User Agreement

User Agreement

1. Parties

1.1. This User Agreement ("Agreement") is entered into by and between Gusto Teknoloji Haberleşme Telekomünikasyon Sanayi ve Ticaret Limited Şirketi ("Company" or "Gusto") and the user ("User(s)") who purchases or creates a trial membership for the cloud-based financial and business management applications ("Application(s)") accessible via the website at www.gustofix.com ("Site(s)"), Sites or Mobile Applications. The Agreement shall enter into force upon the User’s acceptance in electronic form and will remain in effect unless terminated in accordance with the procedures specified herein.

2. Subject and Scope of the Agreement

2.1. This Agreement shall apply to each Application and/or product that the User purchases or for which a trial membership is created.

2.2. This Agreement is entered into to determine the terms and conditions related to the User’s use of the Application and the data ("Content") uploaded by the User to the Application, and to define the rights and obligations of the parties.

2.3. The Application includes GustoFix products provided to Users by the Company. In this Agreement, the Application and the Site shall collectively be referred to as the GustoFix platform ("Platform").

2.4. Information, terms of use, rules, and conditions related to the Platform (collectively referred to as the "Terms of Use") are published on the relevant Platform and shall be considered an annex and integral part of this Agreement. The User agrees, declares, and undertakes that they will comply with the Terms of Use, acknowledges that these will come into force upon their publication, and that GustoFix reserves the right to unilaterally amend such Terms of Use at any time without notice. The User is responsible for monitoring the Terms of Use and acknowledges that the Terms of Use, along with the rights and obligations set out in this Agreement, constitute the entirety of their legal obligations.

3. Rights and Obligations of the Parties

3.1. The User declares that in order to benefit from the Platform, they must provide complete, accurate, and up-to-date information as requested by Gusto Teknoloji and must approve this Agreement. In the event of any changes in the information provided during the registration for User status, such information shall be immediately updated by the User. Gusto Teknoloji shall not be held responsible for any inability to access or use the Platform due to incomplete, inaccurate, or outdated information. The User is responsible for any and all changes made on the Platform under their account.

3.2. The User represents that they are over 18 years of age and have the legal capacity to enter into this Agreement. If the User is accessing the Platform on behalf of a business entity, they declare that they are duly authorized to do so. In this case, the rights and obligations associated with the User status shall belong to the respective business entity.

3.3. The User is entitled to create only one User account, and it is prohibited to create a second account using the same or different information following the suspension or termination of an account by Gusto Teknoloji. Gusto Teknoloji reserves the right to refuse the opening of a User account or to request additional information or documents, at its sole discretion and without the obligation to provide any justification.

3.4. Access to the Platform by the User shall be carried out using a verification code sent to their mobile phone. The User is responsible for maintaining the confidentiality and security of this code, and any actions taken using this code via the Platform shall be deemed to have been carried out by the User. The User shall be solely responsible for any legal or criminal liability arising from such actions. The User must promptly notify Gusto Teknoloji in the event of any unauthorized use of the code or other security breaches.

3.5. The User agrees and undertakes to use the Platform solely for lawful purposes and in accordance with this Agreement, its annexes, applicable legislation, and other rules and conditions stipulated on the Site and Application. The User may use the Platform on behalf of third parties only if authorized to provide services to such parties. In this case, the User shall ensure that such third parties also comply with the provisions of this Agreement and all other applicable rules.
 

3.6. The User may, at various times and at their discretion, authorize a third party (“Authorized User”) to use the Platform and/or create an account for the Authorized User. The identity of the Authorized User and the level of access within the Application shall be determined by the User. The User shall be responsible for the Authorized Users’ use of the Platform and shall always control the Authorized Users’ access to the Platform, and may change the Authorized User’s access level or revoke access at any time and without reason. In the event of a dispute between the User and the Authorized User regarding access to the Platform, the User shall decide on the Authorized User’s access to the Platform and/or Content and the level of such access. The User shall ensure that the Authorized User fully complies with the terms and conditions of this Agreement. The User hereby waives the right to assert that any actions taken via their profile or the Authorized User’s profile constitute unauthorized actions. In all such cases, the User shall be solely responsible for any and all consequences.

