Paketix Platform User Agreement

This Agreement ("Agreement") is entered into between Paketix Bilişim Lojistik Ticaret Sanayi Anonim Şirketi ("Paketix"), a Turkish joint stock company, and the user ("Customer" or "Business Partner") of the Paketix Platform ("Platform"). This Agreement governs the use of the Paketix Platform, which connects service providers (Paketix Partners) and customers requiring delivery services (Paketix Customers).

By using the Platform, the Customer agrees to be bound by the terms of this Agreement.

1. Use of Services

1.1 Permitted Use

Paketix grants the Customer a non-exclusive, non-transferable, worldwide license to access and use the Platform to manage and optimize its delivery operations. The Platform may be used to the extent described in this Agreement and in accordance with the purposes of the Customer's business operations.

1.2 Restrictions

The Customer may not do the following:

• License, sublicense, sell, resell, transfer, assign, assign, distribute, or commercially exploit the Platform in any way.
• Modify, adapt, reverse engineer, decompile, or attempt to gain unauthorized access to the Platform or underlying technology.
• Use the Platform to process data for third parties who are not direct customers (unless written permission has been obtained from Paketix).
• Use the Platform contrary to applicable laws, regulations, or third-party rights.
• Engage in any tax evasion by entering prices other than the actual service prices on the Platform, reducing the commissions to be paid, or underestimating the invoices to be issued. Such attempts will result in blocking access to the Platform and reporting to the relevant authorities.

1.3 Data Processing and Ownership

The Customer is the owner of all data generated using the Platform. Paketix may process this data for the sole purpose of improving the Platform, for use in broader analytics after anonymization and randomization. Customer data will not be sold to third parties in any way. If the Customer wishes to stop using the Platform services, they may request that Paketix delete their data.

Paketix reserves the right to use anonymized data to improve the Platform. If a cybersecurity or personal data incident occurs, Paketix will notify the relevant government cybersecurity agency.

1.4 Contents of Packages in Transit

Paketix accepts no responsibility for the contents of the transported packages. The Customer or Partner is responsible for ensuring that the goods transported are legal and comply with all relevant laws. Paketix will not assume any liability in case of illegal or improper use of the contents.

2. Customer Obligations

2.1 Disclosures and Rights

The Customer is responsible for ensuring that it has the necessary rights and permissions to provide data to Paketix and to allow such data to be used per this Agreement. The Customer must also comply with all applicable laws, regulations, and third-party rights when using the Platform.

2.2 Product Compliance

The Customer is responsible for ensuring the Platform meets its business needs and requirements. Paketix does not guarantee that the Platform will be uninterrupted or error-free.

2.3 Privacy

Paketix Business Partners are obliged to keep any information related to Platform users confidential. In case of intentional breach or misuse of confidential information, the Partner will be banned from the Platform. In case of serious violations, Paketix will also notify the relevant authorities.

3. Support and Consultancy Services

Paketix provides support through a forum-based community and offers consulting services through knowledge base items and video tutorials. More advanced consulting services can be provided through separate agreements.

4. Billing and Payment

4.1 Fees

There is no fee for using the platform. Customer payments for services received from Paketix Partners may be in advance, daily, or weekly, depending on the options offered by the Partner in the region. Paketix earns commissions from service exchanges between users.

4.2 Payment Terms

Partners are authorized to manage all prices and costs related to their operations; these include

• Courier costs: Cost of service per kilometer traveled, per package, etc.
• Service charges to the customer: Per kilometer traveled, minimum package price, service cost.
• Trade method: In advance, daily, etc.

If payment is not received, the courier company is initially authorized to suspend services, but Paketix retains its commission until payment is made.

4.3 Suspension in case of non-payment

Paketix reserves the right to withhold its commission until full payment is received. Continued non-payment may result in the Partner being suspended from the Platform.

5. Intellectual Property

5.1 Property

Paketix retains ownership of all intellectual property, software, documentation, and any enhancements or modifications related to the Platform. The Customer retains ownership of its data but grants Paketix a license to use the anonymized data to improve the Platform.

5.2 Intellectual Property Infringement

Paketix will take legal action against any theft or infringement of intellectual property, including any unauthorized use of configurations generated by the Platform.

6. Compensation

6.1 Compensation by the Customer

The Customer agrees to indemnify and hold Paketix harmless from any claim, damage, or loss arising out of its use of the Platform, including breaches of this Agreement or infringements of third-party rights.

6.2 Scope of Indemnification

Paketix will not be liable for third-party service interruptions or disputes between users on the Platform. The Platform is provided "as-is," and Paketix does not guarantee uninterrupted service.

7. Limitation of Liability

Paketix shall not be liable for indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.

8. Third Party Services

Paketix integrates with various third-party services, such as payment gateways and APIs. While Paketix endeavors to ensure these services are reliable, Paketix accepts no responsibility for third-party service interruptions. The Platform service will resume once the third-party providers are operational again.

9. Guarantees and Disclaimers

Paketix warrants that the Platform will operate as described in the accompanying documentation. This warranty is subject to limitations imposed by our platform provider, OutSystems, and our cloud providers, AWS and DigitalOcean. Paketix accepts no liability for interruptions due to force majeure or third-party service failures.

10. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of Turkey, particularly the Personal Data Protection Law (KVKK). Any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts in Ankara, Turkey.

11. Duration and Termination

11.1 Duration

This Agreement will remain in force until terminated by either party. The Client may stop using the Platform and delete its data or store it for future use.

11.2. Termination for Cause

Paketix may terminate this Agreement for just cause, such as non-payment or breach of confidentiality by the Business Partner.

11.3 Effect of Termination

Upon termination, the Client must cease using the Platform and delete the relevant software from its systems. Paketix reserves the right to store anonymized data for internal use.

12. Feedback and Publicity

Paketix welcomes feedback from its users and may use it to improve the Platform. Paketix may publicize success stories or case studies about its Clients unless the Client opts out of such publicity.

13. Confidentiality

Paketix and the Customer agree that all information shared during the term of this Agreement is confidential. This information includes any non-public information, including but not limited to business processes, technical data, and customer information. A willful breach of confidentiality will result in immediate termination of access to the Platform, and serious breaches will be reported to the relevant authorities.

14. Definitions

• Paketix: means Paketix Bilişim Lojistik Ticaret Sanayi Anonim Şirketi and is the company that provides the Platform and services specified in this Agreement.
• Platform: The software and services provided by Paketix that are used by Business Partners and Customers to manage and facilitate delivery operations.
• Customer: Any legal entity, including businesses and individual users, that uses the Platform to manage delivery operations.
• Partner: Service providers, usually courier companies, who offer their services to Customers through the Platform.
• Data: Information created or provided by the Customer during the use of the Platform, including but not limited to operational data, personal data and business information.
• Confidential Information: Any non-public information disclosed by either party that is designated as confidential or should reasonably be understood to be confidential given the nature of the information and the circumstances of its disclosure.