END USER LICENSE AGREEMENT

BY USING THE JACCA PLATFORM, YOU AGREE AND DECLARE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, OR FOR ANY REASON, MOBITE BİLİŞİM TEKNOLOJİLERİ ANONİM ŞİRKETİ PREVENTS YOU FROM USING THE PRODUCT, THEN DO NOT USE THE PRODUCT ONLINE OR OFFLINE.

(A)

PARTIES AND DEFINITIONS

1. Parties

Mobite Bilişim Teknolojileri Anonim Şirketi with address (Yenibosna Merkez Mh. Prof. Dr. M. Nevzat Pisak Cd. No: 8 K: 4 Bahçelievler/İstanbul/Türkiye) (hereinafter referred to as “JACCA“) constitutes one side of this agreement and the USER is the other side.

In this agreement, JACCA and the USER will be referred to as “Party” separately and as “Parties” together.

2. Definitions

JACCA Platform: It refers to the platform that provides the services in Article B of this contract through the website www.jacca.com of Mobite Bilişim Teknolojileri Anonim Şirketi and through various portals to be developed in the future, one of the contracting parties.

User: A natural or legal person using one or more of the JACCA platform services referred to in this Agreement is a natural person or a natural person acting on behalf of the legal person.

Business: They are businesses that rent or buy the JACCA Platform to make it available to the USER (hereinafter referred to as the “Business”).

Services: Presented to the USER by JACCA; business evaluation, employee evaluation, price list display, menu display, payment, ordering, contact person/waiter calling, survey services.

(B)

SERVICES OFFERED BY JACCA

During the performance of the services provided by JACCA and described below, the USER will not go beyond the permitted purpose, will not violate the terms set out in this Agreement, will not use them in a way that infringes the intellectual property rights and / or personal rights of third parties or JACCA injured. Otherwise, and for all results arising from the use of the Business evaluation service, the USER is exclusively responsible to all parties, including third parties, and JACCA will have no responsibility. Referred to JACCA for a reason originating from the USER; in case of judicial or administrative sanctions and damages, in case of a claim for compensation JACCA will have the opportunity to recourse all of this damage to the USER. JACCA; It does not guarantee, represent or undertake any matter related to the operation and content, and any matter related to the evaluation of suggestions, notifications and complaints; these matters are the sole responsibility of the Business.

The services offered through the JACCA platform are as follows.

1. Business Evaluation: It is a service designed for instant delivery of USER complaints to the Business authorities, allowing suggestions, notifications and complaints to reach the authorities. JACCA is not responsible for any damages that may arise from the USER’s unlawful actions during the use of this service. The USER expressly declares and accepts that this responsibility lies with the USER.
2. Employee Evaluation: It is a service that allows the Business’ employees, as USERS, to reach the authorities, forward their suggestions, notifications and complaints about the company. JACCA is not responsible for any damages that may arise from the USER’s unlawful actions during the use of this service. The USER expressly declares and accepts that this responsibility lies with the USER.
3. Price List View: It is a service that enables USERS and businesses to access price information of products and services. JACCA is not responsible for price changes that may occur during the performance of the price list display service and for any damages incurred by the USER as a result of this situation.
4. Menu Display: It is a service that allows USERS to learn the prices, pictures, contents of the products and services in their businesses and to view their menus. JACCA is not responsible for any changes that may occur in the menu during the menu display service and for any damages suffered by the USER as a result of this situation.
5. Give An Order: It is the servie that USERS to access the price information of the products and services of the Business and to collect the services they wish to use or the products they wish to consume/use in a single virtual basket in line with these information and also that enables the Business to forward the order they have created with or without payment through the payment methods determined by the JACCA Platform to the authorities of Business. JACCA is not responsible for any damages that the USER may suffer from price changes that may occur during the performance of the price list display service, and in cases of repeated payments, overpayments, non-payment for any reason, and card security issues.
6. Make Payments: It is a service that allows USERS to make payments after the service they have received in businesses through the payment service providers contracted by JACCA through the JACCA Platform. JACCA is not responsible for any damages to be incurred by the USER in matters related to card security, double payment, overpayment, non-payment for any reason.
7. Call Contact Person/ Waiter: It is the service that allows the USER to call the contact person/ waiter in the enterprises through the JACCA Platform. JACCA is not responsible for any damages that the USER may suffer in case the Contact Person/ Waiter does not arrive or arrives late.
8. Survey: It is a service that allows the USER to answer the questionnaires that businesses will send to them. JACCA is not responsible for any damages that may arise from the USER’s unlawful actions during the use of this service. The USER expressly declares and accepts that this responsibility lies with the USER.
9. Loyalty Program: It is a service that includes loyalty applications like earning points, earning free products etc. that can be used for discount purposes that Jacca can offer to its customers through the Jacca Platform. JACCA is not responsible for any damages that may arise from the USER’s unlawful actions during the use of this service. The USER expressly declares and accepts that this responsibility lies with the USER.

