Apsiyon
Application For Resident
Manager User Agreement
You shall be deemed to have fully understood and accepted all of the matters addressed below, which contain important information about visiting and/or using the Apsiyon, as an inseparable whole, starting from your first visit to Apsiyon.
1.1. These Terms of Use shall be valid for all the persons
who access Apsiyon as a Manager. Therefore, please read the terms outlined
below carefully. If you do not accept these conditions, do not use Apsiyon.
1.2. Apsiyon is owned by Apsiyon Bilişim Sistemleri
Sanayi ve Ticaret A.Ş. (“Apsiyon”) based in “TRC Plaza Altayçeşme Mah. Öz Sk.
No:19 34843 Maltepe / Istanbul. Services offered through the Apsiyon app shall
be provided by Apsiyon. Apsiyon reserves the right to change the existing or
future information, forms, content of any kind on the Platform, as well as
these Terms of Use, at any time, without further notice.
1.3. Apsiyon shall have the right to change the conditions specified in the Terms
of Use herein at any time and without any notice. These changes shall apply to
any Manager who visits or uses the Platform as of the day these Terms of Use
are published on the website. The Terms of Use herein cannot be changed
unilaterally by the Manager.
1.4. The subject of this
Agreement is the establishment of the terms and conditions regarding the use
of the Platform and the Services by the Manager and regulation of the rights
and obligations of the Parties. Any and all rules, announcements, and
statements to be made on the Platform regarding its use and other issues shall
be considered to be integral parts of the Terms of Use. With these Terms of
Use, the Manager accepts in advance, all kinds of rules, announcements,
notices, and declarations specified on the Platform.
3.1. Apsiyon is an auxiliary platform that offers digital
services for community association managers and management companies
authorized by community associations. Apsiyon provides comprehensive services
to the Managers and residents of the communities within the scope of the
service agreement concluded with the managers of the communal living space and
management companies authorized by the communal living spaces. All Services
offered by Apsiyon to the Managers, including those provided by these Terms of
Use, are provided under the Service Agreement concluded between Apsiyon and
the Manager. As such, Apsiyon possesses the title of "hosting provider" as
defined in Law No. 5651 on the Regulation of Broadcasts via Internet and
Prevention of Crimes Committed through Such Broadcasts in terms of the
Services it provides through the Platform, and the Manager accepts and
declares that Apsiyon holds no responsibility for the contents posted on the
Platform by the Manager and/or Resident.
3.2. Within
the framework of the contractual relationship with the Resident and within the
scope of the Service Agreement, the Manager may have uploaded, sent or
otherwise entered some information and/or other data about the Resident on the
Platform. In such situations, the Manager agrees and declares that Apsiyon has
no title to the information or data uploaded, sent or otherwise entered to the
Platform by the Manager and it just offers storage service to offer such
information or data to the use of the Manager exclusively in line with the
instructions of the Manager, and that being the case, should Resident request
that its certain information and/or data is/are not stored in the Platform, it
may contact the Manager acting as data supervisor pursuant to Personal Data
Protection Law No. 6698.
3.3. The Manager agrees and
declares to be duly authorized if it accesses the Platform on behalf of an
operator and/or communal living space. In this respect, the Manager agrees,
declares and undertakes that Apsiyon exclusively provides a platform and is
authorized to upload all kinds of data to the Platform, including but not
limited to the Personal Data the Manager has entered and has received explicit
consent of relevant persons where necessary; Apsiyon is in the capacity of a
data processor for the Resident or the Manager in terms of the data uploaded
to the Platform; in this respect, it has no responsibility in terms of the
data uploaded to the Platform by the Resident or the Manager, except those
explicitly specified in the applicable legislation, including but not limited
to the obtainment of the explicit consent of relevant persons.
