User Agreement

This contract is the contract between the service provider WAPIFLY and the Person or Institution (hereinafter referred to as the "USER") who has registered their information in the system by registering a new user on www.wapifly.com (hereinafter referred to as the "Site").

ARTICLE 1 - SUBJECT

This Agreement regulates the rights and obligations of the parties regarding the performance of the service, the price of which is determined between the SITE that provides the service and the USER.

ARTICLE 2 - SITE INFORMATION

Title: BİRİNET TEKNOLOJİ TİCARET LİMİTED ŞİRKETİ
Address: BARBAROS MAHALLESİ 75 YIL SK. NO:3/3/1 CENTER/CANAKKALE
Phone: 0850 241 1 444

ARTICLE 3 - USER INFORMATION

The USER undertakes the accuracy of the information given during registration to the SITE. The USER is obliged to update the information he has given during registration to the SITE, upon the request of the SITE.

ARTICLE 4 - DESCRIPTION OF THE SERVICE

The SITE will provide the USER with services for sending messages, photos, documents and sounds through the WhatsApp application or website on www.wapifly.com, which it has developed based on the WhatsApp application.
The service provided consists of three packages. Package contents and prices are published on www.wapifly.com/plans.

ARTICLE 5 - OBLIGATIONS OF THE PARTIES

5.1- The SITE will primarily use the USER's billing address and e-mail address in the membership profile on the SITE for all kinds of communication. It is the USER's responsibility to ensure that these addresses are valid addresses. If the USER's e-mail or billing address is out of date or is not used, the USER will be responsible for all material and moral damages, including the damages that may be incurred by third parties.

5.2- The USER declares that the information transmitted to the SITE is correct, up-to-date and in use. The USER is responsible for any damages that may occur if the information is incorrect, incomplete or out of date.

5.3- In order to provide the service subject to the contract, this contract must be confirmed electronically and the price of the service must be paid. If the service fee is not paid for any reason or it is canceled in the bank records, the SITE is deemed to be free from its obligation to provide service.

5.4- The SITE declares that any information given to it under this contract is confidential information, to use this confidential information only for the purposes of this contract, to use any information obtained as a result of the signing and implementation of this contract, as authorized by law. It accepts and declares that it will not disclose it to third parties other than the authorities, or that it will not allow their use by any third party, and that it will take the necessary care and care to keep this information confidential.

5.5- The SITE, due to the fact that the service it provides is WhatsApp-based, may cause crashes, access bans, account closures, etc. will not be held responsible for problems.

5.6- The USER will prepare the WhatsApp message content he/she will send, that the WhatsApp message content will not be against the laws in force, will not target private or public institutions, and will not violate the rights of third persons/institutions; In any case, WhatsApp accepts and declares that all responsibility for the contents of the message belongs to him.

5.7- The USER knows that the service provided is an automation and may violate the WhatsApp terms of use. The USER is responsible for the problems and damages experienced with WhatsApp on WhatsApp. The SITE cannot be held responsible for violating WhatsApp terms of use.

5.8- The SITE is obliged to provide complete service package content purchased by the USER. In case of a text message sending problem, audio sending problem, document sending problem or photo sending problem on the WhatsApp application or website, the service cannot be considered as incomplete and cannot be claimed.

5.9- The message quota phrase in the service package plans published on the SITE describes the quota on the SITE. It cannot be claimed that the service is incomplete due to limit problems on the WhatsApp application or website.

5.10- The USER cannot rent, sell, transfer or make others use the right to use the service, otherwise he/she accepts, declares and undertakes that he/she may be subject to paying a penalty equal to the minimum contract price without the need for any legal notice or notice. .

5.11- The USER accepts and undertakes that he will not act in a way that will harm the commercial reputation and reputation of the SITE and the SITE users. In these and similar cases, the SITE reserves the right to terminate the agreement unilaterally.

5.12- The USER is responsible for the security and use of the information that should be in the USER. The subscriber is obliged to immediately notify the SITE if this information is stolen or changed hands in any way whatsoever. The USER accepts and declares in advance that it cannot impose any responsibility on the SITE for damages arising from delay or negligence in notification.

5.13- The USER has informed completely and accurately that the mobile phone numbers of the persons to whom he will send WhatsApp messages are taken within their permission, that they will be sent free of charge messages, and that he has received confirmation in a way that can be proven later, in order to send messages, It accepts and declares that the responsibility of all kinds of requests, complaints and / or claims from these persons in these matters belongs to the party and that the SITE has no responsibility for the fact that WhatsApp messages are sent to the person who receives them against their will.

