Site User Agreement

Update Date: 27.12.2023

1. SIDES

This Site Usage Agreement ( Agreement ), Altunizade Mahallesi Kısıklı Caddesi No:4 (1.Blok) Floor:3 İç Kapı No:9 Üsküdar / İSTANBUL Tapandsign technologies yazılım A.Ş.. operating at. ( Tap and Sign ) and the User. In this Agreement, the User and Tap and Sign will be referred to individually as the “ Party ” and collectively as the “ Parties ”.

• DEFINITIONS

2D Signature; Upon Member and Member sending the Document.The signing method in which the Buyer signs the Document in a two-dimensional manner through the device from which he accesses the Site via the Site,

Recipient(s); The real or legal person to whom the Document is sent for signing using the method determined by the Member among Biometric Signature, Mobile Signature, E-signature or 2D Signature methods,

Biometric Signature; The signing method in which the Member and the Recipient will sign the Document using biometric data such as fingerprints and retina prints upon sending the Document,

Document; Any document in electronic form that the Member sends to the Buyer for signature and that the Buyer can sign via the Site using the signature method determined by the Member,

E-signature; The signing method in which the Member or Buyer signs the Document by connecting the electronic signature tool, which belongs to the Member or the Buyer and has no connection with Tap and Sign, to their computer, phone, tablet or similar device and enters the electronic signature password (E-signature, as defined within the scope of this Agreement). It is understood that it is separate from the definition of “electronic signature” within the scope of the Electronic Signature Law No. 5070 and does not have the characteristics of “secure electronic signature” in this context).

Bill; The user account created by Tap and Sign for the Member or Authorized Person and which contains the information of these persons,

Services); All services specified in the service agreement concluded between the Member and Tap and Sign and on the Site ,

Signing Method; Biometric Signature, Mobile Signature, E-signature and 2D Signature, one or all of the signing methods that the Member will choose within the Account in order to have the Document signed by the Member and the Recipient during each Document sending process,

User; Buyer, Member and Visitor,

Mobile Signature; The signing method in which the Member or Recipient signs the Document via a convenient application and password on their mobile device via SIM card and/or another method,

Site; The website owned by Tap and Sign under https://www.tapandsign.com/ or another domain name determined by Tap and Sign,

Template; Draft document formats available on the Site, in which the Member can create a document by adding the necessary and/or desired information,

Member; The person who benefits from the Services by becoming a member of the Site,

Authorized person; Each user who is authorized by the Member and notified to Tap and Sign or allowed to be authorized by the Member to act on behalf of the Member and benefit from the Services,

Visitor; The person who uses the Site without registering as a member,

will express.

• SUBJECT AND PURPOSE

• The subject of the Agreement is to determine the terms and conditions of the Services to be provided to the Users during their use of the Site and to determine the rights and obligations of the Parties.

• The Privacy Policy and Personal Data Text, Cookie Policy, other agreements, all policies and rules included in the Site and approved by the relevant Members are an annex and an integral part of this Agreement. By using the Site, Users agree that they fully understand this Agreement and its annexes and approve all its provisions. Users who do not accept this Agreement should not use the Site and Services.

Separate agreements will be concluded between Tap and Sign and the Member regarding the Services offered on the Site, specifically for the Services offered on the Site. These service agreements are separate from this Agreement; This Agreement does not govern the details of the Services. Tap and Sign serves not only commercial users on the Site; It also aims to provide services to people who are considered consumers within the scope of the Law on Consumer Protection. However, in cases where the User is not considered a consumer within the scope of the relevant legislation, the User cannot benefit from the rights included in this Agreement and granted to consumers within the scope of the relevant legislation. In these cases, the relevant provisions of the Turkish Code of Obligations and the Turkish Commercial Code and other legislation will apply.

• RIGHTS AND LIABILITIES OF THE PARTIES

• The purpose of the Services offered by Tap and Sign is to enable Users to use the online platform, which enables the Document transmitted by the Member to the Buyer to be signed with the appropriate Signing Method and recorded and stored on the Site. Tap and Sign will only mediate the signature processes between the Member and the Buyer and is not an electronic signature certificate provider within the scope of the Electronic Signature Law, a party to the relevant Document, or the responsible, guarantor or undertaker of any business or transaction to be carried out through the Site.

