Zotlo Terms of Service

• 1.1 Zotlo Third Platform grants you a non-exclusive right subject to these Terms, to use Services. This right is granted to you for the duration of for the products and services you purchase through Zotlo for which you are charged, in other words, throughout your subscriptions.
• 1.2 As Zotlo, we do not store credit card numbers in any way and do not share them with anyone other than our third-party payment service providers. However, you allow Zotlo to store encrypted copies of your users' credit card information by the payment service provider. This web purchase data belongs to you (and your users) and by using our Services you grant a license to Zotlo to use this information for the purposes of performing our service obligations and in return we will show commercially reasonable efforts to keep such information confidential and secure in accordance with industry standards.
• 1.3 Zotlo agrees to comply on your behalf with all applicable local laws and regulations regarding the use, access and storage of web purchase data, including those relating to privacy and data security.
• 1.4 After any termination or expiration of this Agreement or your Zotlo account, we will retain a copy of your web purchase data for ninety (90) days for mandatory reporting or service-related activities only.
• 1.5 We may improve, update or change all or any part of our Services at our discretion, including improving the Services or addressing any legal or regulatory requirements or addressing a change in our policies. If you do not agree to an update, the only solution will be to terminate your use of our Services and comply with the termination obligations set forth in these Terms. Any use of the Services after the update constitutes acceptance of the update.
• 1.6 You acknowledge that the operation of the Services may encounter technical or other problems from time to time and may not continue uninterrupted or without technical or other errors.
• 1.7 We will use reasonable efforts to ensure that the Services are not interrupted except for: (i) planned downtime (ii) any unavailability caused by circumstances beyond our control, including but not limited to force majeure such as government actions, natural disasters, strikes or other labor issues or internet service provider failures or delays.
• 1.8 We will send the information we obtain, including your purchase data, to third-party payment providers; however, we make no representations regarding payment service provider availability, and we are not responsible for any payment service provider downtime or system outages.
• 1.9 You accept and declare that (i) As Zotlo, we are not a bank or another authorized storage institution, (ii) We will not be holding any Money for you or our business associates and (iii) you are solely responsible for all applicable legal financial obligation such as tax, duty, fee.
• 1.10 Zotlo shall not be liable for any losses related to chargeback claims, fraudulent payments or other transactions that are deceptive, fraudulent or otherwise invalid ("Fraudulent Transactions") realized by you. By using our Services, you exempt Zotlo from any liability arising from Fraudulent Transactions. You also agree to use your best endeavors to promptly notify Zotlo of any Fraudulent Transactions that may affect our Services. Zotlo reserves the right, in its sole discretion, to terminate your account when Fraudulent Transactions are made or any other user is permitted to engage in such actions. Based on the risky transaction notifications sent by the bank and/or financial institutions, we reserve our right to examine the payment transactions and cancel the said payment transactions in case we believe that the transactions are risky at our own discretion.
• 1.11 You agree, represent and warrant that you will use our Services only in accordance with all applicable laws and regulations and that you will not use our Services to infringe or misuse our or any third party's intellectual property or other proprietary rights.

• 2.1 These Terms are valid for the period of time that you access our Services ("Term") in accordance with the rules contained herein.
• 2.2 As Zotlo, we may, at our sole discretion, terminate the legally binding agreement between us and these Terms at any time.

• 3.1 Within the scope of the Services provided to you, Zotlo will ensure that any relating subscription data shall be kept securely on our platform.
• 3.2 Refusal of Payment: We reserve our right to refuse to process the payments made through our Services if there is suspicion such as: (a) the transaction is not in compliance with the legislation, (b) the transaction was made without the knowledge of the holder of the credit card used in the transaction, (c) the transaction was made without the knowledge of the holder of the bank account used in the transaction, (d) the transaction is not a real.
• 3.3 Blocking Access to Services: We reserve the right to block access to our Services if the following situations occur: (a) There is a virus threat targeting software related to the Services, which may affect providing the Services, (b) The information on the website does not match the information you provide to us, or this information does not appear on your own website at all.
• 3.4 Refusing the payment transaction or blocking access to Services for the reasons listed above does not mean that the contract and these Terms have been breached by Zotlo.
• 3.5 Zotlo may update the Services it provides, if it deems necessary, Zotlo may postpone and/or suspend temporarily or indefinitely all or some of the Services it provides.

