Terms of Service
Desk360 shall belong to Desk360 Yazılım A.Ş. This agreement shall also apply to future transactions related to Desk360. You expressly agree to such General Terms and Conditions by installing or running applications.
1 .Personal Information
2. The rights of the Parties
2.1.1. These Terms apply to the Services during your free trial and within Service Plan / Subscription package you choose.
2.1.2. Using Our Services: You have a limited, non-exclusive and cancellation right to access and use your services for your purposes subject to compliance with the terms and only during the subscription period. You are responsible for the use of the Services by third parties through your account.
2.1.3 Using our APIs: If we have APIs, our APIs should be used according to the API Policies we implement in this respect.
2.2. You may use personal, non-exclusive, non-transferable and limited use of the Services only in a personal and non-commercial way, unless otherwise agreed in writing between us. You cannot use Desk360 services on a device that you do not own.
Desk360 software applications, updates, or any part thereof;
- You cannot copy,
- You cannot decompile,
- You cannot subject to reverse engineer,
- You cannot disassemble,
- You cannot change,
- You cannot access, create or modify Desk360 source code in any way,
- You cannot create derivative works of Desk360 software applications, updates, or any part thereof;
Exception to thereof are 1) the prohibition of the aforementioned restrictions by applicable laws; 2) their consent to a certain level in accordance with these Terms of Service; and 3) the license terms governing the use of any open source component included in Desk360 software application
You are not entitled to use Desk360's name, trademarks, or other trade symbols. Desk360 owns all rights not expressly granted to you under these terms.
3. Desk360 Application Updates
We hereby reserve the right to add or remove features or functionality to the Desk360. The application periodically communicates with our servers. When we release a new version of Desk360 or add new features, we may request an update on your mobile phone. This update can be done automatically or can be given advance notice and all can take place simultaneously or in multiple sessions. You may need to review the Terms of Service and User Agreement and agree to the then current Terms of Service before using the updated versions.
Desk360 is constantly working to provide appropriate and efficient technical support for services, to provide updates and improvements, and reserves the right to limit or terminate support, updates, or improvements from time to time.
You must provide the necessary equipment, Internet connections, devices, and service plans at your own expense to access and use the Desk360. If you access the application over a mobile network, there may be messages, data, or other charges by your network or roaming provider. You are solely responsible for any costs incurred in accessing from your device.
6. User's Obligations and Restrictions
6.1 Your Account: Subject to any limitation on the number of users available under the service plan you subscribe to, access to and use of the services / services is limited to a certain number of users permitted under your subscription to the service. . Each user must be identified using unique login information such as username and password (“ User login”). Such user logins are used by only one person. You are solely responsible for the confidentiality of service data and user logins. Therefore, you should not share your user login information with third parties. In any event, you are responsible for all activities that occur under your account, unless you notify us of any unauthorized use or suspicious activity in your account. Group Companies shall not be liable for any loss or damage that may result from failure to protect your login information, including your password. You are solely responsible for ensuring that your use of the services to store and transmit service data, without limiting the foregoing, complies with all applicable laws and regulations.
6.2. Use of the Services
Any information and content that you may share with Desk360 as a user of the services does not
violate applicable laws. This information and content will not harm the services.You may not commercially use the Services or Content unless otherwise agreed in writing with us. You may not use services or content without permission. You agree not to dispute the rights of Desk360 or to claim any rights in the content provided by other users (the only exception being those expressly granted under these Terms). You agree to use the Content only within the framework expressly stated in these terms.
In the subject of Services, Content or Information;
- You may not prevent services from regularly running,
- You may not route Desk360 traffic,
- You may not follow other fake or misleading practices,
- You may not create a parallel store of them
- You may not use our services, information and content to compete with us.
It is strictly prohibited to make any information contained in the services inaccessible, including any content and any information that is accessible through any third party services. You may not use the Services or the Content in any manner that is unlawful, harmful, acceptable to attack by other users or third parties. You agree that you will not abuse the Services or content in an unauthorized manner, including, but not limited to, unauthorized access to or intrusion into network capacity. You also agree to use our Services or its content in a manner that will not harm any other party's harassment, abuse, secretly monitoring, threatening, slander, or otherwise in any case. You agree that Desk360 shall not be liable in any way for any harassing, threatening, defamatory, insulting, or illegal content that you may receive for such use. You agree that if you use the services or content in any prohibited manner, despite the other solutions available on Desk360, this use is a significant violation of these terms, and that Desk360 may stop or terminate your use of the service without prior notice.
