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Terms and Conditions

Terms and Conditions of Use

These Terms and Conditions of Use (“Terms of Use”) apply to the Segmentify Website at segmentify.com (“Segmentify Website”) owned and operated by Segmentify Yazılım A.Ş. (“Segmentify”), or any of its wholly owned subsidiaries, and to use of the tools and services (“Services”) provided on the Segmentify Website. Segmentify Website is the property of Segmentify and BY CREATING AN ACCOUNT, USING ANY OF THE SEGMENTIFY WEBSITE OR SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE SEGMENTIFY WEBSITE.

Segmentify reserves the right, at its discretion, to change, modify, amend, add or remove any part of these Terms of Use at any time. It is your sole responsibility to refer periodically to these Terms of Use to check for changes. Continuing to use the Segmentify Website or services following any changes to these Terms of Use signifies agreement to any amendments made to these Terms of Use.

Content

All text, images, user interfaces, video media, artwork, computer code (including but not limited to HTML, JavaScript, Action Script and XML) and Cascading Style Sheets (collectively known as “Content”), including but not limited to the design, structure, general “look and feel” of the Segmentify Website, and software used to provide the Services is owned or licensed by or to Segmentify or one of its wholly-owned subsidiaries, and is protected by various intellectual property and copyright laws. Segmentify grants you a non-exclusive and non-assignable right of use limited to the term of this Terms of Use, and such right of use granted to you shall not be interpreted against Segmentify, as such right of use restrains Segmentify especially from granting license to others and exercising its all rights freely.

Except as otherwise declared within these Terms of Use, no part of the Segmentify Website or any website owned by Segmentify may be copied, reproduced, republished, posted, uploaded, or otherwise duplicated on any other computer, server or website for commercial enterprise, without the prior written consent of Segmentify or one of its wholly owned subsidiaries.

Your Use of the Segmentify Website

You may not use any “robot”, “spider”, “scraper”, “deep-link” or any other program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, monitor or reproduce the whole or any part of the Segmentify Website or any content contained therein (with the exception of any internet Search Engines, who may use their proprietary algorithms solely for the purpose of providing a Search Index in which the Segmentify Website may be listed), or in any way circumvent the navigational structure of the Segmentify Website or any content, or to obtain or attempt to obtain any materials not purposely made available through the Segmentify Website and the navigational structure contained therein, including but not limited to attempting to execute any arbitrary computer code not part of the Segmentify Website or systems. Segmentify reserves the right to ban any such activity and/or ban users or Internet Protocol (“IP”) addresses from the Segmentify Website.

You may not attempt to gain unauthorized access to any portion or feature of the Segmentify Website not made specifically available to the general public, or any part of any system connected to the Segmentify Website or to any Segmentify server, or to any Services offered by the Segmentify Website including but not limited to the control panel, administrator pages or any protected directory or space, by hacking, password “mining”, or any other illegitimate means. Segmentify reserves the right to bar any such activity through user blacklisting, IP address blocking or similar methods.

You may not probe, scan or test the security systems or vulnerability of the Segmentify Website or any part of any network connected to the Segmentify Website, nor breach any security, encryption or authentication measures employed on the Segmentify Website or any network connected to the Segmentify Website. You may not attempt in any way to trace any information on any other user of or visitor to the Segmentify Website, except any user information specifically made public by that user in any part of the Segmentify Website. This includes any user account on the Segmentify user database or any other account created on the Segmentify Website not owned by you. You may not use any part of the Segmentify Website to retrieve or attempt to retrieve any personal information pertaining to any user of or visitor to the Segmentify Website, other than your own, except that information which is specifically made public by that user.

You agree not to take any action through any programmatic or manual method, which causes undue load to the infrastructure of the Segmentify Website or of Segmentify’s systems or networks, or any such systems or networks connected to Segmentify.

You agree not to use any device, software or routine, programmatic or manual, to interfere or attempt to interfere with the proper operation of the Segmentify Website or any transaction being conducted therein, or with any other person’s use of the Segmentify Website.

You may not in any way use the Segmentify Website or any Content for any purpose prohibited by law or otherwise prohibited by these Terms of Use, or to solicit the performance of any illegal activity, or any activity which infringes the legal rights of Segmentify, any of its subsidiaries, or others.

