Terms & Conditions
Yuvako Teknoloji A.S., doing business as Aidy.co (“Aidy”, “we” or “us”) provides a platform and tools to enable clients (“Clients”) to handle lead management and response for the real estate industry (“Service” or “Services”).
We offer various Services to you, the “User”, through our web site and our Applications which are available through your mobile device and/or online (collectively, the “Service” or “Services”), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our Services.
In connection with your use of any aspect of the Service, you agree and represent as follows:
- You are of legal age (at least 18 years of age) and are otherwise capable of forming a legally binding contract;
- You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents in the areas for which you have requested Service;
- You expressly agree to be contacted via Email, SMS, text messaging and Push Notifications by us, and third parties, if relevant, regarding our Services;
- You agree that you will not use the Service in a manner that is inconsistent with the rights and restrictions as set forth in this Terms of Service.
- You are responsible for maintaining the security of your Account and any passwords entered into the Service or provided to us. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. In addition, we are not responsible if you change a password with a third party service and forget to update the password in our Service.
- you own all rights in and to any content provided by you (“Member Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Member Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Member Content;
- You will fully comply with all applicable laws and agreements which govern your use of the Services.
Further, you acknowledge and agree that we shall determine the means, manner, and method for performing the Services, including those regarding the hosting, transmission, publication and/or display of any Member Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
You undertake and agree NOT to:
- copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble any of the Sites, the Services (or any part thereof), any Content offered by us or Third Party Services for use and display within Member Websites (“Licensed Content”) except as expressly permitted under this Agreement;
- publish and/or make any use of the Services or Licensed Content on any website, media, network or system other than those provided by us, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Services, Licensed Content and/or Member Website (or any part thereof);
- use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use our name or our Marks and/or variations and misspellings thereof;
- impersonate any person or entity or provide false information on the Services and/or Member Website, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other Visitors or Members;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorses you, your Member Website, your business, your Member Products, or any statement you make;
- reverse look-up, trace, or seek to trace another Member of Services, or otherwise interfere with or violate any other Member’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services and/or Member Website without their express and informed consent;
- disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Services, Member Website, the account of another Member or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;
- probe, scan, or test the vulnerability of the Services or any network connected to the Services;
- upload to the Services and/or Member Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- use any of the Services and/or Member Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
- sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Services, except as expressly permitted by this Agreement;
- remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©] or trademarks [® or ™] contained in or accompanying the Services and/or Licensed Content;
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you may result in the immediate termination of your Member Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
2. Payment and Refund Terms
- Payment for the Service will be in accordance with the terms that you have agreed to upon registration.
- The Service is billed on a monthly basis (or annually if elected), in advance, and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You shall be responsible for payment of all applicable taxes relating to your use of the Services (“Taxes”).
- Prices for the Service, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to our web site or through the Service itself.
- PAYMENT. You authorize us (either directly or through our affiliates, subsidiaries or other third parties) to collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries we or our subsidiaries or affiliates may consider necessary to validate your designated payment account or financial information.
- AUTOMATIC RENEWAL. The Services will automatically renew on a recurring-fees basis for a renewal period equal in time to the original subscription period unless terminated by either party in writing at least thirty (30) days prior to the expiration of the then-current term. You will be automatically charged the applicable Fees for such Services using the payment method you have on file with us.
- CANCELLING PAID SERVICES. You shall be solely responsible for the discontinuation of any Services purchased by you. Certain services purchased on or through the Services may be non-refundable. These include Third Party Services such as domains, business tools and applications.
- CHARGE BACKS. If, at any time, you contact your bank or credit card company and decline, chargeback or otherwise reject the charge of any payable Fees (collectively, a “Chargeback”), this will constitute a breach of your payment obligations hereunder, your use of the Services may be automatically terminated, your Member Account may be blocked and any data contained in such Member Account may be subject to cancellation and Capacity Loss (as defined in below). If you have any questions or concerns regarding a payment made to us, we encourage you to first contact our Customer Service at [email protected] before filing a Chargeback.
