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Legal

Website Terms of Use

User agreement governing the use of the SetXRM application and website.

1. PARTIES

This User Agreement (“Agreement”) is entered into between Argeset Yazılım Danışmanlık Tic. Ltd. Şti (“SetXRM”) and the person who registers as a user on the site located at maya.setxrm.com (“Site”). The Agreement shall enter into force upon its electronic acceptance by the User and shall remain in force unless terminated by the parties in accordance with the procedures set forth in the Agreement.

In this agreement, SetXRM and the CUSTOMER may be referred to individually as a PARTY and collectively as the PARTIES.

  • Agreement: This Agreement, which sets forth the legal and usage terms that the CUSTOMER is deemed to have read and accepted before creating a SetXRM account and starting to use its services,
  • Site: The web address http://www.SetXRM and all subpages accessible through this address,
  • Customer: The individual or institution deemed to have read, understood, and approved this agreement in its entirety, as is, before starting to use SetXRM’s services.
  • User Information: The e-mail address, password, first and last name, and telephone number specified by the Customer when opening a SetXRM account, and all CUSTOMER data subsequently entered into the system during the use of the APPLICATION that is the subject of the agreement,
  • Employees: The employees and users whom the CUSTOMER permits to use and access the relevant Application,
  • Application: All services made available online to the CUSTOMER by SetXRM and announced on the SITE,

2. SUBJECT AND TERM OF THE AGREEMENT

This Agreement is entered into for the purpose of determining the terms and conditions regarding the use by the CUSTOMER and the EMPLOYEES of the cloud-based business applications and add-ons (“Application”) accessed through the SITE and the information, documents, and data (“Content”) uploaded to the Application by the Customer and the EMPLOYEES, as well as the rights and obligations of the relevant parties.

The terms of use, rules and conditions presented to the CUSTOMER by SetXRM regarding the use of the SITE and the Application within the scope of the Agreement constitute an annex to and an integral part of this Agreement and, together with the rights and obligations set forth herein, constitute the entirety of the rights and obligations of the parties.

This Agreement shall enter into force when the CUSTOMER begins using the SetXRM application for which it has registered by entering and saving its User Information in the SetXRM system. The Agreement shall remain valid during the paid service period and shall be renewed at the end of the term for the service period to be paid.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. SetXRM shall provide the Application to the CUSTOMER as is, in the form specified on the SITE. The CUSTOMER acknowledges that, following the expiry of the free trial period granted to it by SetXRM, it will not be able to use the Application if it fails to pay the applicable fees.

3.2. The CUSTOMER represents that it is at least 18 years of age and has the legal capacity required to enter into this Agreement. If the CUSTOMER accesses the SITE on behalf of a business, the CUSTOMER and/or the EMPLOYEES acknowledge and represent that they hold the necessary authority to do so. In such case, the CUSTOMER status and the related rights and obligations shall belong to that business.

3.3. The CUSTOMER acknowledges and represents that, upon registering with the system by providing the information requested by SetXRM in a complete, accurate, and up-to-date manner in order to use the Application, it has accepted this Agreement. In the event of any change in the information provided when establishing user status, such information shall be updated immediately. SetXRM shall not be liable for any inability to access or use the SITE or the APPLICATION resulting from such information being incomplete, inaccurate, or out of date.

3.4. The CUSTOMER may not disclose the password provided to it by SetXRM to any other person or organization; the right to use such password and the obligation to ensure its confidentiality and security rest solely with the CUSTOMER. The CUSTOMER acknowledges that it shall be exclusively liable for any damages suffered by itself, the EMPLOYEES, and/or third parties as a result of the password being used by an unauthorized person, lost, or transferred, and that SetXRM shall not be liable for any damages arising in such cases. The CUSTOMER is personally responsible for the activities on the Application of its EMPLOYEES and any other users whom it has permitted to access the Application.

3.5. SetXRM acknowledges that it bears full responsibility for backing up the information and documents created in or uploaded to the Application, and that the CUSTOMER shall bear no responsibility if any information or documents are deleted from the Application at any time and for any reason.

3.6. SetXRM provides only the infrastructure for the Application and bears no responsibility for the information and documents created and shared in the Application. The CUSTOMER acknowledges and undertakes that the documents created in the Application and the information and content uploaded to the Application are accurate and lawful, and that such documents, information, and content will not give rise to any infringement of rights.