• The Member can send Documents to the Recipients, whose name, surname, e-mail address and telephone number will be shared with Tap and Sign through the Site, and have the Recipient sign these Documents with the digital signing tools available on the Site. In this context, the Buyer can sign the Document on the Site using the signature methods determined by the Member and enabled by the technical infrastructure of the Site, especially the Signing Methods.

• The Member can create the Document using the Template or directly on the Site, upload the Document from his own device or use various cloud storage areas enabled by the technical infrastructure of the Site. Tap and Sign reserves the right to terminate integration with cloud storage areas integrated with the Site, initiate new integrations and change existing integrations at any time and without prior notice.

• When the Member creates a Document or uploads the Document to the Site, Tap and Sign creates a code that is specific to the Document and identifies the relevant Document on the Site, which serves the purpose of enabling the Member and Buyer to manage the Document on the Site, and this code is shared with the Member. It is shared through the Site or by any method Tap and Sign chooses by creating a Document or uploading the Document to the Site and transmitting the Document to the Recipient.

• After the Member selects the Recipient/s who will sign the Document and the signing method on the Site, the Recipient/s are informed via e-mail or SMS through the information shared by the Member on the Site and they are sent to the Site to sign the Document. A link providing access is forwarded. The Buyer accesses the Site through this link and signs the Document with the Signing Method chosen by the Member.

• After the Document is signed by the Buyer and the signature of the Parties is completed, the signed Document is transmitted to the Member by Tap and Sign, in accordance with the selected Signing Method, through the technical infrastructure of Tap and Sign and/or third parties. All Documents signed through the Site; It is encrypted and transferred to the system along with time stamp, location information and signatory certificate. Tap and Sign endeavors to take all necessary measures to prevent the Document from being changed and the Member and Buyer signatures contained in the Document from being copied.

• The Member and the Buyer will be able to save the signed Document to any electronic medium they wish via the Site. After the Signed Document is recorded by the Member and the Recipient, the relevant Document is not stored on the site in any way accessible by Tap and Sign. With this; The code generated by Tap and Sign for the Document is stored so that the Document can be verified on the Site.

• Tap and Sign is not in any way a party to the Document signed via the Site and with the Signing Method, and ensures and controls the accuracy, up-to-dateness and validity of the information contained in the Document, including the Template, the information belonging to the Receiver, and the signatures contained in the Document. It is the responsibility of the Member and the Buyer to Tap and Sign may check the signature on the Document at any time using the Recipient information shared by the Member. However, this provision does not mean that Tap and Sign has an obligation to check signatures. For this reason, Tap and Sign cannot be accepted as the addressee in matters such as the incompleteness of the Document, its error, the invalidity of the Document and/or signatures, any violation of the rights and obligations contained in the Document, or incomplete and/or defective performance, and Tap and Sign No request can be made to , under any name or name.

• The Authorized Person is obliged to comply with all agreements, texts and policies concluded by the Member through the Site; All regulations regarding the Member also apply to the Authorized Person to the extent appropriate. All transactions carried out by the Authorized Person on the Site are the responsibility of the Member, and the Member shall pay immediately, in cash and in lump sum, upon the first request, any damages suffered by Tap and Sign due to any violation of the Authorized Person, especially this Agreement.

• Member registration and Authorized Person registration created by registering to the Site are personal. For registration, the Member must provide reliable and sufficient information about himself and the Authorized Person in response to the questions asked in the registration form and keep this information constantly updated. All liability arising from incorrect information belongs to the Member. No claims can be made to Tap and Sign due to the fact that the information shared by the Member during registration is incomplete, incorrect or out of date, and Tap and Sign cannot be held responsible.

