Term of Use

1. PARTIES

This Terms of Use (Agreement) have been concluded by and between the User and İnofab Sağlık Teknolojileri Anonim Şirketi (İnofab) located in Üniversiteler Mahallesi İhsan Doğramacı Blv. No: 17/115 Çankaya/Ankara. Throughout this Agreement İnofab and the User shall individually be referred to as “the Party” and jointly as “the Parties”.

By accessing the Website, the User agrees and declares to have read all the terms and conditions included in this Agreement, to have fully understood its content and to have approved all the provisions in the electronic environment. This Agreement has been concluded in order to regulate the issues that are not included in any other texts prepared for the use of the Website, in particular the terms and conditions that should be followed in any case while using the Website.

2. DEFINITIONS

Each term referred to in this Agreement shall have the meanings assigned next to them:

Privacy Policy and Personal Data Text: The text on the Website and approved by the Users, detailing how and for what purpose the User data is processed and the privacy policies of İnofab,

Products: Products whose rights belong to İnofab, such as SpiroHome and SpiroClinic portable spirometer devices, smart inhaler and any other product that may be put to sale by İnofab and presented on the Website,

User: Real persons who benefit from the services provided by İnofab by accessing the Website,

Website: The website https://www.inofab.health owned by İnofab or any other domain name specified by İnofab as well as connected web applications,

Website Cookie Policy: The text on the Website and approved by the Users, detailing how and for what purpose the User data is processed through the use of cookies.

3. SUBJECT AND PURPOSE

3.1. This Agreement aims to determine the terms and conditions of the services to be offered to Users using the Website and to determine the rights and obligations of the Parties therein.

3.2. Privacy Policy and Personal Data Text and Website Cookie Policy on the Website together with other agreements, policies and rules approved by the relevant Users within the Website are annexed to this Agreement and constitute an integral part of it. By using the Website, Users are deemed to have acknowledged that they fully understand this Agreement and its annexes and to have agreed with all of the provisions herein. Users who do not accept this Agreement should not use the Website.

3.3. The Website constitutes a single structure with all its sub-components and domain names; therefore, all services such as http, https, ftp, dns, database, mobile, iOS, Android, e-mail, API etc. and documents, photos, videos and similar files uploaded on the Website shall be subject to the provisions of this Agreement, regardless of where they are physically hosted.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The purpose of the services offered by İnofab is to provide the Users the opportunity of accessing the Website and the introductory information about Inofab and the Products and contacting Inofab. The User has a limited right of use within the legal limits while benefiting from the Website under the terms and conditions defined in this Agreement and its annexes.

4.2. The User may access publicly accessible information about Inofab, introductory information about the Products, user manuals and brochures by accessing the Website and contact Inofab by using the Contact tab for product requests, career opportunities or technical support. Sale transactions for the Products are not conducted through the Website; Inofab shall contact the User through the contact information submitted by the User after receiving the product request to be made through the Website. User may also access through the Website to news, articles, user stories, activities organized by Inofab and job opportunities by Inofab and submit its job application on the Website. Users who are corporate customers may also contact Inofab through the Website for business partnership opportunities such as distributorship and clinical trials.

4.3. This Agreement is concluded exclusively between İnofab and Users, hence it is independent from other texts concluded between the Users, and third parties. Any legal or commercial relationship established between Users is out of the scope of this Agreement; İnofab can under no circumstances whatsoever be held liable for any debt, commitment or liability arising from this relationship established between the aforementioned persons and the agreements regulating these relations.

4.4. The User declares and undertakes to act in accordance with all the terms and conditions stipulated in this Agreement and other agreements concluded or will be concluded with İnofab as well as the rules specified in the relevant parts of the Website and all applicable legislation and not to engage in any illegal activity while providing access to the Website, benefiting from the services and performing any transaction on the Website. The User is deemed to have undertaken that it has read, understood and approved all the terms and rules regarding the use of the Website by visiting and using the Website or being a User.

