1.1. Your use of Camekan’s products, software, services and websites (collectively referred to herein as the “Services” and shall not include any services provided to you by Camekan under a separate written agreement) is subject to the terms of a written agreement between you and Camekan. “Camekan” means Camekan, A.Ş., whose principal place of business is Huzur Mah. No:114 Skyland Istanbul Office Tower Floor:26 Office :375 Sariyer Istanbul. This document explains what the agreement consists of and specifies some of the terms.
1.2. Unless otherwise agreed in writing with Camekan, your agreement with Camekan will always include, at a minimum, the terms and conditions set forth in this document. These terms and conditions are referred to below as the “General Terms”.
1.3. In addition to the General Terms, your agreement with Camekan will also include the terms of the Legal Notices for the Services you use. The Legal Notices are referred to below as the “Additional Terms”. If there are Additional Terms for a Service, these Additional Terms will be provided to you for you to read during or during your use of that Service.
1.4. The General Terms and Additional Terms constitute a legally binding agreement between you and Camekan regarding your use of the Services. It is very important that you take the time to read these documents. This legal agreement is referred to below as the “Terms”.
1.5. In case of conflict between the Additional Terms and the General Terms, the Additional Terms for the Service shall prevail.
2.1. In order to use the Services, you must first accept the Terms. If you do not accept the Terms, you may not use the Services.
2.2. You may accept the Terms in the following ways:
(A) By clicking on the option to accept the Terms when given by Camekan in the user interface for any Service; or
(B) By signing the submitted agreement; or,
(C) By using the Services. In such case, you understand and agree that Camekan will consider your use of the Services as acceptance of the Terms from the moment of use.
2.3. If (a) you are not of legal age to form a binding contract with Camekan, or (b) you are barred from receiving the Services under the laws of the Republic of Turkey or any other country, including the country in which you reside or use the Services, you may not use the Services and may not accept the Terms.
2.4. Before proceeding, you should print and retain a local copy of the General Terms for your records.
3.1. Camekan is constantly renewing itself in order to provide the best possible service to its users. You acknowledge and agree that the Services provided to you by Camekan may change from time to time in terms of form and content without prior notice to you.
3.2. Within the scope of continuous renewal, you acknowledge and agree that Camekan may generally, at its sole discretion and without prior notice, stop providing the Services (or any features within the Services) to you or to users in general (permanently or temporarily). You may also stop using the Services at any time. You do not have to specifically notify Camekan when you stop using the Services.
3.3. If Camekan disables your access to your account, you acknowledge and agree that you may be prevented from accessing the Services, your account details or any files or other content located in your account.
3.4. Although Camekan has not yet set any upper limits on the number of messages you may send or receive through the Services or the storage space used in providing any Service, you acknowledge and agree that such upper limits may be set by Camekan at any time in its sole discretion.
4.1. In order to access certain Services, or as part of your continued use of the Services, you may be required to provide certain information about yourself (such as your identity or contact details). You agree that the registration information you provide to Camekan will always be complete, accurate and up-to-date.
4.2. You agree to use the Services only for purposes permitted by (a) the Terms and (b) any applicable laws, regulations or generally accepted practices or rules in the relevant jurisdictions, including any laws regarding the export of data and software to and from the Republic of Turkey or other relevant countries.
4.3. Unless specifically permitted by a separate agreement between you and Camekan, you agree not to access (or attempt to access) the Services through any means other than through the interface provided by Camekan.
4.4. You agree not to engage in any activity that interferes with or disrupts the Services (or the servers or networks connected to the Services).
4.5. Unless specifically permitted by a separate agreement between you and Camekan, you agree not to reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6. You agree that you are solely responsible for (and that Camekan shall not be liable to you or any third party for) any breach of your obligations under the Terms and for the consequences thereof (including any loss or damage that Camekan may suffer).
5.1. You acknowledge and understand that you are responsible for maintaining the confidentiality of your passwords associated with all accounts you use to access the Services.
5.2. Accordingly, you agree that you will be solely responsible to Camekan for all activities that occur under your account.
