- Subject of the Agreement
The subject of this agreement is to determine the terms and conditions of the user to utilize the services offered by www.holonext.com and its mobile application and to define the rights and obligations of the parties. This agreement is binding on the Parties and covers the forms and conditions regarding the services offered by the Website to the user.
- Definitions & Parties
The user may subscribe to the system on www.holonext.com (the “Website”) by filling the registration form. Unless otherwise specified, the terms in this Agreement and its annexes shall have the following meaning:
- Website: It refers to www.holonext.com.
- Mobile Application: It refers to the mobile application software that users download as “HoloNext AR View” from Google Play and App Store. In this application, users may review the contents that they created and uploaded to the Website through the Augmented Reality (AR) mode on their mobile devices.
- User:It refers to people who become members of the website and use the services provided.
- HoloNext:It refers to the company bearing the trade name ‘’Holonet Bilişim Teknolojileri Sanayi ve Ticaret Anonim Şirketi’’, located at Acibadem Mahallesi, Cecen Sokak, No:25, A Ic Kapi No:150, Uskudar / İstanbul, TURKEY.
- Content:It refers to the 3D model, graphic, video, sound, and similar creations uploaded to the Website by the users.
- AR:It refers to the Augmented Reality technology.
- Scene:It refers to file recording systems where user-uploaded content is recorded and displayed as AR via websites and mobile applications.
- Validity Date:It refers to the date when a user registers on the website after creating a membership and accepting this agreement.
- Acceptance of User Agreement
The user will be able to utilize the services, provided that s/he fulfills her/his acquisitions stated under this agreement in full and as required. The price to be paid to utilize the services on the Website by the user will be determined by the package price list on the Website. The prices on the date when the user purchases the package are valid until the end of the package period. The Website reserves the right to change the package prices during or at the end of this period. However, the user will not make any additional payment for her/his current package until the end of the package period. The User who wants to renew the membership or purchase a new package at the end of the package period will pay the price in the current package price list on that date. These rights and obligations are valid for all website users.
- Definition of Service
It refers to the web and mobile-based content management tool that enables the user to organize the Contents, which belong to the user and/or on which the user has the right to use, on the Web and Mobile Platforms and to display such contents in the Augmented Reality (AR) mode.
- Use of the Website
5.1 The membership becomes active and the user becomes a member, after accepting the terms of this agreement, completing the application, and approval of the verification e-mail sent by the Website to the user-entered e-mail address on the system.
5.2 Membership on the website is personal. Each user will have a username to be determined by her/him or an e-mail address and a password. “Username” is unique to each member and the same username cannot be used by other members. Usernames and passwords cannot be shared or transferred. The Website shall not be held responsible for any problem that may occur in such cases. The password chosen during registration should be known only by the user. The user is responsible for the choice and protection of the password.
5.3 In case of an action against the Website by using the user’s password, the User accepts, declares and undertakes in advance to be liable to the Website irrevocably for the damage arising from these actions and to disburse the payment made by the Website to third parties. The information requested during registration on the Website must be entered completely and correctly. In the event that this information is incomplete or incorrect, the Website reserves the right to make changes in the profile, suspend or cancel the membership of such member, without issuing any warning. The Website shall not be responsible for any inconvenience due to the missing or incorrect information provided by the user during application.
5.4 The user is obliged to notify the Website of any kind of changes that may occur in the information provided during the application, within 15 days at the latest after the change. In case the Website suffers any damage due to the failure of the notification, the Website reserves the right to request any kind of damage from the user.
- Uploading Content and Creating Scenes
- After signing on the website by using the Username and Password created by the User during registration to the Website, s/he can add her/his own Content and save it as a file.
- The content to be uploaded to the website can only be in file format (.obj and .glTF) specified on the upload panel.
- The user creates a Scene before uploading the contents. The Scene that s/he creates contains contents belong to her/him. After deciding the features of the models, such as size, color, etc. located in the Scene, the Scene is recorded.
- The recorded scenes are displayed on the Web and/or mobile application of the Website.
Users can review the statistics of the contents that they uploaded to the website and contain some data on their use of the website. These statistics will be determined previously by HoloNext within the Website completely and Users will be able to review these data statistically within the determined limits.
- Maintenance and Technical Support
HoloNext is responsible for the overall technical infrastructure and maintenance service of the website.
Contents uploaded by users to the website are securely stored under the cloud server systems of the website. Users can access the contents that they uploaded at any time.
- Other Services
HoloNext may upload the contents of the user to the website on behalf of the User if requested by the user. This service is charged on a project basis, unlike the standard pricing tariff offered to all users of the Website.