(C)

GENERAL CONDITIONS

1. The USER can use one, some or all of the services offered by the JACCA Platform under the conditions specified in this contract.
2. The USER makes evaluations in line with the quality of the service they receive, employee evaluations and other satisfaction measures with suggestions, notifications and complaints regarding the Businesses through the JACCA Platform. According to this; the evaluation in question is similar to the “complaints and suggestions” practice, which is extremely common in the service sector, and is based on the voting system. The USER can also access price display and menu display services, which are among the other services available on the JACCA Platform.
3. JACCA; may reward the USER in various ways according to the participation rates and the titles deemed appropriate for them based on the USER’s interests and can offer personalized campaigns to the USER and share the USER’s information on the platform with the companies that will provide the relevant campaigns and awards. JACCA does not make any promise or commitment to award the USER and is solely authorized to decide on the form of the award, determining the award, changing it and removing it from the application. The USER cannot claim any rights or receivables from JACCA in this regard. However, in case the Businesses do not get consent for sending electronic messages on behalf of JACCA, the opportunities, campaigns and discounts to be offered to the USER through the JACCA Platform and the responsibilities that may arise from this are entirely the responsibility of the Business providing the opportunity, campaign and/or discount; the USER accepts and declares that he/ she makes JACCA free of responsibility in this regard.
4. To the USER via the JACCA platform in the manner and frequency determined by JACCA; questions such as the service they receive, the employee, the business, etc. can be asked. Whether or not to participate in the question application is at the discretion of the USER. The USER accepts and declares that he/she approves the commercial communication in this place.
5. JACCA, if it wishes, may set limits/quotes on the services it provides for the USER. By providing access to the USER who is below the said limit or quota, it can prevent these people from commenting if it deems necessary.
6. JACCA may prevent the USER from using the application, who uses the JACCA Platform for purposes other than its intended purpose and may harm herself/ himself and third parties. JACCA will not be responsible for the damages caused by the USER to the Business or third parties.
7. JACCA is solely authorized to determine whether the USER can comment on service quality and satisfaction, apart from scoring.
8. JACCA may make changes in the services it offers or add to the application and may receive advertisements that will appear on the homepage of the platform. JACCA is solely authorized to add such developments to the application or to narrow the scope of application.
9. JACCA has the authority to suspend the access of the USER to the JACCA Platform indefinitely, if it is determined that the said platform is used in a malicious way in order to harm businesses or to provide unfair benefits (for example, constantly giving low scores to the same business or constantly giving very high scores to the same business, contrary to the ordinary course of living), even if it seems to be in accordance with the terms of use. In these cases, the USER will not be able to claim any rights or receivables, and all other rights of JACCA will be reserved.
10. The parties cannot transfer their obligations or some of their obligations arising from this contract to third parties without the consent of the other party.
11. In the event that any article and provision of this agreement is invalid or unenforceable, the other articles and provisions will continue to apply in full. The Parties shall make the necessary arrangements by mutual agreement to replace such invalid or unenforceable articles and provisions with other articles and provisions suitable for the same purpose.
12. The fact that JACCA has not used any of its rights and powers arising from this contract cannot be interpreted as a waiver.
13. Any additions, deletions and changes to be made in the contract are published by JACCA on the website and new provisions will be binding for the USER.

