1. Parties
This Terms of Service ("Agreement") is entered into between the parties listed below:
- Provider (Vizayn Yazılım): The owner, developer and publisher of the QRMenu digital menu system ("System" or "Software").
- Customer (Company/User): The company and/or branch registered to use the QRMenu system, and representatives acting on behalf of such company and branches.
The parties hereby accept and declare the following provisions.
2. Subject and Scope of the Agreement
The subject of this Agreement is the regulation of the terms, rights and obligations, liabilities, and billing and termination conditions regarding the Customer's use of the QRMenu digital menu system owned by the Provider.
This Agreement applies during the Customer's registration, system setup, activation and use. The Customer is deemed to have read, understood and accepted the provisions of this Agreement upon registering and starting to use the system.
3. Scope of Service and Pricing
- The Customer may use the Software under the free package determined by the Provider; no setup, publishing or subscription fee is charged for free packages.
- The Provider reserves the right to determine paid packages and their terms at any time.
4. Liability
- The Provider is not liable for any damage, loss, loss of revenue or claims and damages that may arise against third parties resulting from the use of the Software in free packages.
- In free packages, all responsibility belongs to the Customer company and its branches.
- The Provider is only obliged to make reasonable efforts to keep the system running as uninterrupted and secure as possible and to resolve system errors.
- The Customer is solely responsible for the accuracy and legality of all content, menu information, prices, images and other data shared through the Software.
5. System and Server Interruptions
- The Provider cannot be held liable for damages arising from internet outages, server outages, maintenance work, and force majeure such as natural disasters, cyberattacks or third-party actions.
6. Data Usage and Billing
- If reasonable data usage limits set for free subscriptions are exceeded, the Provider may issue an invoice based on data usage statistics kept on the system.
- Subscriptions that do not pay their invoice under the specified conditions may be terminated unilaterally; the Customer's access to the system and its data may be restricted or removed.
7. Customer's Statements and Undertakings
The Customer declares, accepts and undertakes that the information provided is correct and up to date; that it will use the Software only for lawful purposes; that it will not compromise the security of the system; and that it will respect the intellectual property rights of the Software.
8. Intellectual Property
All source codes, interfaces, brands, logos and designs related to the Software belong to Vizayn Yazılım. The Customer is granted only the right to use the system; the Customer may not copy, modify, reverse engineer, resell or transfer the Software to third parties.
9. Termination of the Agreement
- The Provider reserves the right to terminate a free-package subscription without providing any justification.
- Termination of the Agreement does not affect the rights and obligations of the parties accrued during the term of the Agreement.
10. Dispute Resolution
In disputes arising from this Agreement, the laws of the Republic of Turkey shall apply; if mediation fails, the competent courts shall be the courts of the Republic of Turkey.
11. Amendments
The Provider has the right to update this Agreement at any time. The updated Agreement takes effect from the date it is published on the System.
12. Effectiveness and Acceptance
This Agreement takes effect and binds the parties upon the Customer registering on the system, starting to use it, or electronically approving this Agreement.