11.1 The price that the user will pay to the Website to use these services will be determined by the package price list on the Website. The prices on the date when the user purchases the package are valid until the end of the package period. The Website reserves the right to change the package prices during or at the end of this period. However, the user will not make any additional payment for her/his current package until the end of the package period. The User who wants to renew the membership or purchase a new package at the end of the package period will pay the price in the current package price list on that date.
11.2 Upon completion of the registration by the user, the account that will be active during the package service period chosen by the user will be put into service. Membership can be actively used until the expiration of the service period in the selected package. At the end of this period, if the user does not renew her/his subscription by choosing a new package or does not pass to another package, her/his membership will be changed as passive. Membership is active as long as the current subscription is renewed, the new package is purchased and the terms of this agreement comply. In case of non-compliance with the terms of the agreement, the Website has the right to terminate the agreement unilaterally.
11.3 The prices of the service packages offered by the Website are published on the Website. The Website may change the service prices and service content at any time, provided that it is published on the Website. Users with active membership are not affected by these changes until their active packages expire. However, in the case of purchasing new packages or renewing their current packages, current service prices and service content will be valid.
- Payment Terms
For online payments, if the card is used illegally by someone other than the cardholder, the necessary transaction shall be made pursuant to the provisions of the Law on Bank Cards and Credit Cards numbered 5464 and dated 23/02/2006 and the Regulation on Bank Cards and Credit Cards published in the Official Gazette dated 10/03/2007 and numbered 26458.
This User Agreement shall remain in effect until terminated by the Parties.
- User’s Rights and Obligations
14.1 Each user has the right to create one membership on the Website. If it is determined that a user has created more than one membership, this is considered as a definitive violation of the Website rules and the memberships of this user shall be canceled.
14.2 In case of an action against the Website by using the user’s password, the User accepts, declares and undertakes in advance to be liable to the Website irrevocably for the damage arising from these actions and to disburse the payment made by the Website to third parties.
14.3 Members confirm the accuracy of the information that they provide during registration and/or communication and accept in advance any kind of results that may arise from this information being incorrect.
14.4 The user accepts, declares and undertakes that s/he will provide the necessary source files for the performance of the service. The user is responsible for the content of the source files and any kind of actions the user will make on the user panel by using this source file.
14.5 The user is bound by all content that s/he published through the Website and shall be responsible for all undertakings resulting from them.
14.6 The user accepts, declares and undertakes that the sale and display of the contents of the user will not create any violation of any law and/or morals as per the legislation in force, will not cause any violation of rights, and all rights, authorization, and responsibilities for the publication, the offer to sell and sale of the products related to the said advertisements and contents on internet belong to her/himself.
14.7 Users acknowledge that if “Holonext” incurs any damage, including administrative and judicial decisions, due to disputes arising from the users, “Holonext“ is entitled to recourse to such damages within the scope of the “Holonext” user agreement and other rules on the website.
- Rights and Obligations of HoloNext
15.1 The website is not responsible for problems arising from the use of passwords.
15.2 The information requested during the registration of a member to the Website must be entered completely and correctly. In the event that this information is incomplete or incorrect, the Website reserves the right to make changes in the profile, suspend or cancel the membership of such member, without issuing any warning. The Website shall not be responsible for any inconvenience due to the missing or incorrect information provided by the user during application.
15.3 The Website reserves the right to change the profile page and profile information of its members for any reason and without prior notice to the members.
15.4 The Website is not responsible for any damages that may arise due to the fact that the member information is read or changed by unauthorized persons due to the negligence of the member.
15.5 “Holonext” reserves the right to cancel membership and the right to compensation in case of using software that will threaten the security of the Website, prevent or disrupt the operation of the website, making such attempts or trying to make such attempts, making an attack or trying to make an attempt.
15.6 The Website does not check and confirm whether the information provided by its members during the registration is correct and does not accept responsibility in this regard.
15.7 The Website is not responsible for messages, files, contents or services that will be lost and/or received incompletely during the use of the Website.
15.8 A person whose membership has been canceled due to violation of the Website rules may not register again on the Website; in case of her/his registration, this registration can be canceled without any need for a warning.
15.9 The Website is not responsible for failing to fulfill its obligations specified in this agreement, due to errors resulting from reasons that occurred beyond its own initiatives, such as mechanical, electronic or communication malfunction or deterioration.
15.10 The Website is not responsible for any incident caused by users’ inattention, negligence, irresponsibility or fault during their activities.
- Intellectual Property
16.1 All rights of written, illustrated materials, materials with or without 2D, 3D models, videos, audio, graphics on the Website are reserved. It is strictly forbidden to copy and publish and/or market these materials on personal pages. If such kind of materials is used in personal pages, it is obligatory to state an expression at the bottom of the page indicating as to whom it is cited from and/or that it is permitted by the quoted person and commercial institution. Otherwise, the Website accepts no liability for any legal disputes that may arise.