- CANCELLATION AND FAILURE TO COMPLY. You may cancel your Member Account and/or any Services at any time, in accordance with the instructions available on the applicable Site(s) provided, however, that (i), no refund will be made for a prepaid annual arrangement and (ii) a one-month fee will be assessed for a prepaid monthly arrangement. Failure to comply with any of the terms of this Agreement and/or to pay any Fee when due may result in cancellation or suspension of your Member Account and Member Website (or certain features thereof), as well as the provision of any related Services or Third Party Services to you.
3. Responsibility For User Content
As between us and you, you shall own all intellectual property pertaining to your Member Content, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. You hereby grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sub-licensable right and license to use your Member Content (in whole or in part) worldwide in order to provide you with the Services, and as further specified under this Agreement.
All right, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to us.
Subject to your full compliance with this Agreement and timely payment of all applicable Fees, we hereby grant you, upon creating your Member Account and for as long as we provide you with the Services, a non-exclusive, non-transferable, non-sub-licensable, fully revocable, limited license to use the Services and Licensed Content, for the purpose of accessing and using the Services and generating and displaying your Member Website, solely as expressly permitted under the terms of this Agreement, and solely within the Services.
We respect the rights of third party creators and content owners and expect that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor the Materials posted or transmitted by you and any other third-party information providers via the Service. You expressly agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below.
It is the our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required.
Notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this web site:
Yuvako Teknoloji A.S.
Attention: Melih Herman
Email: [email protected]
To be effective, the notification must be a written communication that includes the
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4. Acceptable Use Policy
The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Service or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose in violation of the law or these Terms of Service.
5. Sharing Information and Ownership of the Service
Aidy allows Users to share various content on the Service as s/he determines. When you register with us, you fill out your profile and can share emails and information with others on the account. When you use the Service, information you post or share with others, such as your emails, personal information, notes, comments, messages, photos, or other information, may become available to other users. All sharing of information is done at your own risk.
Unless otherwise agreed in writing signed by Aidy, by submitting content, including your profile information, adding photos, video, data or other materials directly through the Service or suggesting any ideas or feedback (collectively, “Materials”), you hereby grant to us a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to use, access, store, copy, modify, re-post, rearrange, display, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to you. You further grant to us a royalty-free right and license to use your name, image and/or likeness in advertising and in connection with the licensed rights for the Materials. You also agree to indemnify, defend and hold harmless us from and against any claims or costs, including attorneys’ fees, arising from the use or distribution of those Materials.
You further grant us the right to use your name in connection with the reproduction or distribution of any such Material. While Aidy is not under any obligation to monitor content provided by Users, we may, in its sole determination, remove any content that it deems objectionable, offensive, unlawful or in violation of these Terms of Service.
Subject to the license above, you retain all of your rights in all of the Materials you post to our Service, including all copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; patent rights and all other intellectual property and proprietary rights as they may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction. The Service, all content and other subject matter included on or within the Service (“Aidy Content”) is the exclusive property of Aidy or its licensors. We reserve all of its rights with respect the Aidy Content, and you may not download or distribute or otherwise make any commercial use of the Aidy Content.
The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, “Groups”) that are intended to provide users an interesting and stimulating forum in which they can express their opinions and share their ideas. We do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Groups. Please use your best judgment, and be respectful of other individuals using these Groups. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Groups may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold us responsible for any third party’s use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy. You agree not to use user names or Group titles that are offensive, obscene, or harassing to others.
We reserve the right to require you to change your user name or the title of your Group at any time and for any reason in our sole discretion.
6.1 CRM AND LEADS MANAGEMENT SYSTEM. Aidy will provide you with one instance of A CRM and Leads Management System.
- CRM Features. The Aidy CRM and Leads Management system includes features for capturing, tracking, managing and nurturing leads, managing agent activity, contacts and workflow. Features of the CRM system may change from time to time and Aidy reserves the right to charge for new features that may be included in future CRM releases.
