Terms of service

SALES CONTRACT
1- SUBJECT OF THE CONTRACT:
Article 1.1- The subject of this contract includes the sale of the device called "OBDPortal", which
is produced by the Seller and all rights of which belong to the seller company, and its delivery to the
buyer for a certain fee.
Article 1.2- The Seller expresses the definition, features and requirements for the fulfillment of the
function of the device called "OBDPortal", which is the subject of this sales contract, as follows:"It
is manufactured and used to detect and fix the faults of highway vehicles experiencing a fault,
regardless of brand, to code and program highway vehicles and to provide support for software
requests in the vehicle, while the faults of highway vehicles experiencing a fault are detected, this
detection will be carried out with the network connection provided by the seller company, since the
transactions to be made will be carried out over the network connection, this support can be
provided during working hours - the time zones on the OBD PORTAL website - except for
Sundays, which are weekly holidays, since each fault detection will be carried out directly over the
network connection established by the seller company, the buyer party must have an internet
connection to the device subject to this contract. The recipient party must ensure the integrity of the
device named "OBDPortal", which is the subject of this contract, under any circumstances.that the
device named "OBDPortal", which is the subject of this contract, should not make any
interventions that would disrupt the operation and should contact the seller company immediately,
that in order for the device subject to this contract to perform the fault detection, there is a camera
and microphone that is active while the device is in use and a stable internet connection is provided
and that is used to see the dial information of the road vehicle that has applied to the buyer with a
fault complaint, that the camera hardware explained in the previous sentence on the device subject
to this contract named "OBDPortal" does not process any data when the device is not active, that
the camera hardware on the device subject to this contract named "OBDPortal", which is the
subject of this contract, allows the dial of the road vehicle that has applied to the buyer with a fault
complaint and that has come with a fault complaint to help detect the fault and to check whether the
fault has been fixed during the fault detection, and that the data obtained with this control is stored
and used only as auxiliary data in terms of fault detection, that there is a microphone hardware on
the device subject to this contract named "OBDPortal", that the device subject to this contract
named "OBDPortal" is a compact It is designed in a structure and all rights of this design belong to
the seller company, The design rights of the device called "OBDPortal" which is the subject of this
contract are protected by a patent, The software used by the device called "OBDPortal" which is
the subject of this contract was created entirely by the seller company, All rights of the software
used by the device called "OBDPortal" which is the subject of this contract belong to the seller
company, The operating principle of the device called "OBDPortal" which is the subject of this
contract is; "It is stated that the device called "OBDPortal", which is the subject of this contract, is
connected to the OBD connection port of the road vehicle that applies to the buyer with a fault
complaint, and the device is connected to the network provided by the seller company thanks to the
internet connection provided by the buyer, and the method of detecting the fault in the road vehicle
that comes with the fault complaint is used thanks to the server created by the seller company and
whose all rights belong to the seller company" and the seller party does not provide any work or
support other than the definition in this article.
Article 1.3- The seller company accepts and undertakes to deliver the device called "OBDPortal",
which is the subject of this contract, in working condition, up-to-date and intact, consisting of the
OBDPortal device, OBD connection cable, 2 steering hanger apparatus in the box content.
Article 1.4- The buyer party assumes all responsibility for the device called "OBDPortal", which is
the subject of this contract, from the moment it receives the device called "OBDPortal", which is
the subject of this contract. The software support of the device named "OBDPortal", which is the
subject of this contract, is provided by the seller company, but the buyer party accepts, declares and
undertakes that it will not intervene in any way physically or software-wise with the device named
OBDPortal ", which is the subject of this contract.
