Conditions And Conditions  

Dear User,

You can find the rules that you are bound by regarding your visit to and use of the Supsis Platform in the Supsis User Agreement below. We would like to state that due to ongoing technical innovations and changes in the relevant legal framework, the provisions of this Agreement must be amended and/or corrected by us from time to time. The relevant amendments and/or corrections will be valid from the moment they are published on the Website. Therefore, we kindly ask you to review the terms of this Agreement before each visit to this website and to take into account the amendments and/or corrections.

1. ENTRANCE
   1. This User Agreement (“Agreement”); regulates the terms and details regarding the use of the Supsis Platform, including the services and other related opportunities offered through the websites named https://supsis.com/ (“Website”) and the Supsis mobile application (“Application”), as well as the platforms belonging to Supsis (“Platform”, “Supsis Platform”), by Çınardere Mahallesi, Akseki Sokak, No:15/1 34896 Pendik / İstanbul Softcand Yazılım Hizmetleri Anonim Şirketi (“Supsis”), as Visitor, Member, Subscriber, Sales Partner (together referred to as “User”) as defined below.
   2. This Agreement regulates the conditions that individuals must be subject to from the moment they access the Supsis Platform for the purpose of visiting, becoming a Member or Subscriber. The provisions of this Agreement will vary depending on the status of Visitor, Member, Subscriber or Sales Partner that individuals gain based on their purpose of accessing the Platform.

1. DEFINITIONS
   1. The definitions included in this Agreement shall be understood as defined below unless expressly stated otherwise:

1. GENERAL CONDITIONS
   1. This Agreement is valid for the User whose detailed definition is given above; in this context, all persons accessing the Supsis Platform as Visitors and/or Members and/or Subscribers will be subject to this Agreement in different ways and under different conditions.
   2. This Agreement must be read by all Users upon accessing the Supsis Platform and before performing any transaction on the Supsis Platform.
   3. If the User does not accept some or all of the terms set forth in the Agreement, no transaction should be carried out on the Supsis Platform. By carrying out a transaction on the Supsis Platform, it will be understood that the User has accepted and approved the terms written in this Agreement. For the avoidance of doubt, it should be noted that the terms written in this Agreement;
      1. By the Visitor who continues to browse the Supsis Platform,
      2. By the Member who has completed the creation of a Membership account on the Supsis Platform,
      3. By checking the box indicating “I have read and approved the User Agreement” by the User who has become a Member of the Supsis Platform and gained the status of Subscriber in return for a certain fee,  it will be understood that it has been accepted and approved  .
   4. Since the company with the status of a legal entity that wants to purchase the Service as a Subscriber on the Supsis Platform will be a member as a representative, it will be deemed that the relevant legal entity is bound by this Agreement and that the representative is authorized to represent and bind the relevant legal entity, otherwise he/she is personally responsible for the debts and obligations arising, and that the legal entity representative has the authority to act on behalf of the relevant legal entity. In this case, except for the cases where the context refers to a real person in the provisions of this Agreement, the regulations will be effective against the relevant legal entity.
   5. Supsis reserves the right to update and make changes to the Supsis Platform. Updates that may be made by Supsis from time to time on the Supsis Platform regarding the User are also within the scope of this Agreement, and the User’s continued use of the Supsis Platform and/or any transaction within the Supsis Platform or use of the opportunities provided therein shall mean that these updates have been implicitly approved by the User.
   6. If any changes are made to this Agreement by Supsis, the updated Agreement will be published via a link accessible through the Supsis Platform. The renewed Agreement will be valid from the moment it is published, and all current and subsequent Users will be subject to the updated terms.
   7. If the renewed Agreement is not accepted by the Visitor, access to the Supsis Platform must be terminated immediately without any action. If the renewed Agreement is not accepted by the Member and Subscriber, the use of the Membership account and Subscription on the Supsis Platform must be terminated immediately without any action. Users who wish to cancel their Membership and/or Subscription accounts must send an e-mail stating their requests to support@supsis.com or click on the ‘Cancel Membership/Subscription’ button on the Panel.

1. SUPSIS PLATFORM
   1. Supsis Platform is a support and sales platform where companies can manage customer support and sales operations related to customer services and all support and sales channels such as incoming/outgoing calls (Cloud Call Center, Cloud Switchboard), e-mail, live support, Chatbot from a single platform.
   2. The scope of the content and Services provided through the Supsis Platform differs for Users with the titles of Visitor, Member and Subscriber.
   3. Visitor, on the Supsis Platform;
      1. can provide circulation,
      2. can read blog and article posts and share these posts on Social Media Accounts,
      3. It can communicate with Supsis through various channels.
   4. The Visitor will have the status of Member after the completion of the Membership procedures, and the status of Subscriber after the completion of the Subscription procedures.
   5. The Member, on the Supsis Platform that he/she accesses through the Website;
      1. You can perform all the transactions that the Visitor performs,
      2. You can benefit from the 14 (fourteen) day free trial period,
      3. Within the scope of the Trial Period, you can benefit from incoming/outgoing calls (Cloud Call Center, Cloud Switchboard), e-mail integration, live support, Chatbot, Help Center Services.
      4. At the end of the Trial Period, the user can choose one of the Service Package types he/she wants and become a Subscriber by paying the fee.
   6. The Subscriber, on the Supsis Platform that he/she accesses through the Website;
      1. It can perform all the transactions that Visitors and Members can perform,
      2. Incoming/outgoing call (Cloud Call Center, Cloud Switchboard), e-mail integration, live support, Chatbot, Help Center Services can be used within the scope of the Service Package they choose.

