Service and Usage Agreement

 

UIPAPP DIGITAL SERVICES LTD, its affiliates and their successors and assigns (collectively "Uipapp") make available the relevant services described in Uipapp's published service descriptions, subject to these Terms of Service ("TERMS OF SERVICE").

For the purposes of the TOS, the word “CUSTOMER” means the individual requesting one or more services provided by Uipapp, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request. Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the TOS.

 

Capacity. You represent and warrant to Uipapp that you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not request services from Uipapp unless your parent or guardian enters into the TOS on your behalf.

PLEASE READ THE TOS CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON OR CHECK BOX ON THE ORDER FORM FOR ANY SERVICE PROVIDED BY UIPAPP, YOU ARE AGREEING TO BE BOUND BY THE TOS AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THE TOS. YOUR USE OF THE SERVICES FURTHER CONFIRMS YOUR ACCEPTANCE OF THESE TOS.

You represent and warrant to Uipapp that your use of any service that it provides will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, do not request services from Uipapp.

 

Services: The services that you request from Uipapp by means of the online order form on the Site or otherwise in writing and which Uipapp agrees to provide subject to these TOS are the "Services".

Your Information. You represent and warrant that any information you provide about yourself is true, and you will maintain and promptly update such information to keep it true and current.

Privacy. You have read Uipapp's Privacy Policy and consent to the use of your personal information as described therein. Click here to view a copy of the Privacy Policy.

 

Communications: Uipapp reserves the right to communicate with you regarding the Services and your use of the Site. You consent to Uipapp's use of any contact information that you provide to Uipapp in doing so.

Passwords: If you are given a username and/or a password for the purpose of accessing certain features of the Services or certain features of the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform Uipapp immediately.

Changing Passwords: Uipapp may, at any time, change any username or password assigned by Uipapp to you, and Uipapp will notify you when it does so.

Insurance: You shall maintain, at your own cost, insurance against such risks and in such amounts that could reasonably be expected by persons acting prudently and engaged in similar activities as yourself.

 

Description: For each package of web hosting and related services that Uipapp makes available to its customers, Uipapp has prepared and published a specification (each a "Service Description"). The Service Descriptions are available on https://www.uipapp.com (the "Site").

Changes to Services: Uipapp may modify its services and the corresponding Service Descriptions from time to time. Please refer to the Site for the most current Service Descriptions. Uipapp may also send any email notice of the change to its affected customers.

 

Bulk / Single SMS services; It includes the sms sending services offered to the CUSTOMER over Uipapp or over the API access connections it provides.

 

The CUSTOMER is responsible to the recipients for the Bulk / Single SMS messages he sends, and that he / she will keep Uipapp free from all kinds of requests, claims, objections and complaints that may come from the relevant persons and institutions in any manner whatsoever, Uipapp that Uipapp has the right to recourse all its damages, direct and indirect income losses and material and moral damages that Uipapp may be exposed to due to any claims, claims and receivables against Uipapp, at Uipapp's first request, immediately in cash and accepts, declares and undertakes to indemnify at once.

The CUSTOMER accepts, declares and undertakes that it will act in accordance with the current legislation regarding the sale / sending of Bulk / Single SMS subject to this Agreement.

 

The CUSTOMER will be obliged to pay the costs and compensations that Uipapp will have to pay to third parties and / or official authorities regarding its obligations under this contract, within 5 (five) business days following Uipapp's first written request, without the need for any provision collection. It accepts and undertakes that it will pay to.

All kinds of advertisements, advertisements, announcements to be made in all media related to the products subject to this Agreement (television, internet, radio, open air announcements, press etc.) It will be in accordance with the decisions of the Advertising Board. The CUSTOMER accepts and declares that he / she is responsible for any damages and losses that may arise from the violation of the provisions.