The Segmentify Tracking Code (SGTC)

The Segmentify Tracking Code (SGTC) is a snippet of JavaScript code we provide you to embed in your website pages. This code subsequently includes a JavaScript file distributed from our Content Delivery Network (CDN) and/or servers into the web pages you embed it on, and executes the JavaScript code inside this file which posts data about your website and the visitor browsing your website to our servers. This is the main way we collect data about your website and its traffic. There is a risk, however, that if our systems were compromised in some way, an attacker could exploit this code to exhibit malicious behaviour on your website. By implementing the Segmentify Tracking Code in your website pages, you unreservedly accept the risks involved in doing so and therefore cannot hold Segmentify A.Ş. responsible for any liability, damages or losses incurred in the event of malfunction through any means.

Accounts, Passwords and Security

Using the Services offered at Segmentify Website requires you to register a user account (including registering a user ID and a password). You are entirely responsible for maintaining the security of your account details, including your username and password, and for all activity that occurs under your account. You agree to notify Segmentify immediately of any unauthorised activity or use of your account or password, or any other breach of your account’s security. However, you may be held liable for any loss incurred by Segmentify or any other user of or visitor to the Segmentify Website due to unauthorised use of your user account. In the event that you access the Segmentify Website and use the Services on behalf of an entity, you must be duly authorized to do so. In such case, user status and rights and obligations shall belong to the entity you are acting on behalf of.

You may not use anyone else’s Segmentify user account or password at any time without the express permission and consent of said account owner, and only for use permitted by these Terms of Use. Segmentify cannot and will not be held liable for any loss of damage incurred by your failure to comply with these obligations.

You are solely responsible for all activities that occur under your account. You agree to notify Segmentify immediately via email upon learning of any unauthorized use of your account, Segmentify’s services, or any other breach of security.

Compliance with the Applicable Legislation

You are obliged to act in accordance with this Terms of Use, its annexes, the effective legislation and any terms and conditions set forth with respect to the Segmentify Website and Services. You shall only use the Segmentify Website and Services for your own lawful business purposes, in accordance with this Terms of Use and any notice sent by Segmentify or condition posted on Segmentify Website. You hereby agree that your website integrated with Segmentify Website and goods and/or services offered therein shall comply with all applicable legislation and you are solely liable for ensuring that your website’s visitors and/or customers are informed precisely and accurately, if required by applicable law, on how you use the Services in relation to your visitors’ and/or customers’ data and behavior. You are responsible for legal compliance of your website and your use of the Services, and Segmentify does not have any responsibility or liability in terms of your website or its visitors and/or customers.

You are solely responsible for informing your visitors, in a manner required by applicable data protection legislation, regarding how your use of the Services may impact the processing of the visitors’ personal data, or obtain their consents concerning processing and transfer of their personal data if required by applicable law. Segmentify shall not be held liable in any manner in respect of processing the visitors’ personal data and, in the event that any claim is addressed to Segmentify in this respect, such claim shall be forwarded to you.

If Segmentify incurs any damage or become subject to any legal, administrative or penal sanction due to your non-compliance with the applicable legislation, you shall indemnify such damages and all ancillary amounts upon first request.

Payments

You may use the Services provided on the Segmentify Website on condition that the fees indicated on the Segmentify Website are paid accurately and completely, by using the payment instruments indicated on the Segmentify Website, in accordance with the terms and conditions also announced on the Segmentify Website, including the terms relating to revenue share.

You may use the Services free of charge for a period of time which will be specified on the Segmentify Website. At the end of said trial period your subscription shall be converted to paid subscription. If the related subscription fee cannot be collected, your use of the Services shall be terminated until you pay the subscription fee. At the end of each subscription period, your subscription shall be automatically renewed, unless you terminate the subscription by notifying us prior to the end of the relevant subscription period.

Links to other websites

The Segmentify Website may contain hyperlinks to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Segmentify Website users or visitors. Such Linked Sites are not affiliated with Segmentify and thus are outside Segmentify’s control: Segmentify therefore takes no responsibility for the content contained in any Linked Sites, and does not endorse any content or activity related to such Linked Sites, including but not limited to any information or materials contained therein. Your interaction with any Linked Sites is entirely independent of Segmentify.