1. COMMON RIGHTS AND OBLIGATIONS OF ALL USERS
   1. The User will access the Supsis Platform via Electronic Devices, which the User is solely responsible for providing, and via a valid internet connection.
   2. The User may use the Platform only for lawful purposes. The User shall be responsible for all legal and criminal liabilities in connection with any transactions made by the User and any sub-users defined by the User on the Platform, and Supsis shall not accept any liability in such cases.
   3. Within the scope of this Agreement, the User accepts, declares and undertakes that he/she will not reproduce, distribute, copy and/or process the texts, correspondence, video clips, sound recordings, files, database or any other element within the Supsis Platform in a way that would interfere with the personal rights of Supsis and/or other third parties, their intellectual property rights or property rights within the scope of Law No. 5846 on Intellectual and Artistic Works.
   4. The User accepts, declares and undertakes that he/she will not perform any actions that will harm, prevent access, overload or damage the content and hosting providers, websites, Services or software belonging to or associated with Supsis.
   5. The User may not disrupt or interfere with the Supsis Platform servers or networks connected to the Supsis Platform, including transmitting worms, viruses, spyware, malware or any other destructive or disruptive code; may not add content or code that in any way changes or prevents the way the Supsis Platform is displayed or viewed on other Users’ Electronic Devices. The User may not attempt to disrupt the integrity and performance of the Supsis Platform, including but not limited to reverse engineering, decompilation, infiltration, interference, disassembly, copying activities on the Supsis Platform.
   6. The User accepts, declares and undertakes that it will not use any automatic program, robot, spider, web crawler, spider, data mining, data crawling, screen scraping software or systems on the Platform, will not attempt to access other Users’ data without permission, will not carry out DDoS attacks or cyber attacks that will disrupt, change, reduce or destroy the current performance of all or part of the Platform and will not impose a disproportionate load on the Platform, will not use software that will prevent the operation of the Platform, and will not reverse engineer.
   7. The User cannot create a Membership or Subscription on the Supsis Platform that manipulates the provisions of the Agreement, is fake, misleading or of any other nature. In the event that such a situation is detected, Supsis is authorized to suspend the relevant profile or delete the Membership or Subscription associated with the relevant profile, provided that all legal rights are reserved.
   8. The User has the right to act only for the company he/she represents within the scope of this Agreement, cannot transfer his/her rights and obligations under this Agreement partially or completely to any third party, cannot make his/her Membership in the Supsis Platform available to anyone other than himself/herself, cannot share the information he/she shares with the Supsis Platform with third parties.
   9. The User is solely responsible for all activities performed within the scope of the Platform. If the User notices or suspects any security breach, including the unlawful disclosure or use of membership details, the User must immediately notify Supsis.
   10. This Agreement;
       1. By stopping the visitor’s access to the Supsis Platform at any time,
       2. By stopping the Membership and Trial Period use by the Member at any time,
       3. Subscription by the Subscriber is always subject to the terms and conditions set forth in Article 17 of this Agreement.
       4. It may be terminated by Supsis at any time by terminating the relevant User’s access to the Platform.

1. VISITOR’S RIGHTS AND OBLIGATIONS
   1. Visitors have the right to access the Supsis Platform, navigate the Platform, read blogs and articles, share them on Social Media Accounts, and communicate with Supsis via live support and e-mail.
   2. The Visitor has the right to become a Member in order to benefit from the Supsis Platform free of charge during the Trial Period and to Subscribe to the Supsis Platform or register for the Affiliate Program in order to benefit from the Service Packages as a Subscriber after the Trial Period ends.

1. MEMBERSHIP AND POST-MEMBERSHIP PROCEDURES
   1. Visitors accessing the Supsis Platform must become Members of the Supsis Platform in order to view Platform content offered through Supsis, to benefit from the Services during the free Trial Period, and to become Subscribers at the end of the Trial Period.
   2. The Visitor will gain the status of Member by providing the following information in the Membership form to the Supsis Platform:
      1. Name,
      2. Surname,
      3. Workplace e-mail address,
      4. The password he/she will determine,
      5. Company or application name,
      6. Phone number
      7. Promotion code (if any). (collectively referred to as “Membership Information”)
         