3.7. The Content shared by the User shall remain the property of the User, and all responsibility related to the Content shall lie with the User. Gusto Teknoloji shall have the right to use the Content under the license granted by the User in accordance with this Agreement. Gusto Teknoloji shall not be held liable for any loss or damages caused by or related to the Content, including but not limited to its legality, accuracy, payment of invoices, collection, financial transactions, and tax declarations. Ensuring compliance with the relevant legislation in financial transactions, taxation, and other matters is the sole responsibility of the User. The User accepts that Gusto Teknoloji may delete the Content from the Platform and its systems due to legal obligations or financial regulations and shall not be liable for any damages arising from such deletions, including data loss.

3.8. The User agrees not to engage in any activity that may endanger the security and integrity of the computer and network systems of third parties hosting Gusto Teknoloji or the Platform, not to misuse the Platform in a manner that would prevent the proper operation of the Application, Site, or other systems offering the services or hinder other users from benefiting from them, not to gain unauthorized access to the computer systems hosting the Platform beyond the scope of authorized access, not to upload or transfer any files or illegal Content (including copyrighted or trade secret-protected Content that the User has no rights to use) that could damage the computer systems, devices, or software of Gusto Teknoloji or third parties, and not to modify, copy, adapt, reproduce, decompile, or reverse engineer any software used in providing the services or operating the Platform unless absolutely necessary for normal use.

3.9. The User agrees that the use of the Platform may be subject to limitations, including but not limited to monthly transaction and storage volumes, determined entirely at the discretion of Gusto Teknoloji. Such limitations will be specified within the Platform.

3.10. The User is responsible for maintaining backups of the Content uploaded to the Application. While Gusto Teknoloji shall follow necessary policies and procedures to prevent data loss, it does not guarantee that data will not be lost. Gusto Teknoloji shall not be liable for any Content loss regardless of the cause. Gusto Teknoloji will process, store, and use the personal data shared by the User in accordance with Law No. 6698 on the Protection of Personal Data (“KVKK”), the “Personal Data Disclosure Statement,” and the “Policy on Processing and Protection of Personal Data.” Gusto Teknoloji provides Users with access to cloud-based finance, business management, technical service, and custom software applications via the Platform. Users are solely responsible for the Content uploaded to these applications. In this context, Gusto Teknoloji acts as a Data Processor under KVKK regarding the uploaded Content. If the User requests to share the Content in their own account, Gusto Teknoloji has the right to share the Content with other users and business partners for purposes such as invoice delivery, sharing payment information, sending payment reminders, shipping, order confirmation, and online payment collection. The User agrees that they are solely responsible for sharing Content from their account with others and that Gusto Teknoloji has no liability or control in this regard. The User declares and undertakes that, within the scope of this Agreement, they have informed their customers and obtained explicit consent where necessary before sharing their customers’ personal data with Gusto Teknoloji. In the event the User fails to fulfill their obligations, Gusto Teknoloji shall be entitled to demand compensation for any damages incurred (including attorney fees) and the User undertakes to immediately and fully indemnify Gusto Teknoloji upon first demand without the need for any court/official authority decision.

3.11. The User accepts that Gusto Teknoloji may share the User’s information with the relevant authorities upon request as required by applicable laws. Other than that, the User’s information and the details of the transactions carried out via the Platform may be used for the User’s security, fulfillment of Gusto Teknoloji’s obligations, and statistical analysis. This information will be classified and stored in a database, and Gusto Teknoloji may use such data for performance evaluations, marketing campaigns of Gusto Teknoloji and its partners, annual reports, and similar purposes after anonymizing it and storing it for the required duration.

3.12. In the event of technical issues with the Application, the User shall make reasonable efforts to identify and diagnose the issue before contacting Gusto Teknoloji. If technical support is still needed, appropriate support will be provided via the Platform or other suitable channels.