3.4. The Manager may access to the data or information as well as the information
regarding the use of Services, which the Company has entered in the Platform,
as long as the duration of the Service Agreement between the Manager and
Apsiyon, at any time except in the cases of suspension or cancellation of
access permit, may upload this information and data to its devices, or may
change, delete or otherwise process them. Apsiyon has the right not to
disclose the information or data arising from the use of Platform to third
parties, including but not limited to the Manager, unless required by law,
such as a decision duly taken by a prosecutor or a court.
3.5. The Manager may make announcements to Residents regarding the site it
undertakes to manage, by sending SMS or e-mail via info@apsiyon.com on the
Platform. The Manager agrees, declares and undertakes that it shall be
responsible for the compliance of these announcements with the legislation and
for all requests to be submitted by Residents to Apsiyon or to the Manager,
and that, Apsiyon doesn't control these contents or hold any responsibility
regarding the contents to be submitted.
3.6. The Manager
agrees, declares and undertakes that the e-mails and/or SMS to be sent to the
Resident via the Platform will only be used for messages regarding the service
fees or other similar issues of the site which the Manager is liable to
manage; the Manager won't send any commercial promotional offers to the
Residents via the Platform; and if the e-mail or and/or SMS contents are in
kind of commercial electronic messages pursuant to Law No. 6563 on the
Regulation of Electronic Commerce and Regulation on Commercial Communication
and Commercial Electronic Messages, the Manager will be liable for all
requests submitted by Residents to Apsiyon or to the Manager itself and that;
if Apsiyon is subject to any sanction due to the posting of the illegal
message, Apsiyon will refer to the Manager for the compensation of the damage
it has incurred.
3.7. The Manager is personally
responsible for the use and management of all information that allows the use
of the Platform, including the accounts, usernames and passwords. In this
respect, the Manager cannot assign its account, username and password or
membership profiles to another user under any conditions or allow its use by
third parties. Every transaction performed with the username and password
using the account belonging to the Manager shall be deemed to have been
carried out by the Manager. The Manager shall be exclusively responsible for
the damages incurred by the Manager, Resident and/or third parties due to the
loss or transfer of such information or its use by persons other than the
Resident. Should the Manager become aware of the unauthorized use of its
account and/or password or any other breach of security regarding the account,
it is obliged to notify Apsiyon immediately. Apsiyon has the right to deny
Manager's access to the Platform for the purpose of preventing non-authorized
use.
3.8. The Manager agrees, declares and undertakes
hereby that Apsiyon is not obliged to check any information given to it, and
it does not guarantee the truth of such information under any circumstances.
However, the Managers agree and declare that they are obliged to provide the
Platform with their own, true and complete information in order for the
Services to be provided as requested, or otherwise, they will be obliged to
cover all losses suffered by Apsiyon due to inaccuracy of such information.
3.9. Regulations regarding the information and data provided by the Manager and/or
the Resident are established within the scope of the Terms of Use and the
Clarification Text. Apsiyon does not use such information or data outside the
scope specified in these Terms of Use and the Clarification Text or does not
transfer it to third parties.
3.10. The Manager declares
that it is over the age of 18 and has the legal capacity to be a party to the
Terms of Use herein.
3.11. The Manager agrees and
undertakes hereby that it will use the Platform and the Services in accordance
with these Terms of Use and that all its activities on the Platform and/or the
contents it has created, will comply with the Platform usage rules and
applicable legislation. Accordingly, the Manager shall comply with the Terms
of Use and the rules and conditions published on the Platform, as well as the
laws, and the code of conduct and honesty, in all of its activities on the
Platform, and shall not engage in any activity that may undermine the
operation of the Platform, or any activity that infringes or that has the risk
to infringe the rights of third parties.
3.12. The
Manager agrees and undertakes that it will not share any content that violates
the personal rights of the Resident and/or third parties, that contains
inappropriate, sexual content, insult or hate speech, slanderous or
threatening statements, intimidations and/or harassments on any communication
channel provided by Apsiyon; and that, it will inform Apsiyon if it becomes
aware of any content that can be categorized as such.