   3. In order for the Visitor to complete the Membership process, the e-mail address information entered into the Supsis Platform must be correct and up-to-date. In order to verify that the e-mail address is correct and up-to-date and to provide the Membership Information to the Visitor, a verification e-mail will be sent to the Visitor’s e-mail address to inform them of the account information consisting of the username, password and customer code for the Membership account opened. After these processes are completed, the Membership process will be completed.
   4. The Visitor is solely responsible for the accuracy, completeness and up-to-dateness of the information requested from him/her when creating his/her Membership; in the event of any changes in this information, the Member is responsible for sending the necessary notifications to Supsis without delay. If the Visitor cannot use the Supsis Platform properly, is in danger of damage or suffers damage due to the information he/she provided being incomplete and/or incorrect, he/she will not be able to make any claims from Supsis.
   5. While performing the Membership procedures, benefiting from the Services offered within the Supsis Platform, providing Services or performing any transaction related to the Services, the Visitor accepts, declares and undertakes to act in accordance with all the terms and conditions of this Agreement, the rules and regulations announced on the Supsis Platform and/or to be announced at any time in the future.
   6. The Member will not be able to give the account password that he/she determines when creating an account on the Supsis Platform to other persons or institutions, and the Member has the right to use the password in question. The security and confidentiality of the e-mail address and password that the Member uses when registering to the Platform are entirely the responsibility of the Member. The Member accepts, declares and undertakes that the transactions made with his/her e-mail and password are carried out by him/her, that he/she is solely responsible for all liabilities that may arise for this reason and all claims and demands that may be brought against Supsis by third parties or authorized authorities, and that he/she will cover any and all losses and damages that Supsis may suffer. This obligation continues even if the Member becomes a Subscriber in return for a fee.
   7. The Member will be able to update the information in his/her profile at any time by logging into his/her account on the Supsis Platform and will be able to add to his/her profile certain additional data processed in accordance with the Personal Data Protection Information Text (“Information Text”) shown to him/her at the Membership stage for the purpose of performing the Services offered through the Platform.
   8. If the password used to log in to your membership account is forgotten, you may be asked to send a password renewal instruction to the e-mail address specified during the account creation phase.
   9. After the membership process is completed, a 14 (fourteen) day Trial Period is defined for the Member to benefit from the Services offered on the Platform free of charge. After the 14 (fourteen) day period is completed, the Member has the right to become a Subscriber by fulfilling the appropriate payment terms as specified in the relevant provisions of the Agreement.
   10. The Service Package offered during the 14 (fourteen) day Trial Period is designated as PRO HUB. Supsis has the right to freely determine, at its sole discretion, what the Service Package to be offered to the Member during the Trial Period will be and the content of the relevant Service Package or to change them from time to time.
   11. All kinds of duties, taxes, fees and stamp duties arising from the preparation of the Agreement shall be borne by the User.

1. JOINT RIGHTS AND LIABILITIES OF THE MEMBER AND SUBSCRIBER
   1. There are multiple Service Packages on the Supsis Platform, which are subject to different prices and different conditions. Service Packages and their contents may be freely changed by Supsis. Detailed information on Service Packages and their contents can be accessed at https://Supsis.com/tr/. After a 14 (fourteen) day free Trial Period, the Member will be able to Subscribe to the Platform by selecting one of these packages and adding a payment method.
   2. After the Trial Period, the Member who exercises his/her right to become a Subscriber by paying the fee acquires the status of Subscriber.
      1. In this case, the Member has the right to choose between monthly or annual billing options.
      2. Users who choose the annual billing period can benefit from a 20% (twenty percent) discount on the Subscription package they choose. However, Supsis has the right to change or cancel the said discount rate by publishing it on the Supsis Platform in advance.
   3. If the Member pays the fee and becomes a Subscriber, he/she has the right to choose the additional Services (Users, Operators, Extensions, Chat Tools, Email Accounts, Additional Integrations and Applications) whose fees are specified during use and benefit from the Services related to this. Supsis may change the additional Services or add new Services from time to time.
   4. The User will be able to follow the Service Package types, periods and current pricing at https://Supsis.com/tr/pricing. Supsis may make changes to the issues related to the Subscription from time to time.
      1. The Subscriber will make the payment of the Subscription fee using the credit/debit card information added to the Supsis Platform on the date of order. The invoice will be notified to the Subscriber via the e-mail address registered on the Platform on the date of order. In payments made by the Subscriber via bank transfer/EFT, the payment will be made within seven (7) business days at the latest from the date the invoice is notified to the Subscriber.
      2. The Subscription will automatically renew with the same conditions at the end of each Subscription period, unless otherwise requested by the Subscriber 30 (thirty) days before the end of the monthly or annual Subscriptions.
      3. The Subscriber is deemed to have accepted to make payment via the Payment Method within the scope of the Subscription service offered via the Supsis Platform. The Subscriber will be subject to the Payment Method’s own agreement when making payment for the purpose of purchasing the service offered via the Supsis Platform. The Subscriber is obliged to provide accurate and complete bank/credit card information when making payment via the Payment Method.
      4. The bank/credit card information provided by the Subscriber will be stored by a licensed payment institution if the Subscriber chooses a recurring (automatic) payment option.
      5. Supsis does not have access to the Subscriber’s credit/debit card information, including one-time or recurring payments. Payments are received by the licensed payment institution that Supsis has an agreement with, and if data needs to be sent from the relevant licensed payment institution to Supsis for payment confirmation, tokens created by the relevant payment institution are transmitted instead of the Subscriber’s card information.
      6. The Subscriber has the right to change the Subscription package. Requests to this effect will be implemented at the end of the relevant Subscription period unless otherwise stipulated by Supsis.
      7. Any changes to the Subscription package fees and payment terms during the Subscriber’s Subscription period will not be applied until the end of the Subscription period, and the new fees and payment terms will be valid upon the start of the new Subscription period. No refund will be made if the Subscription ends for any reason, including termination of the Agreement during the Subscription period.
   5. No Membership or Subscription that manipulates the terms of use arising from this Agreement, is fake, misleading or of any other nature, may be created on the Supsis Platform. In the event that such a situation is detected, Supsis is authorized to delete the Membership or Subscription associated with the relevant profile.
   6. The User is authorized to approve or reject the sending of push notification messages by Supsis.

