User Agreement and Privacy

User Agreement
Article 1. Parties

This User Agreement (“Agreement”) is entered into between KURUMSAL YAZILIM A.Ş. (“Company”) and the person who registers as a user (“User(s)”) for the cloud-based finance and business management applications accessible via the websites at www.harmonyerp.cloud (“Site(s)”) or via Sites or Mobile Applications (“Application(s)”). The Agreement shall enter into force upon the User’s acceptance in electronic form and shall remain in effect until terminated in accordance with the procedures specified in the Agreement.

Article 2. Subject Matter and Scope of the Agreement
2.1 This Agreement is made to determine the terms and conditions regarding the User’s benefit from the Application and the data uploaded to the Application by the User (“Content”), as well as the rights and obligations of the parties.
2.2 The Application includes the HarmonyERP Cloud products offered by the Company to Users. In this Agreement, the Application and Site together shall be referred to as the HarmonyERP Cloud platform (“Platform”).
2.3 The terms, rules and conditions presented by the Company to Users in connection with the use of the Platform within the Site are annexes to this Agreement and are an integral part thereof, constituting the entirety of the rights and obligations of the parties together with those contained herein.

Article 3. Rights and Obligations of the Parties
3.1 The User declares that they are aware that they must approve this Agreement by providing complete, accurate and up-to-date information requested by the Company to benefit from the Platform. If any information provided at the time of establishing User status changes, that information shall be updated immediately. The Company shall not be responsible for inability to access or benefit from the Platform due to incomplete, inaccurate or outdated information.
3.2 The User declares that they are over 18 years old and have legal capacity to conclude this Agreement. If the User accesses the Site on behalf of a business, they acknowledge and declare that they have the necessary authorization. In that case, the rights and obligations related to User status shall belong to that business.
3.3 The User is entitled to create only one User account; creating a second account using the same or different information after the Company suspends or terminates the User’s account is prohibited. The Company reserves the right to refuse opening a User account at its sole discretion without providing any reason.
3.4 The User shall access the Site using their e‑mail address and password. The User is responsible for protecting the confidentiality and security of this password. The Company shall assume that all activities performed via the Site using this information are carried out by the User, and any legal or criminal liability arising from those activities shall belong to the User. If the User becomes aware of unauthorized use of their password or any other security breach, they shall notify the Company immediately.
3.5 The User agrees and undertakes to use the Application only for lawful purposes and to comply with this Agreement, its annexes, applicable legislation and other terms and conditions provided on the Site and in the Application. The User may use the Platform on behalf of third parties only if they are authorized to provide services to them. In such cases, the User shall ensure that such persons also comply with this Agreement and all other provisions applicable to them.
3.6 The User may authorize a third person (“Authorized User”) to use the Application at various times. The User shall determine the identity and level of authority of the Authorized User within the Application. The User shall be responsible for Authorized Users’ use of the Platform, shall always monitor their access, and may change or revoke it at any time and for any reason. In the event of a dispute between the User and an Authorized User concerning Platform access, the User shall decide on the Authorized User’s access and access level to the Platform or Content.
3.7 Content shared by the User is owned by the User and all responsibility concerning the Content belongs to the User. The Company has the right to use the Content within the license granted by the User under this Agreement. The Company shall not be liable for the Content or losses or damages it may cause. This includes—but is not limited to—legal compliance, accuracy of the Content, payments of invoices, collections, financial transactions and tax reporting. Ensuring legal compliance regarding financial transactions, taxes and other matters is the exclusive responsibility of the User. The User accepts that the Company may delete Content from the Platform and its systems due to regulatory requirements, including financial regulations, and that the Company shall not be responsible for any loss of data or other damages incurred in this context.
3.8 The User undertakes not to engage in activities that would endanger the security or integrity of the computer and network systems of the Company or the third-party hosts of the Platform, Application, Site or services, or that would impede or damage their operation or the use of the Platform by other Users. The User will not access computer systems beyond the granted scope, will not upload or transfer damaging files or unlawful Content (including copyrighted materials or trade secrets which the User does not have rights to), and will not attempt to alter, copy, adapt, reproduce, reverse engineer, decompile, extract source code or tamper with system software, except in ways absolutely necessary for normal use.
3.9 The User agrees that their use of the Platform may be subject to limits, including monthly transaction and storage volumes. These limitations will be specified within the Platform.
3.10 The User will keep copies of the Content uploaded to the Application. Although the Company adheres to necessary policies and procedures to prevent data loss, it does not guarantee that Content will not be lost. The Company shall not be liable for any loss of Content for any reason.
3.11 The Company shall process, store and use the personal data shared by the User in accordance with the Personal Data Protection Law No. 6698 (“KVKK”), related regulations, the “Personal Data Disclosure Text” and the “Personal Data Processing and Protection Policy.” The Company provides cloud-based finance and business management applications that the User can access through the Platform. The User is personally responsible for the Content they upload, and with respect to that Content, the Company acts as the Data Processor under the KVKK. If the User requests to share Content in their account—for invoicing, payment information sharing, payment reminders, online credit card collection, or other requested services—the Company has the right to share Content with other Users and business partners. The User may share their Content with others and is fully responsible for such sharing; the Company has no responsibility or control over it. The Company may store the User’s usage and transaction data, performance evaluations, and data used in marketing campaigns, annual reports, and similar processes by the Company and its partners; after the necessary retention period, it may anonymize and use such data.
3.12 In case of technical problems with the Application, the User shall make reasonable efforts to identify and diagnose the issue before contacting the Company. If technical support is still needed, it will be provided through the Platform or other appropriate channels.
3.13 If communication tools (forums, chat tools or message center) are provided via the Platform, the User undertakes to use them only for lawful purposes. The User shall not use such tools to share materials outside the purpose of the Application—including sales of products or services, unsolicited emails, files that could damage third-party software or systems, insulting content toward other users, or any illegal content. The User declares they have authority for all communications made via the Platform. The Company is not obligated to monitor whether communications made via the Platform are appropriate or aligned with its intended purposes. The User shall show due care when using other web-based communication tools accessed or used via the Application. The Company reserves the right to remove any communication tools provided via the Platform at its own discretion.
3.14 The Company reserves the right to revise this Agreement and its annexes at any time without prior notice; any changes will take effect upon the User’s next use of the Platform. If the User does not accept these changes, they may terminate the Agreement as described below.
3.15 The User may not assign or transfer their User account or any rights or obligations arising from this Agreement or Platform usage to any third party.
3.16 The User may delete Content they have entered on the Platform at any time. Except as specified in Article 7.6, a User whose membership has been terminated will not be able to access their account.
3.17 If the User violates this Agreement, the Platform’s other terms and conditions, or any declarations or commitments herein, the Company may suspend the User’s membership or terminate the Agreement as outlined below, thereby terminating User status. In such case, the Company reserves the right to claim compensation for any damages resulting from the violation.