6.3. Access to Services
You may not access or use the services for upgrades and maintenance during the planned downtime of services. (In case any access restrictions may be caused by “Planned Downtime” and similar conditions) Natural disasters, government actions, terrorist acts, technical barriers beyond our control (including, but not limited to, inaccessibility of the internet) or actions undertaken by third parties, including, but not limited to, dissemination of denial of service attacks.) 6.3.1 We will make reasonable efforts to plan the planned Downtime during weekends and other non-peak hours.
7. Services and Web Site Changes
7.1 Services: We may update the Services from time to time. You may receive notifications about these upgrades, improvements, or updates (“Updates”). New or changed features added to, or modified by, services, or other updates, changes or improvements to the services are also subject to these terms.
7.2 Web Sites: We may change the content on our websites at any time. However, please note that any content on our websites may be outdated at any time and we do not have to update it. We may terminate or modify any part of our websites that do not affect the services without notifying you. Our Websites may contain links to websites, content, and resources provided by third parties (“Third Party Links”). These third-party links are subject to their terms and privacy policies and you agree that we have no control over these third-party links and that we are not responsible for your access or use of those third-party links.
8. Other Services
Some other services are presented to you by “Market Place” like integrations, applications, and custom applications or through other forums where applications for integration with services are developed. These other services are subject to their terms and privacy policies, and you agree that we are not responsible for your use of these other services that you choose to activate and integrate with these other services. By activating other services, you acknowledge that we do not provide any warranty for the other services, and that we accept and are not responsible for any damage or loss that is allegedly caused or linked to any activity, access or use. You acknowledge and agree that we are not responsible for providing technical support for other services and we are not responsible for data hosting and data transfer practices followed by the providers of these other services. You should direct any comments, questions, complaints or feedback about these other services to the relevant developers or publishers as specified in the marketplace or other forums in this context.
9. Registered Rights
The Services are protected by copyright and international copyright treaties and other intellectual property laws and treaties. Desk360 and its licensors reserve ownership of the services and all related intellectual property rights. These include copyrights, trademarks, trade names, database rights, and patents. You are granted a limited right to use the Services subject to these Terms. However, no intellectual property rights shall be deemed to have been assigned or licensed to you.
10. Third Party Content
Desk360 services may contain links to content provided by third party websites and services. The content, websites and services of these third parties may be subject to the terms of the third parties. Desk360 shall not be liable for damages resulting from the content, websites or services of such third parties.
11. Disclaimer of Warranties / Commitments
Desk360 makes no warranty/commitment or representation, express or implied, with respect to its services, quality, performance, commercial fitness, or breach of any third party's rights to the extent permitted by applicable law. Services are provided "as they are". You agree that the use of the Services is at your own risk.
You acknowledge that the Services may not be available from time to time. Desk360 services are not responsible for your failure to use the services for any reason. Desk360 makes no warranties or representations that the services are suitable for use in a particular location. You do so on your own initiative, as long as you choose to access and use the Services. You must comply with the applicable Turkish laws governing access and use of these services.
12. Limits of Liability
According to applicable laws; you acknowledge that Desk360 shall not in any case be liable for any direct, indirect, special, incidental damages and compensations arising out of the use or non-use of the content. These include loss of profit, loss of data and loss of brand value. In particular, Desk360 shall have no responsibility for any information stored or processed in the services. This includes the cost of recovering this information.
Desk360 will not be responsible for the validity, reliability or accuracy of any content and information linked to and through the use of the services. Your use of the content or information obtained through the use of the Services is at your discretion and at your own risk.
Desk360 has the right, at its sole discretion, to change, delete, and transfer subdomains that users acquire in their own names and accounts within Desk360. In addition, Desk360 assumes no responsibility for the prohibition and abuse of subdomains by users. Users accept and declare that Desk360 has no responsibility for the selection and use of subdomains and all responsibilities belong to them. The user agrees to indemnify Desk360 for any claims made against the company in connection with the use or ownership of subdomains.
Nothing in these Terms shall be excluded by law and shall not limit our liability for essential matters. This includes any rights you may have under applicable consumer laws.
13.1. In case you choose a user identification code, password, or other information as part of our security procedures, or if it is provided to you, you must keep it confidential. You must not disclose to any third party. We may at any time, in our reasonable opinion, have the right to disable any user identification code or password if you fail to comply with the provisions of these terms, as selected or assigned by you.
13.2. Confidentiality obligations: Each of us will protect the other's confidential information from unauthorized use, access or disclosure. Unless expressly permitted under these terms, each of us may use the other's confidential information only to exercise our own rights and to fulfill our obligations under these terms.
14. Data Confidentiality and Security
14.1. Security of Service Data: We take appropriate technical measures to protect the service data we process. The measures we take are designed to provide a level of security appropriate to the risk of processing your service data.
