail address specified by the user in the membership form. The user accepts that the address specified when signing up is the valid notification address, and that if it changes, he will notify the other party in writing within 5 days, otherwise notifications to this address will be deemed valid.
13.1 In any disputes that may arise between the Parties regarding the transactions related to this agreement, the Parties' books, records and documents, computer records and fax records will be accepted as evidence in accordance with the Code of Civil Procedure No. 6100, and the user agrees that he will not object to these records.
14.1 Right of Cancellation/Refund and Withdrawal for Software Products;
In paragraph (ğ) of Article 15 of the Consumer Rights Law, Distance Contracts Regulation (See: http://www.resmigazete.gov.tr/eskiler/2014/11/20141127-6.htm ) "Services performed instantly in the electronic environment" or contracts for intangible goods delivered immediately to the consumer .” As stated, the Customer cannot exercise the right of cancellation/refund or withdrawal after purchasing the software product in question. In order for cancellation/refund and withdrawal to be made, it is essential that there is a grievance that cannot be resolved in the software. Any feature/feature that is not included in the software or the failure to make adjustments to the product that require expertise by non-experts cannot be presented as a problem or defect. Before making a purchase, the customer is obliged to thoroughly examine whether the software is suitable for him/her and to request information if necessary. The customer accepts and undertakes this.
14.2 Changing Licenses for Software Products;
Software products are licensed for the domain name declared by the customer at the time of purchase. The customer can later change the domain name of the license he/she owns with an additional fee of 25₺ (Pricing may vary depending on the conditions of the time). The customer accepts and undertakes this.
14.3 License Assignment/Transfer in Software Products;
The customer has the right to assign/transfer his software license to any ElinSoft Interactive Services customer of his choice for an additional fee of 25₺ (Pricing may vary depending on the conditions of the time). After the transfer process, the new customer who takes over the license has the right to change the licensee name (domain address) only once. Transferred licenses remain outside our support and do not have the right to request support from us on any issue. The customer accepts and undertakes this.
14.4 Leased Software Products;
For software products rented monthly or periodically for more than one month, no license information exchange, license transfer/transfer or refund can be made. The customer accepts and undertakes this.
14.5 The customer has no right to withdraw, cancel, change or request a refund, provided that there is no problem or grievance caused by our company regarding the products/services mentioned below.
14.7 If payments are made by credit card or a similar payment card, the consumer may request the cancellation of the payment transaction on the grounds that the card was used without his/her consent and unlawfully. In this case, the card issuer returns the payment amount to the consumer within 10 days from the date of notification of the objection.
IN NO EVENT SHALL ElinSoft Interactive Services, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING THOSE THAT MAY RESULT FROM: TO YOU OR ANY OTHER PERSON Or the accuracy, integrity or content of the information on this site, (II) the accuracy, integrity or content of the sites (II) connected to this site (II) on this site or this site SERVICES CONTAINED ON THE LINKED SITES (WHETHER THROUGH HYPERLINKS AND ADVERTISEMENTS OR OTHERWISE), (IV) ANY PERSONAL INJURY OR PROPERTY DAMAGE, (V) ANY THIRD PARTY CONDUCT, (VI) ANY CONTENT STORED THEREIN, ACCESS OR USE OF PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION, (VII) SERVICE INTERRUPTION THAT MAY OCCUR ON THIS SITE OR THE SITES LINKED TO THIS SITE (THROUGH HYPERLINKS AND ADVERTISEMENTS OR OTHERWISE), (VIII) SERVICE INTERRUPTION THAT MAY OCCUR ON THIS SITE OR THE SITES LINKED TO THIS SITE (HYPERLINK). AND ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE SITES THROUGH ADVERTISEMENTS OR OTHERWISE, (IX) DEFAMATORY, HARASSIVE, HARMFUL, HARMFUL TO MINORS OR PROTECTED CLASSES, PORNOGRAPHIC, OFFENSIVE, TEHCEN OR OTHER TYPES ANY USER CONTENT OR CONTENT THAT MAY BE SUBJECT TO DISPUTE AND/OR (X) IS BASED ON WARRANTY, CONTRACT, TORT OR THE EQUIVALENT CLAIM, AND WHETHER OR NOT ElinSoft Interactive Services HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SITE OR THE SERVICES CONTAINED ON THIS SITE, WITHOUT LIMITATION ANY KIND OF HARM OR DAMAGE THAT MAY ARISE AS A RESULT OF USE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT OR TERMINATION OF YOUR USE OF THIS SITE OR THE SERVICES FOUND ON THIS SITE.