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Terms of use Agreement

TERMS OF USE AGREEMENT

 

1. PARTIES

 

SELLER : VİMESOFT BİLGİ TEKNOLOJİLERİ VE YAZILIM ANONİM ŞİRKETİ

Address : MASLAK MAH. AOS 55.SK.42 MASLAK B BLOK SİTESİ NO:4/555 SARIYER/İSTANBUL

 

CUSTOMER: Natural or legal persons who purchase the services and products provided over the website of the SELLER or directly use the purchased products.

 

The CUSTOMER and the BUYER will be severally referred to as the "Party" and jointly as the "Parties".

 

2. SUBJECT

 

The subject of this agreement is to establish the mutual rights and obligations of the parties with regard to the sales and use of audio and video online meeting products purchased by the CUSTOMER electronically on the www.vimesoft.com website owned by the SELLER or over the agreement drawn up on the basis of the conditions agreed between the Parties.

 

3. DEFINITION of SERVICES and PRODUCTS

 

The services and products subject to this agreement consist of integrated video communication platform solutions containing various audio and video online meeting software offered by the SELLER on the https://vimesoft.com website. Products offered to the CUSTOMER are as follows:

 

· Video Conference

· Enterprise Video Platform

· Interactive Education Platform

· Collaboration

Detailed information on the products can be found on https://vimesoft.com address.

 

Contents, prices and varieties of products and services can be updated or altered by the SELLER. Any changes on the prices and contents of products shall be notified to the CUSTOMER via the means of communication (SMS, e-mail, etc.) notified to the SELLER.

 

4. RIGHTS and OBLIGATIONS OF THE PARTIES

 

4.1. Third parties, who are not parties to the agreement and who are providers of the payment instrument used by the CUSTOMER, may request from the CUSTOMER extra expenses and/or maintenance fees in addition to the price requested by the SELLER at the time of collection of the price for products or services. The SELLER shall not be responsible for the services provided by third parties to the CUSTOMER and the mentioned expenses or maintenance fees shall not be at the expense of the SELLER.

4.2. The CUSTOMER shall accept, declare and undertake that the SELLER will be authorized to disclose the CUSTOMER's information stored on the SELLER's servers

to official authorities, if required by the mandatory provisions of the effective regulations, or if the rights of other CUSTOMERS and third parties are allegedly violated and such information is demanded by judicial or administrative authorities in accordance with such allegation and, therefore, will not claim any damages from the SELLER, under whichever name.

4.3. The CUSTOMER must use a user name compatible with the public moral values while benefitting from the services. Otherwise, if detected, the CUSTOMER's user names and accounts may be deleted without notifying the CUSTOMER. The SELLER shall not accept any responsibility for the taken user names or nicknames and the responsibility shall be incumbent on the CUSTOMER.

4.4. Responsibility of any issues related to the security, storage, non-disclosure of CUSTOMER's name, password, etc. to third parties, and their usage for the purpose of making use of the services provided by the SELLER and other means available on the website shall be incumbent on the CUSTOMER, in respect of administrative and physical measures, and on the SELLER, in respect of technical and cyber measures. The CUSTOMER shall not hold the SELLER responsible, directly or indirectly, for any damages incurred by the CUSTOMER itself and/or the CUSTOMER inflicted on, or could inflict on, third parties due to their negligence and faults.

4.5. The CUSTOMER must provide the tools, software, systems and equipment fulfilling the system requirements specified by the SELLER, to be able to use the products or services. The SELLER shall not assume any responsibilities, if the CUSTOMER is unable to make use of the CUSTOMER's products or services as a result of using tools, software, systems and equipment that do not fulfill the requirements specified by the SELLER.

4.6. If a product or service provided to the CUSTOMER is misused, unlawfully used or involved in a crime, through copying, reproduction and reverse-engineering of them against the laws of the Republic of Türkiye, the SELLER's rights arising from the law shall be reserved. All legal and penal liabilities arising from such unlawful use of products or services shall be incumbent on the CUSTOMER. The SELLER shall reserve the right to recourse to the CUSTOMER, claim damages and other rights arising from the law, against all requests and claims the SELLER may encounter before third parties or competent authorities.

4.7.The CUSTOMER shall accept, declare and undertake that the information and contents they provide within the scope of using the services are accurate and lawful. The CUSTOMER must use a language compatible with the rules of ethics and goodwill, and the law, on the platforms they communicate with other served parties. The SELLER shall not be held responsible for the language used and behaviors displayed by the CUSTOMER in this communication process.

4.8.The CUSTOMER shall not transfer their rights and obligations under the User Agreement to any third party, in part or in whole, without written approval of the SELLER. The CUSTOMER cannot make such rights and obligations available to the another CUSTOMER or Third Party.

4.9.The CUSTOMER shall accept, declare and undertake not reproducing, copying, distributing and processing any images, texts, video and audio products, databases, catalogues and lists embedded in a product or shared by Third Parties/other service users, which would constitute infringement of real or personal rights, or assets, of the SELLER and/or another third party.

 

 

5. TECHNICAL SUPPORT

The CUSTOMER can access the SELLER by means of [email protected] for technical support regarding their accounts or services.

 

6. TERM OF AGREEMENT and TERMINATION OF AGREEMENT

 

The Agreement shall remain effective unless either Party terminates the agreement. This Agreement can be terminated by the CUSTOMER or the SELLER at any time, provided that a written notification is sent one month in advance.

 

7. SEVERABILITY

If any provision of this agreement becomes invalid or unenforceable for any reason or to any extent, the other provisions of the agreements shall remain effective.

 

8. CONFLICTS and THE COMPETENT COURT

Istanbul Courts and enforcement offices shall be authorized in case of any conflicts that will arise in relation to this agreement.

 

9. NOTIFICATIONS and EVIDENTIAL CONTRACT

Any correspondences to be exchanged between the Parties under this Agreement shall be exchanged by e-mail, except for the force majeure circumstances specified in the regulations. The CUSTOMER shall accept that, in case of any conflicts that may arise from this Agreement, the official books and trade registries of the SELLER, as well as the electronic information kept on its database and serves, computers and audio records will be binding and constitute evidence, and this article shall have the characteristics of an evidential agreement in the sense of article 193 of the Code of Civil Procedure.

 

10. ENTRY INTO FORCE

After reaching an agreement on the products and services between the Parties, the CUSTOMER shall be deemed to have accepted all conditions of this Agreement when they approve their order. The SELLER shall be responsible for the publication of an up-to-date version of this Agreement on its website. The Parties shall accept being su