End User License Agreement

TERMS OF SERVICE Last Updated Date: 21.12.2023

Please carefully review these Website Terms of Service ("Terms") before using any website and the services offered through such website(s) (collectively, the "Site") owned or operated by Mirket, and/or its affiliate(s) (collectively, "Mirket"). These Terms govern your usage of the Site that is linked to these Terms. By accessing, using, downloading, or logging into the Site, you are agreeing to abide by these Terms. If, at any point, you do not agree with any of these Terms, you must immediately cease using the Site. Mirket reserves the right to change these Terms at any time, at its sole discretion, without prior notice. Any modifications to these Terms will be effective as of the "Last Updated Date" mentioned in the Terms. By accessing, using, downloading, or logging into the Site after the "Last Updated Date," you are consenting to the revised Terms.

I. Intellectual Property

Unless explicitly stated otherwise, the Site and the content accessible on or through the Site, including text, graphics, logos, images, sounds, videos, digital downloads, data compilations, software, and documents, are the sole property of Mirket and licensors. They are safeguarded international intellectual property laws. All rights, titles, and interests not explicitly conferred in relation to the Site and the content offered on or through the Site are preserved and owned by Mirket and licensors.

The graphics, logos, designs, page headers, button icons, scripts, trademarks, and service names associated with Mirket are proprietary and constitute the trademarks or trade dress owned by Mirket. They may not be utilized in any manner without the prior written consent of Mirket. Any other names, logos, product and service names, designs, and slogans that may appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mirket.

Certain content and materials provided through the Site and our services are safeguarded by copyright law. With the exception of Submissions and other third-party materials, all materials and information on our Site, including but not limited to text, graphics, logos, icons, images, audio and video clips, downloads, data compilations, and software, are the exclusive property of Mirket and/or its licensors. They are protected international copyright laws.

II. Access and Use of the Site

When you access or use the Site, you agree to utilize it only for purposes permitted by these Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. Additionally, you acknowledge that you are solely responsible for any breach of your obligations under these Terms and the consequences arising from such breaches. As a condition of using the Site, you warrant to Mirket that you will not engage in any unlawful activities or activities otherwise prohibited by these Terms. Whether on your own behalf or on behalf of any third party, you agree not to:

· Access or attempt to access or use the Site in a manner other than through the interface provided by Mirket, or through user accounts of others, unless expressly permitted in a separate written agreement signed by an authorized representative of Mirket.

· Access or attempt to access or use the Site, or any part thereof, through any automated means, including but not limited to the use of scripts or web crawlers.

· Engage in any activity that disrupts or interferes with the Site (or the servers and networks connected to the Site), or the use of the Site by others, as determined at Mirket's sole discretion.

· Scrape, duplicate, reproduce, copy, republish, license, sell, trade, or resell the Site or any of its content for any purpose, unless specifically permitted in a separate written agreement signed by an authorized representative of Mirket.

· Divert or attempt to divert Mirket customers to another website, mobile application, or service.

· Sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms.

· Send unsolicited or unauthorized emails or engage in spamming.

· Use the Site to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including but not limited to privacy rights.

· Use the Site to store or transmit malicious code or malware, or to engage in phishing or other fraudulent activities.

· Restrict or inhibit any other person from using the Site.

· Modify, adapt, translate, reverse engineer, probe, scan, test, decompile, or disassemble any portion of the Site, except and to the extent required by third-party licensing terms governing the use of certain open-source components that may be included.

· Attempt to do anything, or encourage, assist, or allow any third party to do anything in violation of these Terms.

· Use a false email address, impersonate any person or entity, or falsely state or imply or otherwise misrepresent your affiliation with any person or entity in connection with the Site.

Mirket does not process personal data of users.

III. Accounts

It is your responsibility to ensure that your computer system or device meets all necessary technical specifications to enable access and use of the Site and is compatible with the Site. To access certain services, features, portions, or content on the Site, you may be required to create an account and specify a password. To create an account, you must be at least 18 years old. If your information changes at any time, you agree to update your account to reflect those changes.

If your Mirket account is assigned and/or managed by your employer or a third party, additional terms may apply to your use of the Site, and your employer or the third party may have the ability to access or disable your account with or without Mirket's involvement, along with having information related to your access and use of the account shared with them.

In the event that you create an account or an account is created for you, you may not share your account with anyone else, and you agree to treat your account information as confidential, refraining from disclosing it to anyone. You are responsible for maintaining the confidentiality of your account information and preventing its unauthorized use. You must promptly notify Mirket of any breach of confidentiality or unauthorized use of your account or account information. Mirket reserves the right to suspend, disable, deactivate, or block your account at any time and for any lawful reason.

