1. This Contract is executed by and between NetEye Dijital İnteraktif Medya A.Ş(here in after shall be referred as NetEye) residing at the address of Salkım Sok. No:2 Soğuksu Mahallesi – Beykoz, Istanbul, Turkey and the real and legal entities which receive services under this contract from www.neteye.dev(hereinafter shall be referred as NetEye) by registering name, surname title and contact information and making online payment.
2. The subject matter of this electronic contract is to establish rights and liabilities of the parties related to sales of services ordered online by the CLIENT using www.neteye.dev webpage of NetEye and qualities, sales prices of such services are listed below. This contract is subject to the Turkish Commercial Code, Code of Obligations and General Provisions and it is not subject to the Consumer Rights Law and related regulations.
3.1. The base of internet monitoring service is offered by NetEye Program, all rights reserved by NetEye, and also by NetEye; the web-based service shall be directly available to the CLIENTS who should use the passwords and login details provided to the CLIENTS by NetEye. NetEye shall hereunder offer Internet and Social Media Monitoring services to the CLIENT based on the following principles and scopes: 3.1.i. Provided that it is restricted to the capabilities of NetEye Sonar, using NetEye Sonar program to search tens of thousands of Turkish content websites and certain foreign media websites based on limited number of words or concepts related to a brand or person and presenting the results to the CLIENT without processing them(without classifying as positive, negative or neutral), 3.1.ii. Provided that it is restricted to the capabilities of NetEye, monitoring social media accounts on Facebook requested by the CLIENT using NetEye Programs and determining tools to assure that the account can be managed by the CLIENT and submitting data obtained to the CLIENT, 3.1.iii. Provided that it is restricted to the capabilities of NetEye, using NetEye Sonar program to determine accounts opened on facebook.com and twitter.com related to a person or brand, to searches on Google.com based on limited number of words or concepts related to the person or brand and presenting the unprocessed results to the CLIENT. 3.2. The Users can download reports as much as they want and without paying any additional fees once they become monthly subscribers. 3.3. Taxes included Current Sales Prices charged for the services are announced on NetEye website according to the subscription options offered.
4.1. NetEye agrees and undertakes that all data to be shares with the CLIENT within the scope of the services to be provided under this Agreement, shall be processed and transferred to the CLIENT in accordance with the Law concerning Personal Data Protection no.6698, the decisions of the Supervisory Institution for Data Protection and all other applicable legislation in relation with personal data protection, and otherwise all liability to be arisen due to the breach of the above commitments shall belong to itself. 4.2. The CLIENT hereby agrees and undertakes to act in accordance with the Law concerning Personal Data Protection no.6698, the decisions of the Supervisory Institution for Data Protection and all other applicable legislation in relation with personal data protection in terms of processing, storage and use of the personal data to be properly processed and transferred by NetEye to the CLIENT, that this data shall be used in line with the laws and shall not be used or transferred for any purpose other than the one mentioned in the Agreement, the personal data shall be deleted immediately upon first demand of the data owner; and the responsibility of taking data owner’s consent and providing information sole and entirely belongs to the CLIENT, if the personal data provided by NetEye to the CLIENT shall be merged with other data provided through CRM by the CLIENT or the persons authorised by the CLIENT, and if any responsibility mentioned in this provision is breached by the CLIENT, the liability arising thereof shall solely and fully belong to the CLIENT and NetEye shall have the right of recourse against the CLIENT for any damage to be faced due to such breach. 4.3. The information and explanation concerning protection of the CLIENT’s personal data has been provided in the Privacy page at Privacy Statement. The CLIENT declares and agrees that he has read, understood and agreed the Privacy Statement and consents the processing of his personal data by NetEye with his free will.
5. Subscription fees fully and completely paid by the CLIENT shall be considered as delivered after the payment is made and delivery shall be made to the CLIENT over the internet following NetEye’S approval.