Article 4. Payment Terms
4.1 The User may benefit from the Application only if they pay the fees specified within the Platform in full via the payment methods and terms indicated in the Platform.
4.2 The User may use the Application free of charge for the period specified in the Platform. Upon the expiration of the trial period, the User’s membership will convert to a paid subscription based on membership type, service level, functionality, campaigns or contract duration. Application fees, payment terms and effective dates will be posted in the relevant sections of the Platform. The User may upgrade or downgrade their subscription plan at will; unless otherwise specified by the Company, such requests will take effect at the end of the current billing period. Changes in fees or payment terms during the subscription period—including cancellation of the Agreement—will not apply until the end of that period; new fees and payment terms will apply from the start of the next subscription term. No refunds will be made if the subscription ends for any reason during the term.
4.3 Unless otherwise requested by the User at least 14 (fourteen) days before the end of the period, the subscription will automatically renew at the end of each term.
4.4 If the User purchases a prepaid service, the invoice will be issued to the address provided at membership registration and shared as an e‑invoice. If the User purchases a postpaid service, they must pay the invoice amount within 7 (seven) days after the invoice date. The User is responsible for taxes and fees related to the charges.
4.5 The Company or its authorized third parties may store the User’s credit card, account and payment information to process membership and payment transactions and updates related to bank integration.

Article 5. Intellectual Property Rights
5.1 All rights, ownership and interests in the Platform belong to the Company. Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Platform. No provision of this Agreement or the Platform’s terms shall be interpreted as transferring any rights or interests in the Platform to the User. The User grants the Company the right to use, copy, transmit, store and back up their information and Content for access, use of the Application and provision of services. The Company may sublicense Content to third-party developers for service provision.
5.2 The User has no right to copy, modify, reproduce, reverse engineer, decompile, access source code or create derivative works, or otherwise alter the software on the Site in any way. Any alteration of browser content or the Platform itself without explicit permission from the Company is strictly prohibited.
5.3 The User shall not use the Company’s (or its affiliates’) trade name, trademark, service mark, logo, or domain name in any way or for any reason.

