This User Agreement (“Agreement”) is entered into between Nevzat Atalay ŞAHİNTÜRK, the owner of the application named Hit&Speed and located at Kızılırmak Mah. Ufuk Üniversitesi Cad. No: 12, Inner Door No: 3, Çankaya / Ankara; and the Application user (“User”) who accesses the Hit&Speed application (“Application”) by accepting the following terms, and is entered into to establish the conditions under which the User may use the Services provided by Nevzat Atalay ŞAHİNTÜRK (“Developer”). The Developer and the User shall be referred to individually as “Party” and collectively as “Parties” in this User Agreement.
By using all services provided within the Application, Users acknowledge that they are subject to the following terms; by using and continuing to use the services within the Application, they confirm that they possess the legal right, authority, and capacity to enter into a contract under applicable laws, are over the age of 18, have read and understood this Agreement, and are bound by the terms set forth herein.
This Agreement is indefinite in duration and imposes rights and obligations on the parties regarding the Application that is the subject of this Agreement. Upon accepting or approving this Agreement online or in writing, the parties declare and undertake to fulfill the aforementioned rights and obligations completely, accurately, and in a timely manner, in accordance with the terms specified in this Agreement.
1. RESPONSIBILITIES
1.1. The Developer reserves the right to make changes to prices and the products and services offered at any time.
1.2. The Developer acknowledges and undertakes that the User will be able to benefit from the services subject to this Agreement, except in cases of technical malfunctions.
1.3. The User hereby agrees in advance that they will not engage in reverse engineering or any other actions aimed at discovering or obtaining the source code of the Application; otherwise, they will be liable for any damages arising therefrom or to third parties, and legal and criminal proceedings may be initiated against them.
1.4. The User acknowledges that they alone shall be liable for any damages incurred due to providing incomplete or incorrect information upon registering for the Application. The User further acknowledges that, in the event of providing incorrect information or a breach of this Agreement by the User, the Company may terminate the User’s account unilaterally without any prior notice or warning.
1.5. For the purpose of improving and developing the Application by the Developer and/or within the framework of legal regulations, certain information may be collected, such as the name of the internet service provider used to access the Application, the Internet Protocol (IP) address, the date and time of access to the Application, the pages accessed while on the Application, and the address of the internet application that enables direct connection to the Application. The User consents to the collection of this information.
1.6. The User agrees not to create or share content within the Application, in any part of the Application, or in communications that is contrary to public morality and decency, unlawful, infringes upon the rights of third parties, is misleading, offensive, obscene, pornographic, infringes upon personality rights, violates copyrights, or encourages illegal activities. In such cases, the User is solely responsible for any resulting damage, and the Application’s administrators reserve the right to suspend or terminate such accounts and initiate legal proceedings. Accordingly, if requests for information regarding events or user accounts are received from judicial authorities, the Application reserves the right to share such information with the authorities.
1.7. The relationships between the Application’s Users and each other or third parties are their own responsibility.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. All intellectual property rights, whether registered or unregistered, including but not limited to trademarks, trade names, patents, logos, designs, information, and methods, contained in this Application belong to the Application operator and owner, the Developer, or the designated party, and are protected under national and international law. Visiting this Application or using the services within this Application does not grant any rights regarding the aforementioned intellectual property rights.
2.2. The information contained in the Application may not be reproduced, published, copied, presented, and/or transmitted in any way. The Application, in whole or in part, may not be used in another application without permission. In the event of such a violation, the User shall be liable to cover the amount of compensation claimed from the company for damages incurred by third parties, as well as court costs, attorney’s fees, and any other liabilities, including but not limited to these.
3. CONFIDENTIAL INFORMATION
3.1. The Developer places importance on processing, securing, and protecting the personal data provided by the User through the Application to access the Services offered within the Application in compliance with all applicable laws, including the Personal Data Protection Law No. 6698. In this context, the Developer may collect, use, transfer, and otherwise process the personal data provided by the User in accordance with the Privacy Notice included in the Application. The Privacy Notice is an integral part of this User Agreement.
3.2. By using the Services and/or creating an account, the User explicitly and freely consents to the collection, use, transfer, and other processing of their personal data as specified in the Privacy Notice. For more information regarding the conditions for the use of personal data and your rights in this regard, please review the Privacy Policy and exercise your statutory rights by sending an email to info@hitandspeed.com.
3.3. Personal data declared by the User within the Application and for which consent has been given for sharing; the fulfillment of the obligations set forth in this User Agreement, the execution of necessary operations for the operation of the Application, to provide various benefits to the User, and to conduct personalized advertising, sales, marketing, surveys, and any other electronic communications for similar purposes, as well as profiling and statistical studies, are collected, stored, processed, and used by the Company or its business partners in accordance with the Privacy Notice, and may be shared with third parties based on our contractual relationship.
3.4. The User acknowledges and declares that they consent to the Developer’s use and storage of their personal data in this manner. The Company will take all necessary measures to ensure the secure storage of such personal data in accordance with Article 12 of the Personal Data Protection Law No. 6698, and to prevent unauthorized access and unlawful processing of data. The User has the right to exercise the rights granted to them under Article 11 of the Personal Data Protection Law No. 6698 regarding their personal data and to make changes or updates to such data at any time.
4. NO WARRANTY:
This provision of the agreement shall be valid to the maximum extent permitted by applicable law. The services provided by the Developer are provided “as is” and “as available,” and no warranties of any kind—whether express or implied, statutory or otherwise—are made regarding the services or the application (including all information contained therein), including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
5. REGISTRATION AND SECURITY
The User must provide accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement, and the User’s account may be closed without notice.
The User is solely responsible for the security of passwords and accounts within the Application and third-party Applications. The Company shall not be held liable for any data loss, security breaches, or damage to hardware or devices resulting from failure to comply with this obligation.
6. FORCE MAJEURE
Causes beyond the Parties’ control, such as natural disasters, fires, explosions, civil wars, wars, uprisings, public disturbances, declarations of mobilization, strikes, lockouts, and epidemics, as well as infrastructure and internet outages, power outages, and similar events (hereinafter collectively referred to as “Force Majeure”) If, due to such events, the obligations arising from this Agreement become impossible to fulfill, the parties shall not be held liable. During this period, the rights and obligations of the parties arising from this Agreement shall be suspended.
7. ENTIRENESS AND ENFORCEABILITY OF THE AGREEMENT
If any provision of this Agreement becomes invalid, in whole or in part, the remainder of the Agreement shall remain in full force and effect.
8. AMENDMENTS TO THE AGREEMENT
The Company may, at any time, modify the services offered through the Application and the terms of this Agreement, in whole or in part. Such modifications shall become effective as of the date they are published on the Application. It is the User’s responsibility to monitor these changes. By continuing to use the services provided, the User is deemed to have accepted such modifications.
9. NOTIFICATIONS
All notifications to be sent to the parties regarding this Agreement shall be made via the Company’s known email address and the email address provided by the User in the Application. The User acknowledges that the address provided upon registration is a valid notice address, agrees to notify the other party in writing within 5 days if it changes, and accepts that any notices sent to this address will be deemed valid.
10. EVIDENCE AGREEMENT
In any disputes arising from transactions related to this Agreement between the Parties, the Parties’ books, records, and documents, as well as computer records and fax records, shall be accepted as evidence in accordance with the Turkish Code of Civil Procedure No. 6100, and the User agrees not to object to such records.
11. RESOLUTION OF DISPUTES
The courts and enforcement offices of the Istanbul Central Court of Justice shall have jurisdiction over the resolution of any disputes arising from the application or interpretation of this Agreement.