SERVICE AGREEMENT of ANKAREF İNOVASYON VE TEKNOLOJİ A.Ş. / ANKAREF INNOVATION AND TECHNOLOGY INC.
Welcome to Fonri WiFi Mobile Application.
Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt for the terms of the Agreement, please contact relevant business department of ANKAREF Innovation and Technology Inc. You are not allowed to use the service before you have read and accepted all terms of the Agreement, relevant agreements and rules, etc. Once you select "agree and submit the Agreement" and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, ANKAREF Innovation and Technology Inc. has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.
The Service Agreement (hereinafter referred to as "the Agreement") is signed by you and ANKAREF Innovation and Technology Inc (hereinafter referred to as “ANKAREF”). It includes (but is not limited to) ANKAREF’s Privacy Policy and other contents. In case of change, ANKAREF Innovation and Technology Inc. will announce by means of the licensed software sending a message without further notification. Upon announcement, the changed agreement and rules become a part to the Agreement automatically, without further notification to you for your consent. In case of objection to such relevant changes, stop use ANKAREF's service; if you keep using it, it will be deemed as that you hold no objections against the changed rules and agree to abide by them.
1. Definition of Terms
1.1. Licensed Software: refers to software system developed by ANKAREF, downloaded and installed and applied in specified system mobile terminals.
1.2. Services: Refer to services provided for you by ANKAREF and its suppliers. You can use such services on the mobile terminal with the licensed software.
2. Service
2.1. ANKAREF offers you intelligent life equipment management services, based on which you can access the intelligent terminals of ANKAREF and “Fonri WiFi” mobile application. Control and realize interlinkage among intelligent equipment. Service contents include intelligent equipment management, scene interlinkage and analysis report, etc. Such functions may be optimized or modified according to changes of users' demands or judgment of service supplier, and service supply may be suspended under ANKAREF’s unilateral discretion due to regular and/or irregular maintenance.
3. Scope of Service
3.1. ANKAREF grants you with the right to use its smart products with this software.
3.2. You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purpose. Due to limitations on software adaptation platform and terminals, you can only use the licensed software in the authorized system platform and terminal; if you install the licensed software on other terminal equipment, it may damage your hardware or software function.
3.3. You acknowledge that the licensed software can only be used for non-commercial purpose and installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from ANKAREF shall be obtained.
3.4. ANKAREF and its suppliers may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.
3.5. You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.
3.6. You shall properly keep your account number and password. In case of any safety loophole for your account (including but not limited to divulgence of user password), you shall notify ANKAREF promptly, and ANKAREF Innovation and Technology Inc. will assist you in taking relevant measures. Otherwise, all behaviors related to your account shall be assumed by you and you will bear all responsibilities.
4. Third Parties
4.1. You acknowledge that certain services of ANKAREF and its suppliers are based on software or services provided by a third party. Such service is set to facilitate your application and necessary legal authorization is obtained from the third party.
4.2. The product includes certain information and services of the third party. ANKAREF Innovation and Technology Inc. and its suppliers neither controls nor bears responsibility for information and services of the third party.
4.3. You acknowledge that ANKAREF and its suppliers cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Agreement.
5. Service Application Standard
5.1 You shall use the licensed software in a normal manner. The following ways are in breach of the application standard:
1) Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;
2) Collect information or data of other users without authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way, causing over load to the server, or interfere with or damage web server and network links in other forms.
4) Attempt to visit server data or communication data of the product without authorization;
5) Interfere with or damage the production application by other users.
5.2. By accepting this Agreement, you declare that you understand and agree that:
1) ANKAREF will determine whether or not you are involved in violation of standards above, and suspend or terminate your application license according to determination results or take other restrictions according to agreements.
2) ANKAREF will directly delete information in breach of laws, or infringing others' legal rights, or in breach of the Agreement issued by you when using the licensed software.
3) If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect and indemnify ANKAREF from losses or additional expenses generated therefrom. Otherwise, ANKAREF Innovation and Technology Inc. has the right to claim compensation.
4) If ANKAREF and its suppliers suffers from any loss due to your breach of relevant laws or the Agreement, you shall compensate ANKAREF and its suppliers for losses and (or) expenses generated therefrom.
5.3. Information Content Standard
You promise that you will not conduct any act in breach of laws or improper behaviors by using the service, such act and behavior include (but not limited to):z
5.3.1. Uploading, transferring or sharing information containing one of the following contents:
1) Opposing the basic principles determined in the Constitution;
2) Endangering state safety, disclosing state secret, subverting state power and sabotaging state unity.
