Terms of Service

1. Purpose and Scope

1.1. These Terms of Service (the "Agreement") set out the terms and conditions governing the use of the website, applications, software, integrations, infrastructure, products and services (collectively, the "Services") offered by Printonus Yazılım Teknolojileri A.Ş. ("Printonus").

1.2. All natural and legal persons using the Services declare that they have read, understood and accepted the provisions of this Agreement electronically.

1.3. This Agreement applies together with the Printonus Privacy Policy, Intellectual Property Policy, Data Processing Terms, Cookie Policy and other policies and rules published by Printonus.

1.4. Everyone who benefits from the Services acknowledges that they are bound by this Agreement.

2. Definitions

• "Content" means any text, image, logo, trademark, design, photograph, video, graphic, data, software and other material uploaded, created, published or used by the User in connection with the Services.
• "User" means any natural or legal person who accesses or uses the Services.
• "User Products" means products created or customized by the User by adding Content.
• "Customer" means any natural or legal person who purchases the User's products.
• "Order" means products purchased by the User or by Customers.
• "Fulfilled Order" means an order whose production has been completed and which has been handed over to the carrier.
• "Provider" means any manufacturer, print center, supplier, logistics provider or third-party business partner cooperating with Printonus.
• "Sales Channel" means any website, marketplace or e-commerce platform on which the User offers its products for sale.
• "Illegal Activity" means activities contrary to applicable legislation, fraud, forgery, money laundering, terrorist financing, sanctions violations or transactions intended to cause harm to third parties.

3. Scope of the Services

3.1. Printonus provides a technical infrastructure service that enables Users to create products by applying their Content to certain products and to sell such products through various sales channels.

3.2. Printonus may cooperate with various Providers with respect to production, printing, logistics and similar processes.

3.3. Unless expressly stated otherwise, Printonus is not the manufacturer, seller, importer, distributor or ultimate supplier of User Products.

3.4. Printonus is a platform providing technical infrastructure and order management services between the User and the Provider.

3.5. Unless expressly stated otherwise, consumer contracts relating to the sale of User Products are concluded between the relevant User and the Customer.

3.6. The production, printing, packaging, shipment and delivery of products are carried out in accordance with the operational processes of the relevant Providers.

3.7. Printonus does not guarantee that the Services will be uninterrupted, error-free or continuously accessible.

3.8. Printonus may temporarily suspend, modify or restrict the Services for reasons of technical maintenance, security, infrastructure changes, regulatory compliance or operational reasons.

4. Conditions for Using the Services

4.1. To use the Services, you must be at least 18 years of age and have the necessary legal capacity.

4.2. Persons acting on behalf of a company or legal entity acknowledge that they are authorized to represent and bind the relevant legal entity.

4.3. Printonus reserves the right to reject any application without stating a reason, or to suspend existing accounts in accordance with applicable legislation, platform security or the provisions of this Agreement.

4.4. The User acknowledges that all information provided to Printonus is accurate, up to date and complete.

4.5. The User is obliged to protect its account information. The User is responsible for all transactions carried out through its account.

4.6. The User may not transfer its account to, or allow its account to be used by, third parties.

5. User Obligations

5.1. The User agrees to use the Services solely for lawful purposes.

5.2. The User acknowledges, represents and undertakes that the Content it uploads is lawful, that it holds the necessary rights of use and that such Content does not infringe the rights of third parties.

5.3. The User may not upload content that infringes copyright, trademark, design rights, personality rights or other intellectual property rights.

5.4. The User may not upload, publish or use the following content:

• Content relating to the abuse of children
• Content that promotes violence, hatred or terrorism
• Content that discriminates on the basis of race, ethnic origin, religion, gender or similar grounds
• Content that promotes illegal activities
• Content that unlawfully contains personal or confidential information of third parties
• Content intended for fraud, forgery or deception
• Content contrary to public order, public morality or applicable legislation

5.5. The User is responsible for complying with all relevant legal obligations, including applicable consumer legislation, tax legislation, e-commerce legislation, advertising legislation and data protection legislation.

6. Content and Intellectual Property Rights

6.1. Unless expressly stated otherwise, the intellectual property rights in the Content uploaded by the User belong to the relevant User.

6.2. The User acknowledges that, for the purpose of enabling the provision of the Services, it grants Printonus a limited, non-exclusive right of use, limited to the term of the service, to host, technically process, reproduce, display, produce and use the Content within the scope of the Services.

6.3. Printonus is not obliged to review, verify or legally audit Content uploaded by the User in advance.

6.4. Primary responsibility for the lawfulness of the Content and the rights of use relating to it rests with the relevant User.

6.5. Printonus may remove Content, restrict access to it or suspend accounts on the grounds of court decisions, requests from administrative authorities, intellectual property notices, platform security or regulatory compliance.

7. Orders and Production Process

7.1. Orders created by the User are forwarded to the relevant Provider and the production process is initiated.

7.2. Production processes may vary depending on the product type, stock availability, production capacity, logistics processes and Provider operations.

7.3. Printonus does not guarantee that Orders will be completed within a specific period.

7.4. Before creating an Order, the User is obliged to check the product information, designs, sizes, colors, prices, delivery information and other details.