1. RIGHTS AND LIABILITIES OF SUPSIS
   1. Supsis agrees to fulfil its obligations towards the Content Provider regarding the content of the blog posts in accordance with the Internet Law.
   2. Supsis is an Electronic Commerce Service Provider within the scope of the Services offered on the Supsis Platform and agrees to fulfill its obligations pursuant to the Electronic Commerce Legislation.
   3. Supsis is obliged to provide the technical infrastructure required to provide the Services specified in Article 8.1 of this Agreement offered on the Supsis Platform to the User and to make reasonable efforts to resolve any possible technical problems.
   4. Within the scope of this Agreement, the Payment Method commission incurred as a result of the subscription fee payment transactions being carried out via the Payment Method on the Supsis Platform will be covered by Supsis.
   5. Supsis agrees to issue an invoice to the User in accordance with the Tax Procedure Law No. 213 for the subscription fee paid by the Subscriber.
   6. Supsis reserves the right to close, open, partially or completely freeze the relevant Service until the Subscriber completes the payment transaction.
   7. Supsis may temporarily suspend the operation of the Supsis Platform, perform technical maintenance, repair and updates on the Supsis Platform, or partially or completely stop the use of the Supsis Platform at any time without prior notice.
   8. Supsis reserves the right to change the content of the Supsis Platform, the method of use, the information required for Membership, the types of Service Packages, Membership conditions, payment methods and other issues regarding the Supsis Platform. In this context, Supsis may convert transactions that do not currently require Membership to require Membership, offer additional Services, and partially or completely change some Services. Supsis may convert Services that it offers free of charge into paid services, update the fees of currently paid Services or make them free.
   9. Supsis reserves the right to reject Membership and Subscription applications of those who apply for Membership in a way that is contrary to the purpose and nature of the Supsis Platform.
   10. Supsis will finalize requests for termination of Membership without delay if the necessary conditions are met.
   11. If the User uses the opportunities provided to him/her outside the scope of the foreseen legal remedies and/or violates this Agreement; Supsis is authorized to unilaterally terminate the User’s use of the Supsis Platform or his/her Membership or Subscription within the Supsis Platform.
   12. Supsis has no obligation to check whether the information provided for Membership and Subscription meets the conditions specified in this Agreement. If it is determined that the relevant User does not meet these conditions, Supsis reserves the right to terminate the Membership or Subscription of the relevant person.
   13. Supsis is authorized to disclose all data to the competent authorities upon duly request by official authorities due to mandatory legislation or sub-regulatory procedures. Such disclosure cannot be considered as a violation of confidentiality of information or the protection of personal data.
   14. In case any lawsuit, enforcement proceedings are initiated or provisional injunction/seizure decision is given against the User, an investigation is conducted by the Public Prosecutor’s Office and/or an indictment is prepared, Supsis may permanently and/or temporarily suspend the Membership or Subscription of the User and/or the legal relationship between them at its sole discretion. In this case, if the relevant person opens another account and/or if it is determined that he/she has opened an account, Supsis may close these accounts and claim compensation for any damages it has suffered/may suffer.
   15. This Agreement shall remain in force and continue to have its provisions and consequences as long as the User is a Member or Subscriber to the Platform; it shall be deemed to have ended in the event that the User’s account is permanently closed by Supsis or at the User’s own request, and in the event that the Visitor ceases to surf the Supsis Platform. Supsis may unilaterally terminate the User Agreement of the relevant person in the event that the User violates this User Agreement and/or similar warnings and rules regarding usage, Membership, Subscription and Service within the Platform.
   16. Supsis may, at its sole discretion, unilaterally change this Agreement and any policy, provision or condition on the Platform at any time it deems appropriate, provided that it is not contrary to the provisions of the current legislation, by announcing it on the Platform. The amended provisions of this Agreement shall become valid on the date they are announced on the Platform, and the remaining provisions shall remain in force and continue to have their effects and consequences.
   17. Supsis may transfer, assign or convey all rights, powers, debts and obligations it has under this Agreement, partially or completely, to third parties and/or institutions at any time, provided that it notifies the User.
   18. Supsis may notify the person concerned that it has received the purchase request for the Service via the network where the transaction was made and also via at least one of the following means: e-mail, text message, telephone call.

