2. PARTIES OF AGREEMENT
2.1. SambaPOS: Represents SambaPOS Software Inc., which licenses SambaPOS products, manages its services, mobile applications, websites and integrations.
2.2. Reseller: A fully independent company or person who provide support and installation service for SambaPOS licenses, products, services, mobile applications and websites.
2.3. Third Parties: Represents the softwares, applications, devices and services that integrated with some of the products of SambaPOS and is produced by independent companies.
2.4. User (Subscriber): Represents the company or person who use SambaPOS licensed products, services, mobile applications or website.
3. CONDITIONS, RIGHTS, COPYRIGHT AND TRADEMARK
3.1. The logo, content, data and codes used in SambaPOS products, services and mobile applications are all owned by SambaPOS. The SambaPOS brand is a registered trademark of SambaPOS. The brand, logo or code of SambaPOS products can not be changed, sold, rented or used under the name of different brands and products without the written consent of SambaPOS.
3.2. SambaPOS software and additional software that are linked to or integrated with SambaPOS products are made only by those that SambaPOS developes or allows. Products, services and mobile applications that SambaPOS allows to sell are only announced on SambaPOS websites and portals. Users and resellers with access permission and membership can access these products. No product that is not owned by SambaPOS but is produced by third parties and allegedly integrated with any product of SambaPOS is not under the responsibility of SambaPOS. The user and the reseller shall not hold SambaPOS liable for any damages arising out of the use of such products. If SambaPOS products become damaged due to the use of these products and become unable to provide the expected benefits, liability, damages are solely liable to the user or the reseller.
3.3. The user and reseller accepts SambaPOS products as “as is”. SambaPOS does not promise that its products are 100% flawless. Features of SambaPOS products, services, services, and mobile applications are announced on the product specification pages in the website. Apart from these features, the SambaPOS does not commit to offer the any feature to customer. SambaPOS offers license hosting services for its products. SambaPOS do not undertake to provide installation and support services for licensed products. Installation and support services are also regulated by contract.
3.4. The use of SambaPOS products only belongs to the company or person with the license record. Licenses can not be transferred to third parties. If it is understood that the SambaPOS products have been transferred and used by a third party other than the licensee, the reason for the license cancellation will be counted.
3.5. SambaPOS reserves the right to modify the prices, payment models and periods of its payments at the time of membership. The user and the vendor can use the product and the subscription that they have as a license until the end of the payment period.
3.6. The email and the information used to license the SambaPOS products must be the actual information of the end user. Resellers can not use their information for licensing instead of end user information. If it is found to be used, the license will be canceled or suspended. End users should report their actual information to SambaPOS if they detect such a situation.
3.7. Access passwords to SambaPOS products are sent via email to the user. The protection of this information is the responsibility of the user. The use permissions of SambaPOS products is determined by the licensee. SambaPOS is not responsible for any damages that may arise if this information is shared with unauthorized persons.
3.8. Some of the SambaPOS products have a high level of configurability. These configurations must be made by the user or reseller after licensing. If there is no agreement between the user and SambaPOS to make these configurations, SambaPOS will not provide these configurations according to the client’s requests and workflow. SambaPOS is not a part of the contractual arrangements, installation and support contracts and trade arranged between the user and the reseller.
3.9. Features of the hardware and operating systems that are capable of running SambaPOS products are provided in the relevant sections of the support documentation. Problems arising from the use of inadequate and incompatible devices and operating systems are not the responsibility of SambaPOS.
3.10. SambaPOS reserves the right to make changes to its products, services and mobile applications at any time. These changes may be intermediate versions, version updates or database changes, taking into account the benefit of the users. If the user does not comply, he may not claim these changes and continue to use the product as is. The mandatory changes to the operation of the system do not depend on the user’s request. The operating system, developing technological innovations, equipment or legal requirements may need to be modified. In this case the user has to use the updated product, service and mobile application, not the existing ones.
3.11. The user and the reseller agree to use SambaPOS products in accordance with the laws of their countries. All liability arising from non-conforming uses belongs to the user and the reseller.
3.12. SambaPOS products do not contain any user data in the initial setup. All the data stored in the products database is entered and saved by the user. For this reason only the user is responsible for the content and accuracy of the information entered. The user can optionally save the backup of the database to external media. It is only the user’s own responsibility for the safety of the data.
3.13. The user is responsible for preparing the necessary infrastructure for the operation of SambaPOS products. The user is only responsible for any problems caused by insufficient internet, operating system, network, cabling and electricity infrastructure.
3.14. Some of the SambaPOS products may be licensed on a lifetime basis, some with monthly payments, some with annual payments, some with user and device based licenses. Carefully read the description of the product you are buying and note the pricing features. Products that have expired licenses may be temporarily disabled or permanently revoked to disable access to products. The licensing and payment responsibility of the products belongs to the user. SambaPOS shall not be held liable for any damages arising from the use and accessibility of the products due to the end of their license.
3.16. SambaPOS may make changes in the pricing of its products and memberships according to the characteristics of the countries and the laws of the countries. The characteristics of the products offered with the same brand and name may vary according to this situation. The user and the reseller accept the product offered to him as if it were present and as it is.
3.17. Some of the SambaPOS products can be offered through internet service providers, third party services and servers in the integration structure. With this integration, products offered through providers, services, and servers can sometimes be interrupted for certain or unspecified reasons that are not connected to SambaPOS. SambaPOS is not responsible for any damages incurred by this situation. SambaPOS is committed to making the most of the arrangements and repairs required to operate these products as soon as possible.
3.18. Trial versions of SambaPOS products are offered to users and vendors. Before licensing, products may be tested for a period determined by the user and the vendor. After the user and the seller make the decision to pay and got license, refund is not possible if the payment has been made.
4.2. The use of SambaPOS products requires the name, surname, company name, tax number, tax office, address, telephone, and e-mail information of the users and resellers. This information is required to activate user and reseller accounts. Users and resellers agree that SambaPOS is permitted by applicable law to use this information.
4.3. Users and reseller may cancel their membership in SambaPOS products at any time and request that their information be deleted from the records. In order to perform the deletion, it is sufficient to send an e-mail request to [email protected] with the registered e-mail address. When this process is executed, all user and reseller information related to the products will be deleted, so the user and the seller’s rights to use the product and license will be terminated. The user and the reseller know and accept the results of this process.
4.4. Because the user and resellers use SambaPOS products as a means of trade, any information used in products may be commercial information. Users and resellers give permisson to SambaPOS for using of this information in the development, marketing activities and the business development, processing and reporting according to the scope of Turkey’s Republic of relevant laws.
4.5. Any information obtained as a result of the use of SambaPOS products will result in damage to the user and the vendor, prevent competition, create unfair revenues, and can not be used for the purpose of creating a discrepancy.
5.1. SambaPOS may make improvements and changes in its products due to legal or technological innovations. Depending on this or in full accordance with the requirements can make changes in the conditions of use.
5.3. SambaPOS is a company which operates depending on the laws of Republic of Turkey. On Legal disputes, the laws of the Republic of Turkey shall apply. Istanbul Courts are accepted as legal responsible.