3.13. If communication tools (such as forums, chat tools, or message centers) are provided via the Platform, the User undertakes to use them only for lawful purposes. The User shall not use such tools for product/service sales, sending unsolicited emails, transmitting harmful files, or sharing content that is defamatory or unlawful. The User represents that they are authorized to engage in such communication via the Platform. Gusto Teknoloji is not obligated to monitor the appropriateness or purpose of communications made via the Platform. The same diligence must be shown when using web-based communication tools accessed through or related to the Application. Gusto Teknoloji reserves the right to remove these tools at any time at its sole discretion.

3.14. Gusto Teknoloji reserves the right to amend this Agreement and its annexes without prior notice. Any changes shall take effect upon the User’s next use of the Platform. If the User does not accept the changes, they may terminate this Agreement as set forth in Article 7.

3.15. The User may not assign or transfer their account or the rights and obligations arising from the use of the Platform and this Agreement to any third party.

3.16. The User may delete their Content on the Platform at any time, except for information/documents that Gusto Teknoloji is legally required to retain. A User whose membership has ended will not have access to their account except in cases specified in Articles 7.8 and 7.9.

3.17. If the User violates this Agreement, other conditions on the Platform, or any representations and commitments made therein, Gusto Teknoloji has the right to suspend the User’s membership or immediately terminate the Agreement without compensation. Gusto Teknoloji reserves the right to claim compensation for damages arising from such violations.

3.18. The User acknowledges that Gusto Teknoloji has no responsibility for the username and password entered in the relevant field for using any e-transformation product/service or issuing an e-Archive Invoice without being a registered taxpayer. The User enters such credentials voluntarily and may delete them at any time.

3.19. The User undertakes not to allow any third party to use the confidential and private password, username, user code, and similar access credentials provided to them under this Agreement and will take all necessary precautions to prevent unauthorized access. If these credentials or the User’s e-Tax Office passwords are used by third parties for any reason, Gusto Teknoloji accepts no liability for any damages incurred.

3.20. The User agrees that Gusto Teknoloji may receive support from third-party software providers in delivering services under this Agreement, may store server information domestically or abroad, and may outsource part or all of the services to third-party providers.

3.21. If the User uses the GustoFix module either during the trial period or by purchasing it, the provisions outlined in the Terms of Use on www.gustofix.com shall apply in addition to this Agreement. In case of any conflict between the provisions in the Terms of Use and this Agreement, the provisions of the Terms of Use shall prevail. Gusto Teknoloji reserves the right to unilaterally modify these Terms of Use without notice.

4. Payment Terms

4.1. The User may benefit from the Application only after fully and completely paying the fees stated within the Platform, using the payment methods and under the payment conditions specified therein.

4.2. The User may use the Application without any payment for the period specified within the Platform. Upon expiration of this trial period, the User’s membership shall become a paid membership based on its type, service level, functionality, promotions, or contract duration. Fees, payment conditions, and the effective dates of such fees related to the Application will be published in the relevant sections of the Platform. The User may choose to upgrade or downgrade their membership package at their discretion. Unless otherwise provided by Gusto Teknoloji, such requests will be processed at the end of the current membership term. Any changes to the fees and payment terms during the membership period will not apply until the current term ends; new fees and payment terms will become effective with the start of the new membership term. In the event of termination of the Agreement, including the termination of the membership for any reason during the term, no refunds shall be issued.

4.3. Gusto Teknoloji reserves the right to make any service on the Platform subject to a fee or to remove such fees, with prior notice to the User and without providing any reason. If the User does not wish to pay the fees, they may opt not to use or stop using the respective service.

4.4. The sales prices of the services offered through the Platform by Gusto Teknoloji are available on the GustoFix website at www.gustofix.com. The Company reserves the right to modify these prices at its sole discretion. Changes will be published on the GustoFix website and shall become effective immediately upon publication.

4.5. All additional features requested by the User within the GustoFix application will be provided for an additional fee and only with the approval of Gusto Teknoloji. The User acknowledges and agrees in advance that no request shall be fulfilled without such approval from Gusto Teknoloji.

4.6. Unless otherwise requested by the User at least seven (7) days before the end of each period, the User’s membership will be automatically renewed at the end of each term.