14.2. We hereby declare that we and our group companies will process the service data for these purposes in accordance with data protection laws and our privacy requirements (A) You agree that we may access or disclose information about your account, users or end users in order to comply with the law or to respond to legal requests and legal transactions; (b) including the implementation of these conditions or other policies linked to services; in order to to protect the rights or property of group companies or our customers or partners; (c) to protect personal security or to prevent violations of applicable laws or regulations. In addition, at our sole discretion, any behavior suspected by you of any fraudulent, abusive or illegal activity may be referred to the legal authorities.
15. Security in Interaction with Other Users
Desk360 is not responsible for the behavior of any user on or off the services. The user agrees to be cautious with regard to their own safety in all interactions with other users. It should not provide its financial information (such as credit card or bank account information), transfer money by bank or else to other users.
The user is responsible by itself for interactions with other users. The user knows that Desk360 does not check criminal records or investigate their users' history. The Desk360 makes no representations, references or warranties regarding user behavior. The Desk360 reserves the right to conduct criminal records check or other scans (such as sexual offender registry investigations) using existing state archives in relation to users when necessary.
16. Responsibility for Interactions with End User
You are responsible for the content of the interviews between the end user and you through the communication channels. Desk360 declares that it is not responsible for any conversation content between you and the end user.
17. DESK360 Beta Use
We may provide certain services on our websites as closed or open beta services ("Beta Services") during the testing and evaluation process. You agree that we are the sole authority and decision-maker to determine the time required to test and evaluate beta services. You will not be obliged to obtain a subscription to use any paid service as a result of your subscription to any Beta Service. We reserve the right to terminate any of the Beta Services temporarily or permanently, at any time and from time to time without notice or inform you. We also reserve the right to use the Beta Services for a subscription fee. (this may or may not be lower than the subscription fees payable for paid services).
18. Suspension and Termination of Agreement
18.1. In the event that your account is suspended or terminated, or if these terms are suspended or terminated, we do not accept liability to you or any other third party for access or use of these services.
18.2. Free trial: If you have a free trial for any of our services, your account may be suspended or terminated as follows:
18.2.1. In case you violate the Terms, we may suspend your access to and use of your Account or Services. We will notify you of any activities that violate these Terms, and at our sole discretion, give you fifteen (15) days (“Recovery Period”) to improve or stop such activities. If we believe that such activities cannot be improved or stopped during the reinstatement period or that any breach of these terms cannot be improved, your account will terminate and all relevant service data will be deleted immediately and permanently.
18.2.2. You may terminate your account at any time before or after the free trial period. In such cases, all associated service data is immediately and permanently deleted. 18.2.3. In case you do not terminate your account or renew your account before or after the end of your free trial, we may suspend your account. We will retain the relevant service data for the six months that your account is terminated and all associated services will be deleted immediately and permanently.
18.3. Customers in Service Plan: If you are in a service plan for any of our services, your account may be suspended or terminated as follows:
18.3.1. In addition to suspending late payment or non-payment of subscription fees, we may suspend access to and use of your account or services if you violate the terms. We will notify you of any activities that violate these terms, and we, at our sole discretion, will give you fifteen (15) days (“Improvement Period) to improve or stop such activities. Your account will be terminated if we believe that such activities cannot be improved or stopped during the improvement period, or that violations of these terms cannot be improved. The relevant service data will be stored for 14 days from the date on which your account will be deleted during the normal transaction after termination.
18.3.2. In case you pay for your account, you can choose to terminate your account at any time through our services. The relevant service data will be stored for 14 days from the date on which your account will be deleted during the normal transaction after termination.
18.3.3. We may suspend your account when your subscription expires or is not renewed. We will retain the relevant service data for the six months that your account is terminated and all associated services will be deleted immediately and permanently.
19. Effect of Termination of Your Account:
19.1. Data Export: You can request all your service data before terminating your account. In any case, following termination of your account by us or you, the service data will be stored or deleted in a manner that applies to you, unless otherwise specified herein, or in any additional terms. Where service data is stored as described here, you may contact us during this storage period to export your service data. After deleting the service data, it cannot be recovered.
19.2. Refund: In case your account is terminated in accordance with these terms, there will be no refund.
Desk360 reserves the right to freely transfer the rights and obligations under these terms to any third party at its own discretion.
21. Additional Terms and Changes
Desk360 may change its services at any time by adding or removing features or discontinuing services. Desk360 reserves the right to provide revised terms to the user at any time or to revise the revised terms in the services. The user will always be informed of any significant changes. It will also be given the option to terminate the services. The revised terms shall become effective upon notification or publication to the user. If the user continues to use post-revised services, it means that it accepts the new terms.