IV. Feedback

If you offer or otherwise provide Mirket with any suggestions, enhancement requests, recommendations, corrections, or other feedback ("Feedback"), whether related to the Site or otherwise, then these Terms and Additional Terms applicable to Submissions will also apply to such Feedback. You hereby acknowledge and agree that such Feedback is not considered confidential information, and your provision of such Feedback is gratuitous, unsolicited, and without restriction. This provision of Feedback does not place Mirket under any fiduciary or other obligation.

For Feedback not covered by these Terms or Additional Terms, you hereby grant Mirket an irrevocable, perpetual, sublicensable, transferable, non-exclusive, royalty-free, and worldwide license to use or incorporate such Feedback into its products and services. It's important to note that Mirket is not obligated to use Feedback, and you are not obligated to provide Feedback.

If you suspect that content on the Site violates your intellectual property rights, you have the option to request the removal of such content by following the instructions outlined here.

V. External Links

The Site may contain links to third-party websites; these linked sites are not within Mirket’s control, and Mirket assumes no responsibility for the contents of any linked sites or any links contained within those sites, including any changes or updates to such sites. Mirket provides these links solely for your convenience, and the inclusion of any link does not imply endorsement of, or affiliation with, any third-party site by Mirket. Mirket retains the right to remove any links at any time. Your use of third-party sites is at your own risk and ıs subject to any terms, conditions, and policies applicable to such third-party sites.

VI. Indemnification

To the maximum extent allowed by law, you agree to indemnify, release, and absolve Mirket, along with its directors, officers, employees, and contractors, from any third-party claims, demands, suits, proceedings, liabilities, losses, damages, judgments, fines, or incurred costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to: (a) your actual or alleged violation of these Terms; or (b) your Submissions.

VII. Limitation of Liability

Under no circumstances shall Mirket be held liable for any losses or damages, including but not limited to direct, indirect, special, incidental, punitive, or consequential damages, or damages arising from lost profits, data, or use. This applies regardless of the cause and whether in an action of contract, tort, or under any other theory of liability (including negligence), arising from your access to or use of the site or any content, materials, or information made available on or through the site. This holds true whether or not you have been advised of the possibility of such damages.

VIII. Disclaimer

Subject to the extent permitted by applicable law, the Site and all information, content, materials, programs, or services included on or otherwise made available through the Site are provided on an "as is" and "as available" basis, unless explicitly specified in these Terms, Additional Terms, and/or any agreement. Mirket makes no representations or warranties of any kind, whether express or implied, regarding the operation of this Site or the information, content, materials, programs, or services included on or otherwise made available to you through the Site, unless explicitly specified in writing. Your use of this Site is expressly agreed to be at your sole risk.

To the maximum extent permitted by applicable law, Mirket expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Site and all information, content, materials, programs, or services included on or otherwise made available to you through the Site.

Please be aware that your use and access to the Site may encounter limitations, delays, failures, and other issues inherent in the utilization of the Internet and electronic communications. Mirket shall not be held responsible for any delays, failures, or damages resulting from such issues.

IX. Applicable Law

These Terms and any dispute arising out of or related to them shall be subject to the laws of the Republic of Türkiye, without consideration of its conflict of law rules.

X. Modification, Termination, and Severability

Mirket retains the right to make modifications to the Site, including adding, amending, suspending, or removing functionality, features, material, and content on the Site, as well as these Terms, at its discretion and without prior notice. Provisions within these Terms that, by their nature, should persist post-termination will remain in effect even after your use and access to the Site has ceased. These provisions include, but are not limited to, those regarding ownership, warranty disclaimers, indemnification, and limitations of liability. In the event that any of these conditions are deemed invalid, void, or unenforceable for any reason, such condition(s) will be treated as severable and will not impact the validity and enforceability of the remaining conditions.

Mirket reserves the right to terminate your privilege to use or access the Site immediately and without notice for any reason. Upon such termination, you agree to promptly discontinue accessing or using the Site and refrain from any attempts to access or use it further. Furthermore, you acknowledge that Mirket has the right to take action—whether technical, legal, or otherwise—to block, nullify, or deny your ability to access the Site. You understand and agree that Mirket may exercise this right at its sole discretion, and this right is in addition to, not in substitution for, any other rights and remedies available at law or in equity to Mirket.