5.3. You agree to notify Camekan immediately if you become aware of any unauthorized use of your password or account.
6.1. You agree to the use of your data in accordance with Camekan’s privacy policies.
7.1. You understand that all information (such as data files, written text, computer software, music, audio files and other sounds, photographs, videos or other images) that you access as part of or through your use of the Services is the responsibility of the person from whom such content originated. Such information is referred to below as ‘Content’.
7.2. You should be aware that the Content presented to you as part of the Services, including but not limited to advertisements on the Services and Content in sponsor advertisements within the Services, may be protected by intellectual property rights belonging to the sponsors or advertisers (or other persons or companies on their behalf) who provide such Content to Camekan. You may not modify, rent, lease, lend, sell, distribute or create derivative works from the Content (in whole or in part) unless specifically permitted by Camekan or the owners of the Content in a separate agreement.
7.3. Camekan reserves the right (but has no obligation) to pre-screen, review, highlight, screen, modify, reject or remove Content from any Service. For some Services, Camekan may provide you with tools to screen out explicit content. These tools include SafeSearch preference settings. Commercial software and services are also available to limit access to content that you find objectionable.
7.4. You understand that by using the Services, you may be exposed to Content that you find offensive, indecent or objectionable, and that you use the Camekan Services at your own risk.
7.5. You acknowledge that you are solely responsible for (and that Camekan has no liability to you or any third party for) any Content you create, transmit or display while using the Services, and for the consequences of your actions (including any loss or damage that Camekan may incur).
8.1. You acknowledge and agree that Camekan (or Camekan’s licensors) own all legal rights, title and interest in and to the Services, including all intellectual property rights subsisting in the Services (whether or not such rights are registered and wherever in the world they may exist). You also acknowledge that the Services may contain certain information that Camekan has designated as confidential, and that you may not disclose such information without Camekan’s prior written consent.
8.2. Unless otherwise agreed with Camekan, nothing in these Terms grants you any right to use Camekan’s trade name, trademark, service mark, logo, domain name or other distinctive brand features.
8.3. If you are expressly granted the right to use any of these brand features by a separate written agreement with Camekan, you agree that your use must be in accordance with the provisions of this agreement, the relevant provisions of the Terms and Camekan’s rules regarding the use of brand features, as updated from time to time.
8.4. Except for the limited license set forth in Section 11, Camekan acknowledges and agrees that under these Terms it does not acquire from you (or your licensor) any rights, title, or interest, including any intellectual property rights (whether registered or not and wherever in the world they may exist) in or to the Content you submit, post, transmit or display on or through the Services. Unless we agree otherwise in writing with Camekan, you agree that you are responsible for protecting and enforcing such rights, and Camekan has no liability to you in this regard.
8.5. You agree not to remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) incorporated or incorporated into the Services.
8.6. Unless expressly authorized in writing by Camekan, you agree not to use the trademarks, service marks, trade names, or logos of other companies or organizations in your use of the Services in a manner that is likely or intended to create confusion about the owner or authorized user of such marks, names, or logos.
9.1. Camekan grants you a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to use the software that Camekan provides as part of its Services (hereinafter referred to as the “Software”). The sole purpose of this license is to enable you to use and benefit from the Services provided by Camekan in the manner contemplated by the Terms.
9.2. Unless expressly permitted or required by law or specific written permission given by Camekan, you may not copy, modify, create new works from the Software, reverse engineer, decompile or otherwise attempt to decipher the source code of the Software or any part of this code (nor may you permit a third party to do so).
9.3. Unless Camekan gives you specific written permission, you may not transfer your rights to use the Software (or sublicense such rights), grant a security interest in these rights or otherwise transfer any part of these rights.
9.4. The application of promotional coupons for Google ads for the company is at Camekan’s discretion. Accounts to which promotional coupons will be applied must comply with Google Policies and Google Ads terms and conditions documents. Promotional coupons can be presented to the company free of charge for customers who meet these conditions.
9.5. 18% of the payment amount is paid to Camekan, which is exclusive to Value Added Tax. Camekan is liable to pay the VAT amount to the treasury.
10.1. You retain the copyright and any other rights you already own in the Content you submit, post or display on or through the Services. By submitting, posting or displaying Content, you grant Camekan a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content you submit, post or display on or through the Services. This license is for the sole purpose of enabling Camekan to display, distribute, and promote the Services, and may be revoked for certain Services as set forth in the applicable Additional Terms.
