This End User License Agreement ("Agreement") is entered into between MaestroHub Yazılım Anonim Şirketi ("MaestroHub") and the natural or legal person ("User") who installs, accesses, or uses the software and related services offered by MaestroHub ("Software"). By accessing or using the Software, the User shall be deemed to have accepted this Agreement.
Article 1: Grant of License
MaestroHub grants the User a non-exclusive, non-transferable, non-sublicensable, time-limited, and revocable right to use the Software owned by MaestroHub under this Agreement. The usage right is limited to the User's internal business operations and may only be used within the two-hour session-based usage model. In any case, the usage right may vary depending on the subscription system mutually agreed upon between MaestroHub and the User. No rights other than those expressly stated in this Agreement and its annexes are granted to the User.
Article 2: Usage Restrictions and Prohibited Actions
The User agrees, declares, and undertakes not to use the Software, without MaestroHub's express written consent: (i) outside the scope of the license; (ii) to make it accessible to third parties; (iii) to perform reverse engineering or attempt to reveal the source code; (iv) to bypass technical protections including session limits; (v) to modify, adapt, translate or create derivative works; (vi) to reproduce, distribute, sell, or rent the Software; (vii) to use it for providing services to third parties; (viii) to remove copyright or ownership notices; (ix) to develop competing products; (x) to interfere with the operation of the Software; and (xi) to use it in violation of applicable law or third-party rights.
The User additionally agrees not to:
- Interfere with, disrupt, or hinder any technique, process, or operation under MaestroHub's control, or the regular operation of the Software.
- Transmit, upload, or share any content that is unlawful, criminal, threatening, defamatory, insulting, obscene, vulgar, harassing, disturbing, or contrary to public morals, and shall comply with all national and international legislation.
- Impersonate any person or entity, misrepresent identity or authorization, or transfer account information or give unauthorized access to third parties.
- Interfere with servers, networks, or infrastructure; overload systems; or violate access or security protocols.
- Upload or transmit any content violating third-party copyrights, trademarks, patents, designs, personal data, or privacy rights without authorization.
- Collect or use other users' personal data for any unlawful purpose.
- Use the Software for developing or improving competing products.
- Upload or transmit viruses, trojans, worms, malware, or any harmful components; send spam or unsolicited communications.
- Use any software, hardware, script, code, or tool that disrupts or limits the functionality of the Software.
Article 3: Rights and Obligations
- The User agrees to use the MaestroHub Software solely in accordance with the terms set forth in this Agreement, the technical and usage rules established by MaestroHub, and all applicable laws and regulations.
- The User is fully responsible for all access to the Software made using the User's own credentials, as well as for the acts and omissions of its employees, contractors, or other individuals. The User is also solely responsible for securely managing the systems on which the Software is installed and any access credentials. Any unauthorized access or misuse of the Software shall be deemed the User's own use.
- All User data provided during or after the download and use of the Software must always be complete, accurate, and up to date. The User is obligated to keep access credentials confidential; any liabilities arising from loss of such credentials or their use by third parties shall rest solely with the User. MaestroHub may process User data only for the purposes of providing, maintaining, supporting, and improving the Software.
- All intellectual property rights in the Software belong exclusively to MaestroHub. However, the User is solely responsible for any content or data uploaded to the Software. MaestroHub assumes no responsibility for any content, tools, or services provided by third parties.
- The User shall access and use the Software and related services only through MaestroHub's website, applications, or other websites designated by MaestroHub, and solely in the manner prescribed by MaestroHub.
- Certain credentials such as usernames, passwords, or similar elements may be assigned to the User. In case the User forgets or loses such information, MaestroHub may assist the User in regaining access to the Software but shall not be liable for any damages arising from such circumstances.
- If MaestroHub determines that the User has violated the representations and commitments under Article 2 of this Agreement or has engaged in prohibited activities, MaestroHub shall bear no liability for damages arising from such actions. MaestroHub reserves the right to terminate or suspend the User's account or Software license, or permanently cancel it, and to initiate legal action.
- MaestroHub reserves the right to modify the services and content offered through the Software at any time, without prior notice or announcement.
- The User acknowledges that MaestroHub may be legally required to disclose information to competent authorities. In the event such information is requested by official authorities, MaestroHub is authorized to disclose User information acquired within the Software, and the User agrees that no compensation may be claimed from MaestroHub for such disclosures.
- MaestroHub endeavors to operate the Software continuously, flawlessly, securely, and free of viruses. However, MaestroHub shall bear no liability for any interruptions, partial or incomplete service delivery, or other issues arising from circumstances inherent in normal business operations, external factors beyond MaestroHub's control, or MaestroHub's unilateral decisions. MaestroHub does not assume any result-based obligations with respect to service performance. MaestroHub may take any necessary measures or implement changes to ensure the proper functioning and security of the Software without prior written consent or notice.