• 4.1 You agree to provide us with up-to-date, complete and accurate information as requested during your registration to the Services ("Registration Information(s)”). You agree not to omit or mistype any Registration Information and to periodically update the Registration Information to ensure it is up-to-date, complete and accurate. You further agree to authorize us to verify the Registration Information required for your use of the Services.
• 4.2 You shall be solely responsible for the following actions:
  • To use the Services in accordance with these Terms;
  • Without prejudice to our obligations set forth in Article 10 and our Privacy Policy, to ensure the confidentiality of your account login information, identity information and passwords related to your account, and to ensure the confidentiality and security of your account;
  • To ensure that your use of the Services to store, process and transfer any data complies with applicable laws and regulations;
  • From all activities that occur in connection with your account, whether undertaken by you or by third parties in connection with the Services;
• 4.3 You shall be responsible for constantly checking whether the products and services offered through the websites are prohibited by applicable law. You shall be solely responsible for the purchase and use of such products and services.
• 4.4 You agree, declare and undertake that you shall not use the Zotlo’s name or logo without the written consent of Zotlo.
• 4.5 Zotlo is not a party to payment transactions for purchases made through Zotlo. You shall be obliged to direct your problems/demands/objections arising from transactions within this scope to the issuing/providing bank and financial institution of the payment instrument used in the transaction.
• 4.6 The following behaviors performed during the use of the Services offered by Zotlo shall be considered as a clear violation of these Terms and the use of the Services may be stopped and/or blocked:
  • Violation of intellectual and/or industrial property rights of third parties such as copyright, trademark,
  • Using the Services even though you do not have the capacity to act or to have rights or your access to the Services is blocked,
  • Making a request regarding your payment transaction with deceptive, misleading, false information and documents,
  • Transfer of the user account without the written consent of Zotlo,
  • Sending spam, unsolicited or mass electronic communications or chain e-mails,
  • Entering Zotlo with robotic or automatic login methods for any purpose,
  • Collecting, storing, sharing e-mail or other personal information of other users in violation of the legislation,
  • Resale, sharing, distribution, reproduction of any intellectual and/or industrial property rights of Zotlo (including but not limited to design, text, image, html code and other codes),
  • Using Zotlo for all kinds of transactions that are not intended to sell products and/or services, but only for the purpose of transferring money, and in general to act to manipulate the operation of Zotlo.

UNLESS STATED OTHERWISE IN YOUR WRITTEN AGREEMENT WITH ZOTLO, OUR SERVICES ARE PROVIDED TO YOU "AS IS" AND SHALL NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. ZOTLO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE-TO-NAME, NON-INTRUSIVE USE, OR INFRINGEMENT TO THE EXTENT PERMITTED BY APPLICABLE LEGISLATION. NOTWITHSTANDING THE FOREGOING, ZOTLO DOES NOT WARRANT THAT THE FUNCTIONALITY OR ANY SERVICE AVAILABLE ON THE WEBSITE SHALL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS SHALL BE CORRECTED, THAT ZOTLO WEBSITE OR SERVICES OR SERVERS SHALL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL CONTENT. ZOTLO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT THE VALIDNESS, ACCURACY, RELIABILITY OF THE USE OF THE SERVICES OR THE RESULTS OF USE. APPLICABLE LAW MAY NOT PERMIT THE WAIVER OF STATED WARRANTIES, SO THE AFOREMENTIONED DISCLAIMER MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT WE MAY HOST REFERRAL CONTENT TO OTHER THIRD PARTIES WHILE PROVIDING OUR SERVICE, AND THAT ZOTLO HAS NO CONTROL OVER AND HAS NO COMMITMENT TO SUCH THIRD PARTIES' CONTENT OR PRODUCT, AND YOU HEREUNDER IRREVOCABLY WAIVE ANY CLAIMS AGAINST US REGARDING THIRD PARTY.

• 6.1 Payment information shall be automatically sent to the payment service provider via Zotlo.
• 6.2 When you confirm the transaction on the website containing the payment method through Zotlo, you will be automatically redirected to the website of the relevant bank and/or financial institution. In order to make the payment, you, as the cardholder, will need to confirm the relevant payment through the site to which the payment service provider will direct you.
• 6.3 In the event that all transactions, including transferring the amount subject to the payment transaction and receiving a positive provision by the payment service provider are carried out properly, the status of "transaction completed" will be assigned. If a negative provision is given regarding the transaction, you will be informed about the issue and the appropriate status will be assigned to the transaction along with the reason why it was not completed.
• 6.4 In case of information or suspicion from the payment service provider that any payment transaction is made without the knowledge or consent of the cardholder, Zotlo may, at its sole discretion, cancel the relevant payment transaction, reject the request or refund the amount paid. In such cases, Zotlo does not guarantee any right to you, and you cannot claim compensation for damage or loss under any name from Zotlo for this reason.