- PROPERTY LISTING ALERT. Aidy will automatically electronically syndicate all your active property listings using Agent ID and/or Office ID to a select group of free and/or paid real estate websites. You must notify Aidy in writing if you do not want your property listing syndicated. You represent that you have express authorization from all agents to permit such syndication.
- AUTOPILOT. When you turn autopilot on, Aidy will send messages & emails to your customers on your behalf. You agree that you already have all necessary permission from your customers for this action.
- MESSAGE BLAST. When using message blast, you will be able to send mass emails to your audience. Again you agree that you already have all necessary permission from your customers for this action.
6.2 Aidy REAL ESTATE IDX WEBSITE.
Website Overview. Aidy will provide you with the standard customer-facing Aidy IDX-integrated Website. Through Aidy we assign you a subdomain and you warrant that all Branding that you provide will comply with all rules and regulations and all applicable laws. Aidy will integrate your app to IDX data feed. Aidy reserves the right to update, modify and upgrade the Platform in its sole discretion during the term of this Agreement. Such modifications or updates may include new or modified functionality or removal of obsolete or other functions.
7. Use of Third Party Services
As a part of our Service, we may offer links to web sites operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. We do not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
8. Mobile Apps
A. Aidy’s Mobile Application
We make available the Aidy App to access the Service via a mobile device. To use the Aidy App you must have a mobile device that is compatible with the Mobile Service. Aidy does not warrant that the Mobile App will be compatible with your mobile device. Aidy grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Aidy App for one Aidy account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Aidy App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Aidy App to any third party or use the Aidy App to provide time sharing or similar services for any third party; (iii) make any copies of the Aidy App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Aidy App, features that prevent or restrict use or copying of any content accessible through the Aidy App, or features that enforce limitations on use of the Aidy App; or (v) delete the copyright and other proprietary rights notices on the Aidy App. You acknowledge that Aidy may from time to time issue upgraded versions of the Aidy App, and may automatically electronically upgrade the version of the Aidy App that you are using on your mobile device. You consent to such automatic Aidy upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Aidy App is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Aidy App or any copy thereof, and Aidy or its third party licensors or suppliers retain all right, title, and interest in and to the Aidy App (and any copy of the Aidy App). You agree to comply with all local and International laws related to use of the Aidy App and the Service. Standard carrier data charges may apply to your use of the Aidy App.
- Aidy App from iTunes
The following also applies to any Aidy App you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Aidy, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to Aidy as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to Aidy as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that
iTunes-Sourced Software infringes that third party’s intellectual property rights, Aidy, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You and Aidy acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as they relate to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
9. Representations and Warranties and Indemnification
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; and (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless us, and its officers, directors, employees, agents, and contractors and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials you provide, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
10. Disclaimers and Limitations
We intend that the information contained in our Service be accurate and reliable; however, errors and data loss may sometimes occur. From time to time, we may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update.
THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, LOSS OF DATA, BREACH OF THE SERVICE OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
ERRORS AND DELAYS
We are not responsible for any errors or delays or other technical problems. We recommend that you always keep a copy of any data or information that you have loaded to our Service in case of any service interruption or failure.
11. Termination and Cancellation
You are solely responsible for canceling your Account. If you decide at any time that you no longer wish to receive maintain your Account with us, you can access your account and remove any personal information, but this may result in the closure of your account. Cancellations by phone or sent to any other email address will not be considered valid. You will have thirty (30) days after cancellation to export any data from your account. This information cannot be recovered once your Account is cancelled. If you cancel the Service before the end of your current paid up month/year, your cancellation will take effect immediately and you will not be charged again.
We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including but not limited to your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, failure to pay for Service or a violation of the rights of another User or the law.
We reserve the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information,good, content, product or service. We shall have no liability to any User or any third party should we modify or discontinue any service or an aspect thereof.
If your Member Account or any Services or Third Party Services related to your Member Account are cancelled, such cancellation may cause or result in the loss of certain content, features, or capacity of your Member Account, including any Member Content, visitor or user data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (collectively, “Capacity Loss”). We shall have no liability or responsibility for any Capacity Loss.