Article 6. Limitation of Liability
6.1 The Application, software and other contents are provided “AS IS.” The Company makes no warranties or representations as to their accuracy, completeness or reliability. The User acknowledges that the Company does not guarantee any relationship between Content and other User data. The Company does not warrant uninterrupted or error-free use of the Platform. Although the Company aims to provide 24/7 access, it does not guarantee the system’s functionality or accessibility. The User agrees that access may be blocked or interrupted and that the Company shall not be liable for such interruptions.
6.2 The Platform may include links to external third-party websites or portals or files that are not under the Company’s control, and such links do not imply endorsement or guarantee regarding those sites or their operators. The Company is not responsible for any services or content accessed via those links.
6.3 The User acknowledges that the quality of access to the Application significantly depends on the quality of the Internet Service Provider, and the Company is not responsible for issues arising from that service.
6.4 The User is solely responsible for their uploaded Content and use of the Platform. The User agrees to indemnify the Company against any claims or demands (including litigation costs and attorney’s fees) from third parties regarding intellectual property violations, Content, or use of the Platform.
6.5 To the extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental or punitive damages, including but not limited to loss of profit, goodwill or reputation, or expenses for substitute goods or services. The Company also disclaims any implied warranties, including merchantability or fitness for a particular purpose. The Company’s total liability under this Agreement shall be limited to the total amount paid by the User for the services up to the date the damage occurred.

Article 7. Term and Termination of the Agreement
7.1 This Agreement enters into force upon electronic acceptance by the User and remains in effect unless terminated by either Party as described below.
7.2 Either Party may terminate this Agreement at any time, for any reason or no reason, without compensation, by providing 14 (fourteen) days’ prior written notice to the other Party at the e‑mail address on file.
7.3 If either Party fails to fulfill its obligations under this Agreement and does not remedy the breach within the period specified in a written notice from the other Party, the notifying Party may terminate this Agreement. If the User commits the breach, the Company may suspend User status until the breach is remedied. If the User violates applicable law, the Company may immediately terminate the Agreement for cause.
7.4 Termination does not extinguish any rights or obligations accrued by the Parties up to the date of termination. Upon termination, the User remains responsible for all fees and expenses incurred up to that date and will no longer have access to the Platform. No refund will be made for prepaid memberships.
7.5 If the User’s account remains inactive for 3 (three) months, the Company may terminate this Agreement.
7.6 In the event of termination, unless legally prohibited, the User may request access to their Content within six (6) months.
7.7 The Company has the right to retain Content on its databases throughout the term of this Agreement. After termination or expiration, the User may obtain their Content free of charge within six (6) months. The Company may charge a fee for requests submitted after this period, which will be specified in the Application.

Article 8. Miscellaneous Provisions
8.1 If any provision or clause of this Agreement is found invalid, unlawful or unenforceable, the remaining provisions shall continue in full force and effect.
8.2 This Agreement and its annexes constitute a whole. In case of conflict, the provisions in the annexes shall prevail.
8.3 The User shall be contacted via the e-mail provided during registration or via general notifications on the Platform. E-mail communication shall be deemed equivalent to written communication. It is the User’s responsibility to keep their e‑mail address up to date and to regularly check the Platform for notifications.
8.4 This Agreement and its annexes shall be governed by Turkish law. The courts and enforcement offices in Istanbul shall have jurisdiction.

Article 9. Commercial Electronic Messages
9.1 The User consents to receive commercial electronic messages and other communications from HarmonyERP Cloud and its affiliates regarding general/special offers, updates, celebratory messages, presentations and bulletins, promotions and advertisements in accordance with applicable laws, via their preferred channels such as SMS/text message, automated calls, telephone calls, social media/online ad networks, e-mails, and other electronic communication tools. The User may change communication preferences or unsubscribe at any time by following the instructions provided in the messages, without any reason.