3.13. Any legal, administrative or criminal responsibility arising from the use of
the Platform shall belong to the Manager using the Platform. Apsiyon cannot be
directly and/or indirectly held responsible for any damages incurred by third
parties as a result of the Manager's activities on the Platform and/or actions
incompatible with the Terms of Use or relevant legislation. With regard to all
kinds of requests from third parties in this context, the damages to be
incurred by Apsiyon due to the Manager's failure to fulfill its obligations
laid out in the Terms of Use or the relevant legislation shall be referred to
the Manager to be paid, upon the first request, together with their
derivatives.
3.14. The ability to access the Services
provided through the Platform is largely dependent on the quality of the
service provided by the respective Internet service provider. Apsiyon bears no
commitment and/or responsibility regarding the service offered by Internet
service providers or the quality of this service. Accordingly, the Manager
agrees hereby that the Platform is not free of defects and that despite
Apsiyon's well-intentioned efforts, occasional technical failures and/or
access barriers may occur.
3.15. The Manager shall not
upload any promotional content to the Platform without taking prior consent of
Apsiyon.
3.16. The Manager agrees and declares that
there may be outbound links on the Platform to websites and/or platforms,
files, or content outside the control of Apsiyon, that third-party services
may be offered but it does not necessarily mean that Apsiyon supports such
services or their providers in any way or make any kind of declaration or give
any guarantee about the websites of the said services or the information they
contain and that Apsiyon shall bear no responsibility for the platforms,
websites, files and content, services, or products accessed through such
links. Accordingly, Apsiyon does not necessarily approve of any content
accessed via external links on the Platform.
4.1. All rights regarding the software, images and designs,
texts, logos, and graphics used on the Platform belong to Apsiyon. Under no
circumstances shall the information and/or software be copied or used for
purposes other than those related to the Platform and the pictures, texts,
images, files, etc. be copied, distributed, processed, or used in any other
way. Accordingly, the Manager agrees and undertakes not to copy, modify,
create derivatives of or expose the Platform and/or its content and not put
them into commercial use without taking prior written consent of Apsiyon, and
that otherwise, it will be legally and criminally liable, in which case, it
will be obliged to indemnify all the losses incurred by Apsiyon.
4.2. Under no circumstances shall the Manager (i) Take any action that may
threaten the security of the Platform, prevent the operation of the Platform
software, or hinder other Managers and/or Residents from using the Platform
and/or harm third parties, (ii) Impose a disproportionately large load on the
infrastructure of the Platform; access, copy delete, modify, or attempt to
access information published on the Platform and/or posted by others without
authorization, (iii) Use or try to use software that will prevent the
operation of the Platform and its software, disrupt the operation of all kinds
of software, hardware, and servers, cause them to break down, perform reverse
engineering, organize cyber-attacks, or intervene in other ways, or attempt to
gain unauthorized access to the servers of Apsiyon.
4.3. The Manager shall not upload to Platform any information or materials,
articles, images, software or other similar content subject to intellectual
and industrial property rights, without duly getting the consent of the owner
of such right. Apsiyon shall refer to the Manager for all requests related
with infringement of third-party rights, including intellectual and industrial
property rights. All responsibility shall solely belong to the Manager in the
event of any conflict regarding this issue.
5.1. Apsiyon does not give any direct or indirect guarantee
to the Managers for the Services, including suitability for certain purposes,
uninterrupted continuity, updating, sales guarantee, functionality, truth or
accuracy. Apsiyon may completely stop or suspend the Services for a temporary
time period as it deems necessary. Apsiyon shall not be held liable against
the Managers for complete stop or temporary suspension of the Services.