- Disclaimer of Warranties
We provide the Sites and the Services on an “as is,” “where is,” “with all faults” and “as available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. We specifically do not represent or warrant that the Sites or Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your visitors or users) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your visitors or users or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Notwithstanding anything to the contrary contained herein, under no circumstances may we be considered as a “publisher” of any Member Content, and we do not in any way endorse any Member Content or assume any liability for any Member Content uploaded, posted, published and/or made available by any Member or any other party on and/or through the Services. You acknowledge that (1) there are risks in using the Services and/or connecting and/or dealing with any Third-Party Services in connection with Services, (2) we cannot and do not guarantee any specific outcomes from such use and/or interactions, and (3) you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions.
- Limitation of Liability
To the fullest extent permitted by law, we, our officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or any other information stored therein; (4) any interruption or cessation of transmission to or from the Services; (5) the use or display of any Content or Member Content posted, emailed, transmitted, or otherwise made available via the Services; and/or (6) events beyond our reasonable control, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.
You agree to defend, indemnify and hold harmless us, our officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of this Agreement or any other terms applicable to your use of or access to the Site(s) or the Services; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your Member Website or Member Content and/or your use of the Services; and/or (3) any other claim that your Member Website and/or Member Content caused damage to a third party.
Changes and Updates: We may change, suspend or terminate any of the Services (or any features thereof, or prices therefor), at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner – except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may cancel your Member Account, continue to support your then-current Services without enabling such changes, or provide you with alternative Services.
Jurisdiction: Any and all claims and disputes under this Agreement shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Istanbul, Turkey. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the applicable Site(s), Member Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
Headings: Any heading, caption or section title here is provided only for convenience, and shall not be used to interpret any section or provision hereof.
Choice of Language: The terms of this Agreement were written in English. If a translated (non-English) version of this Agreement conflicts in any way with their English version, the provisions of the English version shall prevail.
Relationship: This Agreement, your access to the Site(s), and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between us and you.
Entire Agreement: This Agreement and any other legal or fee notices provided to you by us, shall constitute the entire agreement between us concerning the subject matter hereof and all prior understandings shall be deemed merged herein.
Assignment: You may not assign or transfer any of your rights and obligations hereunder.
Severability; No Waiver: If any provision of the Agreement is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of any of the remaining provisions of this Agreement. No Waiver of any breach or default of any of the terms of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS,
PLEASE EXIT THIS SERVICE IMMEDIATELY. Do NOT click “Sign Up” “Get Started” (or similar) and do not access or otherwise use any of our Services.
Updated on March 5, 2020
Yuvako Teknoloji A.S., doing business as Aidy.co (“Company”, “we” or “us”) provides a platform and tools to enable clients (“Clients” or “Customers”) to handle lead management and response for the real estate industry (“Service” or “Services”).
1. What Information Do You Collect and How Do You Collect It?
At various times, you could be asked to provide information such as your name, title, company, email address, contact phone number or other information. Information collected is often defined as being either anonymous or personally identifiable:
- Anonymous Information refers to information that cannot be tied back to a
- Personally Identifiable Information refers to information that tells us
specifically who you are, such as your name, email address, or phone number. Registering for or using a Service may allow the Company to “recognize” you to allow us to personalize our service for you.
As is true of most applications and web sites, we gather certain information (such as mobile provider, operating system, etc.) automatically and store it in log files. We use this information, which does not identify individual users, to analyze trends, to administer the application, to track users movements around the application or web site and to gather demographic information about our user base as a whole. We may link this automatically-collected data to certain Personally Identifiable Information.
Personally Identifiable Information
If you are a Client, when you register with us via our Website, we will ask you for personally identifiable information, such as your first and last name, company name, title, email address, billing address, credit card information and password information for your email accounts. You may review and update the personally identifiable information in your profile by logging in and editing such information in your dashboard. If you decide to delete all of your information, we may cancel your account.
