Terms of Service

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

2.1 Age Restriction

The Yelken Services may only be used or accessed by persons at least 18 years of age and through an electronic device under the direct control of Customer at all times. Should Yelken learn that a user is under the age of 18, Yelken will immediately terminate the access to the Services. If you are a resident of a country outside the Turkey, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.

2.2 Services

Subject to Customer’s compliance with the terms and conditions of this Agreement (including, without limitation, all payment obligations), Yelken hereby grants Customer the right to access and use the Yelken Services solely for Customer’s internal business purposes, and solely in accordance with the Yelken Service Guides and this Agreement, and any other restrictions or obligations mutually agreed upon in writing by the parties.

2.3 Yelken Service Guides

Customer will integrate with and use the Yelken Services in accordance with the Yelken Service Guides, as updated by Yelken from time to time. Yelken may take reasonable actions to limit the impact of any failure by Customer to comply with the Yelken Service Guides. Yelken will not be responsible for any delay, limitations or Yelken Services performance issues relating to such failure.

2.4 Restrictions and Acceptable Use

In addition to Acceptable Use Policy, except as otherwise agreed by Yelken in a separate written agreement, Customer will not:

• resell or license the Yelken Services to third parties,
• interfere with the integrity or performance of the Yelken Services,
• use the Yelken Services to store or transmit infringing, libelous, defamatory, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights,
• use the Yelken Services to store code, files, scripts, agents or programs intended to harm, including but not limited to viruses, worms, malware, Trojan horses,

Customer will respond immediately to any reasonable request by Yelken in the event of any actual or anticipated breach of the above. Customer will be solely responsible for all use of the Yelken Services under its account and will promptly notify Yelken if Customer becomes aware of any unauthorized use or other compromise of Customer’s account. Customer is responsible for its users’ compliance with the Acceptable Use Policy. Yelken may reasonably update the Acceptable Use Policy on at least thirty days' notice to Customer.

Without limiting the foregoing, you acknowledge that Yelken may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data, code or other content will be retained by the Services, the maximum storage space that will be allotted on Yelken's servers on your behalf, and the maximum compute capacity provided for the execution of builds and environments and the maximum network data transferred by the Services. You further acknowledge that Yelken reserves the right to change these general practices and limits at any time, in its sole discretion.

2.4 Your Content

You are solely responsible for all software, code, data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the Services ("Your Content"). You are responsible for maintaining the confidentiality of usernames and passwords associated with your account and for all activities that occur under your account. Yelken reserves the right to access your account in order to respond to your requests for technical support.

By posting Your Content on or through the Services, you grant Yelken a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, modify, reproduce, distribute, display, publish, store and perform Your Content as necessary to provide the Services and for security to protect the Services and third parties from fraud, malware, malicious files or content, viruses and the like. You further agree that Yelken may remove or disable any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to Your Content), or for no reason at all; provided, that if you are a user of our Services in the European Economic Area (i) we will remove or disable Your Content or impose restrictions on your use of the Services in accordance with applicable laws including if it is illegal content, infringes the rights of third parties, or breaches this Agreement; (ii) if we remove, block or restrict your use of the Services or Your Content, you, and any third party that may have informed us about your use of the Services or Your Content, may contact us about our decision at https://yelken.io/contact and we will review and consider your message with a view to resolving any complaint and, if appropriate, we will explain any options you have to request another review.

4.1 Feedback

During the term of this Agreement, you assign all rights, title and interest in any Feedback you provide the Yelken. If for any reason such assignment is ineffective, you agree to grant the Yelken a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

4.2 Customer Name

During the term of this Agreement, you grant Yelken a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, tradenames and logos in Yelken's marketing materials and website(s) and to indicate that you are a Yelken customer. Yelken will abide by any written trademark usage guidelines provided by you. All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit.

