1. Scope and Acceptance

1.1 These General Terms of Use (the “Terms”) govern the relationship between GÜRİŞ Teknoloji A.Ş. (the “Company”, “we”, “us”, operating “GÜRİŞ Super App”) and any natural or legal person who registers for, accesses or uses GÜRİŞ Super App and its offers, contents, functions and other services (collectively, the “Services”).

1.2 By creating a user account and/or using the Services, the user (the “User”) agrees to be bound by these Terms. Users may review, print and save these Terms at any time. Unless expressly stated otherwise in these Terms or on the individual pages of GÜRİŞ Super App, these Terms apply to the use of all Services.

1.3 Terms and conditions of the User that deviate from, conflict with or supplement these Terms shall not become part of the agreement unless the Company has expressly agreed to their application in writing.

2. Definitions

2.1 “Services” means all applications, functions, contents, features and offers made available by the Company through GÜRİŞ Super App. “User Content” means any data, files, text, images or other materials uploaded, stored or transmitted by the User through the Services. “GDPR” means Regulation (EU) 2016/679. “AI Act” means Regulation (EU) 2024/1689 on artificial intelligence. “Applicable Data Protection Law” means the GDPR, the Turkish Law on the Protection of Personal Data No. 6698 (KVKK) and any other applicable data protection legislation.

3. Registration and User Account

3.1 Use of the Services requires the creation of a user account. Registration requires the User to have reached the age of eighteen (18) and to have full legal capacity. The Company is entitled, but not obliged, to verify the age and identity of the User on the basis of suitable official documents.

3.2 The User must provide all mandatory registration data completely, accurately and truthfully, and must keep this data up to date. The Company assumes no liability where the Services cannot be provided as a result of incomplete, inaccurate or outdated information provided by the User.

3.3 By registering, the User warrants that the information provided is correct and that he/she has the authority to accept these Terms, including, where the User acts on behalf of a legal entity, the authority to bind that entity.

3.4 The User is responsible for maintaining the confidentiality and security of its login credentials and for all activities carried out under the account. The User must not share credentials with third parties and must notify the Company without undue delay at info@guristeknoloji.com upon becoming aware of any unauthorised use of the account.

4. Establishment and Term of the Agreement

4.1 To conclude the usage agreement, the User must, where applicable, install the software offered by the Company on the User’s (usually mobile) device and complete registration via that software or the relevant website.

4.2 The User has no entitlement to the conclusion of a usage agreement. The Company may refuse an application without stating reasons. In such a case, the Company will promptly delete the data provided by the applicant in the registration form, subject to any statutory retention obligations.

5. Free Basic Use and Paid Services

5.1 The free basic use allows registered Users to use the basic functions of GÜRİŞ Super App. The Company provides only the technical means required to make these functions available and does not owe any specific outcome or result.

5.2 In addition to the free basic functions, Users may obtain additional paid services and features (the “Paid Services”) for a fee. The nature, content, scope and prices of the Paid Services are set out on the GÜRİŞ Super App website or within the app. Fees may entitle the User to single or multiple use, to credit for one or more Services, to time-based use (e.g. days, weeks) or to other forms of use.

5.3 Where the Services are made available through a third-party platform (e.g. Google Play Store, Apple App Store), the supplementary terms and payment conditions of that provider also apply. The User must accept the applicable supplementary terms before obtaining the relevant Paid Services. Unless the supplementary terms provide otherwise, all fees are due upon conclusion of the contract.

5.4 The content and scope of the free and Paid Services may be modified, restricted, extended or discontinued at any time as part of the ongoing development of GÜRİŞ Super App. If a User has already paid for a Service that is subsequently restricted, discontinued, or later made available free of charge, the User may request credit toward other Paid Services or, where applicable, a proportionate refund. Any further claims are excluded, except in cases of mandatory statutory liability.

6. User Obligations and Acceptable Use

6.1 The User undertakes to use the Services only for lawful purposes and in accordance with these Terms, applicable law and the rights of third parties.

6.2 The User shall not, in particular:

• upload, store or transmit any content that is unlawful, infringing, defamatory, misleading, discriminatory or harmful, or that violates the intellectual property, privacy or other rights of third parties;
• upload or distribute viruses, malware or any other harmful code, or otherwise interfere with the integrity, security or proper functioning of the Services;
• gain or attempt to gain unauthorised access to the Services, other user accounts, or the Company’s systems or networks;
• use automated means (e.g. bots, scrapers) to access, extract or collect data from the Services without the Company’s prior written consent;
• reverse engineer, decompile or disassemble any part of the Services, except to the extent expressly permitted by mandatory law;
• use the Services in any manner that violates the GDPR, the AI Act or other applicable law.

