1. Scope of the Agreement
1.1. Eos Taşımacılık Turizm Ticaret Limited Şirketi is located at Kadınlar Denizi Mah. 546 Sok. No:2-I D:2 Kuşadası/Aydın. This agreement has been concluded between the customer and Eos Taşımacılık Turizm Ticaret Limited Şirketi and defines the service conditions and the obligations of the parties.
1.2. Eos Taşımacılık Turizm Ticaret Limited Şirketi’s software development, web design, information, communication services, internet and print-visual media advertising services, and other products are subject to the provisions of the written agreement made between the customer and Eos Taşımacılık Turizm Ticaret Limited Şirketi. Unless otherwise agreed in writing, this agreement is valid.
1.3. The products of Eos Taşımacılık Turizm Ticaret Limited Şirketi will be referred to as "Services" under this agreement, and services provided to the customer under a separate written agreement are not included within this scope.
2. Terms of the Agreement
2.1. To use the services, acceptance and approval of the service agreement by the customer is required.
2.2. Service agreement acceptance forms:
a- Notification of the approval process to the customer representative for any service by Eos Taşımacılık Turizm Ticaret Limited Şirketi.
b- Signing of the agreement sent under the contract made between Eos Taşımacılık Turizm Ticaret Limited Şirketi and the customer.
c- By using the services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi; in this case, the customer is deemed to have accepted the service agreement of Eos Taşımacılık Turizm Ticaret Limited Şirketi.
2.3. The customer cannot use the service agreement if they are not of legal age or if they are prohibited from receiving such services under the laws of the Republic of Turkey or the laws of the country in which they receive the service. In such cases, the services received by the customer will be immediately terminated and Eos Taşımacılık Turizm Ticaret Limited Şirketi cannot be held responsible for any losses or damages incurred by the customer.
3. Service Conditions
3.1. Eos Taşımacılık Turizm Ticaret Limited Şirketi may temporarily or permanently suspend the services or any features of the services at its discretion without prior notice to the customer, within the framework of continuous innovation. This is accepted and approved by the customer. The customer reserves the right to suspend, make changes to, and pause the services within the authority granted to them. The customer is not obligated to inform Eos Taşımacılık Turizm Ticaret Limited Şirketi when they cease to use the services.
3.2. Eos Taşımacılık Turizm Ticaret Limited Şirketi may block access to the customer's account without stating any reason. Therefore, the customer may not have access to the services, account details, or files and other content in their account. This situation is also approved and accepted by the customer.
3.3. Eos Taşımacılık Turizm Ticaret Limited Şirketi does not impose an upper limit for the messages sent or received through the services or for the storage spaces used. However, the customer acknowledges that Eos Taşımacılık Turizm Ticaret Limited Şirketi may set such a limit at any time at its discretion. In such a case, if the established limit is exceeded, excess amounts will be charged separately.
3.4. The service fee rates in payments made by the customer in return for the services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi may vary. The service fee rate is determined by Eos Taşımacılık Turizm Ticaret Limited Şirketi and is accepted and approved by the customer.
3.5. Customer information will not be shared with other customers by Eos Taşımacılık Turizm Ticaret Limited Şirketi. This information will be retained by Eos Taşımacılık Turizm Ticaret Limited Şirketi.
3.6. Each service received by the customer will be evaluated according to the conditions of the period in which the service was received. Therefore, the customer cannot make any retrospective claims or payment requests.
3.7. Eos Taşımacılık Turizm Ticaret Limited Şirketi provides internet advertising services through service providers. Eos Taşımacılık Turizm Ticaret Limited Şirketi cannot be held responsible for changes in the policies and service conditions of service providers.
3.8. Eos Taşımacılık Turizm Ticaret Limited Şirketi is not obliged to reflect the promotional budgets of advertising service providers' products and services to customers. It reserves this use.
3.9. The advertisements prepared are based on the verbal information provided by the customers. Eos Taşımacılık Turizm Ticaret Limited Şirketi is not responsible for the accuracy of verbal information.
3.10. Content produced by Eos Taşımacılık Turizm Ticaret Limited Şirketi, such as text, visuals, animated content, and similar content, cannot be used anywhere without the permission of Eos Taşımacılık Turizm Ticaret Limited Şirketi.
3.11. Eos Taşımacılık Turizm Ticaret Limited Şirketi is not responsible for the copyright of content provided by the customer.
3.12. Eos Taşımacılık Turizm Ticaret Limited Şirketi is not responsible for the content of the channels where visual advertisements are published. It has no responsibility to monitor the content of these sites.
3.13. Eos Taşımacılık Turizm Ticaret Limited Şirketi is not responsible for the code system provided by the advertising service provider that allows users to see ads again or for triggering the advertisements.
3.14. Eos Taşımacılık Turizm Ticaret Limited Şirketi bears no moral or material responsibility for damages that may arise from content, software, or viruses on the advertiser's site or damages to users visiting the site through advertisements.