Article 1.5 - The obligations for the contract are as follows:The obligations of the seller party; to
sell the device named "OBDPortal", to deliver the device named "OBDPortal", which is the
subject of this contract, in a working, up-to-date and sound manner, to keep the device named
"OBDPortal", which is the subject of this contract, up-to-date during the usage period and to
provide all kinds of software support required for the proper operation of the device named
"OBDPortal", which is the subject of this contract, to fix any malfunctions and problems that occur
independently of the buyer party, free of charge for a period of 1 year, and to fix any problems
originating from the buyer party for a certain fee, for 1 year After this period, to fix any kind of
problem that occurs in the device for a certain fee, to detect and fix the malfunctions of road
vehicles experiencing malfunctions regardless of the brand in the definition section of the device
subject to this contract named "OBDPortal" in article 1.2 of this contract, to provide support for
coding and programming in road vehicles and software requests in the vehicle, to provide
connection to the device subject to this contract named "OBDPortal" through the servers they have
established, to fulfill the demands of the buyer in the definition of the device completely, to inform
the buyer about the working principle of the device subject to this contract named "OBDPortal", to
inform the buyer about the working principle of the device subject to this contract named
"OBDPortal", to inform the buyer about the device to be able to use the device To provide USER
ID and password and protect this information in the name and account of the Receiver and to ensure
that the Receiver can use the device in this way, to protect all information of the Receiver against
third party malicious software and persons. "The Buyer's actions; For the device named
"OBDPortal", which is the subject of this contract, to pay the fee amount set forth in Section 2 of
this contract and mutually agreed upon by the parties for each transaction in which the device
named "OBDPortal" will be used, in advance to the account information of the seller in Section 2
of this contract, not to intervene in any way physically or software (reverse engineering) to the
device named "OBDPortal", which is the subject of this contract, not to sabotage the software or
any support such as reverse engineering by intervening in the internet connection provided to the
device while the device named "OBDPortal" is operating, and not to copy or sabotage the actions
used by the device and provided by the seller in any way, not to subject the device named
"OBDPortal", which is the subject of this contract, to any external intervention. "If any problem
occurs with the device subject to this contract named "OBDPortal" or any problem related to the
device, immediately contact the seller and fully participate in the information meetings given to him
by the seller regarding the device subject to this contract named "OBDPortal" and act in
accordance with the information provided to him therein, use the device by declaring that there is a
stable internet connection and a voltage stabilizer in the vehicle, not sell the device subject to this
contract that he has purchased from the seller to any third party under the name of second hand or
not share the USER ID and password information provided to him by the seller with third parties
and not allow any third party to use the device subject to this contract with his own information.
2- AGREEMENT AMOUNT
Article 2.1- This sales contract between the parties ... includes the delivery of the device called
"OBDPortal", which is the subject of this contract, to the buyer by the seller. During this delivery,
the device/s called "OBDPortal", which are the subject of this contract, are checked one by one by
the buyer and the delivery report included in the annex of this contract is approved by the parties.
From the moment the delivery report included in the annex of this contract is approved, the devices
purchased by the buyer are completely under the buyer's control. The delivery report documents
that the seller has delivered the device called "OBD Portal", which is the subject of this contract, to
the buyer in full, complete, up-to-date and intact in the requested quantity. The parties have
mutually agreed on this matter. This sales contract between the parties is prepared as a result of the
orders given by the parties through the e-mail addresses in the information section of this sales
contract.
Article 2.2- In the sales contract of the device called "OBDPortal", which is the subject of this
contract and mutually approved by the parties, .. " has been sold to the buyer.
Article 2.3- The buyer party shall pay the fee determined by the operator per transaction to the
seller party for each transaction after the device called "OBD Portal", which is the subject of this
contract, .OBDPortal, which is the subject of this contract, has been received and started to use it.
These payments shall be made in advance and shall be made to the account information provided by
the seller before the transaction to be made.
Article 2.4- The device called "OBDPortal", which is the subject of this contract, shall be
delivered completely, completely, up-to-date and intact. In the event of any malfunction
independent of the buyer or a malfunction preventing the operation of the device, which originates
from production or software, in the device called "OBD Portal", which is the subject of this
contract, the maintenance of the device called "OBD Portal", which is the subject of this contract,
shall be carried out by the seller free of charge for a period of 1 year. This period is referred to as
the warranty period. If the fault that occurs is caused by the buyer, this maintenance will be carried
out for a certain fee. Since the maintenance fee may change depending on the fault that occurs, a
different fee schedule will be applied for each concrete case. For each fault that occurs after the
warranty period in question has expired, the seller will carry out the maintenance of this fault for
different fees depending on the fault that occurred in the concrete case.
