KİŞİAL EĞİTİM – Yüreğir Tax Office – 5630627114 (hereinafter referred to as the Licensor)
Akıncılar Mah. 3971 Sok. N:10 Yüreğir/ADANA
Data Processing Hosting and Related Activities
Education Support Activities and Consultancy
The User benefiting under the conditions specified in this agreement
Has entered into this agreement between them, under the terms and conditions determined by the parties below.
ARTICLE 2: DEFINITIONS
Licensor, KİŞİAL EĞİTİM which provides the Licensee with the right to use the program subject to this agreement within the scope of this agreement,
Licensee, the user who receives the right of use provided by the Licensor within the scope of this agreement,
Parties, the Licensor and the Licensee
FxMatik, the program subject to this agreement,
Agreement means this license agreement.
ARTICLE 3: SUBJECT AND SCOPE
The subject of this agreement is the granting to the Licensee, within the limits determined in this agreement, as a limited-term and simple license, of the right to use the program named FxMatik, created by the Licensor and all usage rights of which belong to the Licensor. The Licensor shall have the right to make unilateral changes to the agreement, where deemed necessary, without prejudice to the rights of the Licensee arising from this agreement.
The right of use granted to the Licensee by the Licensor is not exclusive in nature. The right of use granted to the Licensee within the scope of this agreement as a simple license cannot be transferred to third parties by the Licensee, cannot be made available for the use of third parties even temporarily, the rights within the scope of the agreement cannot be transferred by the Licensee and sub-licenses cannot be granted.
ARTICLE 4: FINANCIAL CONDITIONS
The amount to be paid by the Licensee to the Licensor in return for the 3-month right of use of FxMatik, the program subject to this agreement, is a total of 14.500 TL including VAT, and the amount to be paid by the Licensee to the Licensor in return for the 6-month right of use is a total of 26.375 TL including VAT.
The Licensee has irrevocably accepted and undertaken that the total amount to be paid to the Licensor in return for the right to use FxMatik will be collected on the contract approval date and in a single payment, by charging the credit card specified by the user.
In return for the payments to be made by the Licensee, the e-invoices to be issued by the Licensor will be sent to the e-mail address notified by the Licensee within the scope of this agreement.
ARTICLE 5: RIGHTS AND OBLIGATIONS OF THE PARTIES
The Licensor, together with this agreement, accepts and undertakes to grant the Licensee the right to use the software named FxMatik mentioned in Article 3.a, without the authority to grant sub-licenses.
The Licensee accepts and undertakes that it will not transfer the right of use provided to it by the Licensor to third parties, will not provide any use other than its own personal use, and will not share any information and documents regarding the program, whether on social media platforms or other channels. If it is determined that FxMatik is used beyond the limits set in the agreement, the Licensor shall have the right to cancel all user names and passwords.
ARTICLE 6: DURATION AND TERMINATION OF THE AGREEMENT
This agreement covers the period from the date the Licensee creates his/her membership until 3 months later according to the 3-month right of use, and 6 months later according to the 6-month right of use.
Unless either party notifies the other party in writing of its intention to terminate the agreement at the latest 1 (one) month before the expiry date of this agreement, the agreement shall continue to be valid under the same terms and conditions for the next 3 (three)-month period if the Licensee benefited from 3-month use, or for the next 6 (six)-month period if the Licensee benefited from 6-month use, and this article shall apply for each period in which the termination right is not exercised.
The exercise of the termination right in writing is a form requirement; notifications made otherwise shall not be valid. Written notifications must be made to the e-mail addresses of the parties determined by this agreement.
The Licensor shall have the right and authority to retroactively eliminate the agreement with a written notification in case the payments subject to the agreement are not made by the Licensee or the terms of the agreement are violated.
ARTICLE 7: PROTECTION OF PERSONAL DATA
Without prejudice to the other provisions of this agreement, the parties undertake to always comply with the legislation on the processing of personal data, the prepared disclosure text, the personal data protection policy and other texts in the execution of this agreement.
The Licensor, as the data controller, shall have the right to process the personal data notified to it by the Licensee, in accordance with the data processing conditions and by providing the maximum security conditions, within the framework of Law No. 6698 on the Protection of Personal Data.