5.14- The SITE will inform the subscriber via e-mail 2 (two) days in advance of the maintenance/repair works to be carried out on the systems.

5.15- The SITE is obliged to keep the information obtained from the USER within the scope of this contract and is subject to all other obligations in accordance with the Law on the Protection of Personal Data (KVKK).

ARTICLE 6 - SERVICE START DATE

6.1- The service start date is the date on which the USER pays. The duration of the service is 1 (one) month.

6.2- If one of the parties does not notify the other party of the termination request by e-mail 15 (fifteen) days in advance or the payment continues to be made by the USER without the need to notify the SITE, the contract will be automatically It extends for (one) month and under the same conditions. The SITE reserves the right to change the terms and conditions of the contract and to reflect any changes that may occur in the fee to the new period.

6.3. The USER is obliged to notify the SITE via e-mail within 10 (ten) days that he/she does not accept the new provisions as of the notification of the SITE's request for a change in the terms of the contract. Otherwise, the contract will be extended for 1 (one) month over the new terms of the SITE. At the end of this period, the customer accepts and undertakes that he/she is not aware of the changes made by the SITE or that he/she cannot make a notification that he/she does not accept the changes.

ARTICLE 7 - PAYMENT

7.1- The SITE reserves the right to make future changes on prices without prior notice. The USER accepts and undertakes any changes that may occur regarding these changes.

7.2- For payments to be made via Bank Transfer / EFT, after making the payment to the bank account of the SITE, after the USER has made the transfer notification to the SITE, the SITE will perform the service activation as soon as possible and the USER's ' will inform.

7.3- The SITE receives credit card payment and card storage services from PARAM (TURK Elektronik Para A.Ş.). The SITE is not responsible for the problems experienced by the USER with credit card payment and card storage. The USER should immediately notify the SITE of the problem he is experiencing; The SITE should make a notification to PARAM (TURK Elektronik Para A.Ş.) on behalf of the USER.

7.4- The SITE, with the right to close or stop the service subject to the contract until the payment process is completed by the USER, also unilaterally, without compensation and without any additional obligation, without the need for any warning or notice. reserves the right to terminate without notice

7.5- All taxes and charges arising from this contract belong to the USER.

ARTICLE 6 - SERVICE START DATE

6.1- The service start date is the date on which the USER pays. The duration of the service is 1 (one) month.

ARTICLE 7 - PAYMENT

7.1- The SITE reserves the right to make future changes on prices without prior notice. The USER accepts and undertakes any changes that may occur regarding these changes.

7.5- All taxes and charges arising from this contract belong to the USER.

ARTICLE 8 - FORCE MAJEURE

8.1- Provided that it is beyond the control and will of the parties and beyond the reasonable supervisory power, which prevents and / or delays the fulfillment of the obligations of the parties under this contract, is unpredictable, and is not limited to the following;
a) Earthquake, fire, flood, natural disaster, etc.
b) War, civil war, acts of terrorism, etc.
c) Possible electronic malfunctions (Hardware malfunctions)
d) Periodic maintenance or improvement works (Periodic maintenances are done in a planned manner by announcing at least 4 days in advance. e) Interruptions or malfunctions, network attacks, network density or other malfunctions that may occur in telecommunication lines
f) The suspension of WhatsApp service by META company, which is the main service provider, will be considered as force majeure.

8.2- When a force majeure event occurs, one of the parties must immediately notify the other party without delay. In the event of such a situation, the parties will evaluate together, determine and implement the measures to be taken together. The parties will not be held responsible for their failure to fulfill their obligations in full or on time due to force majeure. If the said force majeure has not disappeared for 1 (one) week, each party will have the right to terminate the contract unless the parties decide otherwise.

ARTICLE 9 - PRIVACY

9.1- The parties agree that they will not disclose each other's information in writing or verbally to a third party or organization without the knowledge of the parties, and that they will not use this information in any way other than the contract.

9.2- The SITE is responsible for the security of the USER's personal data and undertakes to take all necessary measures to protect the USER's personal data. The SITE is not responsible for the USER's personal data that is not under its control.

9.3- The above-mentioned information previously disclosed to the public and information requested by official institutions will not be considered within the scope of this article.

ARTICLE 10 - RIGHT OF WITHDRAWAL

Since this contract is within the scope of the service performed instantly in the electronic environment within the scope of the Distance Sales Contract Regulation, the USER cannot use the right of withdrawal.

ARTICLE 11 - FINAL PROVISION

This Agreement, however, consists of 11 (ten) articles and its sub-headings, and has been read, understood and signed by the parties.

Every user using the WApifly.com website and services is deemed to have accepted this User Agreement.

Date: 01.12.2022