6.3 The User is solely responsible for its User Content and for any consequences arising from its use. Any decision to act on the basis of information or content available through the Services is made at the User’s own discretion and risk.

7. User Content and Licence

7.1 The User retains all rights it holds in its User Content. By uploading or transmitting User Content, the User grants the Company a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process and display the User Content solely to the extent necessary to provide, maintain and improve the Services and to comply with legal obligations. This licence ends when the relevant User Content is deleted, except where retention is required by law or the content has been shared with others who have not deleted it.

7.2 The User warrants that it holds all rights and permissions necessary for the use of the User Content under these Terms and that the User Content does not infringe any third-party rights or applicable law.

7.3 The User is responsible for backing up its own User Content. The Company does not provide a data backup service and, save in cases of mandatory statutory liability, accepts no liability for the loss of or damage to User Content, in particular where the User has failed to maintain its own backups.

8. Intellectual Property Rights

8.1 All rights in the Services, including software, website design, databases, text, graphics, logos, trademarks and other content provided by the Company, are and remain the exclusive property of the Company or its licensors and are protected by applicable intellectual property law.

8.2 Subject to compliance with these Terms, the Company grants the User a limited, non-exclusive, non-transferable, revocable right to use the Services for their intended purpose. Except as expressly permitted, no content of the Services may be copied, reproduced, published, transmitted, distributed, sold, modified or otherwise exploited without the Company’s prior written consent.

9. Data Protection and Privacy

9.1 The Company processes personal data in accordance with Applicable Data Protection Law. Detailed information on the nature, scope, purposes and legal bases of the processing, as well as on data subjects’ rights, is set out in the Company’s Privacy Policy, which forms an integral part of the contractual relationship.

9.2 Depending on the processing activity, the legal basis is the User’s consent (Art. 6(1)(a) GDPR), the performance of a contract or pre-contractual measures (Art. 6(1)(b) GDPR), compliance with a legal obligation (Art. 6(1)(c) GDPR), or the legitimate interests of the Company or a third party (Art. 6(1)(f) GDPR).

9.3 Subject to the conditions of Applicable Data Protection Law, data subjects have the right of access, rectification, erasure, restriction of processing, data portability and objection, as well as the right to withdraw consent with effect for the future and the right to lodge a complaint with a competent supervisory authority.

9.4 Where personal data is transferred to recipients in third countries, the Company ensures an adequate level of protection by means of appropriate safeguards in accordance with Chapter V of the GDPR (e.g. adequacy decisions or standard contractual clauses).

9.5 Questions regarding data protection and requests to exercise data subject rights can be directed to info@guristeknoloji.com.

10. Artificial Intelligence Features and Automated Processing

10.1 The Services may include features based on artificial intelligence or automated processing. Where the User interacts with an AI system, the Company will provide appropriate information in accordance with the transparency requirements of the AI Act.

10.2 Where User Content or personal data is used to develop, train, evaluate or improve AI systems, such processing is carried out only on a valid legal basis under the GDPR and in accordance with the AI Act, applying appropriate technical and organisational measures. Where such processing is based on the Company’s legitimate interests, the User has the right to object in accordance with Art. 21 GDPR.

10.3 The Company does not subject Users to decisions based solely on automated processing, including profiling, that produce legal effects concerning them or similarly significantly affect them, except where permitted under Art. 22 GDPR and subject to appropriate safeguards, including the right to obtain human intervention.

10.4 The User must not use any AI-based feature of the Services for purposes prohibited under the AI Act or that otherwise violate applicable law. Outputs generated by AI features may contain inaccuracies; the User is responsible for reviewing such outputs before relying on them.

11. Availability, Changes and Maintenance

11.1 The Company endeavours to keep the Services available but does not guarantee uninterrupted, timely, secure or error-free operation. Access may be temporarily restricted for maintenance, updates, security or capacity reasons.

11.2 The Company may modify, further develop, restrict or discontinue the Services or parts thereof, taking reasonable account of the legitimate interests of Users.

12. Checking, Blocking, Deleting and Securing User Data

12.1 The Company is entitled, but not obliged, to check User Content for compliance with these Terms and applicable law and to block or delete, in whole or in part, content that is or is imminently in breach of these Terms or the law.