10.2. You acknowledge that this license grants Camekan the right to disclose such Content to other companies, organizations, and individuals with whom it is affiliated for joint services and to use such Content in connection with the provision of such services.
10.3. You understand that in performing the necessary technical steps to provide the Services to our users, Camekan may (a) transmit or distribute Your Content over various public networks and in various media; and (b) make changes to Your Content as necessary to conform and adapt Your Content to the technical requirements of such connected networks, devices, services, or media. You acknowledge that this license permits Camekan to do these things.
10.4. You confirm and warrant that you have all rights, power and authority necessary to grant the above license to Camekan.
11.1. The Software you use may be automatically updated from time to time by Camekan. You agree to receive (and permit Camekan to deliver) such updates as part of your Services.
Camekan service fees to be incurred regarding account management may vary between 1% and 30% depending on the contract term, monthly spending amounts, and workload of the accounts to be opened.
Promotional credits are added to accounts without any deductions for companies that accept and comply with the promotional credit terms.
VAT and internet advertising tax are not included in the contract amount.
13. Termination of Your Relationship with Camekan
13.1. The Terms shall apply unless terminated by you or Camekan as set forth below.
13.2. You may terminate the legal agreement between you and Camekan by (a) notifying Camekan that you are terminating the Terms and (b) closing any accounts you have on the Services that Camekan has given you the option to close. Your notice must be sent in writing to Camekan at the address provided at the beginning of these Terms.
13.3. Camekan may terminate its legal agreement with you if:
(A) you breach any provision of the Terms (or act in a manner that clearly demonstrates that you do not intend or are unable to comply with any provision of the Terms); or
(B) Camekan is required to do so by law (for example, if the provision of the Services to you is or has become unlawful); or
(C) Camekan’s partner in the Services to you has terminated its relationship with Camekan or has ceased to provide the Services to you; or
(D) Camekan is about to cease providing the Services to the country in which you reside or use the Services; or
(E) Camekan’s provision of the Services to you is commercially unsuitable for Camekan.
13.4. This section does not affect Camekan’s rights in relation to the provision of the Services set out in Section 4.
13.5. When these Terms come to an end, all legal rights, obligations and liabilities which you and Camekan have benefited from or suffered (or which have accrued during the period in which the Terms have been in force) or which are expressly stated to continue indefinitely shall be unaffected by this termination and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14.1. The Services are provided “as is” and Camekan, its Affiliates and Subsidiaries, and its licensors make no warranties of any kind with respect to the Services.
14.2. Camekan, its Affiliates and Subsidiaries and their licensors specifically do not represent or warrant that:
(A) the Services will meet your expectations,
(B) your use of the Services will be uninterrupted, timely, secure or error-free,
(C) the information obtained through your use of the Services will be complete and reliable,
(D) defects in the operation and functionality of the Software provided to you as part of the Services will be corrected.
14.3. No terms, warranties or conditions (including implied terms of satisfactory quality, fitness for purpose or conformity to specification) apply to the Services other than as expressly set forth in the Terms.
14.4. Nothing in the Terms affects any rights that you have as a consumer which you cannot contract to change or waive.
15.1. Nothing in the Terms excludes or limits Camekan’s liability for damages that cannot be legally excluded or limited under applicable law.
15.2. 14.1 above. Subject to the general provision in paragraph 1, Camekan, its Affiliates and Subsidiaries and its licensors shall not be liable to you for:
(A) any direct or indirect damages you may suffer. These damages include loss of profits (whether direct or indirect), loss of goodwill or business reputation, or loss of data.
(B) Any losses and damages you suffer as a result of:
(i) your reliance on the accuracy, completeness or existence of advertisements or any relationship or transaction between you and advertisers or sponsors;
(ii) any change Camekan makes to the Services or any permanent or temporary suspension of the provision of the Services (or any feature thereof);
(iii) the deletion, corruption or failure to store data maintained or transmitted through or as a result of your use of the Services;
(iv) your failure to provide Camekan with accurate account information;
(v) your password or account details to be kept secure and confidential. your failure to keep it.
15.3. The limitations on liability of Camekan set out in paragraph 14.2 above shall apply regardless of whether Camekan has been advised of or should have been aware of the possibility of such damages.