 

The CUSTOMER acknowledges and undertakes that Uipapp cannot be held responsible for the accuracy of the information contained in the sent SMS text and the content of the statements, and that it is entirely responsible. In accordance with the decision of the Supreme Election Council and the provisions of this contract, it accepts and declares that the messages for political propaganda purposes should not be sent via SMS and / or internet via mobile phone, and if such a transmission is detected, it is responsible for the penalties to be imposed for violation of the decision.

 

CUSTOMER; The expressions in the SMS text do not constitute a violation of law and legislation, ethics, public interest, public safety, territorial integrity, the right to block and block such statements will be subject to Uipapp, and any legal dispute will be subject to Uipapp, these statements and / or that the compensation claims are the addressee himself, that Uipapp knows that if any compensation is paid, he will be recourse to him, and that he will cover the compensation, penalty, expense and other expenses requested for the first, without any decision. undertakes.

 

 

 

 

 

The CUSTOMER is deemed to have obtained the GSM numbers sent by SMS legally and with permission. Uipapp cannot be held responsible for this in any way. All legal responsibilities and liabilities belong to the CUSTOMER.

 

CUSTOMER is obliged to follow the prices on the customer panel. Pricing changes automatically in the system. The cost price of each country is automatically added to the system. For this reason, prices are revised instantly. CUSTOMER accepts and undertakes that he cannot claim any rights due to changing prices in the system and that Uipapp cannot be held responsible, and that it is entirely his responsibility to follow the prices through the customer panel.

 

The CUSTOMER must approve the GDPR/KVKK(Privacy Agreement). If he does not approve, he cannot use his account. If the customer requests the deletion or anonymization of his data at a different time, his account will be suspended and closed. In this case, he accepts and undertakes that he will not be able to receive a refund if there is a credit in his account, his rights will be deleted due to closing his account, and that he is completely responsible.

 

 

You agree to indemnify and hold Uipapp and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, your use of the Services or any wilful misconduct on your part.

 

Entire Agreement. These TOS and all documents incorporated herein by reference constitute the complete agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous discussions, negotiations, understandings and agreements, written or oral, regarding such subject matter.

Severability. Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.

Waiver. No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed by the party waiving enforcement.

Interpretation. The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the TOS, the term "including" or the phrases "e.g.," or "for example" have been used to mean "including, without limitation".

 

 

Notice. Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to Uipapp when acquiring your first Service (as updated by you in accordance with section) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to Uipapp pursuant to the TOS will be in writing and sent to Uipapp at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by Uipapp to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.

 

 

Uipapp may change the TOS from time to time and at any time. When Uipapp changes the TOS, Uipapp will: (i) post the updated version of the TOS on the Site together with the date on which it was revised; and (ii) on home page for the Site for at least 30 days following any change to the TOS post a notice that the TOS have been updated.

As well, Uipapp may, but is not obliged to, ask you to actively confirm your consent to the revised TOS. If Uipapp does not do so, but you continue to use the Services or Site after the changes come into effect, you will be deemed to have agreed to abide by the revised TOS. If you do not agree with the revised TOS without qualification, terminate any existing Services that you are receiving from Uipapp and instruct Uipapp to disable any password for the Site assigned to you.

Uipapp reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.

 

UIPAPP DIGITAL SERVICES LTD Bulk SMS / OTP SMS Commitment

UIPAPP DIGITAL SERVICES LTD. (hereinafter referred to as “ UIPAPP ”), to sell and market SMS Services ( referred to as Bulk SMS and OTP SMS ) and to provide other transaction services related to them, to benefit from Bulk SMS and OTP SMS Services and to make real transactions by using this service. We accept, declare and undertake that all services to be provided by UIPAPP to the legal entity/persons (" Customer ") will be subject to the following provisions:

