1. Before using the website www.moodivation.net (hereinafter referred to as the “Website”) and the “Moodivation” mobile application (hereinafter referred to as the “Application”) owned by Mood Bilgi Teknolojileri A.Ş. please read these Terms of Use carefully and do not use the Website and/or Application if you do not approve of all provisions of the Terms of Use.
   2. In this Terms of Use document, the Website and the Mobile Application together will be referred to as “Platform”. These Terms of Use are inseparable with other explanations, policies and rules on the Platform.

2. Parties and Subject

2.1. These Terms of Use are valid for anyone who visits the Platform and wishes to use the Platform to evaluate employee engagement, report metrics, conduct surveys and provide employee feedback. Therefore, please read the terms written below carefully. If you do not accept these conditions, do not become a member of the Platform and / or do not visit the Platform.

2.2 Mood Bilgi Teknolojileri A.Ş. with the address of “Fatih Sultan Mehmet Mah. Balkan Cad. No:62 A Ümraniye / Istanbul”, is the owner of the Platform. Services offered through the Platform are provided by the Company.

2.3. The conditions set forth in these Terms of Use may be changed by the Company at any time without notice. These changes will apply to anyone visiting or using the Platform from the date of publication on the Platform. With the Terms of Use, the User accepts all kinds of rules, announcements, warnings, and declarations that are in the Platform in advance.

2.4 The subject of this Agreeme is the determination of the terms and conditions regarding the User’s use of the Platform and the Services and the regulation of the rights and obligations of the Parties.

3. Descriptions

Company                    : Mood Bilgi Teknolojileri Anonim Şirketi.

Website                       : www.moodivation.net

Mobile Application   : The mobile application named “Moodivation”.

Platform                     : Both website and mobile application.

Member                      : Real persons using the Platform after confirming the Membership Agreement.

Guest                          : User visiting the Platform without being a member.  

User                             : All guests and users.

Services                      : It refers to all of the services offered on the platform. Through the platform, services are provided for measuring employee loyalty, reporting measurements, conducting surveys, and providing employee feedback.

Force Majeure           :  Natural disasters, war, mobilization, fire, strike and lockout or administrative decisions and infrastructure problems, all failures, power outages, epidemics or unexpected situations in telecommunications networks, which could not be foreseen on the effective date of the Membership Agreement and occured without the involvement of the Parties and make it impossible for the Parties to fulfil their debts and responsibilities partially or completely. In all cases deemed force majeure, the Company cannot be held responsible for late or incomplete performance or non-performance of any of its obligations specified in the Membership Agreement. These and similar situations will not be deemed as delay, non-performance or default for the Company, or the Company will not be liable to indemnify the Member for any damages for these situations.

Parties                        : Refers to the parties of Membership Agreement, which are “Member” and “Company”.

Anonymization          : The information shared with the Company is not shared with third parties, except in cases where there are mandatory situations, the protection of the Company’s rights is necessary and/or an illegal activity is carried out on the Platform.

4. General Liabilities

1. The Company has the right to change the information, forms, content of any kind and these Terms of Use on the Platform at any time, without further notice. These changes will apply to anyone visiting or using the Platform from the date of publication on the Platform. These Terms of Use cannot be changed with the unilateral declaration of the User.
2. Changing the Services offered by the Company, adding new services to these Services, changing the scope and provision of these Services is solely at the discretion of the Company. The Company may use this authority unilaterally and at any time without any notification.
3. The Company may, at any time, make improvements or updates on the Platform without giving any prior notice to the Users. The User acknowledges that access to the Platform may not be temporarily provided for the implementation of improvements and other changes.
4. All content, brands and logos created by the Company, including but not limited to the Platform’s design, image, code, belong to the Company. The User cannot use, share, distribute, exhibit, reproduce, or make derivative works from the products subject to the Company’s intellectual and/or industrial property rights.
5. The User agrees and undertakes that they will not reproduce, copy, distribute, process any content on the Platform, including electronic text, visual and audio images, files, catalogues and lists. In this context, it is prohibited to copy, reproduce, transmit, process, and display the contents and interface on other websites and/or media without the written consent of the Company. Any content accessed and/or displayed on the Platform cannot be used or viewed by third parties in any medium, especially on the internet, without the prior written consent of the Company; otherwise, it will constitute an unlawful use and in this case, all losses of the Company will be borne by the User.
6. Any and all legal, administrative, and criminal responsibility for the use of the Platform belongs to the User who uses the Platform. The Company cannot be held responsible in any way, directly and/or indirectly, for any damages incurred or to be incurred by third parties as a result of the User’s activities on the Platform and/or actions contrary to the Terms of Use and applicable legislation. With regard to any request from third parties in this context, the losses incurred by the Company due to the User’s failure to fulfil his obligations set forth in the Terms of Use or the relevant legislation shall be recourse to the User, to be paid at the first request together with the accessories.
7. It is forbidden to intensively extract information from the database in order to obtain the content accessed and / or viewed through the Platform. The Company may file a criminal complaint against persons who do not comply with this prohibition, in order to punish them pursuant to the current legislation, due to “unauthorized access to the IT system” within the scope of the relevant articles of the Turkish Penal Code.
8. User accepts and undertakes that it is possible to provide links to other websites and/or platforms, files or content that are not connected to the Company and not under the control of the Company, through the Platform, that services belonging to third parties can be offered and that such links are directed to the website or its operator in any way. The Company does not have any responsibility for the platforms, websites, content, services, or products accessed through such links or their content.
9. The User accepts and declares that the Company has no responsibility to investigate the authenticity, security, accuracy of any information shared on the Platform, and to determine whether its posts is legal or not, and that the Company has no responsibility for any damages that may arise due to such information.
10. The User declares that they have completed the age of 18 and has the legal capacity to agree the Terms of Use.
11. The Company undertakes to take all necessary measures to keep personal data and customer information confidential and in accordance with the applicable legislation. Personal data shared with the company are processed within the scope of the Law No. 6698 on the Protection of Personal Data . For more information on the processing of personal data, please review the Clarification Text on the Protection of Personal Data.
12. The laws of the Republic of Turkey will be applied in the implementation and interpretation of these Terms of Use and in the management of legal relations arising within these Terms of Use. Istanbul Anatolian Courts and Execution Offices are authorized in the settlement of any dispute arising from these Terms of Use.