16.1. It is Camekan’s policy to respond to notices of copyright infringement that comply with international intellectual property law (including the Copyright Act of the Republic of Turkey) and to terminate the accounts of repeat infringers.
16.2. Camekan has a specific procedure for handling copyright complaints regarding advertising.
17.1. Some Services are supported by advertising revenue and may include advertising and promotions. These advertisements may target the content of the information contained in the Services, questions asked through the Services, and other information.
17.2. The concept, style and extent of advertising by Camekan on the Services are subject to change without specific notice to you.
17.3. In consideration for Camekan making the Services available to you for access and use, you agree that Camekan may place such advertising on the Services.
18.1. The Services may provide links to other websites, content or resources. Camekan may not have control over websites or resources provided by companies or individuals other than Camekan.
18.2. You acknowledge that Camekan is not responsible for the availability of such external sites or resources, and does not endorse any advertising, products or other material found on such websites or resources.
18.3. You acknowledge that Camekan is not responsible for any loss or damage that you may incur as a result of the existence of such external sites or resources or your reliance on the integrity, accuracy or availability of any advertising, products or other material on or accessible from such websites or resources.
19.1. Camekan may change the General Terms or Additional Terms from time to time. When such changes are made, Camekan will make a new copy of the General Terms accessible on the Camekan pages and the new Additional Terms will be made available in or with the Services affected by the changes.
19.2. If you use the Services after the date on which the General Terms or Additional Terms change, you understand and agree that Camekan will consider your use as acceptance of the updated General Terms or Additional Terms.
20.1. Sometimes when you use the Services (as a result of or through these Services), you may use a service or download software or purchase products offered by another person or company. Your use of these other services, software or products will be subject to different terms between you and the person or company concerned. In such case, the Terms will not affect your legal relationship with such other company or person.
20.2. The Terms constitute the entire legal agreement between you and Camekan and govern your use of the Services (excluding any services that Camekan may provide to you under a separate written agreement) and completely replace any prior agreements between you and Camekan regarding the Services.
20.3. You agree that Camekan may send you notices of changes to the Terms by electronic mail, regular mail or postings on the Services.
20.4. You acknowledge that Camekan’s failure to enforce or exercise any legal right or remedy contained in the Terms (or any applicable law in Camekan’s favor) shall not be deemed a formal waiver of Camekan’s rights, and that such rights or remedies shall continue to apply to Camekan.
20.5. If any court of law having jurisdiction decides that any provision of the Terms is invalid, such provision shall be severed from the Terms without affecting any other provision of the Terms. The remaining provisions of the Terms shall continue to be valid and enforceable.
20.6. You acknowledge that the members of the group of companies of which Camekan is the parent are third party beneficiaries of the Terms. These companies shall be entitled to directly enforce and rely on any provision of the Terms that benefits (or is in their favor). Apart from this, no person or company shall be a beneficiary of the Terms.
20.7. The Terms, and your relationship with Camekan under these Terms, are governed by the laws of the Republic of Turkey. You and Camekan agree to submit to the exclusive jurisdiction of the courts of the Republic of Turkey for the resolution of any legal matter arising out of the Terms. You also agree that Camekan may seek injunctive relief (or similar urgent legal remedies) in the courts of other countries.
21.1. T.R. As reported in the Ministry of Finance Corporate Tax Circular/1, dated 28/10/2003, numbered KVK-1/ 2003-1 / Technology Development Zones – 1, the Support and Exemptions that Camekan benefits from are explained in the following information: (http:/ /iztekgeb.iyte.edu.tr/pdf/kurumlar_vergisi_1nolu_sirkuler.pdf)
(A) Income and corporate taxpayers in the Region, exclusively software and R&D in this Region The profits they obtain from production activities based on , are exempt from income and corporate taxes for a period of five years from the date of commencement of activity. The Council of Ministers may extend the period for up to ten years for selected, targeted, and specific technological areas and products.
21.2. Activities included in the exemption scope:
(A) Research and Development (R&D): Obtaining new information that will enable the development of science and technology or producing new materials, products and tools with existing information , regular work done to create new systems, processes and services, including software production, or to improve existing ones,
(B) Software: A computer, communication device or information technology It is defined as the entirety of the documents and services, including the command sequence or programs and their code lists, operating and user manuals, that enable another device based on it to operate and perform the necessary operations on the data given to it.