Ensuring that the content created and shared in the APPLICATION and all other related processes comply with the relevant legislation, particularly social security and labor law, including but not limited to sending documents to the EMPLOYEES, tracking them, and printing and storing such documents, as well as any and all liability that may arise in connection with the use of the APPLICATION, rests exclusively with the CUSTOMER.

The CUSTOMER’s ability to benefit from the APPLICATION may be partially or fully suspended due to use of the APPLICATION in a manner that does not comply with this Agreement and the relevant legislation. The CUSTOMER acknowledges that SetXRM may delete Content from the APPLICATION and its systems based on requirements arising from applicable legislation, particularly legal regulations, and that SetXRM shall not be liable for any damages that may occur in this regard, including lost data.

3.7. The CUSTOMER acknowledges that it holds the capacity of Data Controller within the scope of Law No. 6698 on the Protection of Personal Data with respect to the EMPLOYEES whose personal data and User Information will be uploaded to the APPLICATION; that obtaining the necessary consents from the EMPLOYEES, providing the necessary information to the EMPLOYEES, and fulfilling the obligations under the relevant legislation in this regard, including the uploading of personal data to the APPLICATION and the processing of such data by SetXRM in its capacity as Data Processor, are exclusively its own responsibility; and that SetXRM shall have recourse against the CUSTOMER for any claims and damages to which SetXRM may be exposed in this regard.

3.8. For the purpose of improving and developing the SITE and the APPLICATION and/or within the framework of applicable legislation, SetXRM may collect certain information, such as the name and Internet Protocol (IP) address of the internet service provider used to access the SITE, the date and time the SITE was accessed, the pages accessed while on the SITE, and the Internet address of the website that directly linked to the SITE.

3.9. SetXRM may disclose the CUSTOMER’s information when required as a legal obligation, or where it believes in good faith that such disclosure is necessary to act in accordance with legal requirements or to comply with legal proceedings served on SetXRM, and to protect and defend the legal rights and property of the APPLICATION and SetXRM.

3.10. Measures have been taken, to the extent of available means, to keep the SITE and the APPLICATION free of viruses and similar malicious software. In addition, to ensure ultimate security, the CUSTOMER must procure its own virus protection system and ensure the necessary protection.

3.11. SetXRM has the right to make changes to the APPLICATION, to release new versions, editions, extended forms, etc. of the APPLICATION, to add new features to the APPLICATION, or to remove existing features.

3.12. The CUSTOMER undertakes to comply with this Agreement and its annexes, any other conditions to be determined by SetXRM, the law, and the principles of good faith in all transactions it performs in connection with its use of the APPLICATION. It is the CUSTOMER’s obligation to ensure that the EMPLOYEES also comply with this Agreement and the other rules set forth in this clause while using the APPLICATION and the SITE, and the CUSTOMER is obliged to make all necessary notifications and disclosures and to obtain the necessary consents in this regard.

3.13. All legal, administrative, and criminal liability arising from the use of the APPLICATION rests with the CUSTOMER. SetXRM cannot in any way be held directly and/or indirectly liable for damages that the CUSTOMER, the EMPLOYEES, and third parties may incur as a result of the activities carried out by the CUSTOMER or the EMPLOYEES on the APPLICATION and the SITE and/or their actions in breach of this Agreement and the law. Any claims from third parties in this regard and any damages arising from the actions of the CUSTOMER and/or the EMPLOYEES shall be recovered from the CUSTOMER, payable upon first demand.

3.14. SetXRM reserves the right to mention the CUSTOMER’s trade name and the name of its authorized representative as a user reference on the Website, provided that the CUSTOMER is informed.

3.15. The CUSTOMER acknowledges that its use of the APPLICATION may be subject to limitations, including monthly transaction and storage volumes. Such limitations will be specified on the SITE.

3.16. SetXRM will store and process the information and data shared with it by the CUSTOMER and the EMPLOYEES within the scope of the “Privacy Policy,” which constitutes an annex to this Agreement. Apart from this, information belonging to the CUSTOMER and the EMPLOYEES and information regarding the transactions performed by the CUSTOMER through the SITE may be used for the CUSTOMER’s security, for the performance of SetXRM’s obligations, and for certain statistical evaluations.

SetXRM also has the right to share only the relevant Content with third parties in order to provide requested services such as sending invoices and sharing payment information. This information may also be classified and securely stored in a database, and SetXRM may use such usage and transaction information of the CUSTOMER and the EMPLOYEES, following the anonymization of such data, for APPLICATION performance evaluations, SetXRM’s marketing campaigns, annual reports, and similar purposes, for the period necessary for such purposes. The CUSTOMER and the EMPLOYEES acknowledge that the Content and other information may be stored by SetXRM or third parties in data centers located in Türkiye or abroad.