Article 2.5- In case of any problem or malfunction in the device called "OBDPortal" which is the
subject of this contract, the buyer shall contact the seller directly and immediately within 10 days
from the moment the malfunction occurs. If the buyer does not contact the seller in case of any
malfunction in the device called "OBDPortal" which is the subject of this contract and if
maintenance and repair are attempted by third parties, the buyer shall pay a penalty fee of ..........
Therefore, in case of any component or software problem in the device called "OBDPortal" which
is the subject of this contract, the seller shall be contacted within 10 business days from the date of
malfunction. Otherwise, the seller does not accept any legal or economic responsibilities.
Article 2.6- The amounts included in this contract are determined excluding official taxes.
3 - WARRANTY PERIOD, DELIVERY AND TRANSPORTATION OF MATERIALS
Article 3.1- . All kinds of transportation expenses related to the performance of the works regulated
in this contract are excluded from the contract price.
Article 3.2- The Seller is obliged to deliver the materials it produces within tolerances in
accordance with international standards.
Article 3.3- After the delivery of the materials to the BUYER, all damages and losses arising from
problems that are not caused by the quality of the materials are under the responsibility of the
BUYER.
Article 3.4- In case of problems detected in the materials, the BUYER shall notify the Seller in
writing without delay and within 10 business days at the latest from the date of the problem. In case
of problems caused by the Seller as a result of the tests to be carried out, the Seller is responsible for
re-supplying the materials.
Article 3.5- The warranty period of the materials is 1 year.
4- CONFIDENTIALITY
Article 4.1- All rights of the hardware and software add-ons included in this contract and included
in the device called "OBDPortal" belong to the seller, and the buyer party guarantees and
undertakes that the information of any add-on in these add-ons and on the device will not be copied
by itself or a third party. It accepts, declares and undertakes to pay the damages that will arise
against all judicial and administrative procedures to be carried out regarding any copying of the
design, software and add-ons on the device and, in addition, to pay the penalty fee included in the
penalty clause section of this contract and not to work with the company called OBDPortal again.
5- DISPUTES THAT MAY OCCUR WITHIN THE SCOPE OF PDPL
Article 5.1- The buyer party has given its consent in advance for all data to be obtained regarding
the camera add-on that is included in the design of the device subject to this contract named
"OBDPortal" and that enables the vehicle dial to be displayed for fault detection, which is the main
function of the device, and no legal liability can be imposed on any seller party in this regard.
Article 5.2- The vehicle dial data to be obtained through the camera add-on in the device subject to
this contract named "OBDPortal" will not be stored or processed in any way, and the seller party
accepts, declares and undertakes this situation in advance.
Article 5.3- There is a plug-in that will collect data in the form of any microphone or audio input
and output on the device subject to this contract called "OBDPortal" and the camera plug-in on the
device does not collect any data when the device subject to this contract called "OBDPortal" is
turned off and the seller undertakes this situation. The camera plug-in is active only when the device
subject to this contract called "OBDPortal" is working and has an internet connection and this
plug-in is used only to see the problems on the vehicle dial for troubleshooting purposes. For this
reason, the collected data is processed and stored. The seller party accepts this situation, declares
and undertakes that the buyer, the party,With the approval of this contract, the seller gives his/her
express consent and approval in advance to the collection of data evaluated within the scope of
personal data that will emerge thanks to the camera and audio input equipment add-on included in
the device subject to the contract.
Article 5.4- Although the seller party does not accept any legal and statutory liability regarding the
disputes that may arise with the personal data that emerges, the parties have mutually agreed on this
matter.
6- BUYER'S OBLIGATIONS
Article 6.1- BUYER accepts, declares and undertakes to show due care and attention to the
materials sold, to use the goods subject to the contract within the standards determined by the seller,
to notify the seller in writing in case of any failure, and to not copy any data or add-ons related to
the device by third parties or by him/herself.