6. The CLIENT hereby accepts that subscription fee and, unless agreed otherwise, money transfer fees shall be completely and fully paid to NetEye Sonar account. Words / concepts / names / brands listed on the annex of this contract and defined on the SERVICE SCOPE might be changed and / or increased during the contract term however, in that case, NetEye reserves the right of revising, raising the monthly fee to be paid by the CLIENT in return for the service. Failing to pay the monthly subscription fee within the period and in the manner described on this article shall be a violation of this contract and the service provided might be suspended. The Users can click on “Buy” button to fill out the form popped up for stating billing and credit card details and then use credit card(Virtual POS), PayPal or EFT to make the payments. The Users can purchase credits from NetEye Sonar.com systems.The Users can use credit card(Virtual POS), PayPal or EFT to make the payments to make payments for those credits to be bought. In case of remittance / EFT payments; NetEye shall start to process the related order once the fee of product / products ordered by the CLIENTS is in NetEye’S account. NetEye shall not be responsible for delays in remittance / EFT payments.
7. NetEye Sonar services cannot be returned because they are services performed instantly online and they are produced based on specific requests and demands of the Client or they are customized by making changes or additions.
8. This contract is subject to the Turkish Commercial Code, Code of Obligations and General Provisions and it is not subject to the Consumer Rights Law and related regulations.Thus, the definition of a Consumer and right of withdrawal given under the Consumer Rights Law shall not apply to this contract.
9.1. The CLIENT is personally responsible for security of social network user name and / or application account password used to log onto NetEye Sonar system and for accuracy, confidentiality of personal data.NetEye shall not be held responsible for indirect and direct damages to be suffered by the Client and / or third parties if such information is shared and obtained by third parties. 9.2. The CLIENT shall not transfer and sell subscription accounts and rights to third parties and shall not make available subscription details to others under any circumstances.Otherwise, NetEye Sonar shall have the right to cancel, suspend and stop the Client’s account. 9.3. The CLIENT hereby accepts and agrees that it shall not reproduce, copy, distribute, process the images, texts, visual and audial symbols, video clips, all kinds of software and hardware component files, databases, catalogues and lists contained in the service and contents offered by NetEye; the site and mobile applications shall not be reverse engineered and it shall not directly and / or indirectly compete with NetEye through such activities. 9.4. The CLIENT and / or persons authorized by the CLIENT hereby accept that specific passwords provided to them by NetEye shall not be shared with other persons and / or establishments under any circumstances and shall not be used for any service other than the one described.If the CLIENT shares such passwords with other persons and / or establishments, this shall be considered as a violation of the contract. 9.5. The Users can use their own pages to send messages on the page management system of NetEye Sonar program.NetEye is not responsible for legal and penal liabilities to be caused by contents of messages and the message itself sent by the users
10.1. NetEye reserves the right of making changes on Tick Tock Boom Sonar program and additional services of the program as well as expanding the program, adding extra features and applications(provided that the main service described on Article 3 is preserved) and / or to cancel / terminate some or all of the additional services and, in case of such changes, NetEye shall take necessary precautions in order to assure that the CLIENT’S rights are protected and shall inform the CLIENT beforehand. 10.2. Provided that NetEye makes sure that the CLIENT’S rights of use are not impaired, NetEye has the right to take all kinds of measures to assure security of Tick Tock Boom NetEye Sonar program and to assure compliance to the contract, including but not limited to allowing access of only certain range of IP and thus preventing access from other points or temporarily preventing access by multiple users simultaneously, suspending login of a user if malevolent users are discovered. 10.3. NetEye assumes to liabilities in case of any data loss or service interruptions caused due to technical and other failures, natural disaster, theft, fire and such other force majeure experienced during the service. The CLIENT hereby accepts and declares that it shall not make any claims (pecuniary and non-pecuniary damages etc.) from NetEye.
11.1. Full mobilization, strike, earthquake, flood, malfunction / breakdown of NetEye’S hosting and database and such other incidents not caused by NetEye shall be considered as force majeure. In that case, NetEye shall be entitled to unilaterally withdraw from liabilities contracted hereunder without any compensation but by refunding the fees paid. 11.2. If force majeure continues for a period over 20 days, the CLIENT shall be entitled to terminate this contract and to return the fees.