4.3 Data Privacy

All personal identifiable information provided by you in connection with the Services shall be subject to the Yelken Privacy Policy available at https://yelken.io/legal/privacy-policy

5.1 Plans

The Services will be provided according to the plan level you select. You may opt to upgrade or downgrade to any other plan level that Yelken offers and allows at any time during the period of your plan. For additional Services added to your plan, such as storage capacity that is larger than plan allows, you will be charged an additional fee and any applicable tax.

5.2 Payment

Yelken uses third-party payment processors (the “Payment Processors”) to bill you through the payment method(s) linked to your Account (your “Billing Information”). The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to this Agreement. We are not responsible for acts or omissions of the Payment Processors. You agree to pay us, through the Payment Processors or as otherwise agreed to by Yelken, all sums for Services you select or use at applicable prices in accordance with our pricing and billing policies and you hereby authorize Yelken and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to your Account (your “Payment Method”).

You must provide current, complete and accurate information for your Account and Billing Information, and must promptly update all such information in the event of changes (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us or our Payment Processors if your payment method is canceled (e.g., for loss or theft) or otherwise inoperable.

During the term of this Agreement, you agree to be billed on a recurring basis and to be automatically charged by Yelken or Yelken's Payment Processors using your Payment Methods upon invoicing. If your Payment Method or payment of fees is subject to other terms and conditions, as set forth in order forms, invoices or otherwise, then those other terms and conditions apply in addition to this Agreement. You may also be billed an amount up to your current balance at any time to verify the accuracy of your account information. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Services at any time at our sole discretion, including for nonpayment, late payment, or failure to charge your Payment Methods upon invoicing.

5.3 Taxes

The payment fees do not include any local, state, federal, or foreign taxes, levies or duties of any nature (e.g., value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction). Customer is responsible for paying any such taxes, and Yelken may invoice them, excluding taxes based on Yelken’s income.

5.4 Credits

Yelken may offer Service credits from time to time, and any provision of such credits is governed by the disclosures, terms and policies concerning the credits. You acknowledge and agree that all credits, whether previously offered or otherwise, are revocable or subject to early expiration at any time and for any reason or no reason by us, including for abuse, misrepresentation of Account information, unauthorized transfer, or illegal conduct by you.

5.5 Changes in Fees

Yelken reserves the right to change the fees or to institute new charges or to otherwise change the terms and conditions applicable to the Plans; provided, however, that any such changes will apply only: (a) to new Yelken Services procured after the changes; and (b) to continuing Yelken Services for any renewal term(s) starting after notice of such changes was provided or such earlier time as Customer affirmatively accepts the modified terms.

Notwithstanding any damages that you might incur, the entire liability of the Yelken and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service at issue in the month prior to the event or circumstance giving rise to claim.

To the maximum extent permitted by applicable law, in no event shall the Yelken or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Yelken or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Yelken, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Yelken provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Yelken nor any of its provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Yelken are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Yelken. Yelken has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Yelken shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately. If you wish to terminate your Account, you may terminate the Yelken Services at any time via Customer’s admin panel.

To the fullest extent permitted by law, you are responsible for your use of Yelken Services, and you shall defend, indemnify, and hold harmless us and our employees, officers, directors, agents, contractors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and costs, that arise from or relate to your Services Content, User Content, your End Users, or your access to or use of Yelken Services, including your breach of this Agreement or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third party’s right, including any intellectual property, confidentiality, property, or privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense.

This Agreement and any action related thereto will be governed and interpreted by and under the laws of the Republic of Turkey, without regard to conflicts of laws principles. Any disputes under this Agreement shall be resolved in a court of general jurisdiction in Ankara, Turkey. You hereby expressly agree to submit to the exclusive personal jurisdiction of this jurisdiction for the purpose of resolving any dispute relating to this Agreement.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision materializes, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.

If you have any questions about these Terms of Service, You can contact us:

• By visiting contact page on our website: https://yelken.io/contact
• By sending us an email: support@yelken.io.