The Licensor accepts and undertakes that it will not share the personal data notified to it with third parties without the explicit consent of the Licensor, that it will take all measures regarding any damage or disclosure, and that it will destroy the data within the legal period when the conditions requiring the processing or storage of the data disappear.
ARTICLE 8: CONFIDENTIALITY AND MISCELLANEOUS PROVISIONS
The Licensee does not have the right, in any way and for any reason, to copy, modify, compile, access the source code of the software, or create derivative works of FxMatik, the right of use of which was granted to it by the Licensor. Any modification of the platform-related browser and content is prohibited, and in case of such modification and violation of the terms of the agreement, the Licensor shall have the right to terminate this agreement and to demand the payment of a penalty clause of 500,000.00 (five hundred thousand) TL. The parties have mutually accepted and undertaken these matters.
All written and verbal correspondence and information learned by the parties from each other and from third parties during, before or after this agreement, related to this agreement or the transactions and uses within the scope of this agreement, or in other matters, related to the parties, the business, the customers and all activities, shall be deemed to have been disclosed under the condition of confidentiality. The parties shall not show less than the degree of care in taking appropriate security measures against unauthorized disclosure, copying and use of the other party's confidential information. This information shall not be used for any reason and shall not be made available for use by third parties. In the contrary cases, the parties accept and undertake to compensate all damages that the other party may suffer for this reason.
The Licensor, with the right of use it will provide to the Licensee under this agreement, does not make any commitments whatsoever such as making a profit, making investments and the like. All analyses, studies and reports made within the scope of FxMatik are theoretical studies and do not constitute investment advice in any way and do not aim to direct the Licensee in financial markets. The association and evaluation of the analyses and reports made within the scope of FxMatik with the financial markets is entirely at the Licensee's own discretion and is not the responsibility of the Licensee. The parties have mutually agreed on this matter.
In the implementation of this agreement, the laws of the Republic of Turkey, primarily Law No. 5846 on Intellectual and Artistic Works and Law No. 6769 on Industrial Property, shall apply, and Istanbul courts and enforcement offices shall be authorized in the resolution of disputes arising within the scope of the agreement.
ARTICLE 9: RIGHT OF WITHDRAWAL (REFUND CONDITIONS)
General Rule – 14 Days:
The Licensee has the right to withdraw within 14 (fourteen) days from the date the contract is concluded in distance sales, without giving any reason and without paying a penalty.
Digital Content and Software Exception:
Pursuant to Article 15 of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts; the right of withdrawal cannot be exercised in the following cases:
Downloading of the digital software,
Providing access to the software,
Activation of the user account,
Actual commencement of use of the software,
Immediate performance of the subscription or service with the Licensee's approval.
The Licensee accepts, declares and undertakes that, at the time of purchase,
“I accept that I will be provided with immediate access to the digital content and that I will lose my right of withdrawal.”
confirmation has been given.
ARTICLE 10: REFUND CONDITIONS REGARDING SUBSCRIPTION AND SERVICES
The right of withdrawal can be exercised before the subscription starts.
After the subscription starts, no refund will be made for the period used.
Partial refunds are not made for sales made within the scope of campaigns, discounts or promotions.
ARTICLE 11: METHOD OF EXERCISING THE RIGHT OF WITHDRAWAL AND REFUND PROCESS
The right of withdrawal can be exercised by the Licensee through a written notification. The notification shall be made through the following communication channel:
E-mail: iletisim@fxmatik.com.tr
Following the receipt of the withdrawal notification by the Licensor, if the refund conditions are met, the relevant amount will be refunded to the Licensee within no more than 14 (fourteen) days.
Refunds are made using the payment method used for the payment. The Licensor is not responsible for delays arising from banks and payment institutions.
ARTICLE 12: LIMITATION OF LIABILITY
FxMatik does not provide investment advisory services in any way. All data, analyses and reports provided within the scope of the software are for informational purposes only.
Transactions made in forex and derivative markets involve high risk, and the Licensee accepts that all results arising from all transactions are entirely at his/her own responsibility.
The Licensor cannot be held responsible for the results obtained through FxMatik, whether direct or indirect damages.