• 7.1 By agreeing to these Terms, you also agree that you shall be solely responsible for all third party claims, demands and investigations we face and all damages and costs arising from (1) your violation of our Terms and Privacy Statement, including but not limited to the following, violation of the rights of another person or entity or applicable law; (2) Content you transmit or use within the scope of our Services; (3) any activity you perform on or through our Services, and (4) your possible a false/misleading statement, you further agree that Zotlo shall have no responsibility in this context. You agree to cooperate fully with us in any dispute or legal defense if necessary.
• 7.2 You agree that you shall immediately indemnify Zotlo and other related persons/institutions in cash and in full, with no need to any demand if you commit to any of violations against our Terms, Zotlo and its affiliates, subsidiaries, officers, representatives, partners and employees, or the rights of another person or entity because of the content, data or information you submit, contribute, post or transmit on or through the Services. Zotlo shall not be responsible for any claims, including reasonable legal fees, from any third party, and that you shall be solely responsible for all such claims, costs and damages, and in the event that any liability or loss arises from the above-listed due to these violations.
• 7.3 Except to the extent caused by our willful breach of these Terms, Zotlo and its affiliates, subsidiaries, officers, agents or other partners and employees shall not be responsible for any losses, changes, alterations, damages that may result from your failure to properly protect your account login information, including your passwords. You agree to promptly notify us of any unauthorized access or use of your account, login information, identity information or passwords, or any unauthorized activity within your account. We reserve the right to suspend or terminate the Services without notice if we reasonably suspect any unauthorized activity, and you agree to cooperate with us in any investigation of suspected or unauthorized activity.
• 7.4 If you do not fulfill the commitments and obligations in the applicable legislation, our Terms, our Privacy Policy, or if we, our staff or third parties suffer a loss or get damaged during the provision of the Service, including but not limited to the ones stated, you agree that the amount of direct and indirect damage suffered by us as a damaged party proven by its grounds shall be paid immediately and in full, and if this amount is not paid to us, this amount can be deducted from your receivables with us.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESS OR IMPLIED, WE EXCLUDE ALL TERMS, WARRANTIES, REPRESENTATIONS, OR OTHER TERMS APPLICABLE TO OUR SERVICES OR THE CONTENT OF OUR SERVICES.

AGAINST ANY OF OUR PARTNERS, WE SHALL NOT BE LIABLE FROM ANY CLAIM BASED ON ANY LOSS OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, CONTRACTUAL, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS, ANY COMPULSORY BREACH OF DUTY OR ANY OTHER CLAIM) EVEN IF WE HAVE INFORMED THE PARTNER ON POSSIBLE LOSSES.

SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

• 9.1 These Terms shall apply to access, disclosure and use of Confidential Information and other rights and obligations relating to such information. The provisions set out in Article 10 shall supersede any other confidentiality agreement signed between the parties prior to these Terms and the provisions of the previous agreement regarding Confidential Information shall not apply. All confidentiality obligations will be valid for the Term and for an additional 1 year.
• 9.2 You or Zotlo (“Disclosing Party”) may from time to time, in providing the Services, provide the other party (“Disclosed Party”) with confidential, proprietary and/or non-public information, materials or know-how of the Disclosing Party or information, material or knowledge that may be considered confidential (“Confidential Information”). For the purpose of these Terms, your Confidential Information includes data that we have obtained during the service, and our Confidential Information includes our Services and documents. The Disclosed Party agrees to protect the Disclosing Party's Confidential Information from unauthorized access, disclosure or use, with reasonable care in the same way that that Party protects its own confidential or proprietary information. The Disclosed Party shall access and use the Disclosing Party's Confidential Information only in connection with the requirements of these Terms, and the Disclosed Party shall only use the Confidential Information and for the sole purpose of fulfilling the Conditions (or for other purposes expressly stated in writing by the Disclosing Party) with its employees and with which it enters into a contractual relationship for the performance of the Conditions to other parties who need to know Confidential Information.
• 9.3 Obligations of the Disclosed Party regarding Confidential Information of the Disclosing Party shall be terminated when (i) this information is lawfully known by the Disclosed Party at the time of disclosure (ii) disclosure by a third party entitled to disclose the information which is not subject to any confidentiality restrictions (iii) the information made public without the fault of the Disclosed Party (iv) the information with an evidence that was developed by the Disclosed Party independently and without accessing or using the Disclosing Party's Confidential Information. In addition, the Disclosed Party may disclose it to the relevant institutions the Disclosing Party's Confidential Information, if required by law, courts, or other judicial or administrative bodies, by informing the Disclosing Party duly in writing (to the extent legally permitted) while cooperating with the Disclosing Party.
• 9.4 The Disclosed Party shall immediately return to the Disclosing Party all Confidential Information belonging to the Disclosing Party and under its own structure and control, upon the request of the Disclosing Party, and permanently delete the electronic copies of the Confidential Information. At the request of the Disclosing Party, the Disclosed Party shall demonstrate in writing that it fully complies with the obligations set forth in article 10.
• 9.5 Zotlo shall forward the user and card information it has, the usage and transaction information you perform, to the relevant authorities upon request from the competent authorities in accordance with the applicable legislation.