22. Legal reservations
- Contact information that the user declares while becoming a singing up can be used for newsletter, marketing and advertising purposes.
- Data security within the application is provided by the APPLICATION. However, the user is responsible for any unauthorized access or misuse, storage, reproduction, sale, copying, illegal use of user information, contact information and other content.
- Any disputes that may arise between Desk360 and the member will be settled primarily by means of Peace. The Parties accept and declare that the Turkish Courts are competent if no conciliation is reached.
- Desk360 shall reserve all rights for all assets, real and personal rights, commercial information and know – how, including services, information, copyrighted work, trademark, commercial appearance; including any material and intellectual property rights owned by the mobile application.
23. Billing, Payments and Plan Changes
23.1 Subscription Fees: Except for your free trial, all fees for your account (“Subscription Fees”) must be paid in advance and in full in accordance with the payment methods when you subscribe, unless otherwise stated in the additional terms. Unless otherwise stated on the form, subscription fees are based on the service plan.
23.2. Payment methods: You can pay Subscription Fees with your credit card. Your payment will be made immediately after billing for credit card payments. You authorize us or our authorized agents, as applicable, to bill your credit card upon subscription (or renewal) to the Services.
23.3. Renewal: Your subscription to the Services is automatically renewed for a Subscription Period equivalent to the expired Subscription Period. We may make upgrades to be updated at current prices for the new period unless otherwise stated in writing. Changes to fee tariffs are notified to users prior to the renewal period. In case you do not terminate your account, you acknowledge and agree that the fee set for the applicable Subscription Fees will be charged automatically to your credit card.
23.4. We may use a third-party service provider to manage your credit card and other payment transactions. Our business partners with whom we have contracted to receive payments will keep users' credit card information.
23.5 . Refunds: Subscription fees are non-refundable unless otherwise specified in the agreement. No refund will be given to users due to partial use or non-use of the services we provide.
23.6. Late Payments / Non-Payment of Subscription Fees: . We will charge your card for service charges within five (5) days from the date of notification for payments made by credit card. In case we do not receive payment within the above-mentioned period, we may terminate our services in addition to our other applicable rights.
23.7. Updating the number of users: The account manager is given the authority to increase or decrease the number of users who have access to the service you have purchased. The service plan you have selected gives you two user rights. The fee tariff to be applied as a result of the reductions in the number of users you have made will be reflected on your invoice as of the month following the month you made the change. The fee tariff will be reflected to your invoice as of the month following the month you made the change as a result of the increase in the number of users you have made.
23.8. Applicable Taxes: You are responsible for paying taxes that will be charged to you by government authorities. If we believe we have a legal obligation to do so, we will bill you for such taxes.
23.9. User Earnings: We may offer users certain benefits, such as a reduction in subscription fees, an extension of the subscription period, and no request from you for additional service charges at our sole discretion. These benefits are specific to the services offered and to your account. They cannot be transferred. Advantages may have expiry date. If there is no expiration date, it shall expire twelve (12) months after the date of the offer.
24. Organization Additional Fees
You can provide exit for your company through a special proxy for your company. You have the right to define as many proxies as you desire for your company. The tariff to be applied as a result of the decreases in the number of proxy definitions you have made will be reflected on your invoice as of the month following the month you made the change. The fee tariff will be reflected to your invoice as of the month following the month you made the change as a result of the increase in the number of proxy definitions you have made.
25. Account Deleting
25.1. Deleting a Representative by Account Manager. You may delete an Agent from your Account that you are the administrator of this Account subject to the Confidentality Statement. However, you agree that such deletion is exclusive to this Account only and that separate deletions must be initiated between other Associated Accounts in an Entity in order to delete the Agent from all Accounts. Please contact your Enterprise Administrator to delete a Representative from the Organization. However, if a Representative is deleted from an Account and that Representative is not part of another Account in an Organization, the Representative is automatically deleted from that Account from the Organization 15 days after the date of deletion.
25.2. Termination and Deletion of an Account by the Account Manager. You may terminate an Account for which you are an administrator subject to the terms. Such termination shall also be updated in the Organization after 15 days of effective termination of this Account. You agree that such termination is unique to this Account only. The Service Data of a Terminated Account will be retained and deleted as specified in the Terms. The terminated Account's agent data is permanently deleted after it has been stored in the Organization for 15 days.
25.3. Modifying an existing functionality or releasing a new functionality. You acknowledge that additional conditions for such modified or new functionality may be displayed when an existing functionality is changed or a new functionality is published within the Organization feature. If you continue to use such modified or new functionality, you may trust us for accepting such additional terms.