1. Bulk SMS service; It is a GSM service that allows the same SMS to be sent to many people at the same time, adhering to the rule of being in the approved database.
2. OTP SMS service; It is a GSM service that allows a requested number or code sequence to be sent to a person, with the customer's consent, without searching for an approved database.
3. This Commitment is notified by UIPAPP to the customer who wants to benefit from this service, in the Customer SMS Panel, after becoming a member. If the customer approves the "Bulk SMS / OTP SMS Commitment" in the digital environment on the customer panel, he/she starts using the service and accepts, declares and undertakes to act in accordance with the applicable legislation and the terms of the commitment.
4. The Customer cannot use the Bulk SMS and OTP SMS that are the subject of this undertaking for illegal purposes with the intention of fraud, fraud
   or in violation of any law, statute and regulation. cannot be used to send, upload or otherwise transmit offensive, immoral, inappropriate, humiliating and illegal messages, information or images and is obliged to ensure that it is not used.
   By using these Bulk SMS and OTP SMS, the Customer cannot harass or threaten third natural or legal persons, impersonate them, or otherwise violate any of their rights, including privacy. No Bulk SMS and OTP SMS can be sent that violate or may violate the intellectual property rights of third real or legal persons. Bulk SMS and OTP SMS cannot be of an illegal nature that would constitute a crime against any specific group of people, or be of a violent, sexual or insulting nature. UIPAPP cannot be held responsible in any way for the accuracy of the information or the content of the statements to be included in the Bulk SMS and OTP SMS texts to be sent by the Customer. If the expressions contained in the Bulk SMS and OTP SMS text
   constitute a violation of the TRNC Laws and applicable legislation, morality, decency, public interest, public security, the Customer is the addressee of any damages or compensation claims arising from such expressions.
5. All Bulk SMS and OTP SMS to be sent cannot damage the software, data or hardware of UIPAPP or third real or legal persons by containing or spreading viruses, or by acquiring or disseminating software designed or capable of causing damage/damage. .
6. Within the scope of the Bulk SMS and OTP SMS services subject to the statement of commitment, contact is made by opening a support ticket regarding all kinds of technical malfunctions and problems (failure to send for any reason, incorrect or incomplete sending)
   or any complaints and information regarding the invoice. UIPAPP informs you about requests made to it as soon as possible.
7. Within the scope of this undertaking, the GSM numbers of our Customers and/or persons to whom we will send SMS on the title(s) defined or to be defined in the system are given by our Customers, and that the database in question is an approved database in accordance with Article 95 of the Electronic Communications Law; We have fully and accurately informed our customers and/or the persons to whom Bulk SMS and OTP SMS will be sent that free Bulk SMS and OTP SMS will be sent to them, and that our Customers and/or the persons to whom Bulk SMS and OTP SMS will be sent have given their consent to receive Bulk SMS and OTP SMS; No fee is charged from our Customers and/or the persons to whom Bulk SMS and OTP SMS will be sent during the approval process; In this regard, it is accepted that the responsibility for any demands, complaints and/or claims from customers and/or people to whom Bulk SMS and OTP SMS are sent belongs entirely to the Customer.
8. Bulk SMS and OTP SMS headers to be used by the Customer within the scope of the service subject to the commitment will be Numeric and/or Alphanumeric Heading. The customer cannot request an external Numeric and/or Alphanumeric Title.
9. OTP SMS messages will be sent by the client via API. Sent OTP SMS messages must contain only the code (123456). The system will define the appropriate text for the incoming OTP SMS code. If the content of the OTP SMS to be sent by the customer is not prepared in the format determined by UIPAPP, UIPAPP will not be responsible for the message not being sent. The specified OTP SMS format is specified externally in the API and TOKEN field.
10. The standard of OTP SMS texts to be sent by the customer is systematically determined and cannot be exceeded.
11. The Customer cannot use the format used for sending OTP SMSs subject to the Commitment outside the scope of this Commitment.
12. The Customer will not have any claim for compensation from UIPAPP if the SMS cannot be delivered to the Customers or is delivered late due to reasons such as the GSM line not being open, the phone settings not being suitable for receiving SMS, or problems that may occur in the transmission networks.