4.7. If the User purchases a prepaid service through the Application, the invoice will be issued to the address provided during registration and sent to the User as an electronic invoice. If the User purchases a postpaid service, they must pay the relevant amount within seven (7) days from the invoice date. The User is responsible for the payment of all taxes and duties related to the applicable fees.

4.8. The User’s credit card, account, and payment information may be stored in order to perform updates related to the User’s membership, payment transactions, and banking integration.

5. Confidentiality

5.1. Gusto Teknoloji and the User agree to keep confidential and not to disclose to any third party, whether directly or indirectly, any information they learn during the execution of this User Agreement concerning each other's services, production, operations, financial status, or any technical information or other matters related to this Agreement, except as required by applicable laws, regulations, or legislation of the Republic of Turkey.

5.2. Gusto Teknoloji and the User shall not use, distribute, or transfer any confidential information received from the other party for any other purpose and shall take the necessary precautions to ensure their employees also comply with these confidentiality obligations.

5.3. Confidential information includes all information exchanged between the parties in written, oral, or electronic form, including but not limited to products, technologies, procedures, programs, financial information and goals, data, know-how, designs, software, customer lists, pricing, and similar materials. Both Gusto Teknoloji and the User shall maintain the confidentiality of such information and take all necessary security measures to prevent unauthorized use.

5.4. The confidentiality obligations set forth in this section shall remain in effect indefinitely, even after the termination of this User Agreement for any reason.

6. Intellectual Property Rights

6.1. All rights, ownership, and interests on the Platform belong to Gusto Teknoloji. Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to use the Platform. No provision of this Agreement or other terms regarding the Platform shall be interpreted as transferring rights or interests related to the Platform to the User. Under this Agreement, the User grants the Company the right to use, copy, transmit, store, and back up their data and Content for the purposes of accessing the Application, using the Application, and providing services. Gusto Teknoloji has the right to sublicense Content to third-party developers for the purpose of delivering services.

6.2. The User shall not, under any circumstance, copy, modify, reproduce, reverse engineer, decompile, or otherwise attempt to access the source code of the software on the Platform, or create derivative works from the Platform. Any modification of the Platform's browser and content, or linking to or from the Platform without Gusto Teknoloji’s explicit consent, is strictly prohibited.

6.3. The User shall not use Gusto Teknoloji’s trade name, trademark, service mark, logo, domain name, etc., in any manner.

7. Limitation of Liability

7.1. The Application, software, and other content within the Platform are provided “AS IS,” and Gusto Teknoloji assumes no responsibility or commitment regarding the accuracy, completeness, or reliability of the Application, software, or content. The User understands and agrees that Gusto Teknoloji does not make any commitments concerning the relationship between Content and other User data. While Gusto Teknoloji aims for uninterrupted and error-free use of the Platform, it does not guarantee such access or availability. The User acknowledges that access to the Platform may be restricted or interrupted at various times, and Gusto Teknoloji shall not be held responsible for such restrictions or interruptions.

7.2. The User acknowledges and declares that the Platform may contain links to other websites and/or portals, files, or content not under the control of Gusto Teknoloji, and that such links do not constitute support for the linked sites or operators, nor do they imply any declaration or warranty regarding the sites or the information contained therein. Gusto Teknoloji assumes no responsibility for the content, services, or products accessed through such links.

7.3. The User agrees that access to and quality of the Application(s) provided via the Platform largely depend on the quality of service provided by the relevant Internet Service Provider and that Gusto Teknoloji holds no responsibility for any issues arising from the quality of such service.

7.4. The User is solely responsible for the content they upload and for their use of the Platform. The User agrees to indemnify Gusto Teknoloji from any claims or demands (including legal fees and attorney costs) made by third parties concerning intellectual property violations, Content, or use of the Platform.

7.5. To the extent permitted by applicable law, Gusto Teknoloji shall not be liable for any direct, indirect, special, incidental, or punitive damages arising from the use of the Platform, including but not limited to loss of profits, goodwill, reputation, or costs incurred for obtaining substitute products or services. Furthermore, Gusto Teknoloji expressly disclaims any and all warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Gusto Teknoloji’s liability under this Agreement, in any case, shall be limited to the amount paid by the User under this Agreement for the services provided up until the date the damage occurred.

