USER AGREEMENT

1. Parties

This User Agreement (the "Agreement") is entered into between Seenooks Software and Information Technologies Inc. ("Company" or "Seenooks"), located at Üçevler Mah. 72.(220) Sokak, Aknil Plaza No:6, D:17, Nilüfer - Bursa, with tax identification number 7580634537, and the User who purchases a monthly subscription or creates a trial membership through the website www.seenooks.com or app.seenooks.com (the "Site") and/or via the AR Capture: LiDAR 3D Scan mobile application (the "Application") accessible through mobile devices, tablets, and other supported technological tools.

This Agreement becomes effective upon electronic acceptance by the User and remains in force unless terminated in accordance with the provisions specified herein. In this Agreement, Seenooks and the User shall be referred to individually as a "Party" and collectively as the "Parties".

2. Subject and Scope of the Agreement

2.1. This Agreement governs the User’s right and authorization to use the Application under a Subscription Model, subject to the terms and conditions specified herein. It also defines the rights and obligations of the Parties concerning the services provided under this Agreement.

2.2. The purpose of this Agreement is to establish the terms and conditions related to the User’s access to and use of the Site and/or Application, including any data uploaded by the User ("Content").

2.3. The Site and/or Application provide 3D model creation and storage services ("Product") offered by Seenooks to Users. In this Agreement, the Site and/or Application will be collectively referred to as "Platform".

2.4. The terms, conditions, and rules of use ("Terms of Use") related to the Platform are published on the respective Platform. The Terms of Use form an integral part of this Agreement. The User acknowledges that these Terms of Use take effect upon publication and that Seenooks reserves the right to unilaterally modify them at any time without prior notice. The User is responsible for following updates and acknowledges that the Terms of Use, along with this Agreement, constitute the complete set of rights and obligations between the Parties.

3. Establishment of the Agreement

3.1. The User acknowledges and agrees that they have read and understood the Agreement, are aware of their rights and obligations, and voluntarily accept all its provisions without coercion.

3.2. The Parties confirm that the obligations set forth in this Agreement are proportionate, fair, and appropriate for the nature of the services provided.

3.3. The Agreement is prepared in compliance with Turkish Code of Obligations No. 6098. The User has reviewed its binding and content, and none of its provisions are considered unfair terms.

4. Rights and Obligations of the Parties

4.1. User Information: The User is required to provide complete, accurate, and up-to-date information when signing up. If there are any changes, the User must immediately update their details. The Company is not responsible for any inability to access or use the Platform due to incorrect, incomplete, or outdated information.

4.2. Legal Capacity: The User confirms that they are at least 18 years old and legally capable of entering into this Agreement. If accessing the Platform on behalf of a business, the User declares that they have the necessary authority to do so.

4.3. Account Restrictions: Each User may create only one account. If the User’s account is suspended or terminated, creating a new account using the same or different information is strictly prohibited.

4.4. Security Responsibility: The User is responsible for protecting the confidentiality of their password and login credentials. Any action taken through the account will be deemed as performed by the User.

4.5. Permitted Use: The User agrees to use the Platform only for lawful purposes and in accordance with all applicable laws and regulations. Unauthorized or harmful activities (such as hacking, malware distribution, or copyright violations) are strictly prohibited.

4.6. Authorized Users: The User may authorize third parties ("Authorized Users") to use the Platform under their account. The User is fully responsible for their actions and must ensure they comply with this Agreement.

4.7. User Content: The User retains ownership of their uploaded Content but grants Seenooks a license to store, use, and process such Content within the scope of the Platform’s services.

4.8. Data Security: Seenooks implements reasonable security measures but does not guarantee that data loss will never occur

5. Payment Terms

  • 5.1. The User may access the Platform's services only after full and timely payment of applicable fees.
  • 5.2. A free trial period may be offered, after which the User must subscribe to continue using the Product.
  • 5.3. Subscription fees and payment terms are displayed on the Platform. If the Company changes its pricing, Users will be notified before the next billing cycle.
  • 5.4. If the User does not cancel before the subscription period ends, the subscription will automatically renew.
  • 5.5. No refunds will be issued for cancellations or terminations.

6. Confidentiality

  • 6.1. Both Seenooks and the User agree to keep all confidential information private and not disclose it to third parties.
  • 6.2. The obligation of confidentiality remains in effect even after this Agreement is terminated.

7. Intellectual Property Rights

  • 7.1. The Platform and all related intellectual property rights belong exclusively to Seenooks. The User is granted a non-exclusive, non-transferable license to use the Platform
  • 7.2. The User may not copy, modify, reverse-engineer, or create derivative works from the Platform.

8. Limitation of Liability

  • 8.1. The Platform is provided "AS IS", and Seenooks makes no guarantees regarding uninterrupted, error-free access.
  • 8.2. Seenooks is not liable for direct, indirect, or consequential damages, including data loss or service interruptions.
  • 8.3. The User is fully responsible for any third-party claims arising from their use of the Platform.

9. Termination of the Agreement

  • 9.1. This Agreement remains in effect until terminated by either Party.
  • 9.2. Either Party may terminate the Agreement without cause by providing electronic notice.
  • 9.3. Seenooks may immediately terminate the Agreement if the User violates any terms.
  • 9.4. If the User’s account remains inactive for three months, Seenooks may terminate the Agreement.
  • 9.5. In the event of termination, the User will lose access to the Platform, and no refunds will be issued.

10. Amendments

10.1. Seenooks reserves the right to modify this Agreement at any time. The User is responsible for reviewing updates.

11. Governing Law and Dispute Resolution

  • 11.1. This Agreement shall be governed by Turkish Law.
  • 11.2. Any disputes arising from this Agreement shall be settled in the Courts of Bursa, Turkey.