13. Provided that UIPAPP notifies in advance, UIPAPP has the right to temporarily suspend the service subject to this Agreement if necessary for the maintenance and repair works to be carried out on Bulk SMS and OTP SMS related systems and/or in cases beyond UIPAPP's control, the service may be suspended temporarily or temporarily. has the right to stop it permanently. If the service is interrupted in this way, the Customer cannot claim any compensation or remaining balance from UIPAPP.
14. UIPAPP has the right to stop Bulk SMS and OTP SMS Services and terminate the Agreement by notifying the Customer when deemed necessary.
15. In bulk SMS and OTP SMS sending, each country is obliged to comply with all applicable legislative provisions and/or to comply with the articles of the Electronic Communications Law and/or Article 95 of the Electronic Communications Law regulated by the 31st - 2019 amendment (Commercial Electronic message and Unsolicited Communication article) and/or I agree to carry out business and transactions in accordance with the scope of the said article, and also comply with the legislation and/or statutes and/or regulations and/or communiqués of all countries and/or the Electronic Communications Law and/or Article 95 of the Electronic Communications Law, regulated by the amendment of the Law No. 31-2019. The legal responsibility for all material and legal liability that may arise in case of non-compliance with the transaction belongs to the Customer. Any administrative fines and/or decisions and/or court decisions that may be imposed against UIPAPP are UIPAPP DIGITAL SERVICES LTD. The customer will be compensated within 1 month at the latest from the date on which I was notified and/or informed by. In such a case and/or in case of violation of the provisions of this undertaking, UIPAPP may have the right of recourse to each Customer.
16. Economic Sanctions and Trade Restrictions:
    Within the scope of this Commitment;
    (i) Without limitation; laws, regulations, embargoes, decisions, measures or restrictive measures regarding commercial and financial sanctions issued and/or implemented by the Republic of Turkey, the United Nations, the United Kingdom, the European Union and other relevant countries and international organizations and organizations ("Economic Sanctions"). or that we will comply with all laws and regulations regarding trade restrictions ("Trade Restrictions"),
    (ii) We will not take any deliberate action that may cause UIPAPP to violate the Economic Sanctions and Trade Restrictions,
    (iii) Where necessary, upon reasonable request, or that we will provide documents and information, including the destination and purpose of use of the services,
    (iv) We will immediately notify UIPAPP in writing of any actual or potential investigation/violation and/or concrete status changes on the following issues,
    a) Economic Situation changes regarding sanctions; i.e. being added to the Economic Sanctions/Trade Restrictions list in any of the relevant country/organization(s);
    (b) Changes in the situation regarding Trade Restrictions; e.g. Loss of licenses/authorizations within the scope of Economic Sanctions or Trade Restrictions; (v) In case of violation of the provision of this article, UIPAPP has the right to immediately terminate this Agreement unilaterally and without compensation, (vi) In case of any direct loss, UIP reserves the right to terminate the relevant provisions. 'APP has the right to demand compensation,
17. The validity period of this Commitment is valid indefinitely from the date of approval. If the Customer does not want to benefit from the service subject to this undertaking, he will request his account to be closed from the customer panel.
18. In case of any termination of this Agreement, UIPAPP has the right to send an invoice to the Customer for the remaining receivables. This right cannot be interpreted as stopping the termination of subscription and the termination of the Agreement.
19. The Customer's address written in this Commitment is the valid address for notification, and in case of a change of address, valid notifications to the addresses stated in this Commitment will have legal consequences, unless the Customer notifies UIPAPP via a support ticket.

The customer registers on the website, digitally, with his/her own phone number and e-mail address, and opens and confirms his account with the verification code sent to his phone and e-mail address. If the customer approves the "Bulk SMS / OTP SMS Commitment" on the digital environment, he/she starts using the service and accepts, declares and undertakes to act in accordance with the applicable legislation and the terms of the contract.

This undertaking has been read and accepted.