Article 6.2- For each transaction in which the device subject to this contract named "OBDPortal"
will be used, he/she will pay the fee amount in Section 2 of this contract, which the parties mutually
agreed upon, in advance to the seller's account information in Section 2 of this contract, not to
intervene in any physical or software sense in the device subject to this contract named
"OBDPortal", to reverse engineer etc. by intervening in the internet connection provided to the
device while it is operating. Not to sabotage the software or any support such as and not to copy or
sabotage the actions used by the device and provided by the seller company in any way, not to
subject the device called "OBD Portal", which is the subject of this contract, to any external
intervention, to contact the seller immediately if any problem occurs in the device called
"OBDPortal", which is the subject of this contract, or if any problem is experienced with the
device, and to fully participate in the information meetings given to it by the seller party regarding
the device called "OBD Portal", which is the subject of this contract, and to act in accordance with
the information provided to it here. The buyer agrees to provide a stable internet connection to the
device and a voltage stabilizer in the vehicle, to carry out the activities requested by the OBDPortal
service center during the transaction, to check the documents such as the engine chassis number,
license information and driver's identity document for the vehicle coming to the service and to
check that there is no discrepancy. The buyer party agrees that it will not sell the device subject to
this contract to any third party as second hand, that it will not share the USER ID and password
given to it by the seller party to use the device subject to this contract with third parties, and that it
will not allow anyone other than itself to use the device with its own information. The buyer party
accepts, declares and undertakes in advance that it will fulfill these obligations.
7 - TIME FRAMEWORKS WHERE SERVICES WILL BE PROVIDED BY THE SELLER
Article 7.1 - The seller party accepts, declares and undertakes to provide the services requested by
the buyer from the seller and included in the definition of the device called "OBDPortal", which is
the subject of this contract, every day between the hours stated on the official OBDPortal website,
except for Sundays, which are called weekly holidays, and days called national and religious
holidays, after the amount agreed upon for each transaction is paid in advance to the specified bank
account by the buyer party.
Article 7.2- In cases where the seller party cannot provide service due to force majeure, such as
server maintenance or the absence of an assistant to perform the transaction, the seller party will
immediately notify the buyer.
8- PENALTY CLAUSE
Article 8.1- The buyer party accepts, declares and undertakes that if it does not comply with the
obligations regulated under the buyer obligations article in this contract, which is related to the sale
of the device named "OBDPortal", it will fulfill the obligation within 14 business days from the
notification of the warning letter to the seller party stating the act it has violated, which will be sent
to it within 7 business days, but if it does not fulfill the obligation within this period, it will pay the
amount to the seller party, deliver the device to the seller party in full and it will not make any
demands. The buyer accepts, declares and undertakes that in the event that any of the rights
protected by the seller regarding the device named "OBDPortal" subject to this contract are
violated by the buyer, this contract will be terminated unilaterally by the seller immediately and
without the need for a notice, and the buyer will immediately pay the seller 50% more than the
penalty determined for the breach of the obligations assigned to it as mentioned above, without the
need for any notice, and the buyer will deliver the device immediately. In the event that the
confidentiality clause in Article 4 of this contract is violated, the buyer accepts, declares and
undertakes to pay the seller ....... Material performance.
9 - REASONS FOR JUSTIFIED TERMINATION OF THE PARTIES
Article 9.1 - In the event that the buyer party violates its obligations in the confidentiality section of
this contract and upon detection of this, the seller party shall unilaterally terminate the contract
without making any notification.
10 - GENERAL PROVISIONS
Article 10.1 - The buyer accepts, declares and undertakes that he/she has read and is informed
about the basic characteristics, sales price and payment method of the product subject to the
contract in this contract and all preliminary information regarding delivery and has given all
necessary approvals.
Article 10.2 - The product subject to the contract shall be delivered to the buyer within 30 business
days following the date of agreement between the parties and the signing of this contract by the
parties. After the buyer party receives the device subject to this contract, the delivery report
included in the annex of this contract shall be signed by the parties.
Article 10.3 - If the subject of the contract is to be delivered to a third party authorized by the buyer
other than the buyer, this situation is recorded in the delivery report and signed by the parties. The
authorization document is attached to the Delivery Report. The buyer is obliged to notify the seller
that the product will be received by a third party other than him.
Article 10.4 - The seller is responsible for delivering the product subject to the contract intact,
complete, up-to-date and with all its attachments.
Article 10.5 - For the delivery of the product subject to the contract, this contract must be signed by
the parties and the sales price must be paid by the preferred method. If the product price is not paid
or the bank records are canceled for any reason, the seller is deemed to have been released from the
obligation to deliver the product.