In addition, in connection with our Service, you may upload your private data or have third parties upload your private data to our Service. Given the confidential nature of the business information and data which may be uploaded in connection with our Service, we will treat this confidential information in the same manner as we treat personally identifiable information. We may retain an archived copy of your records as required by law or for reasonable business purposes in connection with our provision of Services.
We do not honor “Do Not Track” requests through your web browser because the data we collect is necessary to improve security, to generate reporting statistics and to improve the user experience with our Services.
Yuvako Teknoloji A.S. is the owner of the information collected through the Service, provided however that you remain the owner of all business information and data uploaded to our Service, see “Customer Data” below.
Categories of personal information collected
(a) Information you give us
Account and user profile information. To create or join a Aidy account you or your account owner (e.g. your employer or broker) provide personal details such as your name, email address, phone number, password and similar account details.
Billing information. If you have a paid account with us, we collect billing details such as credit card information, billing address, transaction history. To be clear, Aidy does not itself store your credit or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information. Our contracts with third parties that receive your credit card account information require them to keep it secure and confidential.
Nonetheless, we cannot guarantee that transmissions of your credit or debit card account information or personal information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by Aidy or our third-party service providers. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your user name, password, or other security information for your Aidy account with anyone. If we receive instructions using your username and password, we will consider that you have authorized the instructions.
Communications, such as information you provide when you contact our team, respond to surveys, participate in market research activities, participate in telephone conferences with our representatives, receive customer support, participate in a focus group, contest, activity or event, apply for a job, enroll in a program, interact with our social media accounts or otherwise communicate with us.
Customer Data. Customers and users granted access to a Aidy account by a customer routinely submit customer data to us when using the services. For example, leads imported into Aidy by a Customer or on behalf of a Customer are Customer Data.
Marketing information, such your preferences for receiving marketing communications and details about how you engage with them.
Information about your education, professional licenses and qualifications, legal work eligibility status, and other information relevant to our products or specific jobs for which you may apply
(b) Information from third party sources
We may combine personal information we receive from you with personal information we obtain from other sources, such as our customers, partners, data providers, affiliates, business partners, such as joint marketing partners and event co-sponsors and publicly accessible sources such as Internet and social media platforms.
(c) Data collected automatically
Usage Data. When you visit our Websites or use our Services we collect usage information such as the website you visited before browsing to the site, pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, duration of access, screen resolution, general location information such as city or town.
Log data. Like most websites and services delivered over the Internet, our servers automatically collect information when you access or use our Website or Services and record it in log files. This includes information such as date and time of access, address of the page visited, your computer or mobile device operating system type and version number, browser type and version, IP address, unique identifiers, information about browser configuration and plugins, language preferences.
Device information. We collect information about devices accessing the Services, including type of device, manufacturer and model, what operating system is used, the version of the app you’re using, device settings, application IDs, unique device identifiers and crash data.
Cookies, which are text files stored on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently and remembering your preferences, enabling functionality, helping us understand user activity and patterns, facilitating online advertising and measuring the effectiveness of our ads.
No Information Collected from Children
As per our Terms of Service, we do not allow use of our Services and Websites by anyone younger than 18 years old. Company will never knowingly collect any personal information about children under the age of 18. If Company obtains actual knowledge that it has collected personal information about a child under the age of 18, that information will be immediately removed from any access. Because it does not collect such information, Company has no such information to use or to disclose to third parties.
2. How Do You Use Personal Information?
General Use. For Clients, we use personal information to provide the Services and contact Clients regarding account activities, new version and product offerings, or other communications relevant to the Services. If you contact us by email or by filling out a registration form, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you. In addition, we may use the personal information described above to send you information regarding the Service. If you decide at any time that you no longer wish to receive such information or communications from us, you can access your account and remove any personal information, but this may result in the closure of your account. The circumstances under which we may share such information with third parties are described in part (4) below.
Customer Data is used in accordance with Customer’s instructions, including any applicable terms in the Terms of Service and Customer’s use of Services functionality, and as required by applicable law. Customers may, for example, use the Services to grant and remove access to a Aidy account, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services. With regards to Customer Data we act as a Service Provider and do not retain, use or disclose the personal information for a commercial purpose other than providing the Services.
