This text is a translation; in case of any discrepancy, the Turkish text prevails. (Bu metin çeviridir; uyuşmazlıkta Türkçe metin esastır.)
1. Parties and acceptance
These terms (the “Agreement”) are between Piküp Medya Danışmanlık (the “Service Provider”) and the natural or legal person who registers on the DigiCardSystem platform or otherwise uses the Service (the “User”). Accessing or using the Service means that you have read and accepted these terms in full. If you do not accept them, do not use the Service.
2. Description of the Service
The Service is a software service offered over the internet for creating and sharing digital business cards, generating links/QR codes and related management features. Features may vary by plan and configuration. No absolute commitment is made that any particular feature will be offered continuously.
3. Account and security
The User is responsible for keeping registration details accurate and up to date. Account security (password, MFA where available) is the User’s responsibility. Any suspected unauthorised use must be reported immediately. The Service Provider reserves the right to suspend or terminate suspicious or infringing activity.
4. Acceptable use
The User agrees not to:
- publish content that violates applicable law, third-party rights or public morality;
- use the Service in a way that undermines security, gains unauthorised access to systems or creates excessive load;
- endanger the Service through malicious software, automation or reverse engineering;
- register on behalf of another person without permission or impersonate anyone;
- engage in spam, misleading marketing or unauthorised data collection.
Where a violation is detected, content and account actions may be taken without prior notice; the Service Provider’s unilateral decision (within reason) is reserved.
5. Content and responsibility
All content uploaded to cards (text, images, video, links, etc.) is the responsibility of the User or the relevant company administrators. The Service Provider is not obliged to pre-screen user content; however, it has the right to remove content or block access upon notice or legal request.
The User agrees to indemnify and hold harmless the Service Provider against third-party claims arising from the content (to the maximum extent permitted by law).
6. Health institutions and healthcare professionals
6.1 This clause applies, in addition to the other clauses, to private health institutions, medical practices, healthcare professionals and other Users who provide or promote health services.
6.2 These Users are responsible for ensuring that the content they share on their cards and through the Service (including names, titles, specialties, images, documents, appointment and other links) complies with the legislation in force, in particular the Regulation on Promotion and Information Activities in Health Services. The Service Provider does not review or approve such compliance in advance and gives no assurance in this respect.
6.3 In particular, the User does not include on its card: promises of treatment, results or success; patient reviews and thanks; before-and-after images; information on fees, discounts, campaigns and promotions; or statements presenting itself as superior to others. This list is illustrative.
6.4 The Service is not designed to process health data. The User does not use the Service to collect or store patients' health data. If a visitor enters health information in a form of their own accord, the obligations under the Personal Data Protection Law and the Regulation on Personal Health Data for that information rest with the User.
6.5 The Service Provider may remove the relevant content or card from publication upon a request from an official authority, a notice of infringement or a suspicion of non-compliance with the legislation. This clause does not limit the rights under clauses 4 and 5.
6.6 For claims made against the Service Provider, administrative sanctions and reasonable defence costs arising from a breach of this clause, the indemnity provision in clause 5 applies (to the maximum extent permitted by law).
7. Intellectual property
The platform software, design elements and brand belong to the Service Provider or its licensors. Unauthorised copying, distribution or derivative works are prohibited. The User represents that it holds the necessary rights to the content it uploads.
8. Fees, plans and payment
For paid plans, fees and billing are shown on screen. Payments may be collected through third-party payment institutions. Refund, cancellation and renewal conditions are governed by the relevant interface and notifications. Service restrictions may apply in the event of late payment.
9. Changes to the Service and interruptions
Interruptions may occur due to maintenance, updates or force majeure. Advance notice is given where possible; however, continuity or uninterrupted access is not guaranteed. Features and plans may be changed with prior announcement.
10. Disclaimer of warranties
The Service is provided “as is” and “as available”. To the maximum extent permitted by applicable law, express or implied warranties of merchantability, fitness for a particular purpose or non-infringement are excluded.
11. Limitation of liability
Subject to mandatory provisions of applicable law, for indirect damages, loss of profit, loss of data, damage to reputation and similar consequential damages the Service Provider’s total liability is — in any event — limited to the net fees paid by the User to the Service Provider in the twelve (12) months preceding the relevant event (zero TRY for free accounts). Some jurisdictions may not allow this limitation.
12. Termination
The User may close their account. The Service Provider may terminate the membership in the event of violation or risk. Post-termination retention obligations and data deletion processes are carried out in accordance with the Privacy Policy and applicable legislation.
13. Governing law and disputes
Disputes are governed by the laws of the Republic of Türkiye. The parties accept the exclusive jurisdiction of the Istanbul (Central) courts and enforcement offices (mandatory consumer-law provisions are reserved).
14. Changes to these terms
The Service Provider may amend these terms. Amendments are notified to the registered email address and within the Service; they take effect 15 days after notification. A User who does not accept an amendment may close their account within this period; continuing to use the Service after this period counts as acceptance.
15. Contact
For questions: support [at] digicardsystem.com