3.15. Eos Taşımacılık Turizm Ticaret Limited Şirketi is not responsible for errors arising from codes added to the advertiser’s site to use certain advertising features or to make the advertisements more functional and measurable.
3.16. Eos Taşımacılık Turizm Ticaret Limited Şirketi may need to access user accounts on relevant sites to manage social media advertisements. It is not responsible for any information and content loss that may occur in customer accounts due to this access.
3.17. Eos Taşımacılık Turizm Ticaret Limited Şirketi is not responsible for the accuracy of the payment information made by the customer through the bank.
Manner of Using Services
4.1. To access the services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi, the customer may be required to provide some information (such as identity or contact information) during the registration process or while using the services. The customer acknowledges and declares that the registration information provided to Eos Taşımacılık Turizm Ticaret Limited Şirketi is always complete, correct, and up-to-date.
4.2. The customer undertakes not to access or attempt to access the services in any way other than through the interface and reporting services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi, unless a separate agreement is made.
4.3. The customer agrees and undertakes not to interfere in any way with the services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi or with the servers and networks related to these services.
4.4. The customer agrees and undertakes not to reproduce, copy, sell, or trade these services, except as expressly permitted by a separate agreement.
4.5. The customer acknowledges and declares being completely responsible to Eos Taşımacılık Turizm Ticaret Limited Şirketi and third parties for any infringements that may arise from the use of the services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi.
Account and Password Security
5.1. The customer is responsible for maintaining the confidentiality and protection of all passwords used to access the services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi. They acknowledge that they are solely responsible for all actions occurring in their account.
5.2. The customer agrees to notify Eos Taşımacılık Turizm Ticaret Limited Şirketi immediately if they notice that their password or account has been used without authorization.
Personal Privacy and Personal Information
6.1. The customer accepts that their personal data will be used in accordance with the privacy policies of Eos Taşımacılık Turizm Ticaret Limited Şirketi.
Scope of Services
7.1. The data files, written texts, computer software, music, audio files and other sounds, photos, videos or other visual information accessed by the customer through the services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi are included within the content.
7.2. Eos Taşımacılık Turizm Ticaret Limited Şirketi reserves the right to pre-select, review, highlight, remove, modify, reject, or remove any content related to the services provided. It may also provide tools to block inappropriate content such as obscenity, violence, and terrorism.
7.3. The customer accepts and declares that they are solely responsible for all content created, transmitted, or viewed in all services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi.
M ownership Rights
8.1. The customer acknowledges that all legal and intellectual property rights pertaining to the services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi belong to either the company itself or its licensors, and that these services may contain some information considered confidential by Eos Taşımacılık Turizm Ticaret Limited Şirketi. This information cannot be disclosed without prior written consent.
8.2. The customer agrees that they have the right to use the trade name, trademark, service mark, logo, domain name, and other identifying brand elements of Eos Taşımacılık Turizm Ticaret Limited Şirketi in the services provided, and they undertake not to use these trade names and logos in a way that would create any confusion regarding the owner or authorized user of these marks. They also agree not to remove or hide any ownership rights notices included with the services; including copyrights and trademarks.
Eos Taşımacılık Turizm Ticaret Limited Şirketi License
9.1. Eos Taşımacılık Turizm Ticaret Limited Şirketi may sell or lease the usage license of its software as a separate service to its customers. The customer cannot transfer, lease, sublicense, secure these rights, or in any other way transfer any portion of these rights without the specific written permission of Eos Taşımacılık Turizm Ticaret Limited Şirketi.
9.2. The customer agrees that, unless expressly permitted by Eos Taşımacılık Turizm Ticaret Limited Şirketi or required by Law; they may not copy or modify the software, create new works from the software, attempt to reverse engineer, decompile, or otherwise disassemble the software's source code or any part thereof, or grant permission to any third parties to perform these actions.
9.3. The customer agrees to pay not only the payment amount but also the Value Added Tax (VAT) to Eos Taşımacılık Turizm Ticaret Limited Şirketi. Eos Taşımacılık Turizm Ticaret Limited Şirketi is responsible for paying the VAT amount to the tax authorities. The prices specified in the campaigns carried out by Eos Taşımacılık Turizm Ticaret Limited Şirketi are prices excluding VAT.
Content Usage Rights
10.1. The customer holds copyrights and other rights related to the content provided, sent, or displayed in services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi. By submitting, sending, or displaying content, the customer grants Eos Taşımacılık Turizm Ticaret Limited Şirketi the right to reproduce, adapt, modify, translate, publish, publicly perform, and display any content submitted, sent, or displayed by the customer through its services. The purpose of this license is solely to enable Eos Taşımacılık Turizm Ticaret Limited Şirketi to display, distribute, and promote its services.