We use your personal information for the following purposes or as otherwise described to you at the time of collection:
(a) Service delivery
- Provide, operate, maintain, and improve our Service and Websites
- Communicate with you regarding the Service, including by sending you Service announcements, technical notices, updates, security alerts, and support and administrative messages or other communication
- Process your Service subscription transactions and process your related payments
- Understand your needs and interests, and personalize your experience with the Service and our Websites
- Provide support for the Service and respond to your requests, questions and feedback
(b) Research and development
We may use your personal information for research and development purposes, including to analyze and improve the Service and our business and develop other products and services. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.
We and our third party advertising partners may collect and use your personal information for marketing and advertising purposes:
- Direct marketing. If you request information from us, use the Service or participate in our surveys, promotions or events, we may send you related marketing communications as permitted by law but will provide you with the ability to opt out.
- Other marketing activities to pursue our legitimate business interest to offer you products or services that may be of your interest.
(d) Compliance and protection
- Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims)
- Audit our internal processes for compliance with legal and contractual requirements and internal policies
- Enforce our Terms of Service
- Protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft
- Comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities
(e) Other purposes with your consent
In some cases we will ask for your consent to collect, use or share your personal information for other purposes. For example, we may ask for your consent to post your testimonial or endorsement.
3. How Do You Store My Personal Information?
Storage of Personal Information
Company operates or leases secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only specially authorized individuals have access to the information provided by our Clients. Notwithstanding such measures, Company cannot guarantee that its security measures will prevent its computers from being illegally accessed and the individual information on them stolen or altered.
Third Party Hosting, Serving and Storage
COMPANY MAY CONTRACT WITH A VARIETY OF THIRD PARTY SUPPLIERS/PROVIDERS/VENDORS FROM TIME TO TIME, TO PROVIDE FOR COMPANY’S HOSTING, SERVING, STORAGE AND TELECOMMUNICATION NEEDS, ETC., INCLUDING WITHOUT LIMITATION STORAGE OF OUR USERS’ PERSONALLY IDENTIFIABLE INFORMATION. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY, FOR CULPABLE (INCLUDING WITHOUT LIMITATION NEGLIGENT) ACTS OR OMISSIONS BY ITS THIRD PARTY SUPPLIERS/VENDORS.
4. Do You Share And Disclose Any Personal Information?
We may use third parties to help operate our applications and Services and to deliver products and services, and may share your Personally Identifiable Information with our affiliates, service providers, vendors, suppliers, and other third parties that provide products or services for or through this Service (such as Web Site or database hosting companies, authentication providers, address list hosting companies, email service providers, analytics companies, distribution companies and other similar service providers that use such information on our behalf). Unless otherwise stated, these companies do not have any right to use the Personally Identifiable Information we provide to them beyond what is necessary for them to assist us.
We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Service, our applications and send emails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
Complying with Legal Process
Company reserves the right to use or disclose your Personally Identifiable Information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with Company. Company will use and disclose your Personally Identifiable Information if we believe you will harm the property or rights of Company, its owners, or those of Company’s other customers. Finally, we will use or disclose your Personally Identifiable Information if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or property, violations of Company’s other policies, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.
In the event Company goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets as well as in the event of a bankruptcy, assignment for benefit of creditors or receivership, your Personally Identifiable Information may be disclosed and will likely be among the assets transferred. You may be notified thereafter via prominent notice on our Company web site for 30 days of any such change in ownership or control of your personal information. Company further reserves the right to disclose, transfer or sell your personal information to companies who are affiliated with Company in Company’s sole discretion.
5. Additional Limits on Use of Your Google User Data
- The App will only use access to read, write, modify or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read, and process emails and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
- The App will not use this Gmail data for serving advertisements.
- The App will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the App’s internal operations and even then only when the data have been aggregated and anonymized.
Updated on March 5, 2020