- Support and maintenance services are provided in accordance with MaestrhHub's support policies, which may be updated from time to time. MaestroHub may provide updates or improvements at its discretion. All updates become part of the Software and are subject to this Agreement. MaestroHub reserves the right to discontinue support for older versions at any time.
- Audit Rights: MaestroHub may, upon reasonable prior notice and no more than once every six (6) months, conduct audits to verify the User's compliance with this Agreement, provided that such audits do not unreasonably disrupt the User's operations. If MaestroHub identifies any non-compliance, the User shall immediately remedy the violation and/or deficiency.
- The User and MaestroHub are legally independent parties. No partnership, agency, employment, or joint venture relationship is created by the execution or performance of this Agreement.
Article 4: Payment and Refund Policy
- The User shall pay all fees for use and licensing according to the terms stated in this Agreement or during ordering.
- Failure to pay may result in suspension or termination of the license.
- Fees may be changed by MaestroHub with written or electronic notice; continued use constitutes acceptance.
- The User is responsible for all taxes and bank/transaction fees.
- As the Software is delivered digitally and immediately upon payment, no refunds shall be issued.
- MaestroHub is not liable for access issues caused by User's bank or payment failures. License rights apply only to Users who have paid.
Article 5: Ownership Rights
All content provided and accessible within the software and services belonging to MaestroHub, including text, writings, articles, photographs, images, pictures, audio clips, videos, software programs, computer code and similar elements, belongs to MaestroHub and/or the licensors authorized to provide such content, and is protected under the Law No. 5846 on Intellectual and Artistic Works as well as foreign intellectual property laws and other applicable legislation. This protection also includes copyright. In addition, MaestroHub content is also protected by foreign copyright laws relating to derivative works and compilations. The User is obliged to comply with the copyrights, additional notices, warnings, and restrictions regarding the Software belonging to MaestroHub and the content presented within the Software. Any use not expressly stated in this Agreement and not expressly and in writing permitted by MaestroHub, including reproduction, modification, translation, dissemination, distortion, public display, exhibition, distribution, marketing, rental, performance, publication on the internet, retransmission, or use and exploitation by other means of the Software or the content, is strictly prohibited. MaestroHub, without limitation to those listed in this clause, reserves all copyrights within the meaning of Article 36 of Law No. 5846 (FSEK) in relation to all content concerning the Software. The specified content may not be used without permission, even if cited as the source. Otherwise, the user shall be liable to compensate MaestroHub for any damages incurred by third parties, including licensors, as well as court costs, attorney fees, and all other liabilities.
Article 6: Personal Data
MaestroHub may process, share, and transfer any information belonging to the User and obtained from the User for the performance of this Agreement for purposes such as the use of the Software, improving service quality, advertising targeting, enabling services to be provided through MaestroHub's solution partners and business affiliates, and in cases where any legal obligation arises.
In any event, MaestroHub shall not be liable for any reading and/or use of User data by unauthorized persons, any unlawful acquisition of such data by third parties, or any direct or indirect loss or damage that may occur to any User and/or third parties as a result of such circumstances. For more information, please refer to MaestroHub's Privacy Policy.
Article 7: Term and Termination
This Agreement remains valid as long as the User continues to use the Software and pay subscription fees unless MaestroHub issues a new agreement.
In case of violation, MaestroHub may immediately terminate the license and Agreement. Upon termination, the User must delete or destroy all copies and materials. Termination does not eliminate MaestroHub's rights to compensation.
Article 8: Miscellaneous
Force Majeure
Events that occur outside the control and will of MaestroHub, beyond its reasonable control, and which prevent either Party from fulfilling its obligations under this Agreement, including but not limited to war, acts of terrorism, earthquakes, fire, floods, or other unforeseeable natural disasters, shall be considered force majeure events. In such cases, MaestroHub shall not be liable for any failure or delay in the performance of its obligations arising from the force majeure event.
Amendments
MaestroHub may amend or modify this Agreement unilaterally, without obtaining the User's consent, for reasons such as ensuring service continuity or compliance with applicable laws and regulations. The amended Agreement shall become effective upon publication, and the User shall be subject to the terms of the updated Agreement from that moment onward.
Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions. Any invalid or unenforceable provision shall be deemed replaced with a valid and enforceable provision that most closely reflects the intent of the original, unless the invalidity or unenforceability of such provision renders the entire Agreement void due to its essential nature.
Governing Law and Dispute Resolution
This Agreement shall be interpreted in accordance with the laws of the Republic of Türkiye, and the rights and obligations of the Parties shall be governed exclusively by such laws. Any disputes arising out of or in connection with the implementation or interpretation of this Agreement shall be subject to the exclusive jurisdiction of the Istanbul (Çağlayan) Courts and Enforcement Offices.