(D)

RULES OF USE AND SAFETY

JACCA is open to everyone. Services provided on the Site unless otherwise noted, are free. In the following written cases, JACCA management may block the access of the relevant USER and reserves its legal rights about the person or persons involved in the following attempts:

1. Recording of information, evaluations and comments that contain incorrect, irregular, incomplete and misleading information, expressions that do not comply with the general moral rules and contradict the laws of the Republic of Turkey;
2. Copying the content of JACCA in whole or in part without permission;
3. Although it seems to comply with the terms of use of the JACCA Platform, it is used in a malicious way to harm businesses or to provide unfair benefits (for example, constantly giving low scores to the same business or constantly giving very high scores to the same business, contrary to the ordinary course of living);
4. Endangering the technical, economic and legal security of JACCA through the use of software that prevents the operation of the site and the software used; or by performing activities or attempting to do and by obtaining the information, by deleting, by changing.

(E)

CONTENT USAGE

1. Visual and written content presented through JACCA is for personal use. JACCA is the owner of all materials, including the domain name, logo, icon, demonstrative, written, electronic, graphic or machine-readable technical data and other visual products, marketing systems used, business methods and business models and related intellectual and industrial property rights, contained in the content of JACCA or licensees of proprietary rights and therefore under legal protection. Unless otherwise stated, it cannot be used for commercial or personal purposes without permission or reference. Publishing any element in this application in another medium or website is subject to the permission of JACCA. The USER declares and undertakes to use the software in accordance with applicable laws and this Agreement in a manner that does not violate the rights of third parties, does not infringe or promote illegal use of intellectual property, privacy, trade secrets, JACCA products etc.
2. The right of the software used for the JACCA Platform belongs to JACCA. Copying or using the said software is strictly prohibited. The USER cannot copy, reverse engineer, decompile, attempt to derive the source code, decrypt or modify any part of the software. The USER agrees and undertakes that he/she will not do these things or, if transactions are made on behalf of the organization or the Business, the persons using the software under the said organization will not be allowed to do these. Any copy of the Software violates this Agreement. The USER other than as stated in this Agreement cannot use, modify, translate, reproduce, develop, share the Software partially or completely or cannot transfer, sell, sub-license, rent, lend or borrow the usage rights of the software or copies of the software or use it to provide commercial services. Except where this restriction is expressly prohibited by law, the USER may not reverse engineer the software or otherwise attempt to locate the source code.
3. The USER cannot use the software and its functions in a way that imitates another real or fictitious person, or pretends to act like or on behalf of them. The USER cannot access or try to access someone else’s account or information without permission.
4. JACCA is not obliged to control the transactions of the USERS in any way. However, although the data controller is an Business, JACCA will be able to contribute to compliance with the legislation as a data processor, if necessary. In this context, the USER accepts, declares and undertakes that JACCA can control it in order to check that it complies with this Agreement and, if necessary, to develop on the JACCA Platform.
5. The USER agrees to use the Platform and its functions in a way that does not limit the access opportunities of other USERs using the Platform. JACCA reserves the right to limit the scope of services provided to the USER separately in order to ensure that the services are used by as many USERS as possible. Limiting the scope of Services also means completely terminating the possibility of using any of the Platform functions and deleting data and information regarding a particular function of the Platform on JACCA’s servers or third party servers.

(F)