21.3. Other Deductions within the Scope of Corporate Tax: (http://www.gib.gov.tr/index.php?id=1079&uid=9QMABYVJ5MT5BGAR&type=madde)
( 1) In determining the corporate tax base; The following deduction is made from corporate income, provided that it is shown separately on the corporate tax return:
a) Taxpayers’ exclusive search for new technology and information within their businesses (as amended by Article 5 of Law No. 5746 (paragraph) will be calculated as 100% of the amount of research and development expenses(*) “R&D discount”.
OPTION 1:
In this option, payment is made to Camekan via credit card or bank transfer. The services you can benefit from with this option are as follows:
- Account setup, all necessary arrangements made by Google Ads certified experts in line with your advertising strategies
- Free promotional coupons and additional budget campaigns
- Real-time changes thanks to Google Ads API integrated management panel
- Free phone support between 08:30 – 18:15 li>
- Online support between 08:30 – 18:15
- 24/7 email support
- Regular account optimization to increase your ad position and quality score (% of your costs (Can be reduced to 85)
- Your special customer representative and the opportunity to meet this representative face to face
- Online training and information service on Google Ads features and strategies
- Opening your Google Analytics account, creating your codes, integration and reporting upon request
- Creating and integrating your Google Guide/Maps/Earth account upon request
- Creating ads for Google Image searches upon request
- Search Engine Optimization (SEO) consultancy and reporting upon request
- Preparation of banners for display advertising network upon request
- Invoicing and delivery of your invoice to your postal address via cargo or e-mail delivered to your address (All taxes are included. You can use your invoices for your expenses)
OPTION 2:
In this option, payment is made directly to Google accounts abroad. A service fee of 5% to 20% is charged on the managed advertising budget, depending on the size of your budget. No billing is made for your advertising budget. Only the service fee is billed. The minimum payment amount is 1000TL. The services you can benefit from with this option are as follows:
- Creating an account, adding 150 TL ad balance to the account
- Account setup, all necessary arrangements made by Google Ads certified experts in line with your advertising strategies
- Google Ads read-only access (User does not have the opportunity to make changes in this access type)
- Consulting support via e-mail (Consulting is not provided via phone)
- The customer is responsible for the tax size, rates and payment of the payment made to Google.
- The customer is responsible for any problems regarding payment, additional service fees that may be requested by Google, and fluctuations in exchange rates in payments made abroad.
OPTION 3:
In this option, payments are made directly to Google accounts abroad. In this option, your advertising budget is not billed. The minimum payment is 1000 TL. Only the service fee is billed. In addition to the 150 TL account opening, an offer is made according to the service you want to receive. Only a one-time account setup fee is charged. The services you can benefit from with this option are as follows:
- Creating an account, adding 150 TL ad balance to the account
- Account setup, all necessary arrangements made by Google Ads certified experts in line with your ad strategies
- Google Ads management access (In this option, the company is given Google Ads management access, no consultancy is provided, the company does all the ad management itself, is responsible for the management, follow-up and all possible problems that may occur)
- No support is provided by phone or e-mail after the account opening is completed
- The customer is responsible for the tax size, rates and payment of the payment made to Google.
- The customer is responsible for any problems regarding payment, additional service fees that may be requested by Google, and fluctuations in exchange rates in payments made abroad.
OPTION 4:
In this option, payment is made directly to Google accounts abroad. In this option, your advertising budget is not billed. Only the 150TL service fee is billed. The services you can benefit from with this option are as follows:
- Creating an account, adding a 150TL ad balance to the account.
- Account setup is not done with this option.
- Google Ads management access. (In this option, the company is given access to Google Ads management, no consultancy is provided, the company does all the advertising management itself, is responsible for the management, follow-up and any possible problems that may occur.)
- No support is provided by phone or e-mail after the account opening is completed.
- The customer is responsible for the tax size, rates and payment of the payment made to Google
- The customer is responsible for any problems regarding payment, additional service fees that may be requested by Google, and fluctuations in exchange rates in payments made abroad