1. DISSOLUTION
   1. Supsis has the right to terminate the Agreement immediately without any notice in case of any breach by the Users of this Agreement. For the avoidance of doubt, it should be noted that Supsis has the right to terminate the Agreement of the relevant User immediately, without any reservation or condition, by notifying the relevant User.
   2. The cases where the contract terminates automatically are as follows:
      1. When the Visitor terminates his/her access to the Platform without creating an account on the Platform and becoming a Member,
      2. If the Member pays the fee and does not become a Subscriber after the 14 (fourteen) day free Trial Period expires,
      3. If the Subscriber has not subscribed by paying a fee again due to the expiration of the Service Package type selected by the Subscriber,

This Agreement will automatically terminate. If the subscription fee is paid and usage continues, the Agreement will become valid again.

1. In any case, Supsis has an unconditional and unlimited authority to temporarily/permanently suspend the use of the Platform and the Services in cases where it is notified that the Agreement has been terminated or the Subscription fee has not been paid (or the fee collection has failed in any way), without prejudice to its rights set forth in the other provisions of this Agreement.
2. The Subscriber who has subscribed by paying the entire subscription fee in advance and has started to benefit from the relevant Service Packages offered by Supsis cannot request a refund for the unused period within the scope of the subscription if he/she terminates this Agreement before the expiration of the Subscription period.

1. IRRESPONSIBILITY
   1. Supsis is not responsible or liable for investigating the accuracy of the information and content transmitted by the User to Supsis or uploaded, modified or provided by the User on the Platform, nor is it liable for undertaking or guaranteeing that such information and content are safe, accurate and lawful, nor can it be held liable for any damages that may arise due to the incorrect or erroneous nature of such information and content.
   2. To the fullest extent permitted by law, Supsis shall not be liable for any damages arising directly or indirectly from the use of the Supsis Platform, including, but not limited to, loss of profits, loss of goodwill and reputation, and expenses incurred to obtain substitute products and services.
   3. Within the scope of this Agreement, Supsis does not under any circumstances undertake that the Platform is error-free, flawless, uninterrupted or perfect. For the aforementioned reason, Supsis is not responsible for any direct or indirect damages that may occur to the User and/or third parties in the event of any interruption of the Services provided on the Platform, delays or failures that may occur in information transmission or data loss.
   4. Supsis also declares that it does not provide any warranties of any kind, express or implied, including but not limited to implied warranties, merchantability, fitness for a particular purpose. In any case, Supsis’s liability under this Agreement shall be limited to the monthly subscription fee paid by the User for the services subject to this Agreement on the date the relevant damage arises.
   5. Supsis declares that it does not give any explicit or implicit guarantee regarding any integrations such as social media accounts, 3rd party applications and its own software that the User has integrated or will integrate into Supsis. The User expressly accepts, declares and undertakes that all material and/or moral responsibility belongs to the User while making and using the integrations. Supsis is not responsible for any material and/or moral damages that may arise from the making, use or results of these integrations.
   6. Supsis cannot be held directly and/or indirectly responsible for any damages that third parties have suffered or may suffer due to the activities of the User on the Platform that are contrary to the provisions of this Agreement and/or the law. Otherwise, Supsis has the right to recourse for any damages it has suffered/may suffer.
   7. Supsis is not bound by the User’s negligence or actions regarding the use of the Supsis Platform, as long as this is permitted under applicable law.
   8. All transactions arising from legal changes that occur outside the scope of this Agreement are outside the responsibility of Supsis and will be reflected in the Agreement in the same manner.
   9. Supsis will not be held responsible for any damages that may arise in the event that the information specified during account creation and subscription fee payment is shared with third parties and/or obtained by third parties.
   10. Supsis is not responsible, directly and/or indirectly, for any damages incurred/may be incurred as a result of the User transferring his/her account and allowing it to be used by third parties in violation of this Agreement.
   11. If the User accesses the Supsis Platform through Electronic Devices that do not belong to the User or are not suitable for using the Supsis Platform, and any person suffers material and/or moral damage as a result, the User will be responsible for all damages that occur.
   12. Supsis shall not be liable for any delays or partial or total failure to fulfill its responsibilities under the Agreement due to objective impossibilities that may be called force majeure, such as regulatory and supervisory institution decisions, court decisions, any legislative provisions, natural disasters, terrorist incidents, war, military practices, widespread epidemic/pandemic diseases and related government measures and/or intense transportation restrictions, natural disasters such as fire, earthquake, loss of energy and labor, damage to servers, infiltration of network systems, which are not caused by them; Supsis has the right to temporarily suspend/stop the Services offered on the Supsis Platform until the force majeure is eliminated.
   13. Supsis will only be able to access data such as call center records, e-mail records, Live Chat records from the Services that the User has used, if the User permits. Supsis will not be held responsible if there is any immoral communication or sharing of inappropriate content in these records.
   14. The User agrees to use the contact information provided to the Supsis Platform for all kinds of notifications, including service renewal announcements to be made by Supsis. The User is solely responsible for ensuring that the contact information is valid, belongs to an authorized person regarding the Services received, and is kept up to date.
   15. The User will be contacted via the e-mail provided during the Membership process or via general information on the Supsis Platform. It is the User’s responsibility to keep the e-mail address up-to-date and accurate, and to regularly check the information on the Supsis Platform.
   16. The User accepts that Supsis will not be responsible for any disruptions in the services that may occur due to problems and/or delays that may occur, regardless of the conditions, in the notifications made to him/her by Supsis.
   17. The quality of voice calls made through the application is limited by the service guarantee provided by the User’s internet infrastructure and the Telecommunications operator from which it receives VOIP service. Therefore, the User accepts in advance that Supsis does not provide any electronic communication service and is not responsible for the service provided by the relevant Telecommunications operator.
   18. Supsis is not responsible for the failure to fulfill its commitments, which are the subject of this Agreement, on time due to technical failures that may occur on the part of access providers, VOIP operators, telecommunications operators, hosting providers or GSM operators or similar technical problems that may arise beyond the control of Supsis. However, after the termination of technical failures caused by third parties that cause the service to be interrupted or not to be fulfilled on time, the services and commitments that are incomplete or not fulfilled on time will be fulfilled by Supsis as soon as possible.
   19. VOIP call service to the User via the Application is provided by the Telecommunications operator with which the User has an agreement. Supsis is not responsible for any material or moral damages that occur between the User and the Telecommunications operator with which it has an agreement.
   20. Supsis is not responsible for problems caused by the telecommunications operator.
   21. Supsis is not responsible for any incorrect settings made by the User while using the Supsis Platform and any direct and/or indirect damages that the User or third parties may suffer as a result of these errors.
   22. The content and information shared by the User on the Supsis Platform are the property of the User and all responsibility for them belongs to the User.
   23. The User shall keep copies of the information shared with the Supsis Platform. Supsis complies with the necessary policies and procedures to prevent data loss, but does not guarantee that such information will not be lost. Supsis is not responsible for the loss of such information in any way.
   24. All records, information and content such as e-mail, voice recording, live call recording stored in the User’s account are the property of the User and all responsibility for them belongs to the User. Supsis does not store this data in the database forever, it may delete this data after a certain size or a certain period of time.
   25. Supsis is not responsible for any direct and/or indirect damages that may arise to the User or third parties due to any use of the Supsis Platform, including its misuse or use in illegal activities or in violation of the law.