4.5. Real person Users acknowledge, represent and undertake that they have attained maturity and are not interdicted in accordance with the relevant legislation. Minors and/or interdicted persons are not entitled to benefit from the rights and powers of being a User, even if they have completed their registration procedures and/or currently use the Website. Other requests and transactions are not under İnofab's responsibility. Authorities of the User, who are found to be minor or interdicted as per the information provided, shall be revoked. İnofab does not assume any responsibility arising from the misrepresentation of the User. İnofab reserves the right to request the trade registry records of the legal entity or other non-confidential official company documents.

4.6. While using the Website, Users declare and undertake not to engage in actions that are contrary to the law and morality or that may damage the opportunity to benefit from the Website including but not limited to the items exemplified below. İnofab shall not assume any responsibility and/or indemnification liability for damages arising from any breach of this article. In the event that the User acts in breach of this article, İnofab shall reserve the right to terminate this Agreement pursuant to Article 7.2. Furthermore, İnofab reserves the right to resort to civil law and criminal law remedies.

  • To act in breach of the provisions of this Agreement, other related texts and/or other contractual provisions that may be concluded through the Website,
  • To act contrary to the provisions of the current legislation and the regulations on internet use,
  • To provide incomplete, inaccurate and misleading information on the Website,
  • Failure to provide up-to-date and accurate information about oneself, to use information illegally acquired from others,
  • To illegally obtain or attempt to obtain other Users information,
  • To use the Website using information and/or documents (real or fake) that belong to third parties and/or to use the Website in a way that shall mislead İnofab and other Users about his/her own identity, by changing/anonymizing the IP address or by other means,
  • To unlawfully change, use or attempt to change and use the information published by İnofab,
  • To violate the rights of İnofab and/or a third party, including personal and intellectual property rights,
  • To upload, share, publish any content that is unlawful, obscene, violates the confidentiality of others, pornographic, contains or depicts nudity,
  • To engage in acts that may damage the reputation of İnofab and/or a third party or obstruct İnofab's activities,
  • To deliver unlawful information and/or share harmful data such as chain mail, malware, viruses, Including but not limited to the following, to share or sign information or documents that violate the rights of third parties, constitutes unfair competition, is unlawful and/or immoral,
  • To engage in behaviors and activities that will adversely affect/obstruct or manipulate the operation of the Website, to disable security systems and
  • To make the Website unusable or make an attempt in this manner by preparing automatic programs.

4.7. In case the following conditions and situations occur in connection with the Website, İnofab shall not assume any responsibility and/or indemnification liability:

  • The failure of the User to make the necessary updates for the Website in a timely and/or correct manner and subsequently to directly and/or indirectly cause a damage,
  • User's use of the Website for an illegal purpose and subsequently to cause a damage,
  • Damages such as performance loss, deficiency, error, outage, internet data package expenses, computer virus, line and/or system malfunction during or after the use of the Website,
  • To cause damages due to the change/deactivation of the notification/notification settings that should be on during the use of the Website by the User or the User's disabling or incorrect installation of the Website.

4.8. The User is obliged to carry out the transactions on the Website in a way that will not technically disrupt the Website. The User declares and undertakes to take all necessary measures, including using protective software and licensed products, that is necessary for the information, content, materials and all other content to be provided to the Website to be free from any and all kinds of malicious programs, viruses, software, unlicensed products, trojan horses that may harm the system.

4.9. The User accepts, declares and undertakes that all information and documents provided within the Website are accurate, complete, up-to-date and lawful. İnofab shall assume no obligation to investigate the accuracy of the information and documents submitted by the User or uploaded, changed or provided through the Website by the User and shall not undertake and warrant that these information and documents are secure, accurate and lawful.

4.10. The User accepts and undertakes that it holds the legal rights of any data, information or content used, that it is legally authorized to exercise and dispose of this right and that the use of such data, information or content does not infringe intellectual property rights or relevant legislation in any way and does not harm any real or legal person.

4.11. İnofab reserves the right to unilaterally amend the advertising campaigns and content offered on the Website. İnofab may exercise these rights without any prior notice or warning.