Article 10.6 - If the relevant bank or financial institution does not pay the price of the product to the
Seller due to the unauthorized use of the Buyer's bank accounts or credit cards, whether or not due
to the Buyer's fault, the Buyer must return the product delivered to the Buyer or a third party
authorized by the Buyer to the Seller within 3 business days. The Buyer is responsible for the return
costs.
Article 10.7 - If the Seller cannot deliver the product subject to the contract within the specified
time due to force majeure or extraordinary circumstances such as adverse weather conditions that
prevent production or transportation, it is obliged to notify the Buyer. In this case, the Buyer may
exercise one of the rights to cancel the order or postpone its delivery until the elimination of the
preventing condition. If the Buyer cancels the order, the Seller shall refund the amount collected
from the Buyer as the product price within 7 business days in accordance with the payment method
specified in this contract. The Seller cannot be held responsible for delays caused by the bank.
Article 10.8 - In the event that the device subject to this contract, which is delivered to the Buyer or
a third party authorized by the Buyer, is faulty or broken, the relevant product or products shall be
delivered to the Seller by the Buyer within 7 business days for the necessary repair or replacement
within the warranty conditions.
11 - PARTIAL INVALIDITY
Article 11.1 - If any of the articles of this contract is deemed invalid or cancelled, this situation does
not affect the validity of the other articles of the contract.
12 - PROTECTION OF PERSONAL DATA
Article 12.1 - The Seller and the Buyer, since they are separate data controllers in accordance with
the Personal Data Protection Law No. 6698 of Turkey, accept and undertake that the obligation to
inform the relevant persons before processing their data regarding the personal data to be
transferred to each other has been fulfilled and that their explicit consent has been obtained in cases
where explicit consent is required. The parties undertake that they process the personal data
transferred to them limited to the purpose of transfer and that the necessary procedures will be
carried out in accordance with the relevant legislation in case the purpose changes.
Article 12.2 - Personal data transferred during the contract period may be stored for the duration of
the contractual relationship between the parties and after the termination of the contract, provided
that it is in accordance with the period and limited to the purpose specified in the relevant
legislation. When the relevant person applies to the data controller and requests the deletion or
destruction of his/her personal data, if all the conditions for processing personal data are eliminated,
the contracting parties shall notify the other party of this situation; and ensure that the necessary
procedures are carried out by the other party to whom the transfer is made.
Article 12.3 - The buyer accepts and undertakes that he/she has been informed and warned by the
seller about all legal obligations regarding the personal data it processes during the contract period,
and that he/she will fully comply with all measures prescribed by the seller for the protection of
personal data. The parties are obliged to take the measures prescribed by the legislation to prevent
unauthorized access, processing and use of personal data by third parties for purposes other than the
purpose for which it was transferred to him/her. Within this framework, each party declares, accepts
and undertakes that it will fully and completely fulfill all obligations prescribed by the law, relevant
legislation and the Personal Data Protection Board, and that otherwise it will be responsible for all
damages that will occur and/or may occur.
Article 12.4 - The parties are obliged to immediately notify the other party in the event of any data
breach on the personal data transferred to them. The parties accept and undertake to recourse to the
other party for damages arising from failure to take the necessary security measures for the
protection of personal data and the unlawful use of personal data during or at the end of the contract
period (these include administrative fines to be foreseen by the relevant institution and all expenses
related to compensation for damages and all kinds of damages to the business, including damage to
the business image)
13 - EMISSIONS MODIFICATION DISCLAIMER
Article 13.1 - Attention: The modification of emissions systems, including the disabling of Adblue/SCR functions, is illegal for on-road use in most EU countries and regions with Euro 4/5/6 ecological standards. Using this service will cause your vehicle to exceed regulated exhaust gas emission levels and it will no longer comply with said standards.
Article 13.2 - This service is intended for vehicles operating in countries without such emissions regulations, for off-road use, or for racing applications where these rules do not apply.
Article 13.3 - The decision to purchase and use this service is a personal one. The Seller assumes no responsibility for any legal issues, fines, or penalties that may arise from the use of this modified system on public roads.
Article 13.4 - The Buyer accepts, declares and undertakes that they have been fully informed of the legal restrictions regarding emissions modifications in their jurisdiction, and that they assume full responsibility for ensuring compliance with all applicable laws and regulations in their region.