1. PERSONAL DATA PROTECTION AND COOKIE POLICY
   1. Personal data of Users processed due to the Services and opportunities offered by Supsis are processed in accordance with the current legislation in force, primarily the Personal Data Protection Law No. 6698 ( “KVKK” ), and in accordance with the Supsis Website Information Text and Cookie Policy, which can be accessed through the Supsis Platform. Accordingly, the User is obliged to read the Supsis Platform Information Text and Cookie Policy before surfing the Supsis Platform.
   2. Personal data of the Member and Subscriber being processed due to the opportunities offered by Supsis are processed in accordance with the current legislation in force, especially KVKK, and in accordance with the Membership Information Text that can be accessed through the Supsis Platform. In this context, before obtaining personal data related to him/her, the User is informed through the Membership Information Text on the Supsis Platform.
   3. During the time the User visits the Supsis Platform, cookies, also known as “cookies”, are subject to the Cookie Policy on the Supsis Platform. The User is obliged to read this Cookie Policy presented to him/her through the Supsis Platform.
   4. The User accepts, declares and undertakes that he/she will be subject to the Undertaking Regarding the Processing of Personal Data in Annex-1 ( “Undertaking” ) and will act in accordance with this Undertaking in order to ensure that all kinds of transactions, activities, actions, works and deeds are carried out in accordance with the obligations in the KVKK and secondary legislation and to determine the relationship between them and Supsis within this scope.

1. NOTIFICATIONS
   1. For questions and notifications regarding the use of the Supsis Platform or in accordance with this Agreement, the User  may contact Supsis by sending an e-mail to support@supsis.com  or by calling 0850 450 00 40.

1. ASSIGNMENT AND TRANSFER
   1. Supsis may transfer, assign or convey any rights or powers or obligations or liabilities it has under this Agreement or in relation to the contents of the Supsis Platform, partially or completely, to third parties or institutions at any time, provided that it notifies the User.

1. INTEGRITY OF THE AGREEMENT
   1. This Agreement, together with its annexes, constitutes a whole. The invalidity, illegality or inapplicability of any provision of this Agreement or any expression contained in the Agreement shall not affect the force or validity of the remaining provisions of the Agreement.

