- ACCEPTANCE OF TERMS
The Application (“Velocity for Teams”) you’re about to use is developed and provided by PEAKUP Teknoloji Anonim Şirketi (“PEAKUP”). You may access Velocity for Teams via Suite platform and/or Velocity for Teams’s website link. The platform, website and any other features, tools, materials or other services offered from time to time in relation to the access points are collectively referred here as “Service”.
- CHANGES TO THE TERMS AND SERVICES
PEAKUP may make changes to the Terms from time to time, at PEAKUP’s sole discretion. When PEAKUP makes changes, it will make the updated Terms available on the Site and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the Service after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Service.
PEAKUP is constantly developing the Service to help provide the best possible experience. You acknowledge and agree that the form and nature of the Service, and any part of it, may change from time to time without prior notice to you, and that PEAKUP may add new features and change any part of the Service at any time without notice.
You represent and warrant that you are fully able and competent to accept and comply with these Terms, including all of the conditions, obligations, representations and warranties set forth herein. By accessing the Service or any part of it, you represent and warrant that you are of legal age in your jurisdiction as required to access and use the Service.
- ACCOUNT AND INFO SECURITY
When you set up an account on the Service, you will be asked to provide accurate and complete registration information, which may include providing a valid email address, as well as choosing applicable usernames and passwords (collectively, your “Account Info”). You understand that you are and will be fully responsible: (i) for the security of your Account Info, and (ii) for any activity that takes place on the Service using your Account Info, whether you knew about it or not. You agree to inform us immediately at [email protected]. if you become aware that your Account Info has been compromised or used without your permission. PEAKUP cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE AND ANY PART OF IT IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE, AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO SİGN&GOLICABLE LAW, PEAKUP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, THE EXTENSION, OR ANY EXTERNAL WEBSITES THAT YOU MAY ACCESS VIA THE SERVICE), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PEAKUP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, (III) THE SERVICE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICE WILL BE SECURE. YOU UNDERSTAND THAT PEAKUP MAKES NO REPRESENTATIONS CONCERNING ANY OF THE CONTENT THAT YOU MAY ACCESS VIA THE SERVICE, AND THAT PEAKUP WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED VIA THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT SİGN&GOLY TO YOU.
You agree to hold harmless and indemnify PEAKUP and its parents, subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your use of the Service, or any part of it, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Service or any part of it. PEAKUP reserves the right to assume exclusive defense, control, and settlement of any matter for which you are obliged to indemnify us under these Terms, and, in such case, you agree to cooperate with PEAKUP (at your own expense) in the defense and/or settlement of such matter, at PEAKUP’s request.
- LIMITATIONS OF LIABILITY
- YOU UNDERSTAND AND AGREE THAT PEAKUP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS, EVEN IF PEAKUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- YOU AGREE THAT PEAKUP’S TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
- YOU ACKNOWLEDGE AND AGREE THAT PEAKUP HAS MADE THE SERVICE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. PEAKUP WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT SİGN&GOLY TO YOU
- You acknowledge and agree that PEAKUP (or, as applicable, its licensors) owns all legal right, title and interest in and to all elements of the Service, and all intellectual property rights therein. You acknowledge that the Service, may be protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and other applicable laws. Except as expressly set forth herein, your use of the Service does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Service. PEAKUP reserves all rights in and to the Service not expressly granted to you in these Terms.
- You may choose to submit comments, bug reports, ideas or other feedback about the Service, including without limitation about how to improve the Service (collectively, “Feedback”). By submitting any Feedback, you agree that PEAKUP is free to use such Feedback at its discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant PEAKUP a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
- You agree that you are responsible for your own conduct while accessing or using the Service, and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content via the Service; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature via the Service; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the Service any content that infringes the intellectual proprietary rights of any party; (v) use the Service to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity; (vii) interfere with other users’ enjoyment of the Service; (viii) exploit the Service for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the Service; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Service or any part of it; (xi) reformat or frame any portion of the Service; (xii) display any content on the Service that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the Service for the purpose of creating a product or service that is competitive with any of PEAKUP’s products or services.
The Service may provide links to other World Wide Web or accessible sites, applications or resources. Because PEAKUP has no control over such sites, applications or resources, you acknowledge and agree that PEAKUP is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable to you or to any third party for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PEAKUP will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance upon any such contents, goods or services available on or through any such site or resource.
You may terminate these Terms at any time by canceling your account on the Service and discontinuing your access to and use of the Service. The Service is currently provided free of charge, so you will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that PEAKUP, in its sole discretion and for any reason or no reason, may terminate these Terms and suspend and/or terminate your account(s) on the Service. You agree that any suspension or termination of your account(s) and/or access to the Service may be without prior notice, and that PEAKUP will not be liable to you or to any third party for any such suspension or termination. If PEAKUP terminates these Terms or suspends or terminates your account(s) or access to or use of the Service due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies PEAKUP may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or by PEAKUP, you may no longer have access to information that you had posted on the Service or that is related to your account(s), and you acknowledge that PEAKUP will have no obligation to maintain any such information in its databases or to forward any such information to you or to any third party.
- GENERAL TERMS
These Terms constitute the entire legal agreement between you and PEAKUP, govern your access to and use of the Service, the Site, and the Extension, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Service, the Site, and the Extension, whether oral or written. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms create any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. PEAKUP may assign its rights and obligations under these Terms in its sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. PEAKUP’s failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision. These Terms will be governed by and construed in accordance with the laws of the province of Turkey and Turkey laws applicable therein, excluding its conflicts of law rules and principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or provincial courts located in Istanbul, Turkey and the parties irrevocably consent to exclusive personal jurisdiction and venue there. PEAKUP will not be liable for any failure or delayed performance of its obligations that result from any condition beyond its reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that PEAKUP may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the Service, the Site, or the Extension. By providing PEAKUP with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.