• Real person Users accept, declare and undertake that they have reached the age of majority and are not restricted in accordance with the laws of the Republic of Turkey, that legal person Users are duly established and operate, and that they have the right and authority to conclude this Agreement. Minors and/or restricted persons, and persons who are not authorized to represent and bind the legal entity members, cannot benefit from the rights and powers provided by being a User, even if they have completed the registration process and/or are using the Site or Services. Contrary requests and actions are not the responsibility of Tap and Sign. The membership of a Member who is under the age of 18 or who is found to have inconsistencies in the information provided will be cancelled. Tap and Sign has no liability for any misrepresentation made by the User. Tap and Sign reserves the right to request the legal entity’s trade registry records or other non-confidential official company documents. Tap and Sign reserves the right to exclude the User from using the Site if it determines the contrary of the matters contained in this provision.

• Users are entirely responsible for the security, storage, keeping away from third party information and use of the system access tools used to benefit from the Services offered through the Site, especially the username and password, the Signing Method and the tools used in the Signing Method. The member is obliged to protect his/her own user and account information and not to share it with third parties. Any damages and losses that may arise from the User’s failure to maintain the confidentiality of his/her account information, the security of the system access tools, the Signing Method and the tools used in the Signing Method, their storage, keeping them away from third party information, and any claims that may arise from third parties. is the sole responsibility of the User and Tap and Sign does not accept any liability therefore. The User shall be aware of any situation of which the User is aware or reasonably expected to be aware and where unauthorized access is made to the Site and/or Services using the Account without his/her permission and/or any situation regarding the confidentiality of the account access routes, the Signing Method and the tools used in the Signing Method. is obliged to immediately notify Tap and Sign of any such violation or suspected violation. Tap and Sign is not responsible for any damage or loss, especially data loss, invalidity of the Document and/or signatures, or data corruption that may occur as a result of violation of this article of the Agreement by the User.

• Tap and Sign has the right to unilaterally reject the User’s applications to become a member of and use the Site without giving any reason. While visiting, registering and using the Site, Users; It accepts, declares and undertakes that it will not take actions that are against the law or morality or that are likely to harm the use of the Services, including, but not limited to, the following: Tap and Sign has no liability for damages arising from a violation within the scope of this article.

• Violating the provisions of this Agreement and other agreements to be concluded through the Site,
• Acting contrary to the applicable legislation and regulations regarding internet use,
• Providing incomplete, inaccurate and misleading information during registration/membership on the Site,
• Not providing current and accurate information about oneself, using information belonging to another person obtained illegally,
• Obtaining or attempting to obtain Users’ information unlawfully,
• Creating multiple accounts with information and/or documents (real or fictitious) that do not belong to oneself and/or using the Site to mislead Tap and Sign and Users about one’s identity by changing/hiding the IP address or by other means,
• Changing, using or trying to change and use the information published by Tap and Sign in an unlawful manner,
• Violating the personal and intellectual property rights of Tap and Sign and/or a third party,
• Upload, share, publish any content that is unlawful, obscene, violates the privacy of others, pornographic, contains or depicts nudity,
• Taking actions that damage the reputation of Tap and Sign and/or a third party or hinder the activities of Tap and Sign,
• Transmitting information that is unlawful to transmit and/or sharing harmful data such as chain mail or software viruses,
• Sharing or signing illegal and/or immoral documents that violate the rights of third parties, constitute unfair competition, including, but not limited to,
• Engaging in behavior and activities that will negatively affect/obstruct the operation of the Site, engage in behavior that will manipulate the operation of the Site, hinder security systems, and
• Making the Site unusable or attempting to do so by preparing automatic programs.

• If the User acts contrary to its obligations specified in this Agreement or if it is determined that an illegal or immoral activity has been carried out, Tap and Sign may terminate this Agreement without notice or compensation, suspend and/or terminate access to the Account temporarily or indefinitely, has the right to temporarily or permanently prevent ‘s use of the Site and Services. In addition, Tap and Sign reserves the right to take legal and criminal action.

• Tap and Sign may terminate this Agreement and/or the Services at any time, without giving any reason or notice, without any obligation to pay compensation, regardless of the User’s contrary actions, and with immediate effect, and prevent the User from visiting the Site, Membership. It may restrict ‘s use of the Site and Services or terminate its use of the Services. Tap and Sign may temporarily suspend or completely stop the operation of the Site at any time, without giving any reason. Tap and Sign will not have any liability for temporary suspension or complete termination of the use of the Site.