4.12. The Website may provide links or routes to some websites or content that are not under the control of İnofab on the grounds of ease of reference or for various other reasons. The routing provided by İnofab in this regard is neither supportive of the mentioned website or the content owner nor does it constitute any representation or guarantee for the information contained therein. İnofab does not make any suggestions or recommendations and does not provide the User any representation or warranty asserting that third party websites and the content on these websites are legal, accurate, reliable and appropriate; that the information, data, software, campaigns or services used in the content are suitable for trade; that the operation and administration of the website will be error-free and uninterrupted; that any malfunctions, defects and faults that may occur will be corrected immediately and that the website has been cleaned of harmful elements and viruses. İnofab assumes no responsibility for the portals, websites, files and contents accessed through the links provided on the Website and the services or campaigns offered or their content.

4.13. İnofab does not guarantee that the services offered on the Website will be constantly active, accessible, accurate, uninterrupted, error-free, free of viruses or other harmful components or defects and does not assume any responsibility for any malfunctions that may occur in the services offered on the Website due to technical problems (infrastructural and/or hardware reasons etc.) encountered such as error, negligence, interruption, deletion, deterioration, delay in transmission or communication network failure. İnofab may unilaterally and without any notification, offer new services through the Website, terminate the presentation of certain services or change the offered Services partially or completely.

4.14. İnofab may restrict or terminate the access to the Website and/or services at any time and without giving any further notice in case the operating security of the network is at risk, in order to ensure the continuity of access to the network, to prevent malfunctions that may occur in network, software or uploaded files, to prevent or reduce the adverse effects of possible disruptions and in other cases deemed necessary.

4.15. İnofab, within the scope of İnofab services without any notification to the User or without obtaining prior consent of the User, may examine, control, view, monitor, save, delete, process all data, information and documents belonging to the User partially or completely or disclose them to relevant third party authorities particularly İnofab's technical consultants, service providers, forensic informatics experts for investigation, prosecution, administrative review, inspection, quality control, information security, risk analysis and similar purposes as long as it complies with the relevant legislation. This authorization cannot be considered as breach of personal data, copyright infringement or disclosure of trade secrets.

4.16. The User can access the Website and services only through the methods and tools determined by İnofab. The User will not be able to access the files or services that it does not have the right to access. Having access to a page or information system due to a technical error cannot be interpreted as having a right to use that page. In such a case, the User should immediately stop the access to the relevant page.

4.17. İnofab may at any time request additional information, document or approval from the User in order to comply with the applicable legislation; the User agrees to fulfill these requests.

5. CONFIDENTIALITY AND PERSONAL DATA PROTECTION

İnofab agrees to fulfill its obligations stipulated in the relevant legislation, the Privacy Policy and Personal Data Text available at [https://www.inofab.health/privacy-policy], regarding the confidential information and personal data provided by the User through the Website and the Website Cookie Policy available at [https://www.inofab.health/cookie-policy], in order to benefit from the Services offered on the Website. The User is obliged to constantly follow the Website and the updates to the Privacy Policy and Personal Data Text and the Website Cookie Policy on the Website. In this context, Users' information can be processed within the scope and limits stipulated in the relevant texts, particularly the Privacy Policy and Personal Data Text and the Website Cookie Policy.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. The User agrees that the Website is owned and operated by İnofab. As a rule, İnofab is the exclusive owner of any software, design, source code, target code, directory, image or content available on the Website. The User agrees, declares and undertakes not to violate any intellectual and industrial property rights available on the Website and owned by İnofab. The User agrees and undertakes not to duplicate, copy or distribute or process the advertisements, images and texts, visual and audio images, files, databases, catalogs and lists available on the Website however would infringe the in-kind or personal rights and property of İnofab and/or any other third party.

6.2. İnofab is the sole owner of all financial and immaterial rights as well as the intellectual property pertaining to the products and/or services, projects, documents, images, texts, bulletins, slogans, videos, designs, know-how and all kinds of commercial information, illustrations, database, any data related to the system flow, all kinds of logos, emblems and data, ideas, trademarks and commercial views of İnofab and/or business partners, flows, source codes, researches, codes, techniques, statistics used in the Website in relation to the services provided under this Agreement and exclusively reserves all rights arising from the relevant legislation regarding these contents.

6.3. The User agrees, declares and undertakes not make any reverse engineering on the Website or engage in any other act to find, obtain or copy the source code of the Website, shall not violate the security of any computer network, shall not hack security passwords and codes, shall not attempt to deliver SPAM mail or upload malware, otherwise agrees, declares and undertakes to assume the liability for any damages of İnofab and third parties.