1. EVIDENCE AGREEMENT
   1. The parties accept, declare and undertake that in any dispute that may arise from this Agreement, the books, computer records, system records kept in the database and servers, commercial messages, instant messaging application correspondence, e-mails, social media correspondence belonging to Supsis shall constitute binding, valid, definitive and exclusive evidence and that this provision is in the nature of a definitive evidence agreement.

1. APPLICABLE LAW AND AUTHORITY
   1. Turkish Law will be applied in resolving all disputes arising from this Agreement; within the scope of this Agreement, if the User is a public legal entity or a real person merchant, Istanbul Central (Çağlayan) Courts and Enforcement Offices are deemed to have jurisdiction.

Annex-1

UNDERTAKING REGARDING THE PROCESSING OF PERSONAL DATA

This Undertaking Regarding the Protection of Personal Data ( “Undertaking” ); has been executed as an annex and an integral part of the Agreement between Çınardere Mahallesi, Akseki Sokak, No:15/1 34896 Pendik / İstanbul Softcand Yazılım Hizmetleri Anonim Şirketi ( “Supsis” ) and the Supsis Platform, including the services and other related opportunities offered through  the platforms belonging to Supsis ( “Platform”, “Supsis Platform” ), the website named https://Supsis.com/ (“Website”) and Supsis mobile application ( “Application” ) provided by Supsis, and the Visitor, Member, Subscriber (together referred to as the “User”  ) defined in the Agreement, and has entered into force as of the effective date of the Agreement. Supsis and the User may hereinafter be referred to individually as a  “Party” and collectively  as the “Parties”  .

1. DEFINITIONS
   1. Within the scope of this Undertaking; Explicit Consent : Consent based on information on a specific subject and expressed with free will, Relevant Person : Real person whose Personal Data is processed, Processing : Any operation performed on data such as obtaining, recording, storing, preserving, changing, rearranging, disclosing, transferring, taking over, making available, classifying or preventing the use of Personal Data, fully or partially by automatic means or non-automatic means provided that it is part of any data recording system, Law : Law No. 6698 on the Protection of Personal Data, Personal Data : Any information related to an identified or identifiable real person, Special Personal Data : Data related to the race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, appearance and dress, association, foundation or union membership, health, sexual life, criminal conviction and security measures of individuals, as well as biometric and genetic data, Supsis Platform : Incoming/outgoing call (Cloud Call Supsis Platform, which is a leading cloud omni-channel support and sales platform where all support and sales channels such as Central, Cloud Switchboard), e-mail, live support, Chatbot can be managed from a single platform, Agreement : Supsis User Agreement, which is an integral part and annex of this Undertaking .
      
      
      
      
      
      
      
      
      
   2. Expressions and definitions not defined in this Undertaking but used in capital letters will have the meanings attributed to them in the Agreements and will be used in the ways they are defined in the Agreements.
   3. Expressions not defined in the Agreements and/or Commitment will have the meanings attributed to them within the scope of the Law and other secondary legislation.

1. PURPOSE AND SUBJECT
   1. The Parties have concluded the Agreement to determine the conditions for the use of the Supsis Platform and have concluded this Undertaking as an annex to the Agreement to determine the rules for the Personal Data to be processed during the use of the Platform.
   2. The Parties may obtain Personal Data directly from the Relevant Person and/or from the other Party within the framework of the approvals given by the Relevant Person, and may act as “data controller” or “data processor” to the extent that they determine the purposes for which such Personal Data will be used. For the avoidance of doubt, it should be noted that this Agreement does not in any way result in any Party being a data controller or data processor, and the Parties may assume the title of data controller or data processor on a process-by-process basis to the extent that it is appropriate in terms of the Law and the Personal Data Protection Board Decisions.

1. COMMITMENTS REGARDING CASES WHERE THE PARTY PROCESSING PERSONAL DATA IS THE DATA CONTROLLER
   1. In cases where the Party Processing Personal Data within the scope of the Agreement determines the purposes of Processing for these Personal Data and acts as a “data controller”;
      1. It will act in accordance with all regulations, procedures and principles in force regarding the protection of Personal Data, especially the Law and the Personal Data Protection Board decisions, and will carry out its activities in accordance with the Law and other relevant secondary legislation,
      2. It will not use, process, archive or transfer Personal Data to third parties or organizations in the country or abroad for any purpose other than those regulated in the Agreements, this Undertaking and the information to be provided to the Relevant Persons / the Explicit Consent to be received,
      3. It will take the necessary administrative and technical measures to ensure the security of Personal Data and to prevent unauthorized access to Personal Data by its own employees or relevant third parties and to prevent unlawful processing of Personal Data,
      4. It is responsible for any damages that may arise as a result of the activities of its employees or subcontractor/subcontractor employees, if any,
      5. If the Personal Data is of a Special Nature Personal Data nature, it will process the said Special Nature Personal Data in accordance with the data processing conditions set forth in the Law and protect it in accordance with its nature, subject to additional security measures and authorizations determined by the Personal Data Protection Board.

accepts, declares and undertakes.