• Tap and Sign reserves the right to unilaterally change the advertising campaigns and contents offered on the Site at any time, to block the access of third parties, including the Visitor, and to permanently delete the Document, information and content uploaded by the Member. Tap and Sign may exercise these rights without prior notice or warning.

• For ease of reference or for various reasons, links may be provided and/or redirection may be made in the Site to certain websites or contents that are not under the control of Tap and Sign. The guidance made by Tap and Sign does not support the website or content owner in question, nor does it constitute any representation or warranty regarding the information contained in the website or content. Tap and Sign, although the contents of third party websites and websites are not limited to those listed here; is legal, accurate, reliable, timely and appropriate, the information, data, software, campaigns or services used in its content are commercially available, the operation and administration of the website will be error-free and uninterrupted, faults, defects and disorders will be corrected, the website will be free from damaging elements and It does not make any suggestions or recommendations that it is free from viruses and does not give any trust, declaration or guarantee to the User in these matters. Tap and Sign has no responsibility for the portals, websites, files and contents accessed through the links on the site, the services or campaigns offered or their content.

• Tap and Sign makes no guarantee that the Services offered through the Site will always be active and accessible, and does not accept any liability for any disruptions in the Services offered through the Site for any reason. Tap and Sign may unilaterally and without any notice offer new Services through the Site, stop providing the Services, change them partially or completely, and make the Services chargeable.

• The Member or Authorized Person may close the Account at any time by following the instructions found in the Account profile. Closing the Account will not stop ongoing transactions related to the Account and the Member to whom the Account is linked, nor will it terminate the Member’s pre-existing obligations towards Tap and Sign or other Members.

• PROTECTION OF PERSONAL DATA

• accept and declare that they will act in accordance with the Personal Data Protection Law No. 6698 ( KVKK ) and secondary regulations regarding the fulfillment of their obligations arising from the Agreement, without being limited to the duration of this Agreement .

• The Member acknowledges that he/she is obliged to provide the necessary information to the Recipients he/she will register for the purpose of using the Site regarding their personal data processed within the scope of the Platform and to obtain their explicit consent if necessary within the scope of the relevant legislation; In this context, Tap and Sign accepts, declares and undertakes that the Buyers have been informed within the necessary limits and their express consent has been obtained in order for Tap and Sign to provide the services within the scope of this Agreement. Tap and Sign cannot be held responsible for the incomplete use and/or inability to use the services within the scope of this Agreement due to the User’s failure to fulfill its obligations regarding personal data.

• Other regulations regarding personal data are regulated in the Personal Data Transfer Protocol concluded between the Member and Tap and Sign, and the Privacy Policy and Personal Data Text located at https://tapandsign.com/tr/gizliği-politikasi/ . If there is a conflict between this Agreement and other texts listed in this article regarding the processing of personal data, the provisions in the other texts will apply first.

• INTELLECTUAL PROPERTY RIGHTS

• Tap and Sign grants Users a right to use the Site’s user and program interfaces and software, limited to the provision of Services, non-exclusive, non-transferable and non-sublicensable unless otherwise agreed, valid throughout the world for the duration of the Agreement, limited only to the authorizations of the end user. ( Licence ).

• The User accepts and undertakes that he/she is aware that Tap and Sign is the owner of all intellectual and industrial rights regarding the Site, and that he/she will clearly inform his/her employees/representatives/consultants about this, and in any case, will clearly state this in his/her relations with third parties. Any article of this Agreement cannot be interpreted as transferring to the User the intellectual property rights belonging to Tap and Sign on the Site or the information and documents related to it and any other rights related thereto.

• The User cannot use the Site for other commercial activities or for any reason other than the situations and purposes specified in the Agreement and other texts concluded between the Parties. The User cannot remove or change any markings, logos or notices on the Site indicating that the Site belongs to Tap and Sign, and cannot add Tap and Sign’s logo, name, trade name or brand on any product without the written consent of Tap and Sign, cannot carry out any commercial business/transaction subject to intellectual or industrial property.