SetXRM guarantees that it will exercise due care to ensure that the Cloud Infrastructure Provider gives the necessary commitments regarding the protection of the CUSTOMER’s confidential information, its not being processed for private purposes, and the provision of the necessary security and confidentiality. SetXRM shall not be liable for any negligence or errors on the part of the Cloud Infrastructure Provider regarding the confidentiality of data. In the event that SetXRM changes its Cloud Infrastructure Provider, SetXRM undertakes to exercise the necessary care in switching to a different Cloud Infrastructure Provider that will provide the same security and confidentiality conditions.

3.17. In the event of technical problems related to the APPLICATION, the CUSTOMER shall make reasonable efforts to identify and diagnose the problem before contacting SetXRM. If the CUSTOMER’s need for technical support continues, the necessary support will be provided through the SITE, the APPLICATION, or other appropriate channels.

3.18. In the event that communication tools (such as forums, chat tools, or a message center) are provided to the CUSTOMER through the SITE, the CUSTOMER declares and undertakes that it will use these communication tools solely for lawful purposes.

The CUSTOMER shall not use such communication tools to share materials outside the purpose of the APPLICATION, including product and service sales, e-mails sent without the consent of the recipient, files that may damage the software and computer systems of third parties, content that is insulting to other users, or any unlawful content. The CUSTOMER undertakes that it is authorized to carry out any communication it conducts through the SITE. SetXRM has no obligation to check the appropriateness of communications carried out through the SITE or whether they serve the intended purposes of use of the APPLICATION.

With respect to other web-based communication tools accessed through the APPLICATION or used in connection with the APPLICATION, the CUSTOMER and the EMPLOYEES shall also exercise the same care they are obliged to exercise when using the communication tools provided through the SITE. SetXRM has the right to remove the communication tools it provides through the SITE at any time at its sole discretion.

3.19. SetXRM has the right to revise this Agreement and its annexes without any prior notice, and in the event this right is exercised, the relevant change shall enter into force upon the next use of the SITE by the CUSTOMER and the EMPLOYEES. If the CUSTOMER does not accept such changes, its right to terminate this Agreement as set forth below is reserved.

3.20. The CUSTOMER may not transfer or assign its customer account or its rights and obligations arising from this Agreement and the use of the SITE to any third party in any manner.

3.21. In the event that the CUSTOMER acts in breach of the other terms and conditions set forth in this Agreement or its representations and undertakings hereunder, SetXRM shall have the right to suspend the CUSTOMER’s membership or to terminate the Agreement as set forth below and thereby end its user status. In such a case, SetXRM reserves the right to claim from the CUSTOMER any damages arising from such breach.

3.22. Following the advance collection of the fees specified on the Website for the services requested by the CUSTOMER during application, via the CUSTOMER’s credit card or other payment methods specified by the CUSTOMER, SetXRM provides the CUSTOMER with access to SetXRM services through a username and password specifically defined for the CUSTOMER and informs the CUSTOMER via the e-mail address defined during registration to the system. During the term of this agreement, the CONTRACTOR will provide support for questions and problems encountered by the CUSTOMER regarding the use of the APPLICATION via the e-mail address info@SetXRM.com and the telephone line 0216 428 5333, Monday through Friday, between 09:00 – 18:00.

3.23. The CUSTOMER shall keep copies of the Content uploaded to the APPLICATION. Although SetXRM complies with the necessary policies and procedures to prevent data loss, it does not guarantee that no loss of Content will occur.

3.24. In the event that requests from the CUSTOMER regarding the use of the APPLICATION specified in this agreement are considered a “NEW REQUEST” or an “ADDITIONAL REQUEST,” the feasibility of the request will be assessed by SetXRM; if it is feasible, the request will be completed within the period specified by SetXRM following the CUSTOMER’s approval of the resulting workload cost.

3.25. The CUSTOMER agrees to pay the usage fees and applicable taxes (depending on the content of the service used) related to SetXRM services. Fees will be collected in advance or in installments at the beginning of each service, and a service invoice will be issued and sent to the CUSTOMER at the end of the following current period.