Disclaimers

SEGMENTIFY DOES NOT PROMISE THAT THE SEGMENTIFY WEBSITE OR ANY CONTENT, FEATURE OR SERVICE CONTAINED THEREIN WILL BE ENTIRELY ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS THEREIN WILL BE CORRECTED, OR THAT YOUR USE OF THE SEGMENTIFY WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE SEGMENTIFY WEBSITE, SERVICES AND ALL CONTENT THEREIN IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ANYWHERE ON THE SEGMENTIFY WEBSITE IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. SEGMENTIFY CANNOT ENSURE THAT ANY FILES OR OTHER ELECTRONIC DATA DOWNLOADED FROM THE SEGMENTIFY WEBSITE OR ANY RELATED SERVICE WILL BE FREE OF VIRUSES OR ANY OTHER CONTAMINATION OR DESTRUCTIVE FEATURES. SEGMENTIFY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED AS A RESULT OF THE USE OF THE WEBSITE AND THE SERVICES AND IT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SEGMENTIFY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SEGMENTIFY WEBSITE OR ANY SERVICE PROVIDED BY SEGMENTIFY. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR OWN USE OF THE SEGMENTIFY WEBSITE AND SERVICES, AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SEGMENTIFY FOR ANY DISSATISFACTION WITH THE SEGMENTIFY WEBSITE, SERVICES, ANY CONTENT CONTAINED THEREIN OR ANY OTHER SERVICE PROVIDED BY SEGMENTIFY IS TO STOP USING THE SEGMENTIFY WEBSITE OR ANY SUCH CONTENT OR SERVICES. IN ANY CASE, SEGMENTIFY’S LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY THE USER FOR THE SERVICES UNTIL THE DATE ON WHICH THE RELATED DAMAGE IS INCURRED.

The above disclaimer applies to any liability, damages or injuries caused by any error, omission, interruption, deletion, defect, delay in transmission, computer virus or other such destructive content, communication line failure, theft or destruction of or unauthorised access, alteration or use, whether for breach of contract, tort, negligence or any other cause of action.

Segmentify reserves the right at any time to do any of the following, without prior notice: (1) to modify, suspend or terminate the operation of or access to the whole or any part of the Segmentify Website and Services, for any reason; (2) to modify or change the whole or any part of the Segmentify Website and Services, and any relevant policies or legal terms; and (3) to temporarily interrupt the operation of the whole or any part of the Segmentify Website and Services as necessary to perform maintenance, be it of routine or non-routine nature, error correction, or other changes.

Violation of these Terms of Use

Segmentify reserves the right to disclose any information about you (including your identity) if we determine that such disclosure is necessary in connection with any legal investigation or complaint regarding your use of the Segmentify Website, or to identify, contact or bring legal action against anybody who may be causing injury to or interference with Segmentify’s rights or property, or that of any of its subsidiaries, or the rights or property of visitors to or users of any part of the Segmentify Website. Segmentify reserves the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.

You acknowledge and agree that Segmentify may preserve any transmittal, correspondence or communication by you with Segmentify through the Segmentify Website, email or any other service offered on the Segmentify Website or through Segmentify, and may disclose such data if required to do so by law or if we deem it necessary in order to either comply with legal process, to enforce these Terms of Use, or to protect the rights and/or property of Segmentify, its employees, any users of or visitors to the Segmentify Website, and the public.

You agree that at any point, Segmentify may at its sole discretion and without prior notice, terminate your access to the Segmentify Website and/or any Service, and/or block any future access by any and all means possible, without a reason or if we determine that you have violated any of these Terms of Use or the Terms of Use specified for any other part of Segmentify’s website or services, or any other agreements which may be associated with your use of the Segmentify Website, or for any cause which includes but is not limited to any request by law enforcement or other government agencies or any other technical issues or problems.

Governing Law

This Terms of Use shall be construed in accordance with Turkish law and Central (Çağlayan) Courts and Execution Offices of Istanbul shall have jurisdiction in all disputes arising from this Terms of Use or from any policy or legal terms in relation to the Website.

Feedback and Information

Any feedback you provide at this site will be deemed to be non-confidential. Segmentify will be free to use such information on an unrestricted basis.

The information contained in this website is subject to change without notice.

If you have any questions, please contact us.