• The User cannot perform activities that are not regulated in this Agreement, such as distributing, reproducing, copying, processing, lending or providing subscription services to the Site, and cannot allow third parties to perform these activities.

• The User cannot perform any act or process that violates the intellectual or industrial rights of Tap and Sign and/or the Site, such as accessing the source codes of the Site in any way, copying, reverse engineering, accessing versions of the Site prior to its final version, or cannot allow third parties to perform these activities.

• OTHER PROVISIONS

• Tap and Sign may change this Agreement and its annexes at any time, at its option, unilaterally by any means by publishing it on the Site and/or by informing the Member through the Member’s contact information on the Site. The parties accept, declare and undertake that the changes will be valid on the date they are published and/or notified. The user is responsible for following these changes and updates; It is assumed that the User accepts these changes by publishing and/or notifying the changes and continuing to use the Site.

• The User may not assign this Agreement, its annexes, or its rights and obligations under this Agreement, in whole or in part, to any third party without the prior written consent of Tap and Sign.

• Within the scope of this Agreement, including but not limited to force majeure, natural disaster, riot, war, strike, epidemic, cyber attack, internet outages, computer viruses, attacks on the Site despite Tap and Sign taking the necessary information security measures, Tap and Sign It will be interpreted as unforeseen events that develop beyond the control of Tap and Sign and which Tap and Sign cannot prevent despite exercising due care. In case of force majeure, Tap and Sign cannot be held responsible for late or incomplete performance or non-performance of any of its acts specified in this Agreement. If the force majeure situation lasts longer than 30 (thirty) days, Tap and Sign may terminate this Agreement unilaterally without any obligation to pay compensation.

• This Agreement is subject to the laws of the Republic of Turkey and Istanbul Anatolian Courts and Enforcement Offices are authorized to resolve any disputes arising from this Agreement.

• The User acknowledges that in case of disputes that may arise from this Agreement, the electronic and system records, commercial records, book records, microfilm, microfiche and computer records kept by Tap and Sign in its database and servers for the Site will constitute conclusive and exclusive evidence and that this article shall constitute definitive and exclusive evidence, pursuant to Article 193 of the Code of Civil Procedure. It accepts, declares and undertakes that it is in the nature of an evidentiary contract.

• The Member declares and accepts that the address he/she added when registering to the Site is the notification address in accordance with the Notification Law. If the Member does not notify Tap and Sign of the address change within 3 (three) business days, notifications made to the address known to Tap and Sign will be deemed legally valid.

• Authorized E-Mail Address: Within the scope of this Agreement, Article 18/3 of the Turkish Commercial Code. In cases where no notification is required within the meaning of the article, other notifications and warnings regarding the Agreement will be sent to the e-mail address entered by the Member when registering to the Site and to which the Account is linked. Any notifications and warnings to be made by the User to Tap and Sign will be sent to Tap and Sign via e-mail address [email protected] Tap and Sign may send notifications and warnings to the User from any of the tapandsign.com e-mail addresses.

• This Agreement comes into force as of the moment of electronic confirmation, and each User who accesses and/or becomes a member of the Site will be bound by the provisions of this Agreement indefinitely.

• This Agreement, which includes all such matters agreed between the Parties, replaces all written and oral arrangements previously concluded between the Parties.

• COMMERCIAL ELECTRONIC MESSAGE

By approving this Agreement, the Member; by Tap and Sign; Presenting general and special campaigns, advantages, promotions, product and service introductions, advertising, market research surveys, success stories, research and other customer satisfaction practices carried out by Tap and Sign using the e-mail address and phone number included in the membership information or through the Site, these Detailed information, including information about; promotion; offer; expressly consents to being sent commercial electronic messages containing discount and promotional information and to being contacted for the purposes specified in this Agreement and other texts . Member, owned by Tap and Sign You can always use the opportunity to refuse to receive commercial electronic messages, free of charge, by contacting Tap and Sign via the e-mail address [email protected]

The fact that you have exercised your right to refuse does not prevent the notifications that must be sent to you in accordance with the relevant legislation to which Tap and Sign is subject.