1. COMMITMENTS REGARDING CASES WHERE THE PARTY PROCESSING PERSONAL DATA IS THE DATA PROCESSOR
   1. In cases where the Party Processing Personal Data within the scope of the Agreement acts as a “data processor” in cases where the purposes of Processing for these Personal Data are determined by a Party other than itself, namely the data controller;
      1. It is bound by the purposes determined by the Data Controller and will not use Personal Data for any purpose other than these,
      2. It will take the measures to ensure data security recommended by the Personal Data Protection Board regarding the security of personal data,
      3. The data controller has the right to audit the data subject to the Undertaking, either personally or through a third party, and in this context, if the data controller requests an audit, it will allow the audit and act in cooperation with the data controller,
      4. As a data processor, it will be subject to an indefinite confidentiality obligation regarding the Personal Data it processes,
      5. In case of a data breach in the processes in which it is a data processor, it will be obliged to notify the Data Controller immediately and within 24 hours at the latest,
      6. Act in accordance with the Data Controller’s policies and procedures regarding the storage and destruction of Personal Data,

accepts, declares and undertakes.

1. JOINT COMMITMENTS OF THE PARTIES
   1. The Parties accept, declare and undertake that they will be personally responsible for all kinds of obligations imposed on data controllers in the Law and other relevant legislation in terms of their own processes in which they will act as data controllers, and in this context, they will be personally responsible for informing the Relevant Persons in accordance with the Law and other secondary legislation regarding the processes in which they are data controllers, and if necessary, for obtaining their Explicit Consent, in case the purposes of Processing change, they will immediately inform the Relevant Persons, the other Party will not have any responsibility in this regard, and in case the Relevant Persons apply to the other Party in any way in these matters, they will immediately intervene and undertake the relevant process and compensate the other Party for any direct damages that may be incurred due to this.
   2. Each Party acknowledges and declares that it will provide all kinds of assistance to the other Party, which will respond to these requests as the data controller, within the legally possible limits in the process of responding to requests that may be directed to the other Party from the Relevant Person regarding the processes in which the other Party acts as the data controller.
   3. Each Party undertakes to inform the other Party acting as Data Controller immediately and within 48 hours at the latest, of any requests that may be directed to it by the Relevant Person regarding the processes in which the other Party acts as data controller.
   4. The Party that transfers Personal Data to the other Party within the scope of the Agreements and this Undertaking – in terms of the processes for which it is the data controller – accepts, declares and undertakes that it has obtained the Personal Data in question by obtaining the Explicit Consent of the Relevant Persons or in accordance with one of the other legal compliance reasons listed in the Law, and that it has provided the information regarding the processing and transfer of Personal Data in accordance with the “Communiqué on the Procedures and Principles to be Complied with in Fulfilling the Information Obligation” and the relevant legislation.
   5. The Parties are obliged to take all administrative and technical measures necessary and compatible with current technology regarding the security of Personal Data.
   6. In the event that one of the Parties acts contrary to this Undertaking or the applicable legislation, primarily the Law, or violates the Law and/or other relevant secondary legislation due to reasons originating from third parties connected to it, such as its employees, business partners, other parties to whom it transfers Personal Data, etc., the Party in breach irrevocably accepts, declares and undertakes to immediately compensate the other Party for any direct damages it may suffer, legal, administrative and penal sanctions it may face and any compensation it may have to pay. The Parties accept and undertake to cooperate in the necessary places for the defense of the said claims and for the annulment of the court or regulatory institution decision.

1. OTHER PROVISIONS
   1. The User accepts in advance that all of his/her data may be stored in data centers located in Turkey or abroad, as the operation of the infrastructure and information systems used by Supsis to carry out its activities necessitates data transfer abroad, in cases where the User is the Data Controller in terms of the Personal Data processed.
   2. The User shall be the Data Controller in respect of the data entered into the Platform by the User regarding his/her own customers or any third party, if the data is deemed as Personal Data while using the Platform within the scope of the Services provided under the Agreement. Accordingly, the User accepts, declares and undertakes that he/she shall fully fulfill all legal obligations attributed to the Data Controller in the Law and secondary legislation in case he/she enters personal data regarding his/her own customers or any third party into the Platform, that Supsis is in the position of Data Processor in respect of this data, that Supsis does not subject the relevant data to any processing activity for its own purposes, that it fully fulfills the processing conditions of Personal Data and acts in accordance with the principles stipulated in the Law and secondary legislation while processing Personal Data, that he/she shall be personally responsible for any and all claims that the relevant third parties may direct against Supsis, and that in the event that Supsis suffers any damage to the relevant third parties, that he/she shall immediately compensate for such damage.
   3. This Undertaking will remain in force indefinitely, even if the Agreements are terminated for any reason. In cases not covered by this Undertaking, the provisions of the Agreements will be valid to the extent that they do not conflict with the Law and other secondary legislation.