16.2 The user will always be the right owner on any kind of advertisement, contents, and visuals that s/he has transmitted to other websites through the Website. The user accepts, declares and undertakes in advance that s/he is personally responsible for the authenticity, security, accuracy and compliance of law and/or morals of any kind of visual, written, illustrated, 3D model, video, sound, graphics and other information/contents that the user published, created, produced by using the Website; that the Website is not liable for these issues, that s/he shall be liable irrevocably to the Website for the damages that the Website will incur due to these information/contents and for the payments made by the Website to the third parties who are damaged.
16.3 The information, photos, links, contents, videos, sounds, 3D models, graphics on the Website cannot be used for another service by copying.
- Violation & Third-Party Requests
The user shall never display or sell counterfeit/fake/stolen content or content that required permission and/or unauthorized content via the Website. In addition to this, the user is obliged to follow up on the prohibited content list continuously and not to display or sell the contents stated in this list. In the event that the user displays or sells the contents stated in the list, the user may be the sole respondent of requests that may be directed to the Website due to the violation of law and/or morals by these actions, or of requests that may arise from violations of third parties’ copyright and trademark. The Website shall have no liability in this regard.
The user accepts, declares and undertakes in advance to be liable irrevocably to the Website for any damage to be incurred by the Website and the payment made by the Website to third parties who face damage due to actions contrary to the provision of this article. In the event of the actions of the user contrary to the provision of this article, the Website shall have the right to terminate the agreement with a valid reason without any responsibility for payment of any compensation, and the Website’s other compensation rights shall be reserved.
It has been regulated as per the Confidentiality Policy.
- Personal Data
It has been regulated as per the PPDL Clarification Text.
In case it is determined that user’s activities do not comply with the terms of this agreement and the rules and conditions declared on the Website, that these activities are against the morals, constitute a violation of the legislation, pose a risk in terms of legal, technical and especially information security, that these are in the nature of injuring the personal and commercial rights of third parties, the Website may temporarily or permanently cease the publication of relevant announcements, suspend her/his membership or terminate her/his membership without making any prior notice to the user. The user agrees, declares and undertakes not to request any fee and other compensations from the Website in such a case. In case of violation of the provision of this article, the Website’s unilateral termination right of the agreement is reserved without stating any reason or making any warning, whenever the Website requests. Members can unsubscribe at any time they wish. The Website also has the right to cancel a membership without making any warning or stating any reason.
The Website may contain links or references to other websites that are not under its control. The Website is not responsible for the content of these websites or any other links that they contain.
Cookies are used in the system. Cookies are pieces of information transferred by a website to the cookie file fixed on the hard disk of the user’s computer. They enable users to surf the website and help to prepare content appropriate to the needs of users accessing the website, when necessary. Click here to access detailed information regarding cookie settings.
- Force Majeure
As per this Agreement, the parties shall not be liable to each other if they are unable to fulfill any provision of this agreement, due to a force majeure and cogent causes either directly or indirectly such as natural disasters, actions of civil or military authorities, civil conflicts, war, civil war, strike, fire, etc. Parties may request the continuation of the Agreement from each other after the termination of the Force Majeure events. If the force majeure event lasts more than 30 (thirty) days, both parties may terminate this agreement unilaterally.
- Changing User Terms
The Website can start, announce, cease, remove, or reapply campaigns without the need of giving any prior information. The Website has the right to make any changes to the above-mentioned articles without the need of giving any prior information.
- Applicable Law & Authority
This agreement shall be interpreted under the laws of the Republic of Turkey without making any distinguish among legal disputes, and Istanbul Courts and Execution Offices are authorized in the implementation of this agreement.
The user agrees and declares that all computer records belonging to the Website shall be taken as the sole and genuine exclusive evidence in accordance with Article 287 of the Code of Civil Procedure and that the mentioned records constitute an evidential agreement.
If a provision of this Agreement is or becomes invalid or unenforceable, this is limited to this situation and the remainder of the agreement remains its validity fully.
- Domicile and Notification Addresses
The parties hereby accept and declare that they have specified their addresses as their legal domicile and notification addresses for all notifications to be made due to this user agreement. The parties accept, declare and undertake that the notifications to be made to these addresses shall be deemed valid unless any change in these addresses is notified to the other party in writing.
- Transfer of Rights and Obligations
The user cannot transfer and assign this user agreement and the rights and liabilities arose or to arise from this user agreement to third parties without prior written permission of Holonext.
- Independent Contractor
The status of the Website according to this Agreement is an independent contractor. The Website shall not be considered as the representative, employee, partner or venture partner of the user for any reason. The user shall not bind the Website or put the Website under any obligation without prior written authorization and approval and shall not represent itself that it has such authorities.
- Effective Date
This Agreement shall enter into force upon its acceptance by the User in the electronic environment and shall remain in force unless terminated by either party as specified below.