10.2. The customer acknowledges that this license grants Eos Taşımacılık Turizm Ticaret Limited Şirketi the right to share this content with related companies, organizations, and individuals for the provision of associated services.
10.3. Eos Taşımacılık Turizm Ticaret Limited Şirketi may convey and distribute the customer’s content across different social networks and media channels. Moreover, it may take the necessary technical steps to provide social media advertising and management services to its users. The customer acknowledges and declares that this license grants Eos Taşımacılık Turizm Ticaret Limited Şirketi the right to perform these actions.
Software Updates
11.1. Eos Taşımacılık Turizm Ticaret Limited Şirketi updates its software at different times. The customer agrees to receive these updates as part of the provided services.
Eos Taşımacılık Turizm Ticaret Limited Şirketi and Customer Relationship Termination
12.1. The customer initiates the service contract through online payments made on a secure payment page or via bank transfer. The service contract remains valid as long as the customer has an active budget for the services received. When the customer’s budget for the services received runs out, the service contract is suspended. If the customer makes the payment in accordance with the above-mentioned conditions, this contract shall be updated with their suspended account.
12.2. If the customer wishes to completely terminate their service contract with Eos Taşımacılık Turizm Ticaret Limited Şirketi, they must send this request in writing to the address of Eos Taşımacılık Turizm Ticaret Limited Şirketi specified at the beginning of the contract. Termination requests that are not made in writing will not be considered.
12.3. Cases of termination of the contract by Eos Taşımacılık Turizm Ticaret Limited Şirketi include;
a- If the customer acts contrary to any provision of the agreement or shows an intention or opportunity not to comply with the provisions,
b- If Eos Taşımacılık Turizm Ticaret Limited Şirketi is legally obligated to do so,
c- If the relationship with Eos Taşımacılık Turizm Ticaret Limited Şirketi’s partner regarding the services provided to the customer ends or if the company stops providing services to the customer,
d- If Eos Taşımacılık Turizm Ticaret Limited Şirketi ceases to provide services in the country where the customer resides or uses the service,
e- If it becomes commercially unfeasible for Eos Taşımacılık Turizm Ticaret Limited Şirketi to continue its service relationship with the customer.
12.4. When this agreement is terminated, all legal rights, obligations, and liabilities that the customer and Eos Taşımacılık Turizm Ticaret Limited Şirketi have enjoyed or encountered during the term of the agreement will not be affected by this termination and will continue indefinitely.
13. No guarantee is provided regarding any services that will be provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi, such as performance, advertisement placement, sales, and customer growth.
Limitation of Liability
14.1. Eos Taşımacılık Turizm Ticaret Limited Şirketi is not responsible for any direct or indirect damages, loss of profits, reputational damages, taxes, fees, penalties, etc. Furthermore, Eos Taşımacılık Turizm Ticaret Limited Şirketi has no responsibility in case of any disruption in the provision of services, including data loss or other damages in business.
14.2. The completeness, accuracy, or validity of advertisements, and any relationships or transactions between the customer and advertisers or sponsors are the sole responsibility of the customer in the event of temporary or permanent suspension of the services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi, or any loss arising from deletion, corruption, or inability to store data resulting from the use of the services.
Copyright and Trademark Policy
15.1. Eos Taşımacılık Turizm Ticaret Limited Şirketi evaluates infringement notifications within the framework of International Intellectual Property Law and the Copyright Law of the Republic of Turkey. It may review infringement notifications through a specific procedure and cancel the relevant accounts if deemed necessary.
Advertisements
16.1. Some of the services provided by Eos Taşımacılık Turizm Ticaret Limited Şirketi are supported by advertising revenues, and advertisements and promotions should be included in these services. These advertisements may be related to content, questions, and other information contained in the services. The customer accepts the placement of advertisements in the services of Eos Taşımacılık Turizm Ticaret Limited Şirketi and acknowledges that the understanding, style, and scope of advertisements may be changed without specific notification.
Amendment of Contract Terms
17.1. Eos Taşımacılık Turizm Ticaret Limited Şirketi may amend the provisions of the agreement as necessary. When these amendments are made, Eos Taşımacılık Turizm Ticaret Limited Şirketi will provide a new copy of the agreement for access on its page. If the customer continues to benefit after the date of changes in the provisions, Eos Taşımacılık Turizm Ticaret Limited Şirketi will accept this use as the acceptance of the renewed text of the agreement by the customer.
Notifications
18.1. Eos Taşımacılık Turizm Ticaret Limited Şirketi can contact the customer via email, postal mail, or by sending notifications regarding contract changes.
Disputes
19.1. This agreement is subject to the laws of the Republic of Turkey. In case of any disputes, the courts and enforcement offices of Kuşadası are authorized. If necessary, Eos Taşımacılık Turizm Ticaret Limited Şirketi may initiate legal proceedings in courts of other countries.