3) Inciting racism, discrimination and inequality;
4) Spreading rumors, disturbing social order and destroying social stability;
5) Spreading obscenity, porn, gambling, violence, murder and terror or abetting a crime;
6) Insulting or slandering others and infringing on the legal rights and interests of others;
7) Containing contents of sham, defraudation, harm, threat, infringement to others' privacy, harassment, infringement, slander, coarseness, indecency, or morally repulsive contents;
8) Containing other contents restricted or forbidden by laws, regulations, rules, provisions and other legal standards currently in force.
6. Privacy Policy and Data
6.1. It is crucial for ANKAREF Innovation and Technology Inc. to protect your personal information. ANKAREF Innovation and Technology Inc. prepared ANKAREF Innovation and Technology Inc. Privacy Policy, in which contents related to collection, use, sharing, storage and protection, etc. of your information are disclosed. You are suggested to thoroughly read ANKAREF Innovation and Technology Inc.’s Privacy Policy.
7. Exception Clauses
7.1. Unless otherwise specified in laws and regulations currently in force, ANKAREF Innovation and Technology Inc. will do its best to ensure the security, validity, accuracy and reliability of the licensed software and technologies and information involved.
7.2. You understand that ANKAREF Innovation and Technology Inc. will not assume responsibility for direct and/or indirect losses caused by force majeure and default of a third party.
7.3. You shall be responsible for personnel injury or incidental or indirectly injury caused by or related to one of the following accidents: 1) A third party uses the licensed software or changes your data without permission; 2) Expenses and losses produced by using the licensed software; 3) Your misunderstanding of the licensed software; 4) Other losses related to licensed software caused by reasons not attributable to ANKAREF.
7.4. The services related to the smart products offered by ANKAREF, which are subject to this Agreement, are provided with the “Fonri WiFi” mobile application. It is prohibited to connect the smart products to any other software / derivative software not developed or released by ANKAREF to receive the services which are subject to this Agreement. Downloading, installing and using such software may cause unpredictable risks. ANKAREF shall be free from any damages, legal responsibilities and disputes generated therein and ANKAREF shall have the right to suspend and/or terminate the application license and/or other all services.
7.5. You have been informed of that the usage of ANKAREF and its supplier's smart platform involves in Internet service, which may be affected by unstable factors in all links. Although ANKAREF has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that ANKAREF is free from any responsibility when normal running of services is influenced by the occurrence of foregoing risks.
8. Agreement Termination and Breach of Agreement
8.1. You should understand that you shall use the licensed software according to authorized scope and according to the terms stated in this Agreement, respect intellectual property of software and contents contained in the software, and perform obligations according to the Agreement when using ANKAREF’s services. If you breach the terms of this agreement in any way, ANKAREF will terminate the application license without any need for notification, effective immediately, unilaterally and without giving any compensation.
8.2. Your use of the software relies on supporting services supplied by ANKAREF's related companies. Breach of terms, agreements, rules, annunciation and other relevant regulations of ANKAREF and its related companies may cause failure in normal usage of licensed software, in which case, ANKAREF shall be entitled to terminate the application license, or take measures to restrain your application license or other rights and interests controlled by ANKAREF as agreed in the Agreement, including suspension or termination of your application license.
8.3. In case of your breach of the Agreement or ANKAREF’s Privay Policy, ANKAREF and its suppliers shall have the right to notify the related companies, requiring them to take restrictive measures to your rights and interests, including requiring related companies to suspend or terminate supplying part or whole services for you, and legally announce your breach of agreement on websites run or actually controlled by them.
8.4. The licensed software is downloaded from the downloading platform and you shall abide by stipulations of the download platform, system platform and terminal manufacture on the application ways and restrictions of the licensed software. If the above mentioned third party confirms that you are in breach of the agreement and ANKAREF and its supplier's intervention is required, ANKAREF may terminate your application license at the third party's request.
8.5. When the application license terminates, you shall stop using the licensed software and destroy all copies.
8.6. You must bear all compensation responsibilities if ANKAREF and other users suffer from losses caused by your breach of terms in the Agreement.
9. Governing Laws and Severability
9.1. This Agreement is subject to the laws of the Republic of Turkey and shall be interpreted according to these laws.
9.2. The preferred method of solving disputes arising from or in connection with the Agreement is friendly negotiations between you and ANKAREF. Otherwise, the Courts and Enforcement Offices of Ankara are the authorized to solve these disputes.
9.3. When any term of the Agreement is judged to be invalid by the Courts of the Republic of Turkey, it will not influence the effectiveness of other terms or any part thereof, and you and ANKAREF Innovation and Technology Inc. shall perform the valid terms in good faith.
9.4. The Agreement is signed on 27/04/2021 and shall take effect on the same day.