1. Parties and scope
These Terms of Service (the “Terms”) govern the relationship between [COMPANY LEGAL NAME] (“CM Apps”, “we”, “us”) and any natural or legal person who visits our website, uses our products or benefits from our services (the “Customer”, “you”).
Agreements signed separately for a specific product or project (Master Services Agreement, SaaS Subscription Agreement, Statement of Work, etc.) take precedence over these Terms; these Terms apply on a supplementary basis to matters not addressed in the specific agreement.
2. Definitions
“Services”: software development, consulting, integration, cloud/DevOps, support and similar services provided by CM Apps. “Products”: software developed by CM Apps and offered by subscription or license. “Content”: any data and material uploaded to, transmitted through or processed in a Product or Service by the Customer. “Documents”: these Terms together with all supplementary documents published in the Agreements & Policies center.
3. Account and access
Accounts created to access our Products are opened by a person authorized to act on behalf of the Customer. The Customer is responsible for keeping account credentials confidential and for all activity carried out through its account.
If you become aware of any unauthorized use of your account, you must notify us immediately at [EMAIL]. Security features such as access permissions, user roles and multi-factor authentication are offered on a per-product basis.
4. Terms of use
The Products and Services may be used only in compliance with applicable law, these Terms and the Acceptable Use Policy. Reverse engineering, unauthorized access, generating load that disrupts the service and any use that infringes third-party rights are prohibited.
CM Apps reserves the right to suspend or terminate access in the event of use that violates applicable law or these Terms; where reasonable, prior notice will be given.
5. Fees, invoicing and taxes
Fees are set out in the applicable quotation, order form or subscription plan. Unless agreed otherwise in writing, fees are exclusive of VAT and similar taxes.
Customers established in Türkiye are invoiced in TRY via e-invoice/e-archive; customers established abroad are invoiced in the currency agreed in the contract (EUR/USD). For cross-border services, reverse charge and withholding tax treatment is determined under the legislation of the relevant country. Details are set out in the Billing, Cancellation and Refund Policy.
6. Intellectual property
All intellectual property rights belonging to CM Apps, including the Products, source code, designs, documentation and trademarks, remain with CM Apps. The Customer is granted only a non-exclusive right of use limited to the scope and term defined in the relevant agreement.
In custom development projects, the assignment or licensing of rights in the delivered work is governed separately by the Custom Software Development Agreement and the relevant Statement of Work. Customer Content belongs to the Customer; CM Apps processes such content solely to provide the service.
7. Confidentiality and data protection
The processing of personal data is carried out under the Privacy Policy, the KVKK Privacy Notice and, where the Customer acts as data controller, the Data Processing Agreement (DPA).
The parties protect the trade secrets and confidential information they learn in the course of the business relationship under the conditions set out in the Non-Disclosure Agreement (NDA).
8. Warranty and limitation of liability
The Services are provided in accordance with the duty of professional care. Except as expressly committed in writing, the Products and Services are provided “as is”; no warranty of uninterrupted or error-free operation is given.
To the extent permitted by applicable law, the total liability of CM Apps within any contract year is limited to the fees paid by the Customer for the relevant Service in the [12] months preceding the event giving rise to liability. Indirect damages, loss of profit and damages arising from loss of data are excluded, without prejudice to cases of willful misconduct and gross negligence.
9. Term, suspension and termination
These Terms remain in effect for as long as a Product or Service is used. The term and termination conditions of subscription and project agreements are set out in the relevant document.
Either party may terminate the agreement if the other party fails to remedy a material breach within [30] days despite written notice. Upon termination, the return and deletion of Customer data is carried out in accordance with the procedure in the Data Processing Agreement.
10. Governing law and dispute resolution
For customers established in Türkiye, these Terms are governed by Turkish law; the Courts and Enforcement Offices of [Istanbul] have jurisdiction over disputes.
For customers established outside Türkiye, unless agreed otherwise in the Master Services Agreement, disputes are first addressed through good-faith negotiation; if unresolved, they are finally settled by arbitration under the [ICC / ISTAC] Arbitration Rules, with the seat of arbitration in [Istanbul] and the language of arbitration being [English].
11. Language and precedence
These Terms have been drawn up in Turkish. In the event of translation into another language, the Turkish text prevails unless expressly stated otherwise in the agreement. In agreements signed with customers abroad, the agreement specifies which language version takes precedence.
12. Changes and contact
CM Apps may update these Terms. Material changes are announced on the website and/or by email at least [15] days before they take effect. For questions: [COMPANY LEGAL NAME], [ADDRESS], [EMAIL].