Privacy Conditions
GENERAL
Your use of this Website and its services (“Services”) means you have read and accepted the KURUMSAL YAZILIM A.Ş. (“KURUMSAL YAZILIM”) Website Privacy Conditions (“Privacy Conditions”) and rules. If you cannot comply with the Privacy Conditions, do not use this Website or its Services. Additional terms may apply to certain parts or interactions on the Website.

MONITORING/CHANGES TO PRIVACY CONDITIONS
The Site Owner (KURUMSAL YAZILIM) reserves the right to change the Privacy Conditions or introduce new terms at any time without prior notice. Any changes regarding the types of information collected during use, how it’s used, third-party sharing, and all relevant privacy conditions will be presented on this page. It is the User’s responsibility to regularly monitor and read the Privacy Conditions. Continued use of the Website or Services after changes indicates acceptance of the updated Privacy Conditions.

OPEN SYSTEM
Users (including members, and anyone entering the Website) acknowledge that the Internet is not entirely reliable or secure, and that all communications—including personal data, passwords, etc.—are at risk of unauthorized access by third parties. The Site Owner gives no guarantee regarding security or protection against malicious acts.

USER INFORMATION
The User is responsible for all content and personal information entered, submitted, or sent through the Website or Services (including but not limited to any text, documents, music, ads, opinions, messages, audio, written, moving or still images). Users warrant that any information they submit is reliable, accurate, non-infringing on third-party rights, and lawful. The Site Owner may remove or block content it deems harmful to other Users or in violation of applicable laws or international regulations, without obligation to do so.

USERNAME AND PASSWORD
The Site Owner may require membership/registration for certain services or sections. The User may be assigned or required to create a username and password. The User is responsible for safeguarding their username and password and for any misuse or unauthorized use. Access to member-only services requires the correct password. The User is responsible for creating a secure password using special characters, numbers and letters, and for making changes if necessary. The User is responsible for all actions taken using their credentials. In case of loss of credentials or potential security threats, the User must notify the Website or Site Owner immediately.

PROTECTION OF INFORMATION
The Site Owner makes every effort to secure all pages on the Website and uses a wide range of technical and administrative safeguards to protect the confidentiality, security and integrity of stored data.

THIRD-PARTY SITES
The Website may link to websites operated or controlled by third parties that the Site Owner does not manage. The Site Owner offers no guarantee regarding the content, security, privacy policies, or continued operation of such third-party sites. The terms and conditions of such sites apply to them. Users should review their security and privacy policies before using them. The Site Owner is not responsible for personal data shared with, content accessed from, or services used on these third-party sites.

HELPER PROGRAMS ON THE WEBSITE
The User may need helper programs to use certain services or features of the Website. When using these services or features, relevant data may be recorded in the Website’s database. “Cookies” may also be used to provide easier service and transmit certain information to the User.

PERSONAL DATA
To visit or use the Website or any service, personal data such as name, surname, address/location, IP information, e‑mail address, or telephone number may be provided or recorded. The User acknowledges that any personal data they provide becomes available to the Site Owner. If the User chooses to share personal data or content with other Users or third parties, they acknowledge that confidentiality is lost.
The Site Owner may classify and store provided information and content in its databases and use it in line with the Website’s purposes, the Site Owner’s business, and the Services. Data may be transferred domestically or internationally in compliance with regulations. The User expressly permits the Site Owner to use activity logs, access methods and browser information as desired.
Sensitive Information: Unless required by law, the Site Owner does not and will not collect sensitive data such as race, ethnicity, religion/belief, political opinion, physical or mental health characteristics. The Site Owner has no responsibility for such data in case it is provided or recorded.

COMMERCIAL COMMUNICATION
KURUMSAL YAZILIM may send electronic or commercial electronic messages to addresses provided or recorded through the Website. Sending any such message indicates prior consent/permission. The User may revoke permission or refuse commercial electronic messages at any time; requests will be processed by KURUMSAL YAZILIM within 10 business days. The method to refuse will be shown in messages sent by KURUMSAL YAZILIM.

VIOLATION OF PRIVACY CONDITIONS
If the Site Owner believes the Privacy Conditions have been violated or are being violated—even if no actual violation has occurred—it may remove, edit or delete content or suspend or terminate User access to the Website or Services without notice. This applies even to attempted indirect violations.

INFORMATION AND COMMUNICATION
For questions regarding these Privacy Conditions, you can contact [email protected] for more information.