5.2. In any event that's legally considered as a force majeure event, Apsiyon
shall not be held legally responsible for its delay or failure of fulfilling
any of its liabilities arising from the Terms of Use and/or its annexes. Such
events shall not be regarded as delay, non-performance, or default in terms of
Apsiyon, or Apsiyon shall not be held liable to compensate the Manager for any
damages incurring because of such events.
5.3. Apsiyon
shall not be held liable for any direct or indirect damages that may ensue
from entering the Platform, using the Platform or the information, data, or
software on the Platform, using services, gross negligence due to the
violation of the Terms of Use, acts of injustice, or other reasons. Apsiyon
shall accept no liability for situations such as errors, negligence, deletion
or loss of data, delay of transactions or communication, computer virus
infection, errors in communication, hacking, computer crashes, unauthorized
entries, and modification or use of records that arise out of the violation of
the Terms of Use, acts of injustice, negligence, or other reasons. The Manager
holds Apsiyon harmless of all kinds of damages and claims, including any
liability, court costs or other costs that may arise from accessing websites
the links of which are provided on the Platform or from the use of the
Platform.
5.4. The Manager is exclusively responsible
for all the information and contents it shares on the Platform. The Manager
shall be solely responsible for all the damages or claims that arise in
relation to the contents it has shared or entered. All these claims and
damages shall be referred to the Manager and in the event that Apsiyon covers
such claims and/or damages, they will be referred to the Manager.
5.5. The Manager agrees and declares that Apsiyon has no duty to investigate the
authenticity, originality, security or accuracy of any information shared on
the Platform, or to determine whether sharing this information is in
accordance with the law or not and that the Manager will be exclusively
responsible for the information it has shared, and Apsiyon will not be liable
for the damages that may come out in relation with this information.
5.6. The Manager shall be exclusively responsible for all risks related to its use
of the Platform and the Services. The Manager accepts the Terms of Use for the
Services "in their entirety" as of the effective date. Within the scope of the
Terms of Use herein, Apsiyon gives no explicit or implied guarantee regarding
commercial suitability, fitness for a particular purpose or use, or
non-infringement. Apsiyon does not guarantee that all requests of the Manager
will be met; however, it does reserve the right to make changes in the service
content, features, and/or modules to improve service quality or expand the
scope of or diversify the services provided. Such changes shall be published
online and valid as of the date of publication. The Manager does not have the
right to claim anything from Apsiyon on the basis of such changes. The Manager
agrees, declares and undertakes that it will not claim anything from Apsiyon
under any name regarding the use or leasing of the Platform; Apsiyon will not
be responsible for the relationship between the Manager and the Resident and
Apsiyon does not give any guarantee or undertaking that the Platform and/or
Services will be perfect and/or meet all the expectations of the Manager.
Apsiyon shall not be held responsible for any direct, indirect, special,
incidental, or punitive damages, including but not limited to the loss of
profits and the loss of goodwill and reputation, caused by the actions of the
Managers using the Services.
6.1. The Manager may unilaterally terminate this Agreement
for Use at any time by closing its account on the Platform. In this case, the
Manager will not be able to use the Services provided through the Platform.
6.2. If the Manager does not comply with the provisions, rules or conditions in
the Terms of Use and/or its annexes, if its activities pose a risk in terms of
legal, technical or information security, or if it infringes the personal and
commercial rights of third parties, Apsiyon may prohibit the Manager's use of
the Platform, temporarily or permanently, or may deny Manager's access to the
Platform. The Manager cannot make any claims against Apsiyon when this
happens.
6.3. Apsiyon may suspend or terminate the Terms
of Use for a limited or indefinite period at any time without giving any
justification or may suspend or close the Manager's account without making any
prior explanation.
7.1. In the resolution of any and all disputes that may arise from these Terms of Use, the provisions herein shall have precedence, and relevant legislation of the Republic of Turkey shall govern all disputes that are not covered by this document. Istanbul Anatolian Courts and Execution Offices shall be authorized in the resolution of disputes arising from the implementation of the Terms of Use herein.
