MYLIBA USER AGREEMENT

  1. SIDES

This Myliba OKR and Culture Management System User Agreement (“Agreement”),

With Myliba LTD (“Myliba”), which carries out the activities of the myliba.com website (“Site”)
The person who is a member and uses the com website (“User”)

It was concluded between .

 

  1. THE SUBJECT OF THE CONTRACT
    • The subject of the Agreement is to determine the terms and conditions regarding the presentation of the Myliba OKR and Culture Management Application (“Portal”) to the User through the Site, the User’s use of the Portal, and the rights and obligations of the parties.

 

  1. RIGHTS AND OBLIGATIONS
    • Myliba only provides the infrastructure for the Portal and has no responsibility for the content created and shared on the Portal.
    • Myliba has the right to make updates to the Portal, to publish new versions, publications, extended forms of the Portal, to add new features to the Portal or to remove existing features.
    • Myliba may share the User’s information with its legal advisors and authorized institutions in cases where it is required within the scope of a legal obligation, requested by legally competent authorities, or necessary to protect Myliba’s rights.
    • In cases where the user subsequently purchases a corporate account or package on behalf of himself or the institution he represents, or accepts the authorization given by a corporate account for the institution; He/she accepts that Myliba will not be responsible for any transaction within the scope of the corporate account and that the relevant institution will be solely responsible.
    • The User agrees that the information he/she provides while subscribing to the Portal is complete, accurate and up-to-date, and that if there are any changes in this information, he/she will update the information in question immediately. Myliba is not responsible for the inability to access or benefit from the Portal due to incomplete or inaccurate information or not being up-to-date.
    • The User accepts and undertakes that the content created on the Portal is legal and that the content will not cause any violation of rights.
    • The User cannot give the password he created on Myliba to any other person or organization. The User has the right to use the password in question and the obligation to ensure the confidentiality and security of the password belongs to him/her. He accepts that he is solely responsible for the damages suffered by third parties due to the password being used by an unauthorized person, lost or changed hands, and that Myliba will not be responsible for the damages incurred in this case.
    • Precautions have been taken within available means to ensure that the Site and Portal are free of viruses and similar software. In addition, in order to ensure ultimate security, the User must supply his own virus protection system and provide the necessary protection.
    • All legal, administrative and criminal liabilities arising from the User’s use of the Portal belong to the User. Myliba cannot be held directly and/or indirectly responsible for any damages that the User and third parties may suffer as a result of the User’s activities on the Portal and/or actions contrary to this Agreement and the law. In this context, any demands made against Myliba and any damages caused by Myliba due to the User’s actions will be recourse to the User to be paid at the first request.

 

  1. INTELLECTUAL PROPERTY RIGHTS
    • Myliba’s systems and all financial, moral and commercial rights of the Portal, including the visuals and designs, texts, logos and graphics in the Portal, belong to Myliba. Myliba agrees to grant the User a non-exclusive and non-transferable right of use (simple license) on the Portal, limited to the duration of the Agreement, and this limited right of use granted to the User shall be subject to liability against Myliba, especially Myliba’s right to grant licenses to others. It cannot be interpreted as restricting the free exercise of all other rights.
    • The User will use the Portal only within the scope specified in this Agreement, and cannot lend this right, or offer it to the benefit of third parties (person, institution, organization, User, etc.) in any way, whether for a fee or free of charge, such as renting within the scope of the license provided to him or her. In this context, copying, reproducing and/or using, distributing and processing the information, content and/or software used by Myliba within the scope of the Portal beyond the benefit specified under this Agreement is strictly prohibited. In addition, the User takes actions that may threaten the security of the Portal or Myliba systems and/or harm the Portal, Myliba and other users, takes any action that may prevent the Portal and other software belonging to the Portal from working or other users from benefiting from the Portal, imposes a disproportionate load on the system or the Portal in a way that results in Unauthorized access to the Portal’s source codes or Myliba’s systems, copying, deleting, changing this information or attempting to do so; It is strictly forbidden to use or attempt to use software that will prevent the Portal from working, or to disrupt the operation of any software, hardware and servers, to cause them to malfunction, to reverse engineer, to organize attacks, to occupy or otherwise interfere with them, or to attempt to access Myliba servers.
    • The User agrees that he/she will not compete with Myliba and the Portal by the methods mentioned above or in other ways, and will not support third parties acting for this purpose.