RESPONSIBILITIES

1. JACCA provides the services specified within the scope of this contract to the USER according to the preferences of the Business, and does not provide any guarantees and does not accept any responsibility other than its obligations arising from the legislation. The Platform is provided “as is” by JACCA. To the extent permitted by law, JACCA makes no warranties regarding software and support and JACCA disclaims all other obligations and responsibilities or warranties, express or implied, with respect to the Platform, including the implied warranties of merchantability, quality, fitness for purpose, non-infringement of a particular purpose, title, or system integration.
2. The USER is fully responsible for the content he/she uploads to JACCA servers using the Platform. The USER declares that he/she has all the rights related to the content in question or that he/she has the authority to upload the content or is otherwise legally permitted and that the said content does not violate any terms of service regarding the Platform. He undertakes not to use this content, information or material for any purpose other than that permitted for use of the platform or in a manner that violates the provisions of this license or the intellectual property rights of third parties or JACCA. The USER agrees that while using the Platform, it will not install harmful software, viruses, malicious software that will harm the Platform in any way, and will not perform vulnerability scanning activities on the Platform. The User agrees that he/she will not upload any files or perform any operations that will aggravate the network capacity of the Platform, including but not limited to, that are not authorized by JACCA and that will harm JACCA directly or indirectly.
3. The USER cannot sell, transfer, lease, redistribute Platform, software, licences regarding the usage right. Or USER cannot give a part of the license to third parties.
4. The USER agrees and declares that he/she will not copy, reproduce, process, disseminate, publicly transmit or retransmit the products in JACCA and that he/she will comply with all obligations, including legal and penal clauses, within the framework of the limitations imposed on him in the Law No. 5846 on Intellectual and Artistic Works.
5. USER; While benefiting from the relevant services on the JACCA platform, the Turkish Penal Code, the Turkish Commercial Code, the Law on Intellectual and Artistic Works, the Decree Laws on the Protection of Brand and Patent Rights, the other Turkey’s obligations, the Law on the Protection of Personal Data No. 6698 (“KVKK”) and other agrees in advance to comply with the provisions of the relevant legislation and all kinds of announcements, policies, notifications, agreements and amendments to be published regarding the services of JACCA. All legal, penal and financial responsibilities that may arise due to these notifications and illegal use belong to the USER.
6. If it is determined that the USER does not comply with the obligations set forth in this agreement or the general rules announced by JACCA, the USER’s use of JACCA may also be blocked by JACCA for a period of time or indefinitely. The responsibility of any damages that may arise before the other USER, members, businesses and third parties due to the USER’s non-compliance with its obligations in this contract or the rules notified by JACCA belongs to the USER. In this case, all legal rights of JACCA against the relevant USER are reserved.
7. JACCA is not liable for any damages, excluding its responsibilities arising directly or indirectly from the legislation, in one of the following cases regarding the services specified in this contract.
8. Content errors that may arise during the use of the platform,
9. Loss of personal rights or property rights arising from the use of the Platform by the USER,
10. Data loss on servers due to unauthorized access to its servers without the fault of JACCA,
11. Any interruption or suspension of access to the platform,
12. Any damages that may occur due to any third party behavior,
13. Any loss of data from its servers without the fault of JACCA,
14. Any loss of content that may arise due to the use of the Platform or any damages arising from Platform’a error,
15. Any action caused by the USERS which is constituting a crime, violation or misdemeanor pursuant to Turkish Laws,
16. Failure to perform the services properly,
17. Failure to obtain the expected benefit from the service,
18. Damages to be incurred due to the negligence, intent or bad intention of the Business in the performance of the service.
19. JACCA is the data controller for certain personal information in the category of identity and communication, which the USER transmits with the consent of the USER before the evaluations to be made through the Platform, and which it will collect through the JACCA Platform; for non-member USERS, it is obliged to keep it as a data processor on behalf of the business and to prevent the misuse of such information, except for the provision of related services. The USER declares that the personal data he/she has given is correct and up-to-date, and also undertakes that she does not use the data of third parties unlawfully. Otherwise, the USER is responsible for all damages that will be incurred by the evaluated business or the 3rd person whose data is used due to the information given intentionally or negligently. Despite the indemnity sanction that any person may impose on JACCA in this regard, the right to recourse this sanction to the USER belongs to JACCA itself.
20. The USER is directly responsible for any damages that may arise from the sharing of the usage rights granted to the USER with third parties or organizations (the use of this information by persons other than the USER). Likewise, the USER cannot use personal information such as IP address, e-mail address, USER name belonging to another person in the internet environment, and cannot access or use other USER’s private information without permission. The USER is deemed to have accepted that he/she will cover all kinds of legal and penal liabilities that may arise due to such use and any damage that JACCA may incur due to such a situation.
21. The USER declares and undertakes that while using the services offered by the JACCA Platform, he/she will not act against the obligations specified herein, that he/she will not use the JACCA platform other than its purpose, that he/she will not violate the intellectual property rights and / or personality rights of third parties or JACCA. Otherwise, for all the consequences that may arise, the USER is exclusively responsible to all parties, including third parties, and JACCA will not have any responsibility and agrees to indemnify JACCA in cash, defeat, and in kind for any and all losses incurred by JACCA. JACCA has the right of recourse to the USER for any compensation and/or administrative/judicial fines that the USER may have to pay to public institutions and/or third parties due to the use of the JACCA Platform.
22. The USER cannot delete or remove the Copyright, Trademark and all kinds of Intellectual and Artistic Works Law notes on any material copied from JACCA or printed with a printer. The USER accepts that the owner or licensee of the Materials and related intellectual and industrial property rights is JACCA.
23. The USER accepts, declares and undertakes that the personal data collected, used or otherwise processed through the Platform is processed in accordance with the KVKK and other relevant legislation and that JACCA has no responsibility in this context.
24. The JACCA Platform may contain links or reference links to other websites that are not under the control of JACCA. JACCA is in no way responsible for the content of these sites or any other links they contain.
25. In the orders placed by the USER using JACCA, the obligation to issue invoices and receipts does not belong to JACCA. The obligation to issue invoices and receipts is on the Business. JACCA is not responsible for the problems that may arise within the scope of the Tax Law and Tax Procedure Law in invoice, receipt and related issues. The USER expressly declares, accepts and undertakes that it will not be responsible for JACCA in this context.
26. JACCA reserves the right to use all information connected to the USER’s account regarding its own marketing activities, provided that the USER gives marketing permission to JACCA, subject to the applicable legal regulations.
27. Special rules and obligations may be specified in different periods regarding the use of the application by JACCA. In such cases, the USER is deemed to have accepted in advance to comply with these rules.
28. The USER accepts that he/she will be deemed to have accepted all the terms and conditions of this USER agreement from the moment he/she starts to benefit from the service and that the agreement will make a provision for himself/herself. The USER agrees to indemnify JACCA in cash, defeat and in kind for any and all losses incurred by JACCA due to its violation of the obligations it has undertaken under this contract. JACCA has the right of recourse to the USER for any compensation and/or administrative/judicial fines that the USER may have to pay to public institutions and/or third parties due to the use of the Platform.