12.2 The User is responsible for any data backup it desires. The Company does not provide a backup service and, save in cases of mandatory statutory liability, accepts no liability for the non-recovery of User Content in the event of loss or damage, in particular where the User has failed to maintain its own backups.

13. Cancellation and Termination

13.1 The free basic use runs for an indefinite period and may be terminated by the User at any time, most simply by deleting the user account in the settings, or alternatively by e-mail (info@guristeknoloji.com) or in writing.

13.2 Ordinary termination of a Paid Service is excluded unless it is a subscription. A subscription is automatically renewed for the selected period unless the User terminates it no later than 24 hours before the end of the current term. Termination of a Paid Service does not affect the free basic use.

13.3 The right of each Party to extraordinary termination without notice for good cause remains unaffected and is governed by the statutory provisions. The Company may, in particular, suspend or terminate an account with immediate effect if the User materially breaches these Terms, the Privacy Policy or applicable law.

13.4 Upon termination, the Company may delete the User’s account and User Content, subject to any statutory retention obligations. The User is responsible for retaining copies of its User Content prior to termination.

14. Third-Party Services and Links

14.1 The Services may contain links to, or integrations with, websites, applications or content operated by third parties. The Company does not control and is not responsible for the availability, accuracy, legality or content of such third-party offerings. Use of third-party services is at the User’s own risk and may be subject to the third party’s own terms and privacy policies.

15. Warranties and Disclaimers

15.1 The Services are provided “as is” and “as available”. To the extent permitted by applicable law, the Company does not warrant that the Services will meet the User’s requirements, be free of viruses or errors, or that any particular result will be achieved through their use. Mandatory statutory warranty rights, in particular those of consumers, remain unaffected.

16. Limitation of Liability

16.1 The Company is liable without limitation for damages arising from injury to life, body or health, for damages caused by intent or gross negligence, and to the extent liability is mandatory under applicable law.

16.2 In the case of slight negligence, the Company is liable only for the breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on which the User may reasonably rely), and in such cases liability is limited to the foreseeable damage typical for this type of contract.

16.3 Any further liability of the Company is excluded. This limitation does not apply to the extent that liability is mandatory under Applicable Data Protection Law or other mandatory law.

17. Indemnification

17.1 The User shall indemnify and hold the Company harmless from and against any third-party claims, including reasonable costs of legal defence, arising from the User’s culpable breach of these Terms, of applicable law, or of the rights of third parties, in particular in connection with the User Content. Mandatory consumer protection provisions remain unaffected.

18. Force Majeure

18.1 The Company is not liable for the non-performance or delayed performance of its obligations where this is due to circumstances beyond its reasonable control, including natural disasters, fire, war, civil unrest, strikes, epidemics or pandemics, failures of infrastructure or the internet, power outages or cyber attacks. During a force majeure event, the affected obligations are suspended.

19. Changes to These Terms

19.1 The Company may amend these Terms where necessary, for example due to changes in the Services, in the legal framework or in case law. Users will be informed of material changes by appropriate means, and the changes will take effect 10 days after their announcement. If the User does not object within this period and continues to use the Services, the User is deemed to have accepted the changes. The Company will specifically point out this consequence and the right to object in the notice of changes. Where a change requires the User’s consent under mandatory law, that consent will be obtained.

20. Governing Law and Jurisdiction

20.1 These Terms are governed by the laws of the Republic of Türkiye, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. This choice of law does not deprive a consumer of the protection afforded by the mandatory provisions of the law of the country in which the consumer has his/her habitual residence.

20.2 The place of jurisdiction for all disputes arising out of or in connection with these Terms is Ankara, Türkiye, to the extent permitted by law. Mandatory statutory places of jurisdiction, in particular for consumers, remain unaffected.

21. Severability and Miscellaneous

21.1 Should any provision of these Terms be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected.

21.2 The User may not assign or transfer this agreement or any rights or obligations under it, in whole or in part, to a third party without the Company’s prior written consent.

21.3 All notices under these Terms shall be sent to the Company’s known e-mail address and to the e-mail address provided by the User. The User must notify the Company in writing of any change of e-mail address within five days; otherwise, notices sent to the address on file are deemed to have been received. The User is responsible for regularly checking its inbox, including spam or junk folders.

22. Provider Information and Contact

22.1 The Services are operated by GÜRİŞ Teknoloji A.Ş., registered in the Republic of Türkiye. Contact: info@guristeknoloji.com.