3.26. SetXRM notifies the CUSTOMER of service fees via the Website and/or e-mail. SetXRM reserves the right to make adjustments regarding all service pricing. Any future changes to service fees will be notified to the CUSTOMER via the Website and/or e-mail. The CUSTOMER’s continued use of SetXRM services indicates that it accepts the terms of the Agreement in force and agrees to make payments based on the applicable fee schedule.

3.27. Subscription Renewal

Annual Subscription: If the CUSTOMER does not notify SetXRM of the termination of the membership agreement at least 15 (Fifteen) days before the end of the service period, the annual membership agreement will be renewed for 1 (one) year, subject to SetXRM’s current fees and other current membership terms. In the event that an annual subscription is canceled before the subscription period expires, the subscription fee collected in advance will not be refunded to the Customer, and (if any) all remaining installments of an Annual subscription fee paid in installments will additionally be collected from the Customer.

(ii) Monthly Subscription: If the CUSTOMER does not notify SetXRM during the service period of the termination of the membership agreement for the following month, the subscription will be renewed on a monthly basis each month, subject to the current fee conditions and current membership terms.

3.28. Invoicing and Failure to Collect Payment: For any service purchased by the CUSTOMER from SetXRM or any service period renewal, payment will be collected in advance and an invoice will be issued afterwards.

3.29. For additional licenses added to the system, an invoice will be issued to the CUSTOMER at the end of the relevant month.

3.30. Fee Adjustments and Notifications SetXRM notifies the CUSTOMER of service fees via the Website and/or e-mail. SetXRM reserves the right to make adjustments regarding all service pricing. Any future changes to service fees will be notified to the CUSTOMER via the Website and/or e-mail. The CUSTOMER’s continued use of SetXRM services indicates that it accepts the terms of the Agreement in force and agrees to make payments based on the applicable fee schedule.

4. LIMITATION OF LIABILITY

4.1. SetXRM provides the APPLICATION “As Is” and makes no claim or undertaking that the APPLICATION is error-free, flawless, uninterrupted, or perfect, or that it will fully meet the CUSTOMER’s specific needs. SetXRM shall not be liable for any direct or indirect damages arising from the CUSTOMER’s use, non-use, or misuse of the APPLICATION or its failure to fulfill its undertakings and obligations set forth in the Agreement, including any and all material, non-material, and financial damages such as loss of profit, loss of data, loss of business, loss of reputation, loss of anticipated savings, and business interruption, or for any claims for compensation that may be brought by a third party; (ii) any hardware, system software/other software, and network-related functions and any failures arising therefrom; (iii) the communication network, internet connection, and connection errors; (iv) any modifications, updates, and similar work performed on the APPLICATION by the CUSTOMER, the EMPLOYEES, or third parties; or (v) damages arising from voltage fluctuations, battery and power outages, virus infections, and similar environmental factors.

4.2. To the extent permitted by applicable law, SetXRM shall not be liable for any indirect, special, incidental, or punitive damages arising from the use of the APPLICATION, including but not limited to loss of profit, goodwill, and reputation.

The CUSTOMER shall be exclusively responsible for ensuring that the documents created within the scope of the APPLICATION, their contents, and the processes following the creation of such documents comply with the relevant legislation; for the fulfillment by the CUSTOMER and the EMPLOYEES of the obligations stipulated in the relevant legislation; and for any and all claims and demands of the EMPLOYEES and third parties relating to the documents created and the use of the APPLICATION, and shall not assert any claim or demand against SetXRM in this regard.

SetXRM makes no express or implied warranty under this Agreement regarding merchantability, fitness for a particular purpose or use, or non-infringement. In any event, SetXRM’s liability for any damages that may be incurred by the company under this Agreement shall be limited to the one-month fee determined for the purchased package.

4.3. The CUSTOMER and the EMPLOYEES are exclusively responsible for the documents created in the APPLICATION and their contents, and for the use of such documents and the APPLICATION. The CUSTOMER agrees to hold SetXRM harmless from any and all claims and demands (including litigation costs and attorney fees) that may be brought by the EMPLOYEES, third parties, or organizations in relation to documents, content, services, intellectual property infringements, and the use of the APPLICATION.

4.4. The CUSTOMER acknowledges and represents that it is aware that access to the content offered through the APPLICATION and the quality of such content depend largely on the quality of the service obtained from the relevant internet service provider, and that SetXRM bears no responsibility for problems arising from the quality of such service; that SetXRM makes no undertaking that the APPLICATION is compatible with any particular device or web browser; and that the operation of the APPLICATION is not free from defects and may occasionally be subject to technical malfunctions or access interruptions.