(G)

JACCA’S RIGHTS AND OBLIGATIONS

1. JACCA reserves all its rights regarding the Platform, except for the right to use the JACCA Platform given to the USER in this Agreement.
2. JACCA may provide bug fixes, upgrades and other changes to the Platform from time to time. Updates may be installed automatically without any additional notice or additional permission.
3. If the USER does not comply with any of the terms of this agreement, JACCA has the right to withdraw from or terminate the agreement, without prejudice to any authority or legal solution that JACCA may apply.
4. JACCA accepts and undertakes that the USER will benefit from the contracted services, excluding technical malfunctions, and that the USER keeps the personal information shared by him/her as a data processor on behalf of the Businesses and that this information will not be shared with third parties or organizations other than the Businesses. In case the USER accepts the JACCA Platform membership, the USER’s information will be stored by JACCA as the Data Controller.
5. Any electronic sabotage or attempts by the USER to interfere with earnings that will prevent the JACCA Platform from working; and/or If it is determined that the user has caused the attack, or if a criminal complaint or official investigation request is received from the official authorities, JACCA has the right to investigate the identity information of the USER and report it to the relevant institution.
6. JACCA may unilaterally amend this contract without any notice in order to ensure the continuity of the services it undertakes. JACCA always has the right to permanently or temporarily stop the service it provides unilaterally, to change the content of the service or to cancel it, without giving any reason. User agrees to this right. In case of any change, JACCA will publish the current terms of use with a new date update under the same application, and if it deems necessary, it will be notified to the USER by e-mail. The renewed current terms of use will be effective from the moment they are published by JACCA, and the use of the JACCA Platform will be subject to the renewed terms of use from that moment on.
7. The account of the USER, who uses materials contrary to the provisions of this contract within JACCA, may be terminated unilaterally by JACCA without any notification.