7.5. Printonus is not responsible for incorrect production, printing, delivery or customer complaints arising from errors attributable to the User.

7.6. Orders for which production has commenced may not be cancelled or modified, taking into account the nature of the relevant product and the production process.

8. Pricing and Payment

8.1. Prices for the Services, product prices and any additional fees are specified on the Platform.

8.2. Printonus reserves the right to change prices without prior notice.

8.3. Payments are made through the payment methods offered on the Platform.

9. Returns and Cancellations

9.1. Returns and cancellations are processed in accordance with applicable consumer legislation and Platform policies.

9.2. For personalized and/or made-to-order products, the right of withdrawal may not be available within the framework of the exceptions provided for in the legislation.

10. Prohibited Activities

10.1. Users may not engage in the following activities:

• Using the Services for unlawful purposes
• Carrying out actions that endanger platform security
• Uploading malware, viruses or malicious code
• Attempting unauthorized access
• Damaging the Services through the use of automated systems
• Using the accounts of others without authorization
• Engaging in activities that would damage the commercial reputation of Printonus
• Creating fake orders or carrying out misleading transactions
• Carrying out transactions that may be considered Illegal Activity

10.2. In the event of a breach of this article, Printonus reserves the right to suspend accounts, block access, cancel Orders or initiate the necessary legal proceedings.

11. Suspension and Termination of Accounts

11.1. Printonus may suspend accounts temporarily or permanently on the grounds of applicable legislation, platform security, technical requirements or a breach of the provisions of this Agreement.

11.2. In cases involving forgery, fraud, intellectual property infringement, misuse, Illegal Activity or a risk of harm to third parties, Printonus may take action without prior notice.

11.3. If an account is suspended or closed, the User's access to the Services may be restricted.

11.4. Printonus may retain the relevant Content, Orders or transaction records where it deems necessary.

12. Indemnification Obligation

12.1. The User acknowledges that it is liable for any and all damages, administrative sanctions, lawsuits, claims, costs and attorneys' fees that Printonus may incur as a result of the User's breach of this Agreement, applicable legislation or the rights of third parties.

12.2. The User agrees to provide the necessary information, documents and support in respect of claims brought against Printonus by third parties arising from the Content it uploads, the Orders it creates, its sales activities or Customer transactions.

12.3. Reasonable expenses and defense costs incurred by Printonus in this context may be claimed from the User.

13. Limitation of Liability

13.1. To the maximum extent permitted by applicable legislation, Printonus shall not be held liable for indirect damages, loss of profit, loss of data, loss of business, loss of revenue, loss of reputation or damages arising from third parties.

13.2. The total liability of Printonus is limited to the total amount paid by the User to Printonus in connection with the relevant Order or transaction.

13.3. This limitation shall not apply to intent, gross negligence, mandatory liabilities arising from consumer legislation or obligations that cannot be limited under applicable legislation.

13.4. Printonus is not responsible for interruptions, errors, delays or damages arising from Providers, shipping companies, payment institutions, internet service providers or other third-party service providers.

13.5. Printonus does not guarantee that the Services will operate in an uninterrupted, error-free or completely secure manner.

14. Data Protection and Privacy

14.1. Printonus processes personal data in accordance with the applicable data protection legislation and the Privacy Policy.

14.2. Where the User transfers Customer data to Printonus, the User acknowledges that the relevant personal data has been obtained lawfully and that the necessary legal grounds exist for such sharing.

14.3. The User is responsible for acting in compliance with obligations relating to the protection of personal data.

14.4. Printonus may share the necessary information with public authorities within the scope of obligations arising from legislation.

15. Force Majeure

15.1. Printonus shall not be liable for any failure to fulfil its obligations in cases of natural disasters, war, acts of terrorism, epidemics, cyberattacks, infrastructure failures, internet outages, power outages, logistics problems, decisions of public authorities or other force majeure events beyond the reasonable control of the parties.

15.2. The obligations of Printonus may be suspended for the duration of the force majeure event.

16. General Provisions

16.1. Printonus may update this Agreement in line with applicable legislation or operational needs.

16.2. In the event of material changes, Users will be informed through reasonable means.

16.3. Continued use of the Services after the updated Agreement enters into force constitutes acceptance of the changes.

16.4. If any provision of this Agreement is held invalid, the remaining provisions shall continue in full force and effect.

16.5. Failure or delay by Printonus in exercising any right shall not constitute a waiver of that right.

16.6. The parties acknowledge that Printonus system records, log records, electronic commercial records, digital data and electronic correspondence constitute evidence within the meaning of Article 193 of the Code of Civil Procedure No. 6100 (HMK).

17. Governing Law and Jurisdiction

17.1. This Agreement is governed by the laws of the Republic of Türkiye.

17.2. Without prejudice to mandatory jurisdiction rules provided for in applicable legislation, the Courts and Enforcement Offices of Ankara shall have jurisdiction over disputes arising from this Agreement.

17.3. Mandatory mediation provisions under applicable legislation shall apply to commercial disputes.

18. Contact Information