5. CUSTOMER’S RIGHT OF TERMINATION

5.1. Account Closure: The CUSTOMER may terminate this Agreement by means of the account closure option (Delete My Account) on the SetXRM site. In such case, SetXRM shall not grant the CUSTOMER the right to perform transactions in the SetXRM account after the CUSTOMER closes the account. However, in such case, no refund of fees paid in advance for the remaining period of the subscription shall be made to a CUSTOMER holding an annual subscription, and all remaining installments of any annual subscription fee payable in installments (if any) shall additionally be collected from the Customer. On the date on which the AGREEMENT terminates, the CUSTOMER shall be obliged to pay all of its outstanding debts to SetXRM.

5.2. Currency of Payment Information: Throughout the term of the Agreement, the CUSTOMER is responsible for keeping the credit card information provided to SetXRM for collection purposes up to date. The CUSTOMER agrees that, if the expiration date of its credit card changes, it shall notify SetXRM of this information on the same day.

5.3. Provision of Data: A CUSTOMER that decides to cancel its account may request that the private data in its account be provided to it, provided that it submits such request to SetXRM before initiating the closure process. In such case, SetXRM shall provide the data in the CUSTOMER account to the CUSTOMER in Excel format within 1 week (7 days). Since the CUSTOMER data will be completely deleted by SetXRM once the CUSTOMER account closure process has begun, no data can be provided to the CUSTOMER in any way thereafter.

The services that are the subject of this Agreement belong to SetXRM, their producer, and are protected by copyright and property rights laws. All trademarks, patents, inventions, copyrights and other intellectual property rights shall continue to belong to SetXRM. Under this Agreement, the CUSTOMER shall only have the right to use the service covered by this Agreement, and may not claim any intellectual or property rights or grant sales rights to other businesses in connection with the sale of these services.

7. BREACH OF AGREEMENT AND TERMINATION OF THE AGREEMENT

7.1. SetXRM may terminate this Agreement by notifying the CUSTOMER by e-mail 15 (fifteen) days in advance. In such case, the fees for services that the CUSTOMER paid to SetXRM in advance but has not used, together with the existing data, shall be returned to the CUSTOMER. If the CUSTOMER breaches the terms set forth in this Agreement or in the SetXRM Terms of Service, SetXRM may terminate the services provided to the CUSTOMER without prior notice and may unilaterally terminate the Agreement. In such case, fees previously paid by the CUSTOMER shall not be refunded. If the required payments cannot be collected from the CUSTOMER, SetXRM may terminate the Agreement. In such case, fees previously paid by the CUSTOMER shall not be refunded.

8. DISPUTE RESOLUTION

8.1. This AGREEMENT shall be governed by the laws of the Republic of Türkiye.

8.2. The Istanbul Courts and Enforcement Offices shall have jurisdiction over the resolution of any disputes arising from this AGREEMENT.

8.3. In disputes arising from this AGREEMENT, the relevant provisions of the Turkish Commercial Code shall apply to matters not provided for herein.

9. NOTICES

9.1. Communication with the CUSTOMER shall take place via the e-mail address provided upon registration or through general announcements on the SITE. Communication by e-mail shall be deemed equivalent to written communication. It is the CUSTOMER’s responsibility to keep its e-mail address up to date and to check the SITE regularly for announcements.

10. NON-ASSIGNABILITY

10.1. The CUSTOMER may not transfer its services under this Agreement to third parties or organizations without obtaining SetXRM’s prior written consent. In the event of such a transfer, SetXRM may terminate the Agreement at any time at its sole discretion, without incurring any payment obligation.

11. FORCE MAJEURE

11.1. SetXRM shall not be liable for any failure of performance attributable to causes beyond SetXRM’s control, including earthquakes, floods, severe storms, strikes, embargoes, labor disputes, acts of civil or military authorities, war, terrorism (including cyberterrorism), natural disasters, acts or failures affecting the electrical system or internet traffic, and acts or omissions of regulatory or governmental bodies (including the enactment of laws or statutes or other governmental actions affecting the provision of online services).

11.2. If a force majeure event continues uninterrupted for 10 (ten) days, the parties shall meet to negotiate the continuation, suspension, termination, or other settlement of this Agreement.

11.3. If the force majeure event continues for a further ten (10) days and the parties fail to reach an agreement within this period, either party may terminate this Agreement.