7.6. The User is fully responsible for the authenticity, safety, accuracy, and legal and/or ethical compliance of any visual, written, or other information/content published via the Platform through the Site or Applications. In this regard, the User irrevocably acknowledges and agrees that Gusto Teknoloji has no responsibility in these matters and shall be held liable for any damages suffered by Gusto Teknoloji or payments made by Gusto Teknoloji to third parties due to such content. The User further agrees to compensate Gusto Teknoloji for such damages upon first demand, without the need for any court judgment.

7.7. Gusto Teknoloji may claim from the User, without the need for any warning, court order, or third-party approval, compensation for any direct or indirect damages, including but not limited to administrative or judicial fines, and any payments or expenses incurred or to be incurred as a result of third-party claims (including court costs, fines, taxes, duties, fees, and other expenses) arising due to the User.
 

8. Effectiveness and Termination of the Agreement

8.1. This Agreement shall enter into force upon the User’s acceptance in electronic form and shall remain in effect unless terminated by either Party as specified below.

8.2. Either Party may terminate this Agreement at any time without providing any reason and without paying compensation, by giving written notice to the other Party via the email address provided, at least 15 (fifteen) days in advance.

8.3. If either Party fails to fulfill its obligations under this Agreement properly and fully, and such breach is not remedied within the time specified in a written notice from the other Party, the Agreement may be terminated by the notifying Party. In the event of such breach by the User, Gusto Teknoloji reserves the right to suspend the User's status until the breach is resolved. If the User violates applicable laws or regulations, Gusto Teknoloji may terminate the Agreement immediately for just cause.

8.4. Termination of the Agreement shall not affect the rights and obligations accrued by the Parties up to the date of termination. Upon termination, the User shall remain liable for all fees and expenses incurred up to that date and shall no longer have access to the Platform. No refunds shall be made in case of termination of membership.

8.5. If the User’s account remains inactive for a period of 3 (three) months, Gusto Teknoloji may terminate this Agreement.

8.6. If national or international legislation, decisions by official and/or administrative authorities, or internal company procedures applicable to Gusto Teknoloji and its affiliates prevent the provision of services under this Agreement, Gusto Teknoloji may, without prior notice, terminate the Agreement, suspend or terminate the User’s access to the services and/or account. No refunds will be made to the User in such cases.

8.7. In case of global security threats, cyberattacks, or similar events, access to Gusto Teknoloji from relevant countries may be restricted or blocked.

8.8. In the event of termination of this Agreement or expiration of the User's membership, and unless legally restricted, the User may request one-time access to their Content within the first 6 (six) months following the termination date. If the User submits such a request within the specified time, access to the account may be granted for a period determined by GustoFix, not exceeding 48 (forty-eight) hours.

8.9. At its sole discretion, Gusto Teknoloji may charge a fee for Content access requests submitted after the expiration of the 6 (six) month period specified in clause 8.8. Such fees will be determined based on the Application and the cost of storing the Content and will be communicated to the User.

9. Amendments

The provisions of this Agreement and the Terms of Use may be amended by GustoFix. Users will be informed about the updated version of the Agreement through electronic means and/or via the Platform. It is the User's responsibility to follow such update notifications. Upon such notification, the updated version of the Agreement and Terms of Use shall be deemed effective.

10. Miscellaneous Provisions

10.1. The invalidity, illegality, or unenforceability of any provision or clause of this Agreement shall not affect the validity or enforceability of the remaining provisions of the Agreement.

10.2. This Agreement and its annexes constitute a whole. In case of any inconsistency between the Agreement and its annexes, the provisions of the relevant annexes shall prevail.

10.3. Communication with the User will be made through the mobile phone number provided during registration or via general notices on the Platform. Communications made via email shall be deemed as written communication. It is the User's responsibility to keep their email address up to date and to regularly check the Platform for notifications.

10.4. Turkish law shall apply to the interpretation of this Agreement and to all disputes arising from this Agreement and its annexes; İzmir Central Courts and Enforcement Offices shall have jurisdiction.