• 10.1 Each provision of our Terms shall be independent of each other, and in the event that one or more provisions are completely and/or partially invalid or subsequently become invalid, the other provisions shall not be affected and shall remain valid.
• 10.2 We may change and update these terms to ensure that our terms are valid, legitimate and enforceable.

• 11.1 We may transfer to any entity that directly or indirectly manages Zotlo or is controlled by, or is under joint control with Zotlo(“Group Companies”), all or part of these Terms, or our obligations or the performance of our rights or obligations set out in these Terms, in whole or in part, without prior notice to you or without your consent, in which case we shall always be responsible for the subcontractor's performance. You may not assign any or all of these Terms without our prior written consent. Subject to the foregoing, these Terms shall also bind the parties, their successors and assigns.

• 12.1 Neither party shall be liable to the other party for non-fulfillment or delay due to force majeure of any obligation undertaken under these Terms. Force majeure is any unforeseen and unavoidable event that is beyond the reasonable control of the parties. Without being limited to the following; public uprising, war, government restrictions and administrative decisions, embargo, enforcement of the government or an institution, internet speed and interruptions, natural disaster, storm, fires, accident, sabotage, explosion, terrorist attack, shortage of material or consumables supplies, strikes and lockouts shall be considered force majeure.

• 13.1 We cannot guarantee that our Services or any content they contain are free from errors or omissions. We shall not guarantee that our services will always be available or uninterrupted. You shall be responsible for making all necessary arrangements for your access to our Services.

• 14.1 For the purpose of these Terms, It shall be meant by "Intellectual Property Rights", all patents, whether registered or unregistered, rights related to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, trade dress or sale rights, unfair competition rights, design rights, computer software rights, database rights, semiconductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and all applications and renewals or extensions of these rights and any other Intellectual property rights, including any similar or equivalent rights or forms of protection anywhere in the world.
• 14.2 Our Services, web pages created for you within the scope of our Services and all related content are protected under copyright laws and international copyright treaties as well as other intellectual property regulations. In this context, you shall not use the protected content without the permission and approval of Zotlo.
• 14.3 Our trademarks: It shall not be used in connection with any product or service that is not owned by us, in a way that may cause confusion for our customers or users or harm Zotlo. any other trademarks not owned by Zotlo that may appear on our Services; are the property of those who are affiliated with, aligned with, or sponsored by us or not.
• 14.4 It is stated that the know-how and trade secrets provided to you within the scope of our Services are protected under this article and Article 10, in case of sharing with third parties and institutions related/not related to the Services, in case of commercial or non-commercial use in a way that may cause unfair competition. The right to unilaterally stop and terminate the Services shall be reserved.

• 15.1 Our Services may contain links to websites belonging to third parties/institutions. These links are for informational purposes only.
• 15.2 We would like to state that we are not responsible for the contents of third-party websites or resources, and the terms of service and privacy policies determined by these individuals and institutions will apply to third-party websites.

• 16.1 We mutually agree that Istanbul (Çağlayan) Courts and enforcement offices shall be authorized to resolve disputes that may arise from these Terms.

• 17.1 To contact us, you can send an e-mail to support@zotlo.com .