7. TERM AND TERMINATION OF THE AGREEMENT

7.1. This Agreement shall enter into force when the User accesses the Website or starts benefiting from the services and each User shall be subject to the provisions of this Agreement for an indefinite period, unless duly terminated as stipulated in this Agreement. Users are obliged to fulfill their rights and debts that have been borne until the termination date of the Agreement even after the termination.

7.2. In the event that the User acts in breach of the obligations stipulated in this Agreement or is determined to have committed that an unlawful or immoral activity, İnofab shall reserve the right to terminate this Agreement without giving any prior notice and without the liability to pay any indemnification. The User shall be responsible for all direct or indirect damages arising/that shall further arise due to such a breach and İnofab shall reserve its legal rights and recourse rights in this respect.

7.3. İnofab may terminate this Agreement and/or the services provided, regardless of the Users' acts in breach, at any time without putting forth any justification, without the need to give any prior notice and without assuming any liability to pay indemnification. İnofab may temporarily suspend the operation of the Website or terminate it permanently at any time and without any basis. İnofab shall not be responsible for the temporary suspension or permanent termination of the use of the Website.

8. MISCELLANEOUS

8.1. İnofab may unilaterally amend any provision of this Agreement and its annexes at any time and in its own discretion by any means whatsoever either by announcing it on the Website and/or notifying the User through the contact information provided on the Website. These amendments shall be effective on the date when they are published and/or notified. The User is obliged to follow these amendments and updates and shall be deemed to have agreed with these amendments in case the User continues to use the Website following the publication and/or notification.

8.2. The User cannot partially or completely transfer this Agreement, its annexes or the rights and obligations stipulated herein under this Agreement to any third party without obtaining the prior written consent of İnofab.

8.3. Events that are unpredictable and occur beyond the reasonable control of İnofab and/or that İnofab fails to prevent despite bending all efforts with due care and in this regard cause İnofab to partially or completely fail to execute the obligations stipulated in the Agreement including but not limited to natural disasters, war, civil war, mobilization, strike, fire, pandemic (epidemic), explosion, riot, terrorism, cyber attack, long-term and far-reaching power outage, internet outage, computer viruses and legislative amendments are considered as force majeure within the scope of this Agreement. İnofab cannot be held liable in any way for the delayed, incomplete or non-performance of any of the undertakings specified in this Agreement due to the events enlisted in this article as well as in all cases that may legally be considered as force majeure although it is not included in this article. The User shall not be able to accrue default interest or claim indemnification from Inofab under any name whatsoever for the delayed, incomplete or non-performance of any of the undertakings specified in this Agreement due to force majeure events. In the event that the force majeure event lasts longer than 30 (thirty) days, İnofab shall reserve the right to unilaterally terminate this Agreement without assuming any obligation to pay indemnification.

8.4. Turkish Republic Laws shall apply for the execution, interpretation and management of the legal relations within the scope of this Agreement. Any disputes arising or that may arise based on this Agreement shall be settled within the jurisdiction of Ankara Courts and Enforcement Offices.

8.5. The User acknowledges that it cannot gain a title and/or status of İnofab’s representative, authorized person, agent, commercial representative, stakeholder, solution or business partner, dealer etc. by concluding this Agreement; therefore, the User shall not be able to disclose a notification to be interpreted as such in any documents, brochures and advertisements to be arranged by and between third parties, on its website or in its references.

9. COMMERCIAL ELECTRONIC MESSAGES

9.1. İnofab may communicate with the User via the User's contact information, including the mobile phone number, e-mail address priorly notified by the User for various purposes including announcing and informing about campaigns, advantages, promotions, advertisements, surveys, researches and other customer satisfaction practices.

 9.2. In the event that the User has given prior consent to be contacted within this scope however wants to withdraw this consent, the User can always use the opportunity to opt out of receiving commercial electronic messages free of charge by duly contacting İnofab with the methods specified by İnofab. The use of the right to reject commercial electronic messages does not constitute an obstacle to the compulsory notifications sent in accordance with the provisions of the relevant legislation to which İnofab is subject.

Date of Update: 01.06.2021