 

  1. PROTECTION OF PERSONAL DATA
    • If the user becomes a member of a company, institution or organization, he/she accepts that he/she is notified that the company is the data controller regarding all personal data processed.
    • The User undertakes that he/she will not process the personal data of third parties unlawfully and that he/she has fulfilled all necessary permission and information activities in accordance with the law so that the data of third parties can be processed on the Portal. The User accepts, declares and undertakes that he/she is aware that Myliba’s servers are located in Frankfurt, Germany.

 

  1. LIMITATION OF LIABILITY
    • Myliba provides the Portal “As Is” and makes no claim or commitment that the Portal is error-free, flawless, uninterrupted, perfect or that it will fully meet the User’s specific needs. Myliba shall not be liable for any direct or indirect damages arising from the User’s (i) use, non-use or misuse of the Portal or failure to fulfill its commitments and obligations specified in the Agreement, any loss of profit, loss of data, loss of business, loss of reputation, All kinds of material, moral and financial damages such as loss of expected savings, interruption of work, and compensation claims that may be made by a third party; (ii) all hardware, system software/other software and network related functions and any resulting malfunctions; (iii) communication network, internet connection, connection errors; (iv) The User is responsible for any changes, updates and similar works carried out by third parties on the Portal; (v) is not responsible for any damages arising from voltage fluctuations, battery and power cuts, virus infection and similar environmental factors.
    • Myliba will not be liable for any indirect, special, incidental or punitive damages arising from the use of the Portal, including, but not limited to, loss of profits, loss of goodwill and reputation, to the extent permitted by the applicable law. The User is solely responsible for the compliance of the contents created within the scope of the Portal, authorizations and other processes regarding the use of the Portal with the relevant legislation, the User’s fulfillment of the obligations stipulated in the relevant legislation, and any claims and demands of third parties related to the contents created and the use of the Portal, and in this context, Myliba will not be able to make any claims or demands against . Myliba makes no warranties, express or implied, regarding merchantability, fitness for a particular purpose or use, or non-infringement under this Agreement. Myliba has no liability for any damage that may arise to the User within the scope of this Agreement.
    • The User is solely responsible for the content created on the Portal and the use of this content and the Portal. The User agrees to indemnify Myliba from all claims and demands (including litigation costs and attorney fees) that may be submitted by third parties and institutions regarding the content, service, intellectual property violations and use of the Portal.
    • The User acknowledges that access to and quality of the content offered through the Portal depends largely on the quality of the service provided by the relevant internet service provider and that Myliba has no responsibility for problems arising from the quality of service in question. Myliba cannot use the Portal with any device or web browser. He accepts and declares that he does not make any commitment that it is compatible with the Portal, that the operation of the Portal is not free from defects and that he is aware that he may encounter technical glitches or access barriers from time to time.

 

  1. FINAL PROVISIONS
    • Myliba may terminate this agreement unilaterally at any time. Individual users can close their accounts at any time. Conditions regarding corporate use are reserved. If individual users choose to permanently close their accounts, all records and content will be destroyed, except for records that are legally required to be retained or are required to be retained to protect Myliba’s rights or interests.
    • In all cases deemed as force majeure, neither party can be held responsible for late or incomplete performance or non-performance of any of its acts specified in this Agreement. Force majeure; It will be interpreted as events that occur beyond the reasonable control of the relevant party, including but not limited to natural disasters, riots, war, strikes, lockouts, malfunctions caused by telecommunications infrastructure, power outages and bad weather conditions. The parties’ actions will be suspended during the force majeure period.
    • Myliba may change, update or cancel the terms of this Agreement by notifying the User by e-mail. Any provision that is changed, updated or repealed will be binding on the User upon notification sent to the User via e-mail. If the User does not accept the relevant change, update or cancellation, the User may terminate his membership.
    • Istanbul Courts and Enforcement Offices have jurisdiction in disputes regarding this agreement.
    • If the User fills out the form presented on myliba.com to start using the Portal and approves this Agreement, it means that the User has read and accepted this Agreement. This Agreement has been concluded and entered into mutual force upon the User’s approval of the Agreement.