12.1. If services purchased cannot be performed due to NetEye’S fault, the CLIENT shall be entitled to terminate this contract unilaterally and without compensation.In that case, NetEye shall be obliged to return the service fees to the CLIENT. If the Contract is terminated due to the CLIENT’S fault, the Client shall cover credit card / instruments of payment fees and commissions. 12.2. If NetEye fails to fulfill its contractual liabilities, the CLIENT shall serve a notice and demand fulfillment of contractual liabilities within 7 days.If NetEye fails to fulfill its liabilities despite the notice, the CLIENT shall be entitled to terminate this contract and demand a refund.If the contract is terminated due to a fault of NetEye, each credit card / instruments of payment fees and commissions shall be refunded by NetEye. 12.3. The CLIENT is entitled to terminate this contract at any time before the end of contract term provided that minimum 60-day notice is given for yearly subscriptions and minimum 15-day notice for monthly subscriptions. Liabilities and rights of both parties shall continue for 60 days following the notice of termination. In case of monthly subscriptions, NetEye shall be entitled to collect fees from the CLIENT’S credit card depending on the type of subscription.NetEye hereby agrees that it shall refund to the Client the fees for services not performed, in case of yearly subscription. 12.4. If one of the parties goes bankrupt, announces arrangement of bankruptcy or loses its legal entity or assets, this CONTRACT might be terminated, effective immediately, provided that a written notice is served by the other party.
13. This contract might be executed monthly or annually. The contact term shall be selected by the CLIENT on the websites. Unless the CLIENT terminates subscription, this contract shall be renewed under the same terms and conditions after the contract completes its term.
14.1. All kinds of contents offered on NetEye are consisted of data collected from third parties and public resources.All data, analysis, reports and statistics are processed on software without any editing or redirecting since the information is processed automatically and the information is provided objectively.All kinds of pages and reports presented by NetEye are provided only for informational purposes and as suggestions; they should not be directly considered as solution, conclusion, legal opinion, political and sociological research information and accuracy of such information is not guaranteed.Data might be conflicting or inconsistent.In such cases, NetEye shall have no liability. 14.2. NetEye DOES NOT OFFER ANY EXPLICIT OR IMPLICIT GUARANTEES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, PERFORMANCE, MARKETABILITY, FITNESS FOR A SPECIFIC PURPOSE OR FOR A SPECIAL, PURPOSE REGARDING THE OUTCOMES TO BE ACHIEVED BY A PERSON OR ESTABLISHMENT USING CONTENTS OFFERED BY NetEye.ALL CONTENTS ARE OFFERED “AS IS”. NetEye SHALL NOT BE HELD RESPONSIBLE FOR LOSS OF PROFIT OR DAMAGES CAUSED BY USING THE CONTENTS.IF THE CONTENTS OFFERED BY NetEye REFER TO A PERSON / ESTABLISHMENT / COMPANY / BRAND, THIS SHALL NOT BE CONSIDER AS A SUGGESTION THAT WILL HAVE IMPACT ON MARKET VALUES OF THESE PERSONS / ESTABLISHMENTS / COMPANIES / BRANDS OR THEIR RANKING BASED ON DIFFERENT CRITERIA OR A SUGGESTION FOR BUYING, SELLING OR KEEPING SHARES OF THESE PARTIES.
15. The CLIENT hereby irrecoverably accept, declare and agree that all commercial books, records and documents as well as computer, fax record, microfilms, e-mail correspondences of NetEye shall be considered as final evidence, as per Code of Civil Procedure, in case of any dispute arising / to arise between the PARTIES.
16. Users agreeing our Privacy Policy and ToS to use our services are also agree -therefore bound by- the Youtube ToS and Google Privacy Policy. Youtube ToS: https://developers.google.com/youtube/terms/api-services-terms-of-service
17. THE PARTIES hereby accept that ISTANBUL ÇAĞLAYAN COURTS AND EXECUTION OFFICES are authorized to settle any disputes arising from this contract. This contract is issued and approved electronically by the parties before the CLIENT’S payment.