(H)

PROTECTION OF PERSONAL DATA

1. JACCA has prepared the clarification text regarding the processing of the personal data of the USER, who is a member of the JACCA Platform, in accordance with Article 10 of the KVKK regarding the details of the processing activities regarding the personal data and presented it to the information of the USER. The information provided by the USER will not be used in any scope other than the purposes detailed in the said lighting text.
2. JACCA is the data processor in terms of USER data that is not a member of the JACCA Platform, which evaluates businesses through the JACCA Platform. The personal data here is kept and stored on behalf of the Businesses that is the data controller. Regarding the personal data processing activity within this scope, the personal data clarification texts of the Business are presented to the USER’s information on the Business evaluation page on the JACCA Platform.
3. In accordance with Article 12 of the KVKK, JACCA takes all necessary technical and administrative measures to ensure the appropriate level of security in order to prevent the unlawful processing of such personal data, to prevent illegal access to this personal data, and to ensure the preservation of this personal data.
4. If the USER has any request regarding the protection of his/her personal data, to the relevant data controller in line with the procedures and principles specified in Application Form Of The Related Person, which he can access from the relevant clarification texts; in other words, if the business is evaluated without membership, it will be able to apply to the Business that is the data controller; if the USER is a member of the JACCA Platform, the data controller will be able to apply to JACCA.

(I)

INTELLECTUAL PROPERTY RIGHTS

1. The JACCA Platform subject to this Agreement is subject to protection in accordance with the intellectual property law determined by national and international legal regulations. By using this product, the USER declares that JACCA is aware of such intellectual property rights. Any trademark, trade name or all ideas, methods, algorithms, formulas, processes and concepts, all future updates and upgrades and all other improvements, revisions, corrections, related to the contract products and services owned or to be owned by JACCA, patches, modifications, extensions, releases, upgrades, and policy and database updates, other updates within or to JACCA products and documentation, any derivative works based on any of the foregoing, and all copies of the foregoing trade secrets of significant commercial value to JACCA; and any copyright or other intellectual or industrial property rights; shall not be construed as being transferred by license or in any other way by any provision of the contract.
2. JACCA only grants the USER the exclusive and non-transferable right of use regarding the product subject to the contract. For the avoidance of doubt, it should be noted that the licenses to be granted and the rights of the licenses cannot be transferred to another real or legal person other than the USER. Otherwise, the USER; In the event that JACCA is faced with a legal, administrative and/or criminal claim, it is obliged to pay all damages of JACCA together with all legal default interest charges and all other accessories that will accrue from the date of the written request.
3. The USER cannot copy, reproduce, disassemble or use JACCA products on any media (magnetic tape, paper tape, disk memory cartridges, etc.) and use them outside the scope specified in the Agreement. Products cannot be sold, transferred, rented, offered for the benefit, reproduced and distributed to a third natural and/or legal person without the approval of JACCA, except for the purpose of the Platform within the scope of the Agreement.
4. The USER cannot copy, reproduce, disassemble, disrupt the order or otherwise benefit from this information, or take any action on the software, even for the purpose of interoperability with other software, without the approval of JACCA.

(J)

TERM AND TERMINATION OF THE AGREEMENT

1. This Agreement shall be valid from the moment the terms of the Agreement are accepted by the USER.
2. JACCA reserves the right to suspend the use of its services, remove their content or disable USER accounts that violate the terms and conditions specified in this agreement, in case of violation of the terms and conditions specified in this agreement by the USER.

(K)

OTHER PROVISIONS

1. The USER accepts, declares and undertakes that the telephone numbers or email addresses provided by him/her on the JACCA platform are legal notification addresses, that the notifications and communications to these addresses will reach them and if notification is made to the previous addresses, this will be considered valid and all legal consequences will unfold if the change of address is not communicated to JACCA in writing. In addition, notifications to JACCA regarding the contract can be sent to the e-mail address [email protected] with secure electronic or mobile signature. Notifications to be made to the USER will be considered valid if they are made to the e-mail address or phone number notified by the USER for verification.
